Sarah purchases a 10-acre farm in rural Utah. The seller's water right certificate, issued by the Utah State Engineer, covers irrigation use from a nearby creek. The purchase contract is silent on water rights. After closing, Sarah discovers the seller did not transfer the water rights. Which statement best describes the legal situation under Utah law?
Correct Answer
A) Sarah has no right to use the creek water because the water rights remained with the seller
Under Utah's prior appropriation doctrine (Utah Code Ann. § 73-1-1 et seq.), water rights are a separate property interest from the land and do NOT automatically transfer with the sale of real property. Because the purchase contract was silent on water rights and no separate conveyance of the water right was executed, the water rights remained with the seller. Sarah has no legal authority to use the creek water under the seller's water right certificate.
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Key Terms:
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