Section 119 - Execution against a mutual benefit corporation.

UT Code § 16-6a-119 (2019) (N/A)
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(1) As used in this section: (a) "Judicial lien" means one or more of the following: (i) a judgment lien; or (ii) other lien obtained by a judicial or equitable process or proceeding. (b) "Water right" means: (i) a right to use water evidenced by a means identified in Section 73-1-10; or (ii) a right to use water under an approved application: (A) to appropriate; (B) for a change of use; or (C) for the exchange of water. (c) "Water rights and related assets" means a water right or title to: (i) a water conveyance facility; or (ii) other asset of a mutual benefit corporation necessary to divert or distribute water to its members.

(a) "Judicial lien" means one or more of the following: (i) a judgment lien; or (ii) other lien obtained by a judicial or equitable process or proceeding.

(i) a judgment lien; or

(ii) other lien obtained by a judicial or equitable process or proceeding.

(b) "Water right" means: (i) a right to use water evidenced by a means identified in Section 73-1-10; or (ii) a right to use water under an approved application: (A) to appropriate; (B) for a change of use; or (C) for the exchange of water.

(i) a right to use water evidenced by a means identified in Section 73-1-10; or

(ii) a right to use water under an approved application: (A) to appropriate; (B) for a change of use; or (C) for the exchange of water.

(A) to appropriate;

(B) for a change of use; or

(C) for the exchange of water.

(c) "Water rights and related assets" means a water right or title to: (i) a water conveyance facility; or (ii) other asset of a mutual benefit corporation necessary to divert or distribute water to its members.

(i) a water conveyance facility; or

(ii) other asset of a mutual benefit corporation necessary to divert or distribute water to its members.

(2) Except as provided in Subsection (3), a court may not do the following with regard to a judicial lien recorded on or after May 12, 2009 against the water rights and related assets of a mutual benefit corporation earlier than 180 days after the day on which the judicial lien is recorded or takes effect: (a) execute the judicial lien; (b) impose a levy as a result of the judicial lien; or (c) force the sale, transfer, or change in ownership of the water rights and related assets pursuant to the judicial lien.

(a) execute the judicial lien;

(b) impose a levy as a result of the judicial lien; or

(c) force the sale, transfer, or change in ownership of the water rights and related assets pursuant to the judicial lien.

(3) This section does not apply to a judicial lien related to a cause of action brought against a mutual benefit corporation by a shareholder under Section 73-3-3.5.