Title 73, Title 73: Water and Irrigation

73-3b-106. Water right for recharged water -- Change of use of recovered water. (1) A person proposing to artificially recharge water into an aquifer must have: a valid water right for the water proposed to be recharged; or an agreement to use the water proposed to be recharged w…

73-3b-107. Recoverable water -- State engineer to determine. A person who holds a recovery permit may recover the amount of water stored by the recharge project which the state engineer determines has reached the aquifer and remains within the hydrologic area of influence.

73-3b-201. Application for a recharge permit -- Required information -- Filing fee. (1) The application for obtaining a recharge permit shall include the following information: the name and mailing address of the applicant; the name of the groundwater basin or groundwater sub-bas…

73-3b-202. Issuance of recharge permit -- Criteria -- Conditions. The state engineer: (1) shall issue a recharge permit if: the applicant has: the technical and financial capability to construct and operate the recharge project; and a valid water right for the use of the water pr…

73-3b-203. Proof of completion, certification, or lapse of recharge permit. (1) Sixty days before the date on which the recharge permit will lapse under Subsection, the state engineer shall notify the applicant by mail, or send notice electronically if receipt is verifiable, when…

73-3b-204. Application for a recovery permit -- Required information. (1) A person may file a recovery permit application with a recharge permit application. (2) The application for obtaining a recovery permit shall include the following information: the name and mailing address …

73-3b-205. Issuance of recovery permit -- Criteria -- Conditions. The state engineer: (1) shall issue the recovery permit if the state engineer determines that: the proposed recovery of artificially recharged water will not impair any existing water right; the applicant is the ho…

73-3b-206. Proof of completion, certification, or lapse of recovery permit. (1) Sixty days before the date on which the recovery permit will lapse under Subsection, the state engineer shall notify the applicant by mail, or send notice electronically if receipt is verifiable, when…

73-3b-207. Assignment of permits. (1) A person who holds a recharge or recovery permit may not assign a permit to another person without the written approval of the state engineer. (2) The state engineer must approve an assignment if the proposed assignee meets the requirements o…

73-3b-208. Proposed new well -- Compliance with water well construction rules. An applicant for a recharge permit or recovery permit who intends to construct a new well to recharge or recover artificially recharged water must comply with Sectionsand, and rules adopted under those…

73-3b-301. Storage account -- Monitoring and reporting required. (1) The state engineer shall establish a storage account for each groundwater recharge and recovery project for which a permit has been issued. (2) In accordance with specifications of the state engineer, any person…

73-3b-302. Fee. (1) The state engineer shall assess an annual fee, in accordance with Section, on each person who holds a groundwater recharge or recovery permit. 63J-1-504 (2) The fee shall reflect the division's costs to administer and monitor groundwater recharge and recovery …

73-3b-303. Modification of recharge or recovery permits. (1) The state engineer, on the state engineer's own initiative or at the request of any person holding a recharge or recovery permit, may modify the conditions of the respective permit, if the state engineer finds that modi…

73-3b-401. Revocation or suspension of recharge and recovery permits. The state engineer may: (1) periodically review a project to determine if the person who holds the recharge or recovery permit is complying with the conditions of the permit; and (2) permanently revoke or tempo…

73-3b-402. Penalty. (1) A person who violates Sectionis subject to a civil penalty in an amount not to exceed $10,000 per day. 73-3b-103 (2) An action to recover damages under this section shall be brought by the state engineer in the district court in the county in which the vio…