45-181. Definitions In this article, unless the context otherwise requires: 1. " Beneficial use" includes but is not limited to use for domestic, municipal, recreation, wildlife, including fish, agricultural, mining, stockwatering and power purposes. 2. " Person" means any individual, partnership, association, public or private corporation, city or other municipality, county or state agency, a […]
45-182. Claim of right to withdraw, divert or use public waters; exception; administration by director of water resources A. Except as provided by subsections B and E of this section, all persons who before March 17, 1995 were using and claiming the right to withdraw or divert and make beneficial use of public waters of […]
45-183. Contents of statement of claim; filing procedure; fee A. The statement of claim for each water right shall include the following: 1. The name and mailing address of the person filing the claim. 2. The name of the watercourse or water source from which the right to divert or make use of water is […]
45-184. Waiver and relinquishment of water right Any person who is claiming the right to divert or withdraw public waters of the state based on state law and who fails to file a statement of claim as provided in this article shall have waived and relinquished any right, title or interest in that right.
45-185. Filing of claim not deemed adjudication of right; presumption; exemption A. The filing of a statement of claim under this article does not constitute an adjudication of any claim to the right to the use of waters as between the person and the state, or as between one or more persons asserting the water […]
45-186. Water rights claims registry All claims set forth pursuant to this article shall be filed in a water rights claims registry in such a manner as deemed appropriate by the director.
45-187. No rights acquired by adverse use or adverse possession No rights to the use of public waters of the state may be acquired by adverse use or adverse possession as between the person and the state, or as between one or more persons asserting the water right, but nothing contained herein shall be deemed […]
45-188. Future rights acquired through appropriation; rights within service area of agricultural or municipal provider A. Any person who is entitled to divert or withdraw public waters of the state through an appropriation and evidenced by a certificate of water right issued under article 5 of this chapter, a court decree, or previous possession or […]
45-189. Reversion of rights due to nonuse; notice; hearing; order; exception A. When it appears to the director that a person entitled to the use of water has not beneficially used all or a portion of the water right for a period of five or more consecutive years, and it appears that the right has […]
45-189.01. Water conservation plan notice; filing; exemption; duration A. Beginning on September 29, 2021, a person who is entitled to the use of water may file with the director a water conservation plan notice. A water conservation plan notice shall include the following: 1. The name and address of the person who is entitled to […]
45-190. Overstating claim; classification The filing of a statement of claim pursuant to this article which knowingly provides for an overstatement of a right either in quantities of water or times of use claimed constitutes a class 3 misdemeanor.
