Utah Code § 73-4-9.5 — Utah Code / Title 73 / Chapter 73-4 / § 73-4-9.5
§ 73-4-9.5. List of unclaimed rights of record.
Status: in_force

(1) After the last day on which a claimant may file a statement of claim in accordance with Section 73-4-5, the state engineer shall: (a) file with the court a list of unclaimed rights of record listing each water right of record in the state engineer's office for which a statement of claim was not timely filed, that includes: (i) the water right number; (ii) the point of diversion; and (iii) the owner of the water right as recognized in the state engineer's records; (b) serve notice of the list of unclaimed rights of record on all identified potential claimants that were served with a summons, in the same manner as provided in Subsection 73-4-11(1)(c); and (c) hold a public meeting in the area covered by the division or subdivision to explain the list of unclaimed rights of record. (2) A claimant who desires to object to the state engineer's list of unclaimed rights of record shall, within 90 days of the day on which the state engineer served the potential claimant notice of the list of unclaimed rights of record, file: (a) a written objection to the list of unclaimed rights of record with the district court; and (b) a statement of claim, as provided in this chapter, with the district court and the state engineer. (3) The state engineer shall evaluate and make a recommendation in the proposed determination for a water right placed on the list of unclaimed rights of record if: (a) the claimant files a timely objection to the list of unclaimed rights in accordance with Subsection (2); and (b) the court determines that a claimant's failure to file a timely statement of claim is excused by: (i) circumstances beyond the claimant's control; (ii) mistake; or (iii) any other reason justifying relief. (4) If a claimant fails to file a timely statement of claim, as provided in this chapter, for a right of record in the state engineer's office and the failure to file a timely claim is not excused by the court as provided in Subsection (3), the claimant is forever barred and estopped from asserting the right to the use of water included in the list and the right shall be considered abandoned. (5) After resolving all objections to the list of unclaimed rights of record, the court shall render a judgment for the list of unclaimed rights of record that: (a) identifies any water rights on the list of unclaimed rights that are not abandoned because the court excuses the failure to file a statement of claim as provided in Subsection (3); (b) adjudges the unclaimed rights abandoned; and (c) may prohibit future claims from being filed for rights not of record in the state engineer's office, under this chapter and Section 73-5-13, in the general adjudication area, division, or subdivision.
Utah Code § 73-28-301 — Utah Code / Title 73 / Chapter 73-28 / § 73-28-301
§ 73-28-301. Entities eligible to receive developed water.
Status: in_force

(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 purchases developed water may: (a) use the water directly; (b) exchange the water by following the procedures and requirements of Section 73-3-20; or (c) sell the water to any entity or person. (3) Districts purchasing developed water shall build any facilities necessary for the treatment and local delivery of the developed water.
Utah Code § 73-10e-2 — Utah Code / Title 73 / Chapter 73-10e / § 73-10e-2
§ 73-10e-2. Requirement to obtain rights-of-way and easements.
Status: in_force

It is the intent of the Legislature that the money appropriated into the Water Development and Flood Mitigation Reserve Account in Section 73-10e-1 may not be spent for construction of dikes until all necessary rights-of-way and easements are obtained for each individual diking project by the impacted local government entities in which the diking projects are located.
Utah Code § 73-31-104 — Utah Code / Title 73 / Chapter 73-31 / § 73-31-104
§ 73-31-104. Objectives of water banks.
Status: in_force

The objectives in creating a water bank are to: (1) promote: (a) the optimal use of the public's water; (b) transparency and access to water markets; (c) temporary, flexible, and low cost water transactions between water users; and (d) Utah's agricultural economy by providing access to water resources and income for Utah's agricultural industry; and (2) facilitate: (a) robust and sustainable agricultural production while meeting growing municipal and industrial water demands, such as fallowing arrangements; (b) water quality improvement; (c) water rights administration and distribution; and (d) a healthy and resilient natural environment.
Utah Code § 73-2-23 — Utah Code / Title 73 / Chapter 73-2 / § 73-2-23
§ 73-2-23. Emergency powers of state engineer -- Multi-county flood mitigation activities -- Termination of assistance.
Status: in_force

