Some of the most complicated issues in law revolve around water rights. That’s why when you have a question about them, or want to transfer water rights, it’s important to reach out to a water rights attorney in Heber Utah. This Heber water rights lawyer will be able to give you all the information that you need to know about them and how to transfer them to another person.
What are Water Rights?
Water rights simply refer to the legal owner of a body of water. This, on its own, sounds relatively simple. However, there are a lot of complexities that comes with this. Simply put, being the owner of water, implies that other people don’t have access to it. A farmer, for instance, who owns part of a river, may claim that they can divert it onto their land, as they’re the owner of that section. This, however, significantly impacts the environment and ownership of the river downstream, making the law regarding who owns the water and what they can do with it incredibly important. That’s before you consider the implications of water ownership during an extended drought.
How A Heber Water Rights Attorney Can Help You to Transfer Them
The transfer of water rights is one of the most important aspects of the law regarding water ownership, as this is how it’s kept track as to who owns what bodies or parts of a body of water. Without this knowledge, anyone could lay a claim to a body of water, and there would be almost no way of proving whether or not that was a valid claim. All of that is also why it’s important to have an Utah water rights lawyer walk you through the different ways to transfer water rights so that you don’t have to worry about any major issues going forward.
There are two ways to obtain water rights in Utah. The first is to deed the water to another person. This requires that the owner transfer the deed to a new person, and registering it with the county where the water is being used. Typically, this would be done in exchange for money. This requirement can be found under Utah Code Section 73-1-10. The second way to transfer water ownership is by appurtenance. Essentially, this means that when land is surveyed, the water is attached to that same land. Appurtenant simply means to be attached. This water right is then passed with the land, and the law regarding this can be found under Utah Code Section 73-1-11.
The best way to tell who has ownership of water is by going to the county, where they keep a record of deeds on water and land ownership. There is a chance, however, for some discrepancy here, as the Utah Division of Water Rights is not always properly notified or notified in a timely manner of transference of water rights. This is where an Utah water rights attorney can be very helpful. Not only can they help writing any paperwork for the appurtenant or deed transfer to be proper and legal, but they can also make sure that it is submitted everywhere it needs to go in a timely manner. They can also help by finding a history of the records on your behalf. This way there is no confusion or legal issue regarding your ownership over a body of water. Furthermore, a lawyer will be able to answer any questions you may have about what you can do with your water legally.