Title 73, Title 73: Water and Irrigation

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…

73-3c-102. Definitions. As used in this chapter: (1) "Director" means the director of the Division of Water Quality appointed under Section. 19-5-106 (2) "Domestic wastewater" or "sewage" means: a combination of the liquid or water-carried wastes from: structures with installed p…

73-3c-103. Water reuse projects and the Great Salt Lake -- Exception. (1) Except as provided in Subsectionand notwithstanding the other provisions of this chapter, the director and the state engineer may not approve a water reuse project if the water related to the water reuse pr…

73-3c-201. Reuse by a public agency owning underlying water right. (1) A public agency owning or operating a POTW that treats domestic wastewater consisting of water supplied under a water right the public agency owns may use, or contract for the use of, reuse water if: the water…

73-3c-202. Reuse by a public agency under a contract authorizing the use of water. (1) A public agency may use or contract for the use of reuse water if: the domestic wastewater consists of water for which the public agency has a reuse authorization contract; the water right is a…

73-3c-301. Application to the director. (1) A public agency proposing a water reuse project shall apply to the director. Before applying for approval by the director of a water reuse project, the public agency shall obtain conditional approval of the water reuse project by the st…

73-3c-302. Application to the state engineer. (1) A public agency proposing a water reuse project shall apply to the state engineer. The state engineer's approval of a water reuse project application filed under this section is conditioned on the approval of the director under Se…

73-3c-303. Inflow of unappropriated water -- Application to appropriate. If domestic wastewater inflow to a POTW consists of any unappropriated infiltration water, a person may apply to the state engineer to appropriate the unappropriated infiltration water to a beneficial use in…

73-3c-304. Change in point of discharge. (1) The point of discharge of water from a POTW may be changed if the director determines that a change is necessary: for treatment purposes; to enhance environmental quality; to protect public health, safety, or welfare; or to comply with…

73-3c-401. Priority of reuse water. If the use of reuse water is consistent with the underlying water right, the priority of the reuse water is the same as the priority of the underlying water right.

73-3d-101. Definitions. As used in this chapter: (1) "Electric utility" means: a municipal electric utility, as defined in Section; 10-19-102 an electric interlocal entity, as defined in Section; 11-13-103 an energy services interlocal entity, as defined in Section; 11-13-103 a p…

73-3d-102. Scope of chapter. (1) The powers vested in the governor under this chapter are in addition to, and not in lieu of, any other emergency powers otherwise statutorily vested in the governor, including the power of the governor to authorize the use of water sources as nece…

73-3d-201. Declaration of a temporary water shortage emergency by the governor. (1) Subject to the requirements of this section, the governor may declare a temporary water shortage emergency by issuing an executive order if, on the governor's own initiative or at the request of a…

73-3d-202. Existing agencies to be used in implementation. The governor shall use, to the extent practicable, existing state boards, commissions, or agencies, or officers or employees for the purpose of carrying out this chapter.

73-3d-301. Preferences between persons using water. (1) Notwithstanding Section, if the governor issues an executive order declaring a temporary water shortage emergency under this chapter: 73-3-21.1 use of water is preferred over other water use during the time period of the tem…

73-3d-302. Emergency planning by a person requesting the declaration of a temporary water shortage emergency. A person entitled to make a request seeking a preference under Sectionby requesting that the governor declare a temporary water shortage emergency may exercise a preferen…

73-3d-401. Definitions. As used in this part: (1) "Arbitration" means a private hearing before a neutral or panel of neutrals from the department who hear the evidence, consider the contentions of the parties, and enters a written award to resolve the issues presented. (2) "Commi…

73-3d-402. Payment of compensation. (1) A preferential user shall pay an interrupted user an amount equal to the total of the following: the reasonable value of the water interrupted by the preferential use; applicable crop losses; other consequential damages incurred as a result…

73-3d-403. Security requirements. (1) As a condition of participating in mediation or arbitration under Section, a person specified in the executive order declaring a temporary water shortage emergency shall post with the department a corporate surety bond, irrevocable letter of …