(1) In addition to the emergency powers under Section 73-2-22, the state engineer shall assist counties in emergency flood mitigation on intercounty waterways when all the following conditions exist: (a) two or more counties are involved; (b) the flood mitigation activity has or may have adverse effect on the county; (c) the county executive of that adversely impacted county requests the state engineer's involvement; (d) the requesting county is providing an ongoing flood control program with jurisdiction-wide funding equivalent to .0004 per dollar of taxable value of taxable property; and (e) the requesting county has established a flood control program through zoning. (2) Multi-county flood mitigation activities by the state engineer shall include: (a) assisting the counties in emergency flood mitigation planning; (b) furnishing engineering or other technical services; (c) making recommendations in emergency situations, and, if requested, participating in making emergency flood control decisions; and (d) in the event a decision is not reached, the final decision-making authority. (3) The assistance or involvement will cease when in the state engineer's judgment the flood conditions or potential for flooding subsides or when the county governing bodies of all affected counties request that the jurisdiction cease.
Utah Code § 73-28-202 — Utah Code / Title 73 / Chapter 73-28 / § 73-28-202
§ 73-28-202. Construction contingent upon sale of water.
Status: in_force

(1) Except as provided in Subsection (3), the board may not expend money for construction costs for any phase of the project until: (a) the board has contracted with the districts for the sale of at least 70% of the water developed by that phase of the project; and (b) all permits required by the environmental impact statement have been obtained. (2) Construction of the project and implementation of any environmental mitigation requirements may proceed concurrently. (3) The board may make expenditures for preconstruction costs if money is expressly appropriated or earmarked by statute for that purpose by the Legislature.
Utah Code § 73-3-11 — Utah Code / Title 73 / Chapter 73-3 / § 73-3-11
§ 73-3-11. Statement of financial ability of applicants.
Status: in_force

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 following facts: In case of an incorporated company, the state engineer may require the submission of the articles of incorporation, the names and places of residence of its directors and officers, and the amount of its authorized and its paid-up capital. If the applicant is not a corporation, the state engineer may require a showing as to the names of the persons proposing to make the appropriation and a showing of facts necessary to enable the state engineer to determine whether or not they are qualified appropriators and have the financial ability to carry out the proposed work, and whether or not the application has been made in good faith.
Utah Code § 73-18-20.3 — Utah Code / Title 73 / Chapter 73-18 / § 73-18-20.3
§ 73-18-20.3. Falsified hull identification, engine, or motor number.
Status: in_force

(1) A person is guilty of a third degree felony if the person: (a) with fraudulent intent defaces, destroys, or alters a vessel hull identification number or serial number for an engine or outboard motor; (b) places or stamps any vessel hull identification number upon a vessel or serial number upon an engine or outboard motor, except one assigned by the division or its authorized agent; (c) knowingly buys, receives, disposes of, sells, offers for sale, or possesses any vessel, or engine or outboard motor removed from a vessel, from which the vessel hull identification number or engine or outboard motor serial number, has been removed, defaced, covered, altered, or destroyed for the purpose of concealing or misrepresenting the identity of the vessel, engine, or outboard motor; (d) with intent to procure or pass title to a vessel or outboard motor, receives or transfers possession of a vessel or outboard motor which he knows or has reason to believe has been stolen or unlawfully taken; or (e) possesses a vessel or outboard motor which the person knows or has reason to believe has been stolen or unlawfully taken, unless the person is a peace officer engaged at the time in the performance of peace officer duties. (2) (a) This section does not prohibit the restoration by an owner of an original vessel hull identification number or manufacturer's serial number for an engine or outboard motor if the restoration is made by application to the division or its authorized agent. (b) This section does not prohibit any manufacturer from placing, in the ordinary course of business, numbers or marks upon vessels, motors, outboard motors, or parts.
Utah Code § 73-2-5 — Utah Code / Title 73 / Chapter 73-2 / § 73-2-5
§ 73-2-5. Aid to district court.
Status: in_force

