application -- Filing and recording -- Constructive notice -- Effect of failure to record. (1) If an application lapses for failure of the applicant to comply with a provision of this title or an order of the state engineer, the state engineer shall promptly give notice of the lapse to the applicant by regular mail, or send notice electronically if receipt is verifiable. (2) (a) The state engineer may, upon a showing of reasonable cause, reinstate a lapsed application if, no later than 60 days after the state engineer mails or sends electronically the notice of lapse described in Subsection (1), the applicant files: (i) a request to reinstate the application using a reinstatement form provided by the state engineer; and (ii) a request for an extension of time under Section 73-3-12. (b) Except as provided in Subsection (2)(c), the state engineer shall change the date of priority of a reinstated application to the date the request for reinstatement was filed. (c) The original priority date of a lapsed application may not be reinstated, except upon a showing of mistake of the state engineer or fraud. (3) Except as provided in Section 73-3-5.6, Section 73-3-12, Section 73-3-20, or Subsection (2), the priority of an application is determined by the day on which the state engineer's office receives the written application. (4) Before the state engineer issues a certificate of appropriation, a right claimed under an application for the appropriation of water may be assigned by a written instrument, including by use of a form provided by the state engineer's office. (5) (a) An instrument assigning a right described in Subsection (4) shall be recorded in the office of the applicable county recorder to provide notice of the instrument's contents. (b) Beginning July 1, 2017, the state engineer shall consider an assignment using the state engineer's form described in Subsection (4) that is recorded and forwarded to the state engineer as a submitted report of water right conveyance for purposes of fulfilling Subsection 73-1-10(3)(a). (6) An instrument described in Subsection (4) that is not recorded as described in Subsection (5) is void against any subsequent assignee in good faith and for valuable consideration of the same application or any portion of the same application, if the subsequent assignee's own assignment is recorded as described in Subsection (5) first.
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