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Real Estate > Water, Water, Everywhere > Flashcards

Water, Water, Everywhere Flashcards

1
Q

Erosion can be defined as:
A: An Increase In Land Resulting From The Deposit Of Soil By The Action Of Water
B: A Decrease In Land Resulting From The Deposit Of Soil By The Action Of Water
C: The Gradual And Imperceptible Wearing Away Of The Land By Natural Forces
D: The Sudden Removal Of Soil By An Act Of Nature

A

C: The Gradual And Imperceptible Wearing Away Of The Land By Natural Forces

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2
Q

Utah is the:
A: Driest State In The United States
B: 2nd Driest State In The United States
C: 3rd Driest State In The United States
D: 4th Driest State In The United States

A

B: 2nd Driest State In The United States

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3
Q

Water rights and water shares specifically addressed in ______ in the REPC.
A: Section 1.4
B: Section 1.6
C: Section 2
D: Section 3

A

A: Section 1.4

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4
Q

A sudden loss of soil through a major event of nature.
A: Avulsion
B: Simple Title
C: Fee Title
D: Land Rights

A

A: Avulsion

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5
Q

Water Rights (real property)

A

Common Law rights held by owners of land adjacent to rivers, lakes, or oceans; includes restrictions on those rights and land ownership.

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6
Q

Utah is the 2nd

A

driest state in the United States.

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7
Q

In the REPC, water rights and water shares are
specifically addressed in Section

A

1.4

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8
Q

Riparian Rights

A

It is a system allocating water among those who posses land along the paths of rivers and streams.

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9
Q

Littoral Rights

A

Water rights for land that is adjacent bodies of water such as Oceans, Seas and Lakes.

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10
Q

Erosion

A

The gradual loss of soil through natural causes.

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11
Q

Avulsion

A

A sudden loss of soil through a major event of nature.

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12
Q

Who is in charge of water in Utah?
A: The State Engineer
B: The Utah Water Department
C: The State Water Department
D: The Governor Of The State Of Utah

A

A: The State Engineer

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13
Q

The Doctrine of Prior Appropriation:
A: Applies In Utah And Means That Water Use Is Controlled By The State
B: Does Not Applies In Utah And Means That Water Use Is Controlled By The State
C: Applies In Utah And Means That Water Use Is Controlled By The Land Owner
D: Does Not Apply In Utah And Means That Water Use Is Controlled By The Landowner

A

A: Applies In Utah And Means That Water Use Is Controlled By The State

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14
Q

It is a system allocating water among those who possess land along the paths of rivers and streams
A: Riparian Rights
B: Erosion
C: Avulsion
D: Simple Title

A

A: Riparian Rights

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15
Q

The State Engineer controls:
A: Certain Water Rights
B: All Water
C: None Of The Above
D: All Of The Above

A

B: All Water

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16
Q

The Doctrine of Prior Appropriation was enacted.

A

Utah 1903

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17
Q

The State Engineer

A

Controls all the water

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18
Q

All water is owned

A

by the state of Utah. The state claims and governs all water and appropriates rights for the use of the water.

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19
Q

Riparian Rights

A

Non navigable waters such as small streams and small rivers. Your property rights goes to the middle of the stream.

20
Q

You can’t take water

A

from just any source, you can’t just drill a well any where you want, you have to have water
appropriated to you by the State Engineer.

21
Q

Erosion control dam

A

is used to help control erosion, however, in Utah, you cannot divert or stop the flow of water because of the scarcity and demand. Call the State Engineers office for assistance to accomplish this.

