A Utah property owner holds a water right for irrigation use that has not been used for the past eight years. Under Utah's prior appropriation doctrine, what is the most significant legal risk the owner faces regarding this water right?
Correct Answer
B) The water right may be declared forfeited due to non-use under Utah's forfeiture statute
Under Utah Code Ann. § 73-1-4, a water right may be subject to forfeiture if the owner fails to use the water for a period of seven consecutive years without a valid legal excuse. After seven years of non-use, the State Engineer may initiate forfeiture proceedings, and the unused portion of the water right can be declared forfeited and returned to the public domain for reappropriation. With eight years of non-use, this owner faces a significant forfeiture risk.
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Related Topics & Key Terms
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