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 […]
Section 21.5 – Preferences between appropriators.
Effective 5/3/2023 73-3-21.5. Preferences between appropriators. (1) As used in this section: (a) “Electric utility” means: (i) a municipal electric utility, as defined in Section 10-19-102; (ii) an electric interlocal entity, as defined in Section 11-13-103; (iii) an energy services interlocal entity, as defined in Section 11-13-103; (iv) a project entity, as defined in Section […]
Section 23 – Replacement of water.
73-3-23. Replacement of water. In all cases of appropriations of underground water the right of replacement is hereby granted to any junior appropriator whose appropriation may diminish the quantity or injuriously affect the quality of appropriated underground water in which the right to the use thereof has been established as provided by law. No replacement […]
Section 25 – Well driller’s license — Enforcement.
73-3-25. Well driller’s license — Enforcement. (1) As used in this section: (a) “Well” means an open or cased excavation or borehole for diverting, using, or monitoring underground water made by any construction method. (b) “Well driller” means a person with a license to engage in well drilling for compensation or otherwise. (c) “Well drilling” […]
Section 26 – Violations — Penalty.
Effective 5/13/2014 73-3-26. Violations — Penalty. (1) A person engaged in well drilling, as described in Subsection 73-3-25(1)(c), is guilty of a crime punishable under Section 73-2-27 if the person does not have a current license to engage in well drilling, as provided by this title. (2) Each day that a violation under Subsection (1) […]
Section 27 – Requests for segregation or consolidation.
73-3-27. Requests for segregation or consolidation. (1) (a) Upon written request, the state engineer shall segregate into two or more parts the following in the state engineer’s records: (i) an application to: (A) under Section 73-3-2, appropriate water; (B) under Section 73-3-3, permanently change: (I) the point of diversion; (II) the place of water use; […]
Section 28 – Replacement wells — Requirements — State engineer’s approval — Application to drill — Filing — Form — Contents — Notice — Fees — Definition — Plugging of old well.
73-3-28. Replacement wells — Requirements — State engineer’s approval — Application to drill — Filing — Form — Contents — Notice — Fees — Definition — Plugging of old well. An existing well may be replaced with a replacement well within a radius of 150 feet from the existing well without the filing of a […]
Section 29 – Relocation of natural streams — Written permit required — Emergency work — Violations.
Effective 5/13/2014 73-3-29. Relocation of natural streams — Written permit required — Emergency work — Violations. (1) Except as provided in Subsection (2), a state agency, county, city, corporation, or person may not relocate any natural stream channel or alter the beds and banks of any natural stream without first obtaining the written approval of […]
Section 30 – Change application for an instream flow.
Effective 5/4/2022 73-3-30. Change application for an instream flow. (1) As used in this section: (a) “Division” means the Division of Wildlife Resources created in Section 23-14-1, the Division of State Parks created in Section 79-4-201, or the Division of Forestry, Fire, and State Lands created in Section 65A-1-4. (b) “Person entitled to the use […]