STEWART, Justice.
This case is here on certiorari to the Utah Court of Appeals which held that a water right will not pass as an appurtenance to land conveyed by deed under Utah Code Ann. § 73-1-11 until the State Engineer issues a certificate of appropriation. We affirm this holding, but reverse on other grounds and remand.
The facts are not in dispute. Lester and Madge Little, husband and wife, owned a tract of land in the Johnson Canyon area of Kanab...
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