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Show UTAH 721 (1 Water conservancy districts.41 (2 Metropolitan water districts.42 (3 Irrigation districts.43 (4 Improvement districts.44 3. Surface Waters 3.1 Method of Acquiring Rights A. EARLY PROCEDURES Prior to 1903, the principal manner by which rights were ac- quired was by the diversion of the water from its natural channel and the application of it to a recognized beneficial use. Once this was accomplished, the user acquired a valid right to the water. These early water rights have come to be known in Utah as "diligence rights." 45 The owner of a diligence right, not otherwise of record, may file a diligence claim in the State engineer's office. Once such- a claim has been filed the statute provides that it constitutes prima facie evidence of the water right.46 The early territorial legislature in Utah provided other means by which rights could be acquired. From 1852 to 1880, county courts were authorized to grant water privileges. This method was replaced by one which vested authority in the county commissioner to deter- mine claims to the use of water, but this law contained no procedure for making new appropriations. In 1897, the legislature provided specific statutory procedure for acquiring rights which included posting a notice, filing a copy with the county recorder, and completing the project with reasonable diligence. The information contained in the notice constituted prima facia evidence of the facts recited therein. If the requirements of the statute were met, priority related back to the posting of notice. However, this statutory procedure was not exclusive and rights could still be established by diversion and use of the water, without filing anything. The early procedures for appropriation were terminated in 1903 when the legislature provided that an appropriation could only be acquired through filing an application with the State engineer.47 However, owners of rights initiated prior to 1903 but not then per- fected were allowed a reasonable time within which to place the water to beneficial use, and thus to perfect their water rights.48 B. CURRENT PROCEDURE (1) Exclusiveness of the procedure The basis of Utah's present-day procedure for appropriating water was the 1903 act, just mentioned, which has been since revised and «• Utah Code Ann., sees. 73-9-1 to 73-9-43. 42 Utah Code Ann., sees. 73-8-1 to 73-8-59 «Utah Code Ann., sees. 73-7-1 to 73-7-67. ** Utah Code Ann., sees. 17-7-1 to 17-7-31; also, see Utah Code Ann., sees. 17-6-1 to 17-6-32. ^Yardley v. Swapp, 12 U. 2d 146, 364 P. 2d 4 (1961). *» Utah Code Ann., sec. 73-5-13. 47Hutchins and Jensen, The Utah Law of Water Bights, 10-15 (1965). 48 Utah Laws, 1903, ch. 100 at 106-07; Jensen v. Birch Greek Ranch, 76 Utah 356, 289 Pac. 1097 (1930). |
