Water Shares vs Water Rights – What You Need to Know

Water is very important to keep in mind when looking to buy a property. If you buy a property without doing research on the water that comes with it, you may not be able to use the property in the way you intend.

There are two types of water ownership in Utah, water rights and water shares. All of the water in Utah is allocated by the state. When the state allocates the use of water to a person or entity, it is called a water right.

Water Rights

A water right, as defined on the Utah Water Rights website “…is a right to divert (remove from its natural source) and beneficially us water.” the beneficial use of water could be for a home, livestock, crops and more. There are also a variety of sources that can be diverted such as springs, creeks, lakes, wells, canals, and so on. Specific information about a water right can be found on the State of Utah Division of Water Rights website by entering the water right number in the search box.

The priority date, or the date that the water right was first created/recognized by the state, is an important aspect of a water right. According to the Water Rights website, “Those holding water rights with the earliest priority dates, and who have continued beneficial use of the water, have the right to water from a certain source before others with water rights having later priority dates.”

It is important to know who the other people are who have a water right from the same source and if they have an earlier or later priority date. In order to coordinate the use of the water, you will work directly with those with rights to that source. There is no company or entity controlling or regulating its use besides the state and the distribution coordination is managed by the people with the rights to the water.

One water right is equal to 1-acre foot of water. You need to know how many water rights are being sold with the property you are purchasing, and how many acre-feet of water you will need to fulfill your intended purpose with the property. Water rights are considered personal property and in some cases, they may be connected to a property, but it is also possible in some cases that they may be sold separately as personal property.

    What to verify when buying a property with water rights:

  • The water right is under the name of the seller.
  • Verify with the state that the seller truly does own the number of water rights claimed.
  • Confirm with your title company that the water rights will be transferred to you at settlement.
  • Where is the diversion or how is the water to be accessed.
  • The estimated market value of the water rights.
    • This will depend greatly on the location and accessibility of the water.

Water Shares

 

Water Shares are a different type of water ownership, which is not direct ownership of a water right from the state but involves water that has been appropriated by the state to an entity, not an individual.

When an entity, such as a city/town, ditch company, irrigation company, canal company etc., is given water rights by the state, that entity will typically have a president, water board, and other leadership positions to manage the entity.

A specific number of acre-feet of water is assigned to each share and the shares of water are held by individual shareholders who typically pay a monthly or yearly assessment.

The entity takes care of specific physical parts of the water distribution system, management of the system, hires a watermaster, specifies the responsibility of the shareholders, and directs the distribution (use) of the water. The ‘use’ of the water is typically referred to as water turns and will specify the amount of water a shareholder may use and for what duration. This control should help in times of drought to keep water usage as fair as possible.

    What to verify when buying a property with water shares:

  • What company or entity are the shares part of.
  • How many acre-feet of water are included per share.
  • Verify with the entity that the seller owns the number of water shares claimed and if there is an outstanding assessment due.
  • What is the geographic location of the entity
  • May water shares be transferred for subsurface diversion (a well)
  • The market value of the water shares.

Remember…
    Summary to remember for water Utah is that a water right is water ownership given directly from the state to an individual or entity, while a water share is ownership of a share of water within an entity that has been given water rights by the state.

If you have any questions please contact me and I work to increase your confidence and reduce your risk in selling or buying real estate.

Brian Olsen
Coldwell Banker Realty
C: 801-318-3108
E: bolsenrealestate@gmail.com

Wasatch & Salt Lake County Land Sales: Jan-April 2020 vs 2019

Have you asked yet what is happening with the Real Estate market?
I was asked my opinion about land sales in Wasatch and Salt Lake Counties, so here is information from the WFR MLS showing what has happened in the recent past compared to one year ago.

Wasatch County (see the attached graph), since January this year has seen a consistent decline in land closings. Compared to Jan-April 2019, only January saw more land closings, with over 4x the number this January than in January 2019.
Land listings in Wasatch County, have had consistent increases each month this year with each month outpacing the same time period of 2019.

Salt Lake County land closings started the year with huge increases in January & February; in April closings tanked.
Same thing with new land listings in Salt Lake County which were strong January through March and then tanked in April.

So what is going to happen next?
If May doesn’t have a big rebound in Wasatch County closings, I believe it will be June and I don’t see an end to the hot market in the #WasatchBack. I believe we will see more large land sales with the intent to subdivide.

20-acre parcel for sale in Wallsburg, Utah

In the past two months, we have received more calls than normal from out of state buyers looking to purchase land. The majority have only wanted land for themselves, however, we have also received more calls with requests to see land which may be subdivided.

I believe land sales will take longer to rebound in Salt Lake County, however, barring some other catastrophe, like an earthquake, I believe that sales will pick up within 3-4 months.

Three of the largest projects that will continue to effect land sales in the Salt Lake Valley is the new prison facility (over budget), the airport expansion (over budget), and the new Inland Port (not yet over budget). A lot of additional smaller projects and the need for employees will continue to make for a strong Real Estate market in I believe.

We also consistently hear comments about how much people are paying in taxes in the state they live in and that Utah’s taxes are so much better. I hope we will keep fiscally conservative people in government and be wise with our taxes and regulations.

5 Things to Consider for Your Front Porch & Front Door

Adding to our ‘Curb Appeal Helps Seal the Deal’ series one of the most important things to consider in the new build or remodel of your home is your front door and porch. We all want to get enjoyment and comfort from our outdoor spaces, so take these ideas to create a front porch you will love while you occupy your home, and when it comes time to sell your home, a front porch, and door which will appeal to the greatest number of buyers. You want such high and enticing curb appeal to your home that buyers will look past other areas that may be detrimental to your home setting, either outside or inside.

