Thursday, May 9, 2013

Segregation of Water Rights

In Utah, you are permitted to divide your water right into smaller portions through a process called segregation.  Think of segregating water rights like subdividing land--taking one large parcel (water right) and splitting it into two or more smaller parcels (water rights). 

Generally, segregation occurs when a person sells a portion of a water right to another person.  For example, assume A owns a water right for 10 acre-feet.  A sells 5 acre-feet of the water right to B.  Generally, B will then segregate his 5 acre-feet to a new water right number, thereby separating his 5 acre-feet from A's 5 acre-feet.  B can then file a change application or take other action on his water right without needing the permission or signature of A.

To segregate a water right, you need to file a "Request to Segregate a Water Right" form with the Utah Division of Water Rights, along with a $50.00 fee.  You can access the segregation form online by clicking here.

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