It was an unusually quiet legislative session for water matters. Only three water bills of any note came out of the 1999 general session. One was HB 153 which relieved culinary providers with less than 500 connections nary providers with less than 500 connections from the obligation to create a Water Conservation Plan.

The second was HB 200, which made minor amendments to Utah's Water Commissioner statute. The amendments allow the State Engineer to appoint more than one commissioner for a particular source. They also give explicit authority to enforce liens created by failure to pay assessments, and create a Water Commissioner Fund to deposit and hold fee assessments.

The third was SB 154, which clarifies procedures for County Recorders to file water deeds with the State Engineer. The current law requires the County Recorder of each county to send a certified copy of every deed or instrument transferring a water right to the State Engineer. Unfortunately, Utah appurtenance law created a great deal of confusion and uncertainty among county recorders, who were unsure if a deed for land which was silent as to water only conveyed appurtenant water with it. Utah Code § 73-1-11 provides that if a deed is silent as to water, it will convey any water that is appurtenant to the land conveyed. For example, if Farmer mple, if Farmer Jones owns land and water rights which are used to irrigate the land, and he conveys the land to Farmer Brown, the water appurtenant to the land will also be conveyed, unless excluded in the deed. Obviously, a County Recorder has no knowledge if there is appurtenant water when the deed is for land only.

The amendments pursuant to SB 154 clarify that a county recorder is to transmit a copy of deeds that reference a water right number to the State Engineer. Deeds that may silently convey appurtenant water or contain general references to water rights are not forwarded to the State Engineer.