73-3-30.3. Dedicated water application.
(1) As used in this section: "Agricultural land" means land in agricultural use, as defined in Section. 59-2-502 "Dedicated water" means water that has been recognized for delivery or use under Sectionand a dedicated water application. 73-3-30 "Dedicated water application" means an application to change the existing nature of use and place of use for a water right by adding a nature of use for: an instream flow within a specified reach of a natural or altered stream; use on sovereign lands; or a project to deliver water to a reservoir located partially or entirely within the Colorado River System in the state in accordance with this section. "Split season use" means making sequential use of a portion of a water right in the same calendar year.
(2) A dedicated water application may: be filed for: a fixed period of time; or an indefinite period of time; and include a split season use.
(3) Approval of a dedicated water application does not: change an existing element of the underlying water right; extend the time for filing proof or taking other required action associated with the underlying water right; or require the applicant to make dedicated water available for use in a given year or in a specific quantity or volume.
(4) The state engineer shall process a dedicated water application in accordance with Sectionsand. 73-3-3 73-3-8 The state engineer shall prioritize the processing of a dedicated water application. The state engineer may deny a dedicated water application if the state engineer determines that the dedicated water application would result in land being removed from agricultural land for a full irrigation season in more than two years out of a five-year period on the same agricultural field.
(5) The state engineer may require an owner of an approved dedicated water application under this section to provide: annual notice of intent to exercise the dedicated water application; information about the annual volume of water to be dedicated by the owner from the underlying water right; and other information the state engineer considers necessary to: ensure the dedication of water is taking place; establish that the owner still has a legal interest in the underlying water right used as the basis for the dedication of water; or determine the quantity of water being dedicated.
(6) An approved dedicated water application lapses: automatically on the date the underlying water right that is the basis of the dedicated application: lapses; is withdrawn; or is declared forfeited or abandoned; or upon notice from the state engineer if: the applicant no longer holds a legal interest in the underlying water right that is the basis of the dedicated water application; the delivery of dedicated water can no longer be carried out as stated in the dedicated water application; the applicant has not complied with the conditions established by the state engineer in the order approving the dedicated water application; or the applicant fails to provide the information requested by the state engineer under Subsection. (5)