22
Q

Riparian rights refer to water rights adjacent to:
A: Lakes And Oceans
B: Rivers And Streams
C: Ponds And Lakes
D: Creeks And Lagoons

A

B: Rivers And Streams

23
Q

Littoral rights refer to water rights adjacent to:
A: Lakes And Oceans
B: Rivers And Streams
C: Ponds And Lakes
D: Creeks And Lagoons

A

A: Lakes And Oceans

24
Q

In the REPC, water rights and water shares are:
A: Specifically Addressed In Section 1.1
B: Specifically Addressed In Section 1.2
C: Specifically Addressed In Section 1.2
D: Specifically Addressed In Section 1.4

A

D: Specifically Addressed In Section 1.4

25
Q

Water rights are conveyed through a _____ from the state engineers office.
A: Deed
B: Transfer Deed
C: Life Estate
D: None Of The Above

A

A: Deed

26
Q

Jon owns a farm that has a large lake on it. Jon’s water rights are called:
A: Water Rights
B: Littoral Rights
C: All Of The Above
D: None Of The Above

A

B: Littoral Rights

27
Q

Losing Water

A

Once granted a water right you have 3 years to put the water to beneficial use. If you don’t the state has the right to appropriate the water.

28
Q

Abandonment of Water

A

after 5 years, in which case the State takes the
water rights back.

29
Q

Beneficial Use

A

Have to put it to use that benefit the land, such as for residential developments, agricultural use, stock water

30
Q

Water Rights Are Conveyed

A

through a deed from the State Engineers
Office. With or without land attached

31
Q

Water Shares Are Conveyed

A

as stock certificates. When a corporation that owns the water right and breaks it down into
shares of ownership for the members

32
Q

You may have a well on one piece of property

A

But it may be on someone elses property, and that well may not be appropriated (own) the
well that sits on the property.

33
Q

Water in the REPC Section

A

1.4 Water Service

34
Q

The Purchase Price

A

for the Property shall include all water rights/water shares …..The following water
rights/water shares, if applicable, are specifically excluded from this sale:.

35
Q

How to know if there water rights?.

A

That may be recorded with the deed including the amount of water conveyed as well. The title company or seller may have the stock certificate or deed.

36
Q

An acre foot of water

A

One acre that is completely covered with one
foot of water.

37
Q

Sam owns a piece of property that has a beautiful river running through it. Sam’s water rights are called:
A: Prior Appropriation Rights
B: Riparian Rights
C: Littoral Rights
D: Subsurface Rights

A

B: Riparian Rights

38
Q

Which of the following is TRUE regarding water rights?
A: Water Rights Are Personal Property And Water Shares Are Real Property
B: Water Rights Are Real Property And Water Shares Are Personal Property
C: In Utah, Land Owners Have No Water Rights
D: In Utah, Water Rights Are Subsurface Rights

A

B: Water Rights Are Real Property And Water Shares Are Personal Property

39
Q

In the Utah REPC, if water rights and water shares are INCLUDED:
A: We Do Not Need To Do Anything
B: We Specifically Spell Them Out In Section 1.4
C: We Specifically Spell Them Out In An Addendum To The REPC
D: We Specifically Spell Them Out In The Water Rights/Water Shares Addendum

A

A: We Do Not Need To Do Anything

40
Q

A tsunami wiped out 2 miles of beachfront property. This loss of soil is referred to:
A: Accretion
B: Avulsion
C: Erosion
D: None Of The Above

A

B: Avulsion

41
Q

Avulsion is
A: Sudden Loss Of Water
B: Sudden Loss Of Soil Through A Major Event Of Nature
C: None Of The Above
D: All Of The Above

A

B: Sudden Loss Of Soil Through A Major Event Of Nature

42
Q

Over time, Mark has lost 6 feet of land due to natural forces. This is an example of:
A: Accretion
B: Avulsion
C: Erosion
D: None Of The Above

A

C: Erosion

43
Q

Dave has owned a ranch for 10 years. Over time, he has gained 10 feet of land due to natural forces. This is an example of:
A: Accretion
B: Avulsion
C: Erosion
D: None Of The Above

A

A: Accretion

44
Q

The gradual loss of soil through natural causes is called _________
A: Erosion
B: Avulsion
C: Severalty
D: Fee Simple Title

A

A: Erosion

45
Q

Water rights and water shares are specifically addressed in ______ in the REPC.
A: Section 1.4
B: Section 2
C: Section 3.2
D: Section 1.5

A

A: Section 1.4

46
Q

State Engineer controls ALL the water in the state:
A: True
B: False
C: Depends On The Situation
D: None Of The Above

A

A: True

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