Title 73, Title 73: Water and Irrigation

73-2-1.5. Procedures -- Adjudicative proceedings. Except as provided in Sectionsand, the state engineer and the Division of Water Rights shall comply with the procedures and requirements of, in their adjudicative proceedings.

73-2-1.6. Water Rights Restricted Account. (1) As used in this section: "Account" means the Water Rights Restricted Account created by this section. "Division" means the Division of Water Rights. (2) There is created in the General Fund a restricted account known as the "Water Ri…

73-2-10. Knowledge of waterways and irrigation -- Suggestions as to amendment or enactment of laws. The state engineer shall become conversant with the waterways of the state and its needs as to irrigation matters; and the state engineer shall make such suggestions as to the amen…

73-2-11. Records -- Certified copies -- Evidence. (1) The state engineer shall keep on file in the state engineer's office a full and proper record, in physical or electronic form, of the state engineer's work, including the following made or collected by the state engineer: a fi…

73-2-12. Seal. The state engineer shall have a seal which the state engineer shall affix to all certificates issued from the state engineer's office, and the state engineer shall file a description and an impression of the same with the Division of Archives.

73-2-13. Attorney general and county attorneys to counsel. In all matters requiring legal advice in the performance of the state engineer's duties and the prosecution or defense of any action growing out of the performance of the state engineer's duties, the attorney general or c…

73-2-14. Fees of state engineer -- Deposited as a dedicated credit. (1) The state engineer shall charge fees pursuant to Sectionfor the following: 63J-1-504 applications to appropriate water; applications to temporarily appropriate water; applications for a change; applications f…

73-2-15. Agreements with federal and state agencies -- Investigations, surveys or adjudications. The state engineer, for and on behalf of the state of Utah, with the approval of the executive director of natural resources and the governor, is authorized to enter into agreements w…

73-2-16. Arbitration -- Confirmation by district court. The state engineer is authorized to conduct informal proceedings for the arbitration or settlement of disputes over water or the distribution thereof; provided all persons having an interest in the water in controversy shall…

73-2-17. Authorization of cooperative investigations of groundwater resources. The state engineer, for and on behalf of the state of Utah, with the approval of the executive director and the governor, is authorized and directed to enter into an agreement with the United States ge…

73-2-2. Oath. (1) Before entering upon the duties of the office, the state engineer shall take and subscribe the constitutional oath of office. (2) The state engineer shall file the oath with the Division of Archives.

73-2-20. Employees authorized to enter and cross lands -- Injuring monuments a crime. (1) In order to carry out the purposes of this title any person properly employed hereunder is authorized to enter and cross all lands within the state if no damage is done to private property. …

73-2-22. Emergency flood powers -- Action to enforce orders -- Access rights to private and public property -- Injunctive relief against state engineer's decisions -- Judicial review provisions not applicable. (1) Whenever the state engineer, with approval of the chair of the Eme…

73-2-23. Emergency powers of state engineer -- Multi-county flood mitigation activities -- Termination of assistance. (1) In addition to the emergency powers under Section, the state engineer shall assist counties in emergency flood mitigation on intercounty waterways when all th…

73-2-23.1. Assistance of state engineer in management of flood waters. In addition to the state engineer's other flood management authority under Sectionsand, the state engineer may assist in the management of flood waters pursuant to court judgments and decrees.

73-2-25. State engineer enforcement powers. (1) For purposes of this section, "initial order" means one of the following issued by the state engineer: a notice of violation; or a cease and desist order. (2) Except as provided in Subsection, the state engineer may commence an enfo…

73-2-26. Administrative penalties. (1) As part of a final order issued under Section, the state engineer may order that a person to whom an order is issued: 73-2-25 pay an administrative fine not to exceed: $5,000 for each knowing violation; or $1,000 for each violation that is n…

73-2-27. Criminal penalties. (1) This section applies to offenses committed under: Section; 73-1-14 Section; 73-1-15 Section; 73-2-20 Section; 73-3-3 Section; 73-3-26 Section; 73-3-29 Section; 73-5-9 Section; 76-9-1202 Section; and 76-9-1203 Section. 76-9-1204 (2) Under circumsta…

73-2-28. Costs and fees in civil actions. The prevailing party in a civil action is entitled to collect reasonable costs and attorney fees, if that action is brought: (1) under Section; 73-1-14 (2) under Section; 73-1-15 (3) for injuries caused by a diversion of water for which n…

73-2-29. Agreement with another state -- Regulation, distribution, and administration of interstate water. (1) The state engineer, after receiving approval from the executive director of the Department of Natural Resources and the governor, may enter into an agreement with anothe…

73-2-30. Per capita consumptive use. The Division of Water Rights shall comply with Section.

73-2-4. Deputies and assistants -- Employment and salaries -- Purchase of equipment and supplies. For the purpose of performing the duties of the state engineer's office the state engineer may: (1) employ one or more deputies and necessary assistants; (2) fix division employees' …

73-2-5. Aid to district court. In aid of the district court the state engineer shall have power to collect facts and make surveys and do all other necessary things, the cost of which shall be paid by the state upon presentation to the director of the Division of Finance of monthl…

73-2-7. Aid to federal court. The state engineer, when requested by the district court of the United States for the district of Utah, may assist said court in any matter relating to the distribution and use of any of the waters of the state, and may when so requested cooperate wi…