These 5 inter-related ideas will help you get the end result you want.

1. Budget

Within the overall budget for your new home being built or if you are only doing a focused porch and front door remodel, the first thing to do is set your budget. It is estimated by Discover Home Equity Loans that the average front porch remodel, for an existing home costs approximately $21,000.00. We have seen estimates as high as 85% return on the cost of a front porch investment. So put a budget together and we recommend doing a separate budget for your front porch from your front door. Consistently buyers talk about front porches that are laid out well, are comfortable, have plenty of room and look good. The budget for your front door will include additional value items such as sidelights, transom windows, matching additional porch windows, lighting, trims, blinds, etc.

2. Materials

The next item to work on after you have your budget is the material’s that you want for your front porch and door. You may want to talk with your contractor or if doing it yourself, there are tons of websites that cover the pros and cons of different porch materials such as wood, concrete, tile, composites, etc. Same with your front door and windows there are a lot of different door materials such as wood, fiberglass, steel, or glass, to jamb and molding materials of wood, aluminum, vinyl, fiberglass, etc. Determine what materials you like the look of first, then what materials are most likely to fit into your budget best. Then as you start adding in the cost of labor and material you will adjust the materials or your budget as needed and as you are able.

Two things that can add quite a bit of value as you consider your materials. First is the size of your porch. Remember this is for a front porch only – a back porch is another subject. The average size we see that appeals to most people is a depth of approximately 6′ and an average length of 10-12′. Second is only if you have a basement – if possible extend the footing & foundation to include the porch and make the room under your porch a cold storage room or add a safe door for a vault storage room.

3. Environment

Where do you live? What is your environment like? Is there humidity? Are you in a high traffic area? Are you facing north or south? These will impact you for example if you are north facing and live in a cold climate you may want to put a heating element in the floor to melt any snow and ice or add windows to keep snow off. If you get a lot of traffic in and out your front door you may want a steel door which will hold up better. If you are south facing and have hot summers you may want to install ceiling fans. Consider your environment and the type of materials to work with for the most comfort and value.

4. Security and Accessibility

Studies have shown that most forced entries are through the front door and it is typically not because of door failure, it is because of deadbolt or lock failure. What is recommended is to have at least a 1-inch minimum depth for your deadbolt and that the screws for the plat or deadbolt insert go all the way through the door jamb and into the jamb stud. One more thing about security is to have an organized porch. Don’t let things stack up and allow clutter where someone who shouldn’t be there could easily be hidden. Movement activated lights will also increase the security of your front porch.

Some forethought is also good when it comes to accessibility. Is your porch wheelchair accessible or could it be reconstructed easily to be wheelchair accessible? The height of your porch, where you locate any steps and what type of railing and where you put it is will also affect the security and accessibility.

5. Color

When choosing a color for your door, porch railing, trims, lights, etc think about the type of audience you want to draw to your home. You want your curb appeal to be appealing to the largest group of possible buyers. If you choose to use unique colors or unique items, you may reduce the pool of interested buyers. There is definitely a range of unique items so check with your realtor and see what is most appealing in the market.

Get with your contractor early on and your realtor even earlier to get helpful ideas – pinterest is great, but a living breathing contact is a great way to discuss options.

And Justice For All – Utah

Great Opportunity this morning to attend the 2019 Justice Rising Breakfast with “and Justice for all”.

Happy 20th Anniversary to a great organization. Hiring an attorney can be nerve-racking. However, when you need an attorney to represent you, they can also replace despair with peace and hope. Your attorney is there to serve your best interests.

“and Justice for all” is a non-profit that provides legal services, free of charge, to “…for Utahs most vulnerable citizens – people living in poverty, individuals with disabilities, veterans, seniors, minorities and victims of domestic violence.”

If you or anyone you know needs legal assistance contact this organization and see if they are able to assist you.

Here is some information about their stats for 2018. It is very impressive to see how much $1.00 donation provides in return.

Thanks to the Coldwell Banker Foundation for contributing to this great organization.

   


Coldwell Banker – Summer Pool Party

We are so excited for the annual Lindon Aquatics Center Coldwell Banker Client Appreciation Pool party this summer! Join us for some fun in the sun on the FloRider or the Lilypads! Let me know if you’d like an invite to this year’s event!

Have you been to Cedar Hills, Utah?

Have you had the chance to visit the wonderful Cedar Hills here in UT?

I love Cedar Hills, it’s a great city! They’ve set it up beautifully with a park in the middle. If you’re looking for somewhere to live, the Cedars area is a wonderful development.

Cedar Hills city covers a large area; it goes from the north end near Timpanogos Highway and it continues along the Bonneville shoreline about to the area where it meets Pleasant Grove. It follows Murdock Canal and goes on down to 4800 West where the Cedar Hills Walmart is.

Once Canyon Road is finished it will be so convenient and nice to live in this area.
Cedar Hills has multiple neighborhoods that provide a lot of different living scenarios available to meet your specific desires.

There’s a beautiful area near the golf course and many of the homes have such gorgeous views as you stretch to the outside of the Cedars. There are also a lot of family-oriented communities with some larger second homes.

There’s some great retail in the area as well as places to explore through Timpanogos Highway and American Fork Canyon. 

If you’re looking in this area or have any questions- give me a call, shoot me a text, and I’d love to help you out. 
Take care, have a great week.
Contact me for more information and for all your Real Estate needs.