{"data":{"id":"us-ut/utah-code-17b-1-104.5","jurisdiction":"us-ut","citation":"Utah Code § 17B-1-104.5","heading":"Groundwater right owner provisions -- Vote.","body":"(1) For purposes of this title, an owner of a groundwater right, is on the date of the filing of a groundwater right owner petition or groundwater right owner request, the owner according to:\n(a) a deed recorded with the county recorder in accordance with Section 73-1-10; or\n(b) a water right of record filed in the state engineer's office in accordance with Section 73-1-10.\n(2) For purposes of each provision of this title that requires the owners of groundwater rights covering a percentage of the total groundwater rights within the proposed special district to sign a request, petition, or protest:\n(a) a groundwater right may not be included in the calculation of the required percentage unless the request or petition is signed by:\n(i) except as provided in Subsection (2)(a)(ii), owners representing a majority ownership interest in that groundwater right; or\n(ii) if the groundwater right is owned by joint tenants or tenants by the entirety, 50% of the number of owners of that groundwater right;\n(b) the signature of a person signing a request or petition in a representative capacity on behalf of an owner is invalid unless:\n(i) the person's representative capacity and the name of the owner the person represents are indicated on the request or petition with the person's signature; and\n(ii) the person provides documentation accompanying the request or petition that reasonably substantiates the person's representative capacity; and\n(c) subject to Subsection (2)(b), a duly appointed personal representative may sign a request or petition on behalf of the estate of a deceased owner.\n(3) For an election by groundwater right owners described in this title, each owner of a groundwater right is entitled to cast one vote.","path":["Title 17B Limited Purpose Local Government Entities - Special Districts","Chapter 17B-1 Provisions Applicable to All Special Districts","Part 17B-1-1 General Provisions"],"source_url":"https://le.utah.gov/xcode/Title17B/Chapter1/17B-1-S104.5.html","current_through":"2026 General Session","vintage":"","retrieved_at":"2026-09-03T11:34:33Z","sha256":"4ed9854369ecd7b49dd4d1eb8ccd7eb25bd836b21a21830c4ce4c7a420d0595a","source_id":"us-ut","stale":false,"prev":"us-ut/utah-code-17b-1-104","next":"us-ut/utah-code-17b-1-105"},"notice":"GroundRules: Original legal text. Not legal advice."}