Title 73, Title 73: Water and Irrigation

73-3-11. Statement of financial ability of applicants. Before either approving or rejecting an application the state engineer may require such additional information as will enable the state engineer properly to guard the public interests, and may require a statement of the follo…

73-3-12. Time limit on construction and application to beneficial use -- Extensions -- Procedures and criteria. (1) As used in this section: "Public water supplier" is as defined in Section. 73-1-4 "Wholesale electrical cooperative" is as defined in Section. 54-2-1 (2) Within the…

73-3-13. Protests -- Procedure. (1) Any other applicant, or any user of water from any river system or water source may file a request for agency action with the state engineer alleging that such work is not being diligently prosecuted to completion. (2) Upon receipt of the reque…

73-3-14. Judicial review of state engineer order. (1) A person aggrieved by an order of the state engineer may obtain judicial review in accordance with, and this section. Title 63G, Chapter 4, Administrative Procedures Act A person is aggrieved by an order of the state engineer …

73-3-15. Dismissal of action for review of informal adjudicative proceedings. (1) An action to review a decision of the state engineer from an informal adjudicative proceeding may be dismissed upon the application of any of the parties upon the grounds provided in Utah Rules of C…

73-3-16. Proof of appropriation or permanent change -- Notice -- Manner of proof -- Statements -- Maps, profiles, and drawings -- Verification -- Waiver of filing -- Statement in lieu of proof of appropriation or change. (1) Sixty days before the date set for the proof of appropr…

73-3-17. Certificate of appropriation -- Evidence. (1) Upon the satisfaction of the state engineer that an appropriation, a permanent change of point of diversion, place or purpose of use, or a fixed time change authorized by Sectionhas been perfected in accordance with the appli…

73-3-18. Lapse of application -- Notice -- Reinstatement -- Priorities -- Assignment of application -- Filing and recording -- Constructive notice -- Effect of failure to record. (1) If an application lapses for failure of the applicant to comply with a provision of this title or…

73-3-19. Right of entry on private property -- By applicant -- Bond -- Priority. Whenever any applicant for the use of water from any stream or water source must necessarily enter upon private property in order to make a survey to secure the required information for making a wate…

73-3-2. Application for right to use unappropriated public water -- Necessity -- Form -- Contents -- Validation of prior applications by state or United States or officer or agency thereof. (1) In order to acquire the right to use any unappropriated public water in this state, an…

73-3-20. Right to divert appropriated waters into natural streams -- Requirements -- Storage in reservoir -- Information required by state engineer -- Lapse of application. (1) Upon application in writing and approval of the state engineer, any appropriated water may, for the pur…

73-3-21.1. Priorities between appropriators. Appropriators shall have priority among themselves according to the dates of their respective appropriations, so that each appropriator is entitled to receive the appropriator's whole supply before any subsequent appropriator has any r…

73-3-23. Replacement of water. In all cases of appropriations of underground water the right of replacement is hereby granted to any junior appropriator whose appropriation may diminish the quantity or injuriously affect the quality of appropriated underground water in which the …

73-3-25. Well driller's license -- Enforcement. (1) As used in this section: "Well" means an open or cased excavation or borehole for diverting, using, or monitoring underground water made by any construction method. "Well driller" means a person with a license to engage in well …

73-3-26. Violations -- Penalty. (1) A person engaged in well drilling, as described in Subsection, is guilty of a crime punishable under Sectionif the person does not have a current license to engage in well drilling, as provided by this title. 73-3-25(1)(c) 73-2-27 (2) Each day …

73-3-27. Requests for segregation or consolidation. (1) Upon written request, the state engineer shall segregate into two or more parts the following in the state engineer's records: an application to: under Section, appropriate water; or 73-3-2 under Section, permanently change:…

73-3-28. Replacement wells -- Requirements -- State engineer's approval -- Application to drill -- Filing -- Form -- Contents -- Notice -- Fees -- Definition -- Plugging of old well. An existing well may be replaced with a replacement well within a radius of 150 feet from the exi…

73-3-29. Relocation of natural streams -- Written permit required -- Emergency work -- Violations. (1) Except as provided in Subsection, a state agency, county, city, corporation, or person may not relocate any natural stream channel or alter the beds and banks of any natural str…

73-3-3. Changes to a water right. (1) As used in this section: "Agricultural water optimization project" means a project that: accomplishes agricultural water optimization as defined in Section; and 73-10g-203.5 generates saved water. "Change" means a change to the: point of dive…

73-3-3.5. Application for a change of point of diversion, place of use, or purpose of use of water in a water company made by a shareholder. (1) As used in this section: "Shareholder" means the owner of a share of stock, or other evidence of stock ownership, that entitles the per…

73-3-30. Application for an instream flow or use on sovereign lands -- Application for delivery to a reservoir. (1) As used in this section: "Colorado River System" means the same as that term is defined in Sectionsand. 73-12a-2 73-13-10 "Dedicated water application" means the sa…

