Property Ownership
Under Utah's prior appropriation water doctrine, a water right is defined by all of the following EXCEPT:
APriority date
BPoint of diversion
CBeneficial use
DThe owner's proximity to the water source✓ Correct
Explanation
Under prior appropriation, a water right is defined by its priority date, point of diversion, place of use, and beneficial use. Proximity to the water source is irrelevant—what matters is who appropriated the right first.
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Key Terms to Know
Joint Tenancy
Co-ownership where two or more people hold equal, undivided interests with the right of survivorship — when one owner dies, their share passes to the surviving owners.
Tenancy in CommonCo-ownership where two or more people hold undivided interests that need not be equal and pass to each owner's heirs — no right of survivorship.
Right of First RefusalA contractual right giving a party the opportunity to match any offer received before the owner can accept it from a third party.
DeedA written legal instrument used to transfer ownership of real property from one party (grantor) to another (grantee).
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