One of the more complicated aspects of rural Cache County real estate transactions is involved with water. Utah has some interesting laws in regards to water, who owns it, who can use it, and how it affects boundaries.
Water rights stay with the property. It is real property. Like a well. The have a stock water number with the state division of water.
Water Shares, are personal property, that can be transferred anywhere within that water irrigation district. Water shares need to be specified with a bill of sale, with a specific certificate that explains who has rights to those shares.
Riparian rights – You own up initial the banks of the river. If the banks of the river change (by natural changes), then your ownership changes. If the river is to small to be navigatable, then the property boundary goes to the middle of the river.
Littoral Rights – Rights of ownership that have to do with properties adjacent to bodies of water with historic high and low tide levels. With literal rights you own up to the historic high water mark.
In a common Utah Real Estate transaction the seller is required to provide any evidence of water rights and shares as specified in the real estate purchase contract.
For any specific questions or for more information about water rights in Utah, visit the Division of Water Rights website.
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