§ 41-6-303 — Relative interests of joint owners

Unless the owners of ditches, canals and reservoirs make a
record as herein provided, or have a record thereof made in some
other manner, showing the relative ownership of each interested
party in such irrigation works, said interests shall be
established by the ratio between the water right of each water
user to the total water rights adjudicated under such irrigation
works. The relative interests of joint owners shall, therefore,
be fixed by the issuance of the final certificate of
appropriation as the same appears of record on the date of the
passage of this act or as they shall hereafter be recorded in
the office of the board of control and in the office of the
respective county clerks, and no action for the recovery of the
title to such irrigation works can be brought after ten (10)
years from the date when the final certificates of appropriation
have been recorded in the office of said county clerk; provided,
that during such ten (10) years the interested water users as
mentioned in the final certificates of appropriation, or their
successors, have had continuous, open, adverse and undisputed
possession of such irrigation works. Every conveyance of a
ditch, canal or reservoir, or any interest therein, shall
hereafter be executed and acknowledged in the same manner as a
conveyance of real estate and recorded as herein provided, and
any such conveyance which shall not be made in conformity with
the provisions of this act, shall be null and void as against
subsequent purchasers thereof in good faith and for a valuable
consideration.