Title 73, Water and Irrigation

73-26-106. Participation of the federal government and other states. (1) The division may allow the federal government or the states of Idaho or Wyoming to participate in a project authorized under this chapter for the purpose of developing their water rights. (2) Any participati…

73-26-107. Development of hydropower generating works -- Power offered to public utilities or municipalities. (1) In association with a project authorized under this chapter, the division may: (a) construct and own hydroelectric generating works and incidental electrical faciliti…

73-26-201. Entities eligible to receive developed water -- Leasing developed water -- Use of developed water. (1) Water developed by projects authorized under this chapter, except water reserved for wildlife or public recreation, shall be made available by contract exclusively to…

73-26-202. Limits on amount of water available to any entity -- Exception. (1) Except as provided in Subsection (2), the total amount of water from projects authorized under this chapter that may be made available to any entity or area is limited as follows: (a) The Salt Lake Cou…

73-26-203. Time period for submission of offers to purchase or lease water -- Oversubscription of water -- Allocation procedure. (1) When a project authorized under this chapter is under development, the division shall establish a period of time during which the entities specifie…

73-26-301. Projects authorized. The division may develop the potential projects listed under Subsection 73-26-104(2) and associated works.

73-26-302. Construction contingent upon sale or lease of water -- Preconstruction may proceed if funded. (1) Except as provided in Subsection (3), the division may not expend money for construction costs on any phase of a project until: (a) contracts have been made for the sale o…

73-26-401. Powers of division. The division may: (1) enter into contracts and agreements for the development, operation, maintenance, repair, and replacement of projects authorized under this chapter; and (2)(a) set prices for the sale or lease of water made available by the proj…

73-26-402. Rulemaking power of the board. In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the board may make rules to: (1) determine water charges as provided in Section 73-26-506; (2) administer and operate the reservoirs and associated facilities co…

73-26-403. Immunity from suit -- Exception. Activities engaged in under authority of this chapter are governmental functions. The state and its officers and employees are immune from suit for any injury or damage resulting from those activities, except as provided in Section 63G-…

73-26-404. Eminent domain. In order to construct the reservoirs and other facilities authorized under this chapter, the division may exercise eminent domain as provided in Title 78B, Chapter 6, Part 5, Eminent Domain.

73-26-502. Analysis of benefits and costs -- Allocation of costs. The division shall: (1) identify the uses and calculate the economic benefits and costs of the developed water; and (2) allocate project costs according to the following purposes: (a) municipal and industrial; (b) …

73-26-503. Payment of project costs. (1) Construction and environmental mitigation costs allocated to municipal or industrial uses shall be entirely repaid by the entities contracting for water designated for those uses. (2) Twenty-five percent of construction and environmental m…

73-26-504. Agreement for delivery -- Period for repayment of construction and environmental mitigation costs. (1) The division and the contracting entity shall, by contractual agreement, establish when and in what amount water developed by the project will be delivered to the con…

73-26-505. Interest. Interest on the unpaid balance of reimbursable construction and environmental mitigation costs shall be charged at a rate set by the board.

73-26-506. Water charges. The division shall set prices for the sale or lease of developed water sufficient to: (1) recover the reimbursable construction and environmental mitigation costs within the time period specified in Section 73-26-504 and pay for the interest on those cos…

73-26-507. Repayments returned to Water Resources Conservation and Development Fund -- Deposit of remaining revenue -- Division of Finance authorized to establish accounts. (1) Repayments of construction and environmental mitigation costs, the interest charged, and excess hydropo…