In Utah, water can pass with the deed, but don't count on it.
According to the Utah Division of Water Rights, a water right can be conveyed silently as an appurtenance to the land where it's used, as long as the same person owns both. But land can also be sold without its water if the right is reserved in the deed, or if it was sold or moved away earlier.
That's why a good sale names the water right by its number in the deed and the purchase agreement. If the deed doesn't name it, proving the water went with the land can take a map prepared by a licensed professional such as a land surveyor.
The state record gets updated separately.
The county recorder's office is the official record for the deed, but the Division of Water Rights keeps its own ownership list. After a sale, a Report of Water Right Conveyance is filed with the state so the new owner shows up. Utah also has a Water Rights Addendum to Land Deed that the seller fills out and signs to identify the water right being conveyed, and the buyer signs to acknowledge it. When the deed is recorded, the county recorder sends a copy to the State Engineer.
Unused water rights can be lost.
Under Utah law, a water right that goes unused for at least seven years can be subject to forfeiture, though forfeiture takes a court action and there are exceptions. If your land has sat unused for years, the right is still worth checking. It may still be valid, and that affects what the land is worth.
Idaho, Wyoming, and Colorado: what changes.
Each state keeps its own water records, and the paperwork after a sale is a little different.
- Idaho. Idaho law requires a Notice of Change in Water Right Ownership to be filed with the Idaho Department of Water Resources within 120 days of the sale, with a copy of the deed and a $25 fee per water right.
- Wyoming. The Wyoming State Engineer's Office says water rights are property rights that transfer with the sale of the land they are attached to. The new owner sends a copy of the recorded deed to the State Engineer to update the permit records.
- Colorado. After closing, the owner name on the permit is updated with the Colorado Division of Water Resources, usually by the title company through the state's online change-of-owner form.
In every case we look up the record before we make an offer and handle the filing at closing, so the water goes with the land.
Questions about your own land? Call or text (801) 441-0224, email [email protected], or use the form below. — Coby Reid, Bojiki LLC
This guide is general information, not legal advice. Sources: Utah Division of Water Rights: Water Right Title Information · Idaho Code 42-248 (change in water right ownership) · Wyoming State Engineer: Ground Water FAQs · Colorado DWR: Change of Owner Name eForm · Utah Code 57-3-109 (water rights addendum) · Utah Code 73-1-4 (forfeiture for nonuse)