Section 6 – Publication of notice of application — Corrections or amendments of applications — Withdrawal of application.
Effective 5/12/2015 73-3-6. Publication of notice of application — Corrections or amendments of applications — Withdrawal of application. (1) (a) When an application is filed in compliance with this title, the state engineer shall publish a notice of the application: (i) once a week for a period of two successive weeks in a newspaper of […]
Section 7 – Protests.
73-3-7. Protests. (1) Any person interested may file a protest with the state engineer: (a) within 20 days after the notice is published, if the adjudicative proceeding is informal; and (b) within 30 days after the notice is published, if the adjudicative proceeding is formal. (2) The state engineer shall consider the protest and shall […]
Section 8 – Approval or rejection of application — Requirements for approval — Application for specified period of time — Filing of royalty contract for removal of salt or minerals — Request for agency action.
Effective 5/4/2022 73-3-8. Approval or rejection of application — Requirements for approval — Application for specified period of time — Filing of royalty contract for removal of salt or minerals — Request for agency action. (1) (a) It shall be the duty of the state engineer to approve an application if there is reason to […]
Section 10 – Approval or rejection of application.
Effective 5/5/2021 73-3-10. Approval or rejection of application. (1) When the state engineer approves or rejects an application, the state engineer shall record the approval decision or rejection decision in the state engineer’s office. (2) On the same day on which the state engineer makes an approval decision or rejection decision described in Subsection (1), […]
Section 11 – Statement of financial ability of applicants.
73-3-11. Statement of financial ability of applicants. Before either approving or rejecting an application the state engineer may require such additional information as will enable him properly to guard the public interests, and may require a statement of the following facts: In case of an incorporated company, he may require the submission of the articles […]
Section 12 – Time limit on construction and application to beneficial use — Extensions — Procedures and criteria.
73-3-12. Time limit on construction and application to beneficial use — Extensions — Procedures and criteria. (1) As used in this section: (a) “Public water supplier” is as defined in Section 73-1-4. (b) “Wholesale electrical cooperative” is as defined in Section 54-2-1. (2) (a) Within the time set by the state engineer under Subsection 73-3-10(5), […]
Section 13 – Protests — Procedure.
73-3-13. Protests — Procedure. (1) Any other applicant, or any user of water from any river system or water source may file a request for agency action with the state engineer alleging that such work is not being diligently prosecuted to completion. (2) Upon receipt of the request for agency action, the state engineer shall […]
Section 14 – Judicial review of state engineer order.
73-3-14. Judicial review of state engineer order. (1) (a) A person aggrieved by an order of the state engineer may obtain judicial review in accordance with Title 63G, Chapter 4, Administrative Procedures Act, and this section. (b) Venue for judicial review of an informal adjudicative proceeding is in the county in which the water source […]
Section 1 – Appropriation — Manner of acquiring water rights.
73-3-1. Appropriation — Manner of acquiring water rights. (1) A person may acquire a right to the use of the unappropriated public waters in this state only as provided for in this title. (2) The appropriation of public waters in the state shall comply with the requirements of this title. (3) Except as provided in […]
Section 1.5 – Capture and storage of precipitation.
73-3-1.5. Capture and storage of precipitation. (1) As used in this section, “parcel” means an identifiable contiguous unit of property that is treated as separate for valuation or zoning purposes and includes an improvement on that unit of property. (2) Notwithstanding Section 73-3-2, a person may: (a) directly capture and store precipitation on a parcel […]