In aid of the district court the state engineer shall have power to collect facts and make surveys and do all other necessary things, the cost of which shall be paid by the state upon presentation to the director of the Division of Finance of monthly statements and certification by the state engineer.
Utah Code § 73-18-14 — Utah Code / Title 73 / Chapter 73-18 / § 73-18-14
§ 73-18-14. Transmittal of information to official or agency of United States.
Status: in_force

In accordance with any request duly made by an authorized official or agency of the United States, any information compiled or otherwise available to the division under Section 73-18-13 shall be transmitted to the official or agency of the United States.
Utah Code § 73-5a-402 — Utah Code / Title 73 / Chapter 73-5a / § 73-5a-402
§ 73-5a-402. Standard operating plans required.
Status: in_force

The owner of each dam shall prepare a standard operating plan for the dam. In the case of a dam in operation prior to May 1, 1991, the standard operating plan shall be submitted to the state engineer for the state engineer's approval by May 1, 1994. In the case of any dam beginning operations on or after May 1, 1991, the standard operating plan shall be submitted to the state engineer for the state engineer's approval prior to the final inspection.
Utah Code § 73-3b-302 — Utah Code / Title 73 / Chapter 73-3b / § 73-3b-302
§ 73-3b-302. Fee.
Status: in_force

(1) The state engineer shall assess an annual fee, in accordance with Section 63J-1-504, on each person who holds a groundwater recharge or recovery permit. (2) The fee shall reflect the division's costs to administer and monitor groundwater recharge and recovery projects.
Utah Code § 73-32-303 — Utah Code / Title 73 / Chapter 73-32 / § 73-32-303
§ 73-32-303. Duties of the council.
Status: in_force

(1) (a) The council shall advise the persons listed in Subsection (1)(b) on the sustainable use, protection, and development of the Great Salt Lake in terms of balancing: (i) sustainable use; (ii) environmental health; and (iii) reasonable access for existing and future development. (b) The council shall advise, as provided in Subsection (1)(a): (i) the governor; (ii) the department; (iii) the Department of Environmental Quality; and (iv) the commissioner. (2) The council shall assist the Division of Forestry, Fire, and State Lands in the Division of Forestry, Fire, and State Land's responsibilities for the Great Salt Lake described in Sections 65A-17-201 and 65A-17-202. (3) The council: (a) may recommend appointments to the Great Salt Lake technical team created by the Division of Forestry, Fire, and State Lands; and (b) shall receive and use technical support from the Great Salt Lake technical team. (4) The council shall assist the department, the Department of Environmental Quality, and their applicable boards in accomplishing their responsibilities for the Great Salt Lake. (5) The council shall report annually, by no later than October 1, to the Natural Resources, Agriculture, and Environmental Quality Appropriations Subcommittee on the council's activities.
Utah Code § 73-18-25 — Utah Code / Title 73 / Chapter 73-18 / § 73-18-25
§ 73-18-25. Fees to cover the costs of electronic payments.
Status: in_force

(1) As used in this section: (a) "Electronic payment" has the same meaning as defined in Section 41-1a-1221. (b) "Electronic payment fee" has the same meaning as defined in Section 41-1a-1221. (2) (a) The Motor Vehicle Division may collect an electronic payment fee on all registrations and renewals of registration under Section 73-18-7. (b) The fee described under Subsection (2)(a) shall be imposed regardless of the method of payment for a particular transaction. (3) The Motor Vehicle Division shall establish the fee according to the procedures and requirements of Section 63J-1-504. (4) A fee imposed under this section: (a) shall be deposited in the Electronic Payment Fee Restricted Account created by Section 41-1a-121; (b) is not subject to Subsection 63J-1-105(3) or (4); and (c) need not be separately identified from the fees imposed on registrations and renewals of registration under Section 73-18-7.
Utah Code § 73-18-2 — Utah Code / Title 73 / Chapter 73-18 / § 73-18-2
§ 73-18-2. Definitions.
Status: in_force

