Affidavit of Beneficial Use
An Affidavit of Beneficial Use may be submitted by an applicant without hiring a proof professional if it qualifies under statute. An affidavit qualifies if all of the following criteria are met:
- The water right is associated with a residence, either full- or part-time. (NOTE: The residence may receive water under another water right or from a municipal connection. However, any irrigation or stock use on the affidavit must be associated with the residence.)
- The water use is for a quarter acre of irrigation or less.
- The water use is for the watering of ten head of livestock (or equivalent) or less.
- The water use does not include any uses in addition to the three listed above.
There are four documents that must be submitted as part of the affidavit of beneficial use as follows:
- Affidavit of Beneficial Use of Water. This document must be filled out by the applicant and signed before a notary public.
- Map of Beneficial Use. This map is created by the applicant and shows the beneficial uses and source of water.
- Certificate of Occupancy. This document can usually be obtained from the city, county, or other municipality that issued the building permit for the residence.
- Plat Map. This is a map of the property created by a surveyor that can be obtained from the County Recorder's Office, usually for a nominal fee.
Frequently Asked Questions
Blank Affidavit Forms and Instructions
Sample Completed Affidavit of Beneficial Use Documents
County Recorders in Utah
The new statute (H.B. 389) regarding affidavits.