42-2509 — RIGHTS OF LIENHOLDERS PROTECTED
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TITLE 42
IRRIGATION AND DRAINAGE -- WATER
RIGHTS AND RECLAMATION
CHAPTER 25
TRANSFER AND LEASE OF
CAREY ACT WATER RIGHTS
42-2509. RIGHTS OF LIENHOLDERS PROTECTED. No water right or any portion
thereof shall be transferred from one tract of land to another under the
provisions of this chapter where there is a valid existing mortgage or other
lien or encumbrance on the land to which such water right is appurtenant
without the consent of the holder of such mortgage or other lien or
encumbrance, which consent shall be evidenced by an instrument in writing
executed and acknowledged as other instruments relating to the conveyance of
real estate.