73-3-30.3. Dedicated water application. (1) As used in this section: "Agricultural land" means land in agricultural use, as defined in Section. 59-2-502 "Dedicated water" means water that has been recognized for delivery or use under Sectionand a dedicated water application. 73-3…

73-3-30.5. Standardized leasing of water described in instream flow provisions. (1) As used in this section: "Concurring partner" means: a division, as defined in Section; or 73-3-30 the executive director of the Colorado River Authority of Utah, appointed under Section 73-35-401…

73-3-31. Water right for watering livestock on public land -- Public Water Reserve No. 107. (1) As used in this section: "Acquire" means to gain the right to use water through obtaining: an approved application to appropriate water; or a perfected water right. "Allotment" means a…

73-3-32. Filing protest or judicial review action not required to bring judicial interference claim. The following are not a prerequisite to filing a judicial action for interference, damages, declaratory, injunctive, or other relief, based on the use of water under an existing w…

73-3-4. "Received," "filed" defined. Whenever in this title the word "received" is used with reference to any paper deposited in the office of the state engineer, it shall be deemed to mean the date when such paper was first deposited in the state engineer's office; and whenever …

73-3-5. Action by engineer on applications. (1) On receipt of an application containing the information required by Section, and payment of the filing fee, the state engineer shall endorse the application with the date of its receipt to make a record of the receipt for that purpo…

73-3-5.5. Temporary applications to appropriate water -- Approval by engineer -- Expiration -- Proof of appropriation not required. (1) The state engineer may issue temporary applications to appropriate water for beneficial purposes. (2) The provisions of this chapter governing r…

73-3-5.6. Applications to appropriate or permanently change a small amount of water -- Proof of appropriation or change. (1) As used in this section: "Application" means an application to: appropriate a small amount of water; or permanently change a small amount of water. "Livest…

73-3-6. Publication of notice of application -- Corrections or amendments of applications -- Confirmation -- Withdrawal of application. (1) When an application is filed in compliance with this title, the state engineer shall publish a notice of the application: once a week for a …

73-3-7. Protests. (1) Subject to Subsection, a person interested may file a protest with the state engineer: (2) within 20 days after the notice is published, if the adjudicative proceeding is informal; and within 30 days after the notice is published, if the adjudicative proceed…

73-3-8. Approval or rejection of application -- Requirements for approval -- Application for specified period of time -- Filing of royalty contract for removal of salt or minerals -- Request for agency action. (1) The state engineer shall approve an application if there is reason…

73-3a-101. Policy statement. (1) To ensure the welfare of its citizens, the state of Utah is dedicated to: the conservation of its scarce water resources; providing adequate water supplies; ensuring that the waters of the state's streams are available to meet the state's water re…

73-3a-102. Water mixed with substances. For the purposes of this chapter, water mixed with substances to form a solution or slurry, for the transportation of dissolved substances or suspended solids, is not considered to have lost its character as water.

73-3a-103. Water exports governed by this chapter. This chapter governs application procedures and criteria for the approval of applications for: (1) the appropriation of water from sources within the state of Utah for use outside the state; and (2) permanent or temporary changes…

73-3a-104. Rulemaking power of state engineer. In accordance with, the state engineer may make rules necessary to administer this chapter.

73-3a-105. Procedures -- Adjudicative proceedings. (1) Except where inconsistent with the provisions of this chapter, the procedures to be followed by the state engineer in processing and considering applications filed under this chapter, and the rights and duties of the applican…

73-3a-106. Application form. Applications for appropriations or changes referred to in Sectionmust: (1) be made upon forms furnished by the state engineer; and (2) set forth: the name of the applicant; the description of the water right, if applicable; the quantity of water; the …

73-3a-107. Publication of notice of application -- Corrections or amendments of applications. (1) When an application is filed in accordance with Sectionand relevant provisions of, the state engineer shall publish a notice of the application: 73-3a-106 Chapter 3, Appropriation on…

73-3a-108. Approval of applications -- Criteria. (1) The state engineer shall: undertake an investigation of any application made under this chapter; and approve the application, if the state engineer finds that: the proposed appropriation or change: satisfies Section,, or, which…

73-3a-109. Certification of appropriation or change. (1) Any person holding an application approved under this chapter shall comply with the substantive and procedural requirements of Sectionsandto obtain a certificate of appropriation or change. 73-3-16 73-3-17 (2) Verification …

73-3b-102. Definitions. As used in this chapter: (1) "Artificially recharge" means to place water in an aquifer: by means of: injection; surface infiltration; or another method; and for the purposes of: storing the water; and recovering the water. (2) "Division" means Division of…

73-3b-103. Prohibitions. (1) A person may not artificially recharge an aquifer without first obtaining a recharge permit. (2) A person may not recover from an aquifer water that has been artificially recharged unless the person first obtains a recovery permit. (3) A person holdin…

73-3b-104. Rulemaking power of state engineer. The state engineer may make rules to administer this chapter in accordance with.

73-3b-105. Administrative procedures. The administrative procedures applicable to the issuance, modification, suspension, or revocation of a recharge permit or recovery permit are those set forth in, and Sections,,, and.

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…