- (1) A water right owner may put water from a well or developed spring with ground water development works located on private land to beneficial use on state trust land for the duration of a state land lease the water right owner holds.
(2) The state may not obtain an ownership interest in a water right or the ground water development works of a water right that is diverted from a well or developed spring located on private land exclusively based on trustee obligations for state trust land unless:
- (a) a court of competent jurisdiction determines that the state is an owner of that particular water right; or
- (b) the state is in possession of a deed transferring ownership of the water right to the state.
- (3) Before September 30, 2019, the state shall rescind any claim of ownership it asserted or acquired to satisfy trustee obligations for state trust land prior to May 11, 2019, in a water right or ground water development works that do not meet the requirements of subsection (2).
- (4) For the purposes of this section, "state trust land" has the meaning provided in 77-1-101.
History: En. Sec. 1, Ch. 432, L. 2019.