2011 Utah Code
Title 73 Water and Irrigation
Chapter 3 Appropriation
Section 18 Lapse of application -- Notice -- Reinstatement -- Priorities -- Assignment of application -- Filing and recording -- Constructive notice -- Effect of failure to record.

73-3-18. Lapse of application -- Notice -- Reinstatement -- Priorities -- Assignment of application -- Filing and recording -- Constructive notice -- Effect of failure to record.
(1) When an application lapses for failure of the applicant to comply with this title's provisions or the state engineer's order, notice of the lapse shall promptly be given to the applicant by regular mail.
(2) Within 60 days after notice of a lapse described in Subsection (1), the state engineer may, upon a showing of reasonable cause, reinstate the application with the date of priority changed to the date of reinstatement.
(3) The original priority date of a lapsed application may not be reinstated, except upon a showing of fraud or mistake of the state engineer.
(4) The priority of an application shall be determined by the date of receiving the written application in the state engineer's office, except as provided in Section 73-3-12 and as provided in this section.
(5) Before issuance of a certificate of appropriation, rights claimed under applications for the appropriation of water may be transferred or assigned by instruments in writing.
(6) An instrument transferring or assigning a right described in Subsection (5), when acknowledged or proved and certified in the manner provided by law for the acknowledgment or proving of conveyances of real estate, may be filed in the office of the state engineer and shall from time of filing impart notice to all persons of the contents thereof.
(7) Every assignment of an application that is not filed as provided by this section is void as against any subsequent assignee in good faith and for valuable consideration of the same application or any portion thereof where the subsequent assignee's own assignment is first duly filed.