Utah Admin. Code R655-3-4 - Content of the Report of Conveyance
4.1 A Report of Conveyance consists of:
4.1.1 A form provided by the state engineer
which must be completed by the submitter;
4.1.2 Sufficient documentation presented as
copies of properly recorded or authenticated documents to demonstrate the Chain
of Title connecting the owner as shown on the Division's water right records to
the person currently claiming ownership of all or a portion of the water right;
and
4.1.3 Maps conforming to Rule
R655-3-5 when conveyance by
Appurtenance to land is asserted in the report of conveyance.
4.1.4 Additional information in the form of
affidavits, opinions, and explanations if deemed necessary by the state
engineer to process the ROC.
4.1.5
A fee paid to the State Engineer to process the Report of Conveyance pursuant
to Utah Code Section
73-2-14(1)(q).
4.2 The content of a
Report of Conveyance form is as follows:
4.2.1 A single specified water right number
to which the report pertains. The ownership record of the Division for this
water right number is the only record which will be updated when the ROC is
deemed acceptably complete.
4.2.2 A
summary of the documents relied upon to establish a Chain of Title including:
4.2.2.1 The type of conveyance document;
4.2.2.2 Recording information on a
deed including the date it was signed and recorded, and the Recorder's entry
number;
4.2.2.3 The grantor name(s)
as it appears on the conveyance document;
4.2.2.4 The grantee names exactly as they
appear on the conveyance document;
4.2.2.5 Any reservations or special
conditions of conveyance.
4.2.2.6
If a portion of the owner's interest in a water right is conveyed, the
"Portion" Report of Conveyance form must be used which additionally requires:
4.2.2.6.1 The quantity of each beneficial use
conveyed.
4.2.2.6.2 If applicable,
the quantity of use on a change application that was conveyed.
4.2.2.6.3 The diversion limit if applicable.
4.2.3 The
number of any change application to which the report also pertains.
4.2.4 The mailing address of all new owner(s)
as identified in the Chain of Title as the mailing address is to be shown on
records of the state engineer.
4.2.5 A signed certification of the owner if
the ROC is submitted by an individual without a professional certification
attesting that the information contained in the ROC is true and accurate.
4.2.6 A signed certification by a
Professional unless submittal by a Professional is exempted in these rules. The
certification shall state: "The professional was retained by an owner of the
water right to prepare or supervise the preparation of the Report of
Conveyance; that the report is true and accurate to the best of the preparer's
knowledge; that an appropriate search of County Recorder records has been made
and that the attached documents evidence the ownership interest of the
grantee." The certification must include the professional's name, profession,
license number, mailing address and phone number.
4.3 Copies of deeds submitted as supporting
documentation must be properly recorded in the county where water is diverted
and, if different, the county where the water is used. The recording
information must appear on deeds submitted.
4.4 A water right deed conveys only the water
right or portion thereof expressly identified in the deed.
4.5 A document relied upon by a County
Recorder's office to maintain a tract index for land with an appurtenant water
right will be accepted as a conveyance document consistent with Utah Code
Section 73-1-11(1)(b).
Documents submitted must include: a chain of title from the person identified
on the State Engineer's records as owning the water right to the person shown
on the County Recorder's records as owning the property to which the water
right is appurtenant;
a copy of the tract index from the County Recorder; and/or an affidavit endorsed by the Report of Conveyance professional affirming that the water right has not been severed from the land but remains appurtenant to the property.
4.6 If an interest
in a water right has been segregated from another water right, a deed recorded
subsequent to the segregation must show the currently assigned water right
number for the segregated water right.
4.7 The document required to support the
change of the name of a corporation is a certificate of name change, or other
similar document, stamped by the Utah Department of Commerce, or by the
appropriate agency in the State in which the corporation is incorporated,
accompanying the Report of Conveyance.
4.8 A copy of a marriage license evidences
the change of name of an individual specified in the license.
4.9 A copy of a decree of a court of
competent jurisdiction evidences the change of name of an individual as
declared in the decree.
4.10 A copy
of a death certificate evidences the dissolution of joint tenancy in favor of
the surviving party (removal of a joint tenant as an owner on Division
records).
4.11 A properly executed
affidavit by an individual evidences aliases by which the individual may be
named in other documents.
4.12 In
the case of poor copies, improved copies may be requested.
4.13 Supporting documents must be arranged in
ascending chronological order (oldest to youngest) by recording date.
Notes
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