73-3-30.5. Standardized leasing of water described in instream flow provisions.
(1) As used in this section: "Concurring partner" means: a division, as defined in Section; or 73-3-30 the executive director of the Colorado River Authority of Utah, appointed under Section 73-35-401. "Land in agricultural use" means the same as that term is defined in Section. 59-2-502 "Person entitled to the use of water" means the same as that term is defined in Section. 73-3-3 "Split season use" means making sequential use of a portion of a water right in the same calendar year.
(2) The state engineer: shall prioritize the processing of an application if the conditions of Subsectionsandare met; and (3) (4) may adjust the prioritization described in Subsectionas necessary to address: (2)(a) a protest to the application; or unusual conditions that make the initial prioritization infeasible.
(3) To qualify for prioritization under this section, a lease: may only lease water: for a beneficial use described in Section; 73-3-30 on a water right where the point of diversion is a surface source within an established distribution system served by a water commissioner appointed by the state engineer under Section; and 73-5-1 when the approved used for the underlying water right is for an irrigation, industrial, or municipal purpose; may include a lease of water based on split season use; and may not include a lease of water diverted from an underground source of water.
(4) A person entitled to the use of water who files an application that complies with this section shall: file the application by no later than December 1 for a lease agreement intended to commence on or after April 1 in the following year; describe in the application the concurrence of the applicable concurring partner; for an application that includes a split season use on land in agricultural use, identify a single period during the water right period of use, of at least four consecutive weeks, that will be the basis for the split season use; and confirm that the application based on a lease of water meets the conditions of Subsectionand this Subsection. (3) (4)