This lease rider form may be used when you are involved in a lease transaction, and have made the decision to utilize the form of Oil and Gas Lease presented to you by the Lessee, and you want to include additional provisions to that Lease form to address specific concerns you may have, or place limitations on the rights granted the Lessee in the standard lease form.
Utah Water Wells Drilled by Lessee
Category:
State:
Multi-State
Control #:
US-OG-841
Format:
Word;
Rich Text
Instant download
Description
How to fill out Water Wells Drilled By Lessee?
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FAQ
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 properties.
Answer: 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. You must determine if your area is open, restricted or closed to new water rights.
The ?use it or lose it? aspect of Utah water law has historically meant that rights holders risked losing any unused portion. That could lead to a situation where someone might use more water than they need in order to avoid giving up the right to it in future years.
The typical depth of a well for a private residence ranges anywhere from 100 to 800 feet. If the geology of your region is different from that of another part of the country, you might need a well that is either deeper or shallower.
This is called riparian rights. Riparian rights gained legal recognition after California was granted statehood. Under the law, owners of land that physically touches a water source have a right to use water from that source that has not been deemed appropriated by another party.
Drilling a residential water well costs $25 to $65 per foot or $3,750 to $15,300 on average for a complete system and installation.
The second way to transfer water ownership is by appurtenance. Essentially, this means that when land is surveyed, the water is attached to that same land. Appurtenant simply means to be attached. This water right is then passed with the land, and the law regarding this can be found under Utah Code Section 73-1-11.
USE OF WATER Utah's water law is premised on the concept that water is the property of the public and a right to use the water should only be maintained if the water is put to beneficial use. Water rights which have not been exercised for a 7 year period are subject to forfeiture.
