73-3-30. Application for an instream flow or use on sovereign lands -- Application for delivery to a reservoir.
(1) As used in this section: "Colorado River System" means the same as that term is defined in Sectionsand. 73-12a-2 73-13-10 "Dedicated water application" means the same as that term is defined in Section. 73-3-30.3 "Division" means: the Division of Wildlife Resources created in Section; 23A-2-201 the Division of State Parks created in Section; or 79-4-201 the Division of Forestry, Fire, and State Lands created in Section. 65A-1-4 "Person entitled to the use of water" means the same as that term is defined in Section. 73-3-3 "Sovereign lands" means the same as that term is defined in Section. 65A-1-1 "Wildlife" means the same as that term is defined in Section. 23A-1-101
(2) In accordance with Section, for a purpose described in Subsection: 73-3-3 (2)(b) a division may file a permanent change application, a fixed time change application, a temporary change application, or a dedicated water application; or a person entitled to the use of water may file a fixed time change application, a temporary change application, or a dedicated water application. A division or person entitled to the use of water may file an application described in Subsectionto provide water within the state for: (2)(a) an instream flow within a specified section of a natural or altered stream; or use on sovereign lands. The state engineer may not approve an application filed under this Subsectionunless the proposed instream flow or use on sovereign lands will contribute to: (2) the propagation or maintenance of wildlife; the management of a state park; or the reasonable preservation or enhancement of the natural aquatic environment. A division may file an application described in Subsectionon: (2)(a)(i) a water right: presently owned by the division; purchased by the division for the purpose of providing water for an instream flow or use on sovereign lands, through funding provided for that purpose by legislative appropriation; or secured by lease, agreement, gift, exchange, or contribution; or an appurtenant water right acquired with the acquisition of real property by the division. A division may: purchase a water right for the purposes described in Subsection (2)(b) only with money specifically appropriated by the Legislature for water rights purchases; or accept a donated water right without legislative approval. A division may not acquire water rights by eminent domain for an instream flow, use on sovereign lands, or for any other purpose.
(3) Before filing an application described by Subsection, a person entitled to the use of water shall obtain a division director's written concurrence with the application. (2)(a)(ii) By concurring with a proposed application filed under Subsection, a division director attests that the water that is the subject of the application can be used consistent with the statutory mandates of the director's division. (2)(a)(ii)
(4) In accordance with Section, a person entitled to the use of water may file a fixed time change application, a temporary change application, or a dedicated water application for a project to deliver water to a reservoir located partially or entirely within the Colorado River System in the state in accordance with: 73-3-3 Colorado River Drought Contingency Plan Authorization Act, Public Law 116-14; a water conservation program funded by the Bureau of Reclamation; or a water conservation program authorized by the state. Before filing an application under this Subsection, a person entitled to the use of water shall obtain the written concurrence to the application from the executive director of the Colorado River Authority of Utah, appointed under Section. (4) 73-35-401 By concurring with a proposed application, the executive director of the Colorado River Authority of Utah attests that the water that is the subject of the application can be used consistent with this section.
(5) In addition to the requirements of Section, an application authorized by this section shall include: 73-3-3 a legal description of: the segment of the natural or altered stream that will be the place of use for an instream flow; the location where the water will be used on sovereign lands; or the reservoir located partially or entirely within the Colorado River System in the state that the water will be delivered to; and appropriate studies, reports, or other information required by the state engineer demonstrating: the projected benefit to the public resulting from the application; and the necessity for the proposed instream flow or use on sovereign lands.
(6) A person may not appropriate unappropriated water under Sectionfor the purpose of providing an instream flow or use on sovereign lands. 73-3-2
(7) Water used in accordance with this section is considered to be beneficially used, as required by Section. 73-3-1
(8) A physical structure or physical diversion from the stream is not required to implement an application under this section.
(9) An approved application described in this section does not create a right of access across private property or allow any infringement of a private property right.
(10) Notwithstanding the other provisions of this section, if the diversion point under a proposed permanent, fixed time, or temporary change application or proposed dedicated water application is located within the lower basin, as defined in Section: 73-12a-2 a person entitled to the use of water, other than a division, may not file the change application or dedicated water application under this section; and a division may not file the change application or dedicated water application under Subsection. (4)