Title 73, Title 73: Water and Irrigation

73-22-6. Information required concerning resource development -- Confidentiality -- Regulation of wells -- Surety bonds -- Inspection. (1) The division may require a person to: identify the location and ownership of a well or producing geothermal lease; file with the division a n…

73-22-7. Cooperative or unit operation of geothermal area -- Order -- Plan of operation -- Approval of owners -- Amendment. (1) The agency or any affected person may commence an adjudicative proceeding to consider the need for cooperative or unit operation of a geothermal area. (…

73-22-8. Geothermal fluids as water resource -- Application for appropriation required -- Priorities. (1) Geothermal fluids are deemed to be a special kind of underground water resource, related to and potentially affecting other water resources of the state. The utilization or d…

73-22-9. Rights to geothermal resources. Rights to geothermal resources and to geothermal fluids to be extracted in the course of production of geothermal resources acquired under Sectionshall be based on the principle of correlative rights.

73-23-1. Legislative findings. (1) The Legislature finds that the level of the Great Salt Lake has risen sharply in recent years due to extreme weather conditions. The high level of the lake has caused extraordinary flooding conditions resulting in substantial damage to public an…

73-23-2. Appropriation -- Projects authorized. (1) There is appropriated from the Water Resources Conservation and Development Fund $30,000,000 to the following agencies for fiscal year 1985-86 to pay all or any portion of any of the following projects, including but not limited …

73-23-3. Duties and powers of Division of Water Resources. For purposes of this chapter, the Division of Water Resources: (1) shall provide for the construction, operation, and maintenance of the West Desert Pumping Project; (2) may enter into agreements as necessary to provide f…

73-23-4. Legislative findings. (1) The Legislature finds that the West Desert Pumping Project was implemented as an emergency flood control project. The project was undertaken, specifically, to protect critical public facilities and, more generally, to abate an imminent threat to…

73-23-5. Interim committee study responsibilities of Division of Water Resources. The Division of Water Resources shall: (1) evaluate the first year's operation of the West Desert Pumping Project; (2) define the operational range and limitations of the West Desert Pumping Project…

73-23-6. Use of certain remaining construction funds. The division may use up to $25,000 of the remaining West Desert Pumping Project construction funds to conduct the activities specified in Section.

73-26-102. Findings. (1) The Legislature finds that: the Board of Water Resources has significant filings for water of the Bear River that could be developed; the continued growth and prosperity of communities in the Bear River Basin and the Wasatch Front will be enhanced by the …

73-26-103. Definitions. As used in this chapter: (1) "Board" means the Board of Water Resources. (2) "Construction costs" means all costs related to the development of a project, except the costs of environmental mitigation. Construction costs include: planning; engineering and l…

73-26-104. Bear River development projects. (1) The division shall: develop the surface waters of the Bear River and its tributaries through the planning and construction of reservoirs and associated facilities as authorized and funded by the Legislature; own and operate the faci…

73-26-105. Transmission and treatment facilities. Entities purchasing developed water shall develop any facilities necessary for the transmission or treatment of the water.

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: construct and own hydroelectric generating works and incidental electrical facilities f…

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, 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: (2) The Salt Lake County …

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 Subsectionand associated works.

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

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) set prices for the sale or lease of water made available by the project…

73-26-402. Rulemaking power of the board. In accordance with, 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 constructed in accordance with Section; 73-26-301 (3) estab…

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.

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.

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: municipal and industrial; agricult…

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 Sectionand pay for the interest on those costs; 73-26-5…

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…

73-27-102. Legislative Water Development Commission created. (1) The Legislative Water Development Commission is created to determine the state's role in the protection, conservation, and development of the state's water resources. For purposes of this chapter, "commission" means…

73-27-103. Duties and powers of commission. (1) The commission shall consider and make recommendations to the Legislature and governor on the following issues: how the water needs of the state's growing agricultural, municipal, and industrial sectors will be met; what the impact …

73-28-102. Scope. Nothing in this chapter may be construed to prevent any person, subject to other provisions of law, from developing the waters of the Colorado River.

73-28-103. Definitions. As used in this chapter: (1) "Board" means the Board of Water Resources. (2) "Committee" means the Project Management Committee created in Section. 73-28-105 (3) "Construction costs" means all costs related to the construction of the project, including the…

73-28-104. Powers of the board. (1) The board may contract with: a district for the sale of developed water; a qualified entity for the development or construction of the project; or a district or other qualified entity for the operation, maintenance, repair, or replacement of th…

73-28-105. Project Management Committee created. (1) There is created a Project Management Committee within the division. (2) The committee shall be comprised of one representative appointed by: the division director; the board; and each of the participating districts. The divisi…

73-28-201. Lake Powell Pipeline project. (1) The board shall: construct the project as funded by the Legislature; own, operate, and maintain the project until the title is transferred under Section; and 73-28-405 consult with the committee on a regular basis concerning the develo…

73-28-202. Construction contingent upon sale of water. (1) Except as provided in Subsection, the board may not expend money for construction costs for any phase of the project until: (3) the board has contracted with the districts for the sale of at least 70% of the water develop…

73-28-203. Development of hydroelectric generating works -- Electricity offered to public utilities or municipalities. (1) The board may construct and own hydroelectric generating works and incidental electrical facilities in association with the project. (2) Except for electrici…

73-28-301. Entities eligible to receive developed water. (1) Except for developed water reserved for wildlife or public recreation, the board shall make the developed water available by contract exclusively to the districts listed in Subsection. 73-28-103(5) (2) A district that p…

73-28-302. Limits on amount of water available to any district -- Exception. (1) Except as provided in Subsection, the total amount of developed water that the board may make available to any district is limited as follows: (2) The Kane Water Conservancy District may purchase no …

73-28-401. Analysis of benefits and costs -- Allocation of costs. (1) The board shall allocate project costs based on the economic costs and benefits of the developed water and electricity among the following water uses: municipal and industrial; electricity; public recreation; a…

73-28-402. Agreement for delivery -- Period for repayment of costs. (1) The board and each district shall establish by contract the timing and amount of developed water to be delivered to the district. (2) If a contract was made before the project's completion, the district shall…

73-28-403. Water and electricity charges. The board, in consultation with the committee, shall establish prices for the developed water sold to the districts and electricity sufficient to: (1) recover the reimbursable preconstruction costs, construction costs, and interest on tho…

73-28-404. Repayments returned to Water Resources Conservation and Development Fund -- Establishment of an enterprise fund. (1) The board shall deposit, in accordance with Section, into the Water Resources Conservation and Development Fund: 51-4-1 repayments of preconstruction an…