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Water Rights in Utah, and Why Land Buyers Need to Ask

People buying land in Utah for the first time often assume water comes with the dirt. It does not.

Water is separate from land

In Utah, water rights are their own form of property. Land can be sold with them, without them, or with something partial. Two neighbouring parcels that look identical from the road can be completely different propositions once you ask what water comes with each.

Ask before you write an offer

  • Does this parcel have a water right attached, and is it being conveyed
  • Is there a well, and is it permitted
  • Is the parcel served by a culinary water system, and what would connection involve
  • Has the right been used recently, and is it in good standing

Why it changes the number

Land with secured water and land without are different assets at different prices, even when they sit side by side. If you are comparing parcels on price per acre alone, you may be comparing two things that are not comparable.

Get the right people involved

The Utah Division of Water Rights administers this, and a water rights attorney or a title company experienced with rural land is worth involving early. This is not something to sort out after closing.

This is general information, not legal advice. Talk to a qualified attorney about any specific parcel.

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