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 […]
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 5.5 – Temporary applications to appropriate water — Approval by engineer — Expiration — Proof of appropriation not required.
73-3-5.5. Temporary applications to appropriate water — Approval by engineer — Expiration — Proof of appropriation not required. (1) The state engineer may issue temporary applications to appropriate water for beneficial purposes. (2) The provisions of this chapter governing regular applications to appropriate water shall apply to temporary applications with the following exceptions: (a) (i) […]
Section 5.6 – Applications to appropriate or permanently change a small amount of water — Proof of appropriation or change.
Effective 5/4/2022 73-3-5.6. Applications to appropriate or permanently change a small amount of water — Proof of appropriation or change. (1) As used in this section: (a) “Application” means an application to: (i) appropriate a small amount of water; or (ii) permanently change a small amount of water. (b) “Livestock water right” means a right […]