85-2-424. Filing. (1) The transferor of a water right shall file with the department a water right transfer certificate within 60 days of recording a deed or other instrument evidencing a transfer of real property.
     (2) Except in the case of a transfer of real property served by a public service water supply, when any person presents for recording a deed or other instrument evidencing a transfer of real property, the realty transfer certificate shall contain a water rights disclosure whereby the transferor shall acknowledge, at or before closing, whether or not any water rights are associated with the property to be transferred and whether or not any water rights will transfer with the real property. If the realty transfer certificate discloses a transfer of water rights, a water right transfer certificate must be completed and filed with the department. The recording of the deed or other instrument may not be delayed because of the transfer of the water rights.
     (3) Upon request of the department, the county clerk and recorder shall send to the department, on a monthly basis, a copy of the clerk and recorder's copy of any realty transfer certificate that discloses a transfer of water rights.

     History: En. Sec. 4, Ch. 674, L. 1983; amd. Sec. 2, Ch. 271, L. 1985; amd. Sec. 10, Ch. 805, L. 1991; amd. Sec. 3, Ch. 167, L. 1997.