Area 75 Water Rights

Buy Area 75 Water Rights

Area 75 Water Rights FAQ - Frequently Asked Questions

Surface and Ground Water - All waters of the Area 75 basin are considered to be fully appropriated. New diversions and uses must be accomplished by buying existing water rights.

What is a water right? What are underground water rights in Utah?
All waters in Utah are public property. A “water right” is a right to divert (remove from its natural source) and beneficially use water. A water well is needed to draw water from underground for beneficial use.

Why do priority dates matter? What does priority of water rights mean?
Early priority of water right means those holding water rights with the earliest priority dates, and who have continued beneficial use of the water, have the right to water from a certain source before others with water rights having later priority dates. In case of lengthy drought, lack of water and/or policy changes with the Division of Water Right, priority date of water right matters.
Utah is located in a desert and is in a moderate drought. Utah contains much more cultivable land than can be watered from incoming mountain streams. Parowan Valley in Area 75 is among these areas. The principle of water right priority was established so that those who first made beneficial use of water should be entitled to continued use in preference to those who came later. This fundamental principal was later sanctioned in law, and is known as the Doctrine of Prior Appropriation.

What does beneficial use of water right mean?
Beneficial use of water right is the basis, the measure and the limit of all rights to the use of water in Utah. A water right is quantified based on its beneficial use. Use it or lose it is important to understand. You can lose your right to water by not putting it to beneficial use within in a certain amount of time. Check with the Division of Water Rights FAQ to get the policy information. A link is provided herein below.

I want to build a home and need a well. Can I just drill a well and start using the underground water?
No, you must own a water right to divert and use water in the State of Utah. Water well drillers are licensed and cannot drill a well unless permission to drill has been obtained from the State Engineer at the Division of Water Rights. Where can I purchase area 75 water rights? You can Buy Area 75 Water Rights.

How long does it take to obtain permission from the State Engineer to drill a well in Parowan Valley?
After you have a valid and useable water right, it is taking several weeks to months getting approval from the Division of Water Rights to drill a well in Parowan Valley or Area 75. Plus, time afterwards to get the well driller to schedule your well drilling. You can literally be waiting 6 months to a year getting your well drilled. So, time is of the essence to buy your water rights and get the process started.

How much water right is needed when building a home in Area 75?
DOMESTIC (inside use only): Water diversion for a full-time (permanent residence) use is evaluated at 0.45 acre-foot per family per year. Buy Area 75 Water Rights for domestic use here.

How much water right is needed to irrigate my land?
IRRIGATION (any outside watering): This purpose includes watering of crops, lawns, gardens, orchards, and landscaping. The diversion amount (irrigation duty) ranges from 2 acre-feet per acre in cool, mountain meadow areas to 6 acre-feet per acre in low, hot southern areas of Utah. Higher, cooler valleys are generally 3 acre-feet per acre, and lower moderate areas 4 or 5 acre-feet per acre.

How do I determine what water rights I need for my parcel of land?
First, you should determine where you intend to use the water (“the place of use”) and how you will use the water (“the beneficial uses”). These two factors will largely determine the area in which a suitable right may be purchased and how large an interest in a right you will need. Specific policy guidelines for different areas of Utah are available at Water Rights Policy.

How can I find out what area I need water in? What water right area is my lot located in?
See Division of Water Rights Area Map

How many Area 75 water rights do I need for my lot?
If you need water for the Parowan Valley in Area 75, a single family residence (one family domestic use), two head of livestock (cows or horses or equivalent in sheep, goats, barnyard fowl, etc.), and irrigation of about 1/8-acre of landscape, garden, etc., you will need to purchase water right sufficient to provide for a diversion allowance of about 1.0 acre-foot. This estimate is based on current standard requirements of 0.45 acre-foot for domestic (indoor only) use, 0.028 acre-foot for stockwatering of one cow or horse (or equivalent) and 4.0 acre-feet per one acre of irrigation. You should check with Division of Water Rights policy for current Area 75 water use information. Also, for information on the operation of Utah’s “use it or lose it” statute.

Where do I get water rights?
Water rights are classified as “real property” in the state of Utah and are bought and sold much like real estate. Many real estate agencies will have listings for water rights much as they do for other real properties. You can Buy Area 75 Water Rights.

How long does it take to get an Area 75 water right?
When you locate a willing seller, you can obtain ownership in a matter of days. We recommend that you use the services of a title company to handle the required paperwork to transfer title from the seller to the new buyer and record the new title along with the required Report of Water Right Conveyance needed for the Division of Water Rights. This will ensure that the paperwork is done correctly and you save time and money.

How do I transfer water rights? What is the process?
Once a suitable water right interest has been identified and you know the owner and water right number, you are advised to consult with the Regional Office of the Division of Water Rights for the area of interest to determine if the right is likely going to be suitable for your intended uses. Once you are satisfied a suitable right has been identified, the owner(s) of the right must execute a deed conveying that interest to you. Once the deed has been executed and recorded in the county (in which the water is presently diverted), a Report of Water Right Conveyance must then be filed with the Division of Water Rights to document that transaction. Once that filing has been made, verified and processed (usually takes one to two weeks), you can then work with personnel of the Division of Water Rights to file a change application to make any necessary changes to the water right as to source of water, place of use or nature of use. Letting you move the water right to your place of beneficial use of water and so the well driller can begin drilling a well.

Where do I find forms for water rights or more information?
Applications & Forms - Water Right Forms

Is there a list of people who have water rights for sale?
You may want to talk to a real estate agent or check bulletin board postings or other listings. Demand has been high and the supply of willing sellers is low making Area 75 water rights hard to find.

Can I start a well without the water rights?
No. Get enough well water to protect your families needs with early priority water right here. Buy Area 75 Water Rights

How much will I have to spend to get water rights? How much do Area 75 water rights cost?
Current market value for Area 75 water rights vary depending on the priority date and demand. The earlier the priority date, (1916 vs. 1951), the less risk there will be of losing your rights to anothers beneficial use of water with an earlier priority date. This is important: Most of Utah and Area 75 are in a drought! Policy is changing frequently. When the water gets low underground and the drainage basin is overdrawn there will be some changes in who has priority to draw water and who can not. Where do you want your families water right priority? In the long run early priority date water right matters. Get the earliest priority date water rights now while you can.
Buy Area 75 Water Rights

Where do I find a well water driller in the Area 75 water rights area?
There are several local well water drillers but, you may need to get on a waiting list as the drillers have been very busy keeping up with demand for water well drilling.
Water Well Driller Licensing - Well Driller Lists
This application displays licensed well drillers or operators in the State of Utah.

Do I need to have a water right and well approval to get a building permit?
You can check with the Iron County Building & Zoning for rules and regulations.

Check out these great Parowan Valley and Summit Valley building and home lots available now. Summit Valley Ranchos.
Purchase Parowan Water Rights here, while supply lasts.

Is the practice of harvesting rainwater legal in Utah?
Rainwater harvesting is now legal in the state of Utah, starting May 11 2010. Senate Bill 32 was approved in the 2010 session that provides for the collection and use of precipitation without obtaining a water right after registering on the Division of Water Rights web page. There is no charge for registration.

For more information and answers to your FAQ's see Utah Division of Water Right FAQ.
Any water user with questions or concerns regarding Utah water rights is advised to contact the appropriate region office of the Division of Water Rights and/or to seek competent legal counsel.

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