Section 15 – Dismissal of action for review of informal adjudicative proceedings.
73-3-15. Dismissal of action for review of informal adjudicative proceedings. (1) An action to review a decision of the state engineer from an informal adjudicative proceeding may be dismissed upon the application of any of the parties upon the grounds provided in Utah Rules of Civil Procedure, Rule 41 for: (a) the dismissal of actions […]
Section 31 – Water right for watering livestock on public land.
Effective 7/1/2022 73-3-31. Water right for watering livestock on public land. (1) As used in this section: (a) “Acquire” means to gain the right to use water through obtaining: (i) an approved application to appropriate water; or (ii) a perfected water right. (b) “Allotment” means a designated area of public land available for livestock grazing. […]
Section 16 – Proof of appropriation or permanent change — Notice — Manner of proof — Statements — Maps, profiles, and drawings — Verification — Waiver of filing — Statement in lieu of proof of appropriation or change.
Effective 5/5/2021 73-3-16. Proof of appropriation or permanent change — Notice — Manner of proof — Statements — Maps, profiles, and drawings — Verification — Waiver of filing — Statement in lieu of proof of appropriation or change. (1) Sixty days before the date set for the proof of appropriation or proof of change to […]
Section 32 – Filing protest or judicial review action not required to bring judicial interference claim.
Effective 5/12/2020 73-3-32. Filing protest or judicial review action not required to bring judicial interference claim. The following are not a prerequisite to filing a judicial action for interference, damages, declaratory, injunctive, or other relief, based on the use of water under an existing water right: (1) filing a protest to a water right application […]
Section 17 – Certificate of appropriation — Evidence.
Effective 5/12/2020 73-3-17. Certificate of appropriation — Evidence. (1) Upon the satisfaction of the state engineer that an appropriation, a permanent change of point of diversion, place or purpose of use, or a fixed time change authorized by Section 73-3-30 has been perfected in accordance with the application, and that the water appropriated or affected […]
Section 18 – Lapse of application — Notice — Reinstatement — Priorities — Assignment of application — Filing and recording — Constructive notice — Effect of failure to record.
Effective 5/5/2021 73-3-18. Lapse of application — Notice — Reinstatement — Priorities — Assignment of 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 […]
Section 19 – Right of entry on private property — By applicant — Bond — Priority.
73-3-19. Right of entry on private property — By applicant — Bond — Priority. Whenever any applicant for the use of water from any stream or water source must necessarily enter upon private property in order to make a survey to secure the required information for making a water filing and is refused by the […]
Section 20 – Right to divert appropriated waters into natural streams — Requirements — Storage in reservoir — Information required by state engineer — Lapse of application.
73-3-20. Right to divert appropriated waters into natural streams — Requirements — Storage in reservoir — Information required by state engineer — Lapse of application. (1) Upon application in writing and approval of the state engineer, any appropriated water may, for the purpose of preventing waste and facilitating distribution, be turned from the channel of […]
Section 21.1 – Priorities between appropriators.
Effective 3/24/2022 73-3-21.1. Priorities between appropriators. Appropriators shall have priority among themselves according to the dates of their respective appropriations, so that each appropriator is entitled to receive the appropriator’s whole supply before any subsequent appropriator has any right. Amended by Chapter 311, 2022 General Session
Section 21.3 – Study of preferences during temporary water shortage emergency.
Effective 5/4/2022 73-3-21.3. Study of preferences during temporary water shortage emergency. (1) The state engineer shall study how the state should address preferred uses of water during a temporary water shortage emergency including issues such as: (a) the process for determining whether and how a water use may be given preference; and (b) compensation for […]