As used in this chapter: (1) "Anchored" means a vessel that is temporarily attached to the bed or shoreline of a waterbody by any method and the hull of the vessel is not touching the bed or shoreline. (2) "Beached" means that a vessel's hull is resting on the bed or shoreline of a waterbody. (3) "Boat livery" means a person that holds a vessel for renting or leasing. (4) "Carrying passengers for hire" means to transport persons on vessels or to lead persons on vessels for consideration. (5) "Commission" means the Outdoor Adventure Commission. (6) "Consideration" means something of value given or done in exchange for something given or done by another. (7) "Dealer" means any person who is licensed by the appropriate authority to engage in and who is engaged in the business of buying and selling vessels or of manufacturing them for sale. (8) "Derelict vessel": (a) means a vessel that is left, stored, or abandoned upon the waters of this state in a wrecked, junked, or substantially dismantled condition; and (b) includes: (i) a vessel left at a Utah port or marina without consent of the agency or other entity administering the port or marine area; and (ii) a vessel left docked or grounded upon a property without the property owner's consent. (9) "Division" means the Division of Outdoor Recreation. (10) "Moored" means long term, on the water vessel storage in an area designated and properly marked by the division or other applicable managing agency. (11) "Motorboat" means any vessel propelled by machinery, whether or not the machinery is the principal source of propulsion. (12) "Operate" means to navigate, control, or otherwise use a vessel. (13) "Operator" means the person who is in control of a vessel while it is in use. (14) "Outfitting company" means any person who, for consideration: (a) provides equipment to transport persons on all waters of this state; and (b) supervises a person who: (i) operates a vessel to transport passengers; or (ii) leads a person on a vessel. (15) (a) "Owner" means a person, other than a lien holder, holding a proprietary interest in or the title to a vessel. (b) "Owner" includes a person entitled to the use or possession of a vessel subject to an interest by another person, reserved or created by agreement and securing payment or performance of an obligation. (c) "Owner" does not include a lessee under a lease not intended as security. (16) (a) "Personal watercraft" means a motorboat that is: (i) less than 16 feet in length; (ii) propelled by a water jet pump or other machinery as the motorboat's primary source of motive power; and (iii) designed to be operated by a person sitting, standing, or kneeling on the vessel, rather than sitting or standing inside the vessel. (b) "Personal watercraft" includes a water jet device as part of the personal water craft vessel if the water jet device is connected to the personal water craft. (17) "Racing shell" means a long, narrow watercraft: (a) outfitted with long oars and sliding seats; and (b) specifically designed for racing or exercise. (18) "Sailboat" means any vessel having one or more sails and propelled by wind. (19) "Vessel" means every type of watercraft, other than a seaplane on the water, used or capable of being used as a means of transportation on water. (20) "Wakeless speed" means an operating speed at which the vessel does not create or make a wake or white water trailing the vessel. This speed is not in excess of five miles per hour. (21) "Water jet device" means a device with which an individual rides a hydro-powered apparatus above the surface of the water while connected to a personal watercraft or other power source that supplies thrust to the water jet device through a hose connecting the two devices. (22) "Waters of this state" means any waters within the territorial limits of this state.
Utah Code § 73-31-401 — Utah Code / Title 73 / Chapter 73-31 / § 73-31-401
§ 73-31-401. Annual reports.
Status: in_force

(1) (a) 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 that provides the information in Subsection (2). (b) Proof to the satisfaction of the board that the water bank has mailed, hand-delivered, or sent the annual report electronically is considered compliance with this Subsection (1). (2) The annual report shall include the following information for the prior reporting year: (a) a tabulation of the volume and change application number of water rights deposited in the water bank; (b) the nature of use of each banked water right before the banked water right was deposited in the water bank and the volumes of water allocated to each use before being deposited; (c) a tabulation of loaned water rights from that water bank, which includes: (i) the change application number; (ii) the volume of water derived from the loaned water rights; (iii) the nature of use of the loaned water rights and the volumes of water allocated to each use; and (iv) for a statutory water bank, the borrower; (d) for a statutory water bank: (i) the amounts charged for the loaned water rights, including a breakdown by nature of use if appropriate; (ii) the revenue generated by the statutory water