73-3-18 - Lapse of application -- Notice -- Reinstatement -- Priorities -- Assignment of application -- Filing and recording -- Constructive notice -- Effect of failure to record.
73-3-18. Lapse of application -- Notice -- Reinstatement -- Priorities -- Assignmentof application -- Filing and recording -- Constructive notice -- Effect of failure to record.
When an application lapses for failure of the applicant to comply with the provisions ofthis title or the order of the state engineer, notice of such lapsing shall forthwith be given to theapplicant by regular mail. Within 60 days after such notice the state engineer may, upon ashowing of reasonable cause, reinstate the application with the date of priority changed to thedate of reinstatement. The original priority date of a lapsed or forfeited application shall not bereinstated, except upon a showing of fraud or mistake of the state engineer. The priority of anapplication shall be determined by the date of receiving the written application in the stateengineer's office, except as provided in Section 73-3-17 and as herein provided.
Prior to issuance of certificate of appropriation, rights claimed under applications for theappropriation of water may be transferred or assigned by instruments in writing. Suchinstruments, when acknowledged or proved and certified in the manner provided by law for theacknowledgement or proving of conveyances of real estate, may be filed in the office of the stateengineer and shall from time of filing of same in said office impart notice to all persons of thecontents thereof. Every assignment of an application which shall not be recorded as hereinprovided shall be void as against any subsequent assignee in good faith and for valuableconsideration of the same application or any portion thereof where his own assignment shall befirst duly recorded.
Amended by Chapter 137, 1959 General Session