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Show UTAH 725 tor's right extends to quality as well as quantity.73 An appropriator is entitled to have conditions maintained substantially as they were when he made his appropriation, and excessive fluctuations in the streamflow by a junior appropriator will not be allowed where these fluctuations interfere with prior rights.74 B. MEASURE OF THE RIGHT While the prior appropriator is entitled to receive his whole sup- ply before any subsequent appropriator shall have any right, the owner of a water right does not have the same unconditional owner- ship of the water as is the case with land. An appropriator cannot exceed the quantity of water provided for in his application and cannot exceed the period of use specified in the right, and is further limited by his beneficial use requirements. Beneficial use is the basis, the measure, and the limit of all rights to the use of water in Utah.75 In fixing a duty of water for all users in a ground water basin, the Utah court announced that the use of water must not only be beneficial in relation to the lands of the prior appropriator, but must also be reasonable in relation to the reasonable requirements of sub- sequent appropriators.78 In a recent ground water decision, the court concluded that all users have an obligation to maintain a reasonably efficient means of diversion.77 A senior appropriator has no legal complaint when an upstream junior appropriator uses water which is subject to the senior's right-where the flow has so diminished that, if left in the channel, it would not reach the prior appropriator in sufficient quantity to benefit him.78 C. RELATION OF WATER TO LAND A water right in Utah is a separate and distinct right from the right to the land upon which the water is used.79 However, a water right is considered to be appurtenant to the land for which the ap- propriation was made,80 although it may be severed from the land and sold and transferred independently of the land itself. But if a deed transferring real property is silent concerning a water right appurtenant to the land, the water right passes with title to the land.81 This rule does not apply to water which is represented by shares of stock in an irrigation company, because a Utah statute pro- vides that such rights are transferred by transferring the shares of stock in the company, and that they are deemed not to be appurte- nant to the land.82 The Utah Court has ruled that this statute only creates a rebuttable presumption that a water right represented by shares in a mutual company did not pass to the grantee as an ap- purtenance to the land upon which it was used, and that the grantee 73 Salt Lake City v. Boundary Springs Water Users Assn., 2 U. 2d 141, 270 P. 2d 453 (1954). 74 Logan, Hyde Park & Smithfleld Canal Co. v. Logan, 72 Utah 221, 269 Pac. 776 (1928). 76 Utah Code Ann., sec. 73-1-3. 70 In re Escalante Valley Drainage Area, 10 U. 2d 77, 348 P. 2d 679 (1960). ^Wayman v. Murray City, 23 U. 2d 97, 458 P. 2d 861 (1969). ™Dameron Valley Res. & Canal Co. v. Bleak, 61 Utah 230, 211 Pac. 974 (1922). ™8tuobs v. Ercanorack, 13 U. 2d 45, 368 P. 2d 461 (1962). mConant v. Deep Creek & Curlew Valley Irr. Co., 23 Utah 627, 66 Pac. 188 (1901). 81 Utah Code Ann., sec. 73-1-11. MUtah Code Ann., sec. 73-1-10. |