73-4-1. Action for a general adjudication of water rights -- Requirements for state engineer to file -- Adjudication area divisions. (1) Five or more, or a majority of, water users of a water source may submit a signed, verified petition to the state engineer requesting an invest…

73-4-10. Amendment of pleadings -- Extensions of time. (1) The court shall have power to allow amendments to any petition, statement of claim, or pleading and to extend, upon due cause shown, the time for filing any other pleading, statement of claim, report, or objection. (2) If…

73-4-11. Proposed determination by engineer to court -- Hydrographic survey map -- Notice -- Public meeting. (1) After full consideration of the statements of claims, records, and files, and after an examination of the river system or water source involved, the state engineer sha…

73-4-12. Judgment -- In absence of contest. (1) If no contest on the part of any claimant shall have been filed, the court shall render a judgment in accordance with such proposed determination, which shall: determine and establish the rights to the use of the water of said river…

73-4-13. In case of contest -- Notice of hearing. If any contest or objection on the part of any claimant shall have been filed, as in this chapter provided, the court shall give not less than 15 days' notice to all claimants, stating when and where the matter will be heard.

73-4-14. Pleadings -- Expert assistance for court. (1) The statements of claim shall stand in the place of pleadings, and issues may be made thereon. (2) Whenever requested so to do the state engineer shall furnish the court with any information which the state engineer may posse…

73-4-15. Judgment after hearing. Upon the completion of the hearing, after objections filed, the court shall enter judgment that shall determine and establish the rights to the use of the water of the river system or water source as provided in Section.

73-4-16. Appeals. (1) There is a right of appeal from a final judgment of the district court to the Supreme Court as provided in Section. 78A-3-102 (2) There is a right of appeal to the Supreme Court from a district court order, judgment, or decree that resolves an objection file…

73-4-17. Certified copy of final judgment -- Filing. Within 30 days after the entry of final judgment of the district court, or if an appeal is taken from a district court judgment, within 30 days after the final judgment on remittitur is entered, it shall be the duty of the cler…

73-4-18. General determination in court's discretion -- State to be made a party. Whenever any civil action is commenced in the district court involving fewer than 10 water claimants or less than the major part of the rights to the use of water from any river system, lake, underg…

73-4-19. Redetermination -- Bond of applicant. Wherever a general determination of water rights upon any river system or water source has been made by the district court, any claimant to the use of water from such river system or water source seeking a redetermination of water ri…

73-4-2. Interstate streams. For the purpose of co-operating with the state engineers of adjoining states in the determination and administration of rights to interstate waters and for such other purposes as the state engineer may deem expedient, the state engineer, with the appro…

73-4-20. Revolving fund -- Money expended not assessable against water users -- Transfer of unexpended money to adjudication fund -- Payment of costs of determinations -- Money expended from adjudication fund not assessable against water users -- Surplus to remain in adjudication…

73-4-21. Duty to update address and ownership -- Duty to follow court proceedings -- Additional notice. (1) After the service of summons in the manner prescribed by Section, it shall be the duty of every person served individually or by publication to: 73-4-4 record any change in…

73-4-22. State engineer's duty to search records for and serve summons on claimants -- Filing of affidavit -- Publication of summons -- Binding on unknown claimants. (1) The state engineer, throughout the pendency of proceedings, shall serve summons in the manner prescribed by Se…

73-4-23. Effective date of amendatory act -- Application to pending suits -- State engineer's certificate. This act shall be effective 60 days from its enactment and shall apply to all suits now pending under Title 73, Chapter 4, Determination of Water Rights, Utah Code Annotated…

73-4-24. Petition for expedited hearing of objection -- Petition for limited determination. (1) A claimant to the use of water may petition the court to expedite the hearing of a valid, timely objection to a report and proposed determination prepared in accordance with Sectionin …

73-4-3. Notice and procedure for general adjudication of water rights -- Statements of claim -- Incomplete records. (1) Upon the filing of any action by the state engineer as provided in Section, or by any person claiming the right to use the waters of any river system, lake, und…