2016 Utah Code
Title 16 - Corporations
Chapter 6a - Utah Revised Nonprofit Corporation Act
Part 1 - General Provisions
Section 119 - Execution against a mutual benefit corporation.

16-6a-119. Execution against a mutual benefit corporation.

• (1) As used in this section:
  • (a) "Judicial lien" means one or more of the following:
    • (i) a judgment lien; or
    • (ii) other lien obtained by a judicial or equitable process or proceeding.
  • (b) "Water right" means:
    • (i) a right to use water evidenced by a means identified in Section 73-1-10; or
    • (ii) a right to use water under an approved application:
      • (A) to appropriate;
      • (B) for a change of use; or
      • (C) for the exchange of water.
  • (c) "Water rights and related assets" means a water right or title to:
    • (i) a water conveyance facility; or
    • (ii) other asset of a mutual benefit corporation necessary to divert or distribute water to its members.

• (2) Except as provided in Subsection (3), a court may not do the following with regard to a judicial lien recorded on or after May 12, 2009 against the water rights and related assets of a mutual benefit corporation earlier than 180 days after the day on which the judicial lien is recorded or takes effect:
  • (a) execute the judicial lien;
  • (b) impose a levy as a result of the judicial lien; or
  • (c) force the sale, transfer, or change in ownership of the water rights and related assets pursuant to the judicial lien.

• (3) This section does not apply to a judicial lien related to a cause of action brought against a mutual benefit corporation by a shareholder under Section 73-3-3.5.

Enacted by Chapter 37, 2009 General Session