73-1-1. Waters declared property of public. (1) All waters in this state, whether above or under the ground, are hereby declared to be the property of the public, subject to all existing rights to the use thereof. (2) The declaration of public ownership of water in Subsection (1) does not create or recognize an easement […]
73-1-10. Conveyance of water rights — Deed — Exceptions — Filing and recording of deed — Report of water right conveyance. (1) (a) A water right, whether evidenced by a decree, a certificate of appropriation, a diligence claim to the use of surface or underground water, or a water user’s claim filed in general determination […]
73-1-11. Appurtenant water rights pass to grantee of land — Exceptions — Conveyance of a portion of irrigated land — Right to the use of water evidenced by shares of stock — Appurtenant water rights — Evidence — Where appurtenant — Partial conveyances of water and land. (1) (a) A water right appurtenant to land […]
73-1-12. Failure to record — Effect. Every deed of a water right which shall not be recorded as provided in this title shall be void as against any subsequent purchaser, in good faith and for a valuable consideration, of the same water right, or any portion thereof, where his own deed shall be first duly […]
73-1-13. Corporations — One water company may own stock in another. Any irrigation or reservoir company incorporated and existing under the laws of this state may purchase or subscribe for the capital stock of any other similar corporation which at the time of such purchase or subscription shall be or is about to be incorporated; […]
Effective 5/4/2022 73-1-14. Acts against water facilities or interfering with apportioning official — Penalty and liability. (1) As used in this section: (a) “Connection to a water facility” includes: (i) to introduce water or another substance into or take water from a water facility through a pipeline, flume, ditch, canal, trench, holding pond, or water […]
Effective 5/12/2020 73-1-15. Obstructing or change of water facilities — Penalties. (1) (a) When a person has a right-of-way of an established type or title for a water facility, as defined in Section 73-1-14, it is unlawful for a person to place or maintain in place any obstruction, or change of the water flow by […]
Effective 5/8/2018 73-1-15.5. Relocation of easements for a water conveyance facility — Alteration of a water conveyance facility. (1) As used in this section: (a) “Facility owner” means an individual, entity, mutual water company, or unincorporated organization: (i) operating a water conveyance facility; (ii) owning any interest in a water conveyance facility; or (iii) having […]
Effective 7/1/2021 73-1-16. Petition for hearing to determine validity — Notice — Service — Pleading — Costs — Review. Where any water users’ association, irrigation company, canal company, ditch company, reservoir company, or other corporation of like character or purpose, organized under the laws of this state has entered into or proposes to enter into […]
73-1-17. Borrowing from federal government authorized. That irrigation companies, drainage districts, and irrigation districts heretofore organized under the laws of the state of Utah be and they are hereby authorized and empowered to borrow money from the Reconstruction Finance Corporation, organized pursuant to an Act of Congress of the United States, or from any other […]
73-1-18. Bonds issued — Interest — Lien. The money so borrowed shall be evidenced by the bond or bonds or other obligations of the irrigation companies, drainage districts, or irrigation districts borrowing the same and shall constitute and be secured by a first lien on the water rights, canal rights and all assets of the […]
73-1-19. State, agency, county, city or town — Authority of — To procure stock of irrigation or pipeline company — To bring its land within conservation or conservancy district. The state of Utah, or any department, board or agency thereof, and any county, city, or town, owning or having control of land or improvements thereon […]
73-1-2. Unit of measurement — Of flow — Of volume. The standard unit of measurement of the flow of water shall be the discharge of one cubic foot per second of time, which shall be known as a second-foot; and the standard unit of measurement of the volume of water shall be the acre-foot, being […]
Effective 5/4/2022 73-1-21. State water policy. (1) It is the policy of the state that: (a) Utah shall pursue adequate, reliable, affordable, sustainable, and clean water resources, recognizing that Utah is one of the most arid states in the nation and as such, there is, and will continue to be, a need to ensure Utah’s […]
73-1-3. Beneficial use basis of right to use. Beneficial use shall be the basis, the measure and the limit of all rights to the use of water in this state. No Change Since 1953
Affected by 63I-1-273 on 12/31/2030 Effective 5/12/2020 73-1-4. Reversion to the public by abandonment or forfeiture for nonuse within seven years — Nonuse application. (1) As used in this section: (a) “Public entity” means: (i) the United States; (ii) an agency of the United States; (iii) the state; (iv) a state agency; (v) a political […]
Effective 5/9/2017 73-1-4.5. Authorization for water companies to allocate water rights lost by forfeiture or nonuse — Redemption and retirement of water shares. (1) (a) If a water right, to which a water company holds title, ceases or is lost due to forfeiture or abandonment for lack of beneficial use, in whole or in part, […]
73-1-5. Use of water a public use. The use of water for beneficial purposes, as provided in this title, is hereby declared to be a public use. No Change Since 1953
73-1-6. Eminent domain — Purposes. Any person shall have a right of way across and upon public, private and corporate lands, or other rights of way, for the construction, maintenance, repair and use of all necessary reservoirs, dams, water gates, canals, ditches, flumes, tunnels, pipelines and areas for setting up pumps and pumping machinery or […]
73-1-7. Enlargement for joint use of ditch. (1) When a person with no existing shareholder or contractual rights in the canal or ditch described in this Subsection (1) desires to convey water for irrigation or any other beneficial purpose and there is a canal or ditch already constructed that can be used or enlarged to […]
