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 […]
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 […]
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), […]
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 […]
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), […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
73-3-19. Right of entry on private property — By applicant — Bond — Priority. Whenever any applicant for the use of water from any stream or water source must necessarily enter upon private property in order to make a survey to secure the required information for making a water filing and is refused by the […]
73-3-2. Application for right to use unappropriated public water — Necessity — Form — Contents — Validation of prior applications by state or United States or officer or agency thereof. (1) (a) In order to acquire the right to use any unappropriated public water in this state, any person who is a citizen of the […]
73-3-20. Right to divert appropriated waters into natural streams — Requirements — Storage in reservoir — Information required by state engineer — Lapse of application. (1) Upon application in writing and approval of the state engineer, any appropriated water may, for the purpose of preventing waste and facilitating distribution, be turned from the channel of […]
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
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 […]
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 […]
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 […]
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” […]
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) […]
