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water rights

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TerrysQuest
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water rights

Postby TerrysQuest » Tuesday June 17th, 2008 11:19 am MDT

Water rights as I understand it should be protected under a land patent. I filed for a diligence claim with the state of Utah water rights division. For 13 acre feet of water that has been used since prior to my land patent 1893. In 1903 Utah took possession of all the water in Utah. Then started issuing water rights. probably 40 years ago they closed the allocation of all water rights in southern Utah it was also published apparently in a news paper back then that if you had rights you must notify the water rights division or loose your rights. Apparently this was not done. My claim was contested. So I have to prepare an answer by the 29th. I think the only way to fight this is to claim my patent gives me the right to the water according to the sumo corp. case. Claiming that I am not wanting new water just the state to acknowledge it and issue water rights. To protect my water. I want the water right # so I can sell the water as it is very valuable. Has anyone delt with water rights issues. I feel with sumo corp. I can keep the water as long as I own the land but I will not be able to transfer the water off the land or sell it also someone could drill next to my land and drain my spring then I would have no recourse with out a water right.

Twodog
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Re: water rights

Postby Twodog » Tuesday June 17th, 2008 6:28 pm MDT

Terry,
Sumo was the first thing to come to my mind. It's been awhile since I've read it but if I remember correctly, if it's not in the patent proceedings then it must be barred. I also seem to remember that any restrictions on the land must be either on the patent itself or in the Act of Congress mentioned on the patent.

These are just a couple of thoughts off of the top of my head and not meant to be taken as advice.

Due to the personal nature of your inquiry you may want to PM Admin, who will be able to tell you if the nature of your issue requires a Team Law beneficiary status for further educational support on the matter.

Best wishes to you and may God bless,


Louis
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Re: water rights

Postby Admin » Wednesday June 18th, 2008 6:37 am MDT

:h: Terrys Quest:
Twodog was correct; the subject matter of your inquiry was uniquely personal and asked a technical question the nature of which would require beneficiary support for a complete response; however, we can give a couple of pointers about water rights in general that may help in your quest.

The first thing to remember about water rights is they are flowing rights. That is to say, water will not remain where it is; rather, it will flow. Thus, water rights are based on the right to use the water that flows through (or near) Land more than they are based on whether or not the water can be found within the confines of your Land.

Accordingly, if water passes through your land for an extended period of time and you fail to use your “share” as it passes through your land, you can lose the right to that flow to someone else that uses that flow downstream.

Thus, though you may own Land and the property appurtenant to it, which may seem to include water rights, but even though the water flows through your land, you may have no right to interrupt that flow because others downstream from you may already own the right to that water before it enters your land and you do not have the right to interfere with the flow of that water.

Also we have no idea what "Sumo Corp." is; However we imagine you may have been attempting to refer to the "Suma Corp. vs. California" case; if that is correct, we do not see a direct application of that case to the circumstances you provided.

From our response above, you may see there are elements to support a claim for water that has remained in use over time; however, the technical details that relate to learning how to defend such a case in a water rights hearing are far too technical for us to present here; such a response requires Team Law beneficiary support.

We hope this information is helpful to you.
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