§ 41-3-108 — Lands taken out of agricultural production or lands taken by eminent domain; retention of priority

(a) Where lands are taken out of agricultural production
as the necessary result of acquisitions for railroad roadbed
construction, highway construction, mining or petroleum
extraction operations or industrial site acquisitions or lands
taken by proceedings in eminent domain or which have become
impracticable to irrigate by reason of any of the foregoing
conditions, the owner of an affected water right may transfer
the water right to other lands held by the owner. The petition
for the change in use, or change in place of use shall be
properly filed within five (5) years of the date the land went
out of production because of any of the conditions specified
herein. Failure to file the petition within five (5) years
results in forfeiture of the right except as otherwise provided.
(b) The petition for a change in use, or change in place
of use, of a water right under this section shall retain its
original date of priority.
(c) For a period of five (5) years after the effective
date of this act, any appropriator whose land has been out of
production for more than five (5) years may petition the board
requesting transfer of the water rights involved. The granting
or denial of a petition under these circumstances is within the
discretion of the board. The decision of the board may be
appealed to the district court. The board may hold public
hearings in connection with a petition being considered pursuant
to this section. All costs in conjunction with the hearing shall
be borne by the petitioner.