Title 73, Title 73: Water and Irrigation

73-29-202. Public right to float on public waters. (1) There is a public right to float on public water that has sufficient width, depth, and flow to allow free passage of the chosen vessel at the time of floating. (2) Subsectionincludes the right to: (1) incidentally touch priva…

73-29-203. Establishment of public recreational access. (1) Public recreational access is established if: the private property has been used by the public for recreational access requiring the use of the public water for a period of at least 10 consecutive years that begins after…

73-29-204. Quiet title action. (1) A person, including the division, may file a quiet title action in accordance with, to obtain a judicial declaration of the existence of a right to public recreational access under Section. Title 78B, Chapter 6, Part 13, Quiet Title 73-29-203 Th…

73-29-205. Injunctive relief. (1) The owner of private property may obtain injunctive relief against a person who, without permission, enters, remains, or persists in an effort to enter or remain on the owner's property for recreational use of public water other than use in accor…

73-29-206. Effect of chapter on other uses and restrictions -- Required acts. (1) Nothing in this chapter affects the right of the public to use public water for public recreational access, including the touching of the bed beneath the public water if: the bed beneath the public …

73-29-207. Fences across public water. (1) The owner of a public access area adjacent to and lying beneath a public water may place a fence or obstruction across a public water for agricultural, livestock, or other lawful purposes. (2) A fence or other obstruction shall: comply w…

73-29-208. Severability. If any of this chapter's provisions, or the application of any of this chapter's provisions, is held to be unconstitutional, the provision is severable and this chapter's other provisions and applications remain effective.

73-31-102. Definitions. As used in this chapter: (1) "Applicant" means: a record holder of a perfected water right or a valid diligence claim applying for board approval of a statutory water bank under; or Part 2, Statutory Water Banks a public entity applying for board approval …

73-31-103. Notice -- Website. (1) A notice required under this chapter shall be posted in accordance with Subsectionand to a water bank's website, unless otherwise specified. 73-3-6(1) (2) The board may create and oversee a website for the purpose of making water banking informat…

73-31-104. Objectives of water banks. The objectives in creating a water bank are to: (1) promote: the optimal use of the public's water; transparency and access to water markets; temporary, flexible, and low cost water transactions between water users; and Utah's agricultural ec…

73-31-105. Scope. Nothing in this chapter prevents a person from entering into an agreement regarding the use of a water right that differs from the requirements of this chapter, except that only a water bank approved under this chapter may avail itself of the statutory provision…

73-31-106. Board assistance. The board may direct the Division of Water Resources to assist the board in fulfilling the board's responsibilities under this chapter.

73-31-107. Fees. (1) The board may charge fees, set pursuant to Section, to cover the costs of processing and administering: 63J-1-504 a statutory water bank application; or a contract water bank application. (2) The board shall charge a uniform fee for a statutory water bank app…

73-31-201. Approval of statutory water bank. (1) The board shall approve an application to create a statutory water bank that satisfies this part. (2) As a condition of approval, a statutory water bank is subject to this chapter.

73-31-202. Statutory water bank application. (1) A record holder, other than the United States or an agency of the United States, of a perfected water right or a valid diligence claim may request approval for a proposed statutory water bank if the place of use and point of divers…

73-31-203. Action by board on statutory water bank applications. (1) Upon receipt of an application under Section, the board shall record the date the board receives the application. 73-31-202 (2) The board shall: examine an application for completeness to determine whether the a…

73-31-204. Public meeting -- Comments. (1) On the date indicated in the notice posted under Subsection, the board shall hold a public meeting to: 73-31-203(3) inform water users within the service area of the proposed statutory water bank; and receive comments from water users re…

73-31-205. Review of statutory bank application. (1) After complying with Sectionsand, the board shall approve an application if the application satisfies Section, which is to be liberally interpreted by the board to facilitate the objectives described in Section. 73-31-203 73-31…

73-31-206. Amending application. (1) After the board approves a statutory water bank's application under this part, the statutory water bank may seek to amend the statutory water bank's application by filing a description of the proposed amendment with the board. The board shall …

73-31-301. Approval of contract water bank. (1) The board shall approve an application to create a contract water bank that satisfies this part. (2) As a condition of approval, a contract water bank is subject to this chapter.

73-31-302. Contract water bank application. (1) A public entity may seek to have a contract for water use approved as a contract water bank under this chapter by submitting an application to the board that meets the following criteria: the name of the contract water bank; the mai…

73-31-303. Action by board on contract water bank application. (1) Upon receipt of an application for a proposed contract water bank, the board shall record the day on which the board receives the application. (2) The board shall: examine the application to determine whether chan…

73-31-304. Review of contract water bank application. (1) After complying with Section, the board shall approve an application for a contract water bank if the application satisfies Section, which is to be liberally interpreted by the board to facilitate the objectives described …

73-31-305. Amending application. (1) After the board approves a contract water bank's application under this part, the contract water bank may seek to amend the contract water bank's application by filing a description of the proposed amendment with the board. The board shall fol…

73-31-401. Annual reports. (1) On or before November 30 of each year, the governing body of a water bank shall submit to the board an annual report on the governing body's management of the water bank's operations for the previous reporting year on a form provided by the board th…

73-31-402. Water bank noncompliance -- Revocation of application. (1) If a water bank is in noncompliance with this chapter pursuant to Section, the board shall give the water bank a written notice of noncompliance that: 73-31-401 explains why the water bank is in noncompliance; …

73-31-501. Banking water. (1) A water right may be deposited with a water bank pursuant to an approved change application filed under Sectionor. 73-3-3 73-3-3.5 (2) The state engineer may not approve a change application that authorizes the use of a water right within a water ban…

73-31-502. Delivery request for loaned water rights in water bank. (1) A borrower may use water from a water bank for any use within the water bank's service area consistent with the objectives in Sectionand the conditions, if any, of the underlying approved change application. 7…

73-31-503. State engineer enforcement. This chapter does not limit or impair the state engineer's enforcement powers set forth in Section.

73-31-601. Reports. (1) In accordance with Section, the board shall report annually by no later than the November interim meeting of the Natural Resources, Agriculture, and Environment Interim Committee regarding the implementation of this chapter. 68-3-14 (2) The board shall sub…

73-32-101. Definitions. As used in this chapter: (1) "Account" means the Great Salt Lake Account created in Section. 73-32-304 (2) "Agricultural water" means water placed to beneficial use on land in agricultural use as defined under Section. 59-2-502 (3) "Commissioner" means the…

73-32-102. Transition to department. (1) The commissioner shall cooperate with the department to transition, to the extent consistent with this chapter, the commissioner's functions as a part of the department. (2) The department shall succeed to any contract in which the commiss…

73-32-201. Great Salt Lake commissioner appointment. (1) The governor shall appoint a Great Salt Lake commissioner with the advice and consent of the Senate. The commissioner shall serve within the department and report to the executive director. Before the governor appoints the …

73-32-202. Duties and authorizations of the commissioner. (1) The commissioner, under the administrative oversight of the executive director, shall: subject to Section, prepare an approved strategic plan for the long-term health of the Great Salt Lake and update the strategic pla…

73-32-203. Relationship to other state agencies. (1) A state agency shall cooperate with the commissioner, including providing information to the commissioner, to the extent not prohibited by federal or state law, at the commissioner's request. (2) To the extent not prohibited by…

73-32-204. Strategic plan. (1) In accordance with this section, the commissioner shall prepare a strategic plan and obtain the approval of the governor of that strategic plan. A strategic plan prepared by the commissioner may not be implemented until the governor approves the str…

73-32-301. Office of the Great Salt Lake Commissioner. (1) There is created the Office of the Great Salt Lake Commissioner. (2) The office shall: provide staff support to the commissioner; and operate under the supervision of the commissioner. (3) The department shall provide off…

73-32-302. Advisory council created -- Staffing -- Per diem and travel expenses -- Annual conflict of interest disclosure statement -- Exception -- Penalties. (1) There is created an advisory council known as the "Great Salt Lake Advisory Council" consisting of 11 members listed …

73-32-303. Duties of the council. (1) The council shall advise the persons listed in Subsectionon the sustainable use, protection, and development of the Great Salt Lake in terms of balancing: (1)(b) sustainable use; environmental health; and reasonable access for existing and fu…

73-32-304. Great Salt Lake Account. (1) As used in this section; "Mineral" includes a chemical compound that includes an element or mineral. "Mining" means the process of producing, extracting, leaching, evaporating, or otherwise removing a mineral from a natural deposit of the m…

73-33-101. Definitions. As used in this chapter: (1) "Distribution management plan" means a plan adopted by the state engineer in accordance with Section. 73-33-201 (2) "Great Salt Lake Comprehensive Management Plan" means the plan adopted by a record of decision by the Division …

73-33-102. Scope of chapter. (1) A person may not interpret this chapter as requiring the development, implementation, or consideration of a distribution management plan as a prerequisite or condition to the exercise of the state engineer's enforcement powers under other law, inc…

73-33-201. Great Salt Lake distribution management plan. (1) The state engineer shall regulate the measurement, appropriation, apportionment, and distribution of water within the Great Salt Lake meander line by adopting a distribution management plan by no later than October 1, 2…

73-33-202. Challenges to a distribution management plan. (1) A person aggrieved by a distribution management plan may challenge any aspect of the distribution management plan by filing a complaint within 60 days after the distribution management plan takes effect in a court with …

73-33-203. Measuring volume and quality of water. (1) A person diverting water under a Great Salt Lake water right shall: measure through the use of a physical measurement and not estimate or calculate the water or brine diverted from the Great Salt Lake as part of the mineral or…

73-34-101. Definitions. As used in this chapter: (1) "Agricultural water" means water placed to beneficial use on land in agricultural use, as defined under Section, that is located within the Utah portion of the Great Salt Lake basin. 59-2-502 (2) "Agricultural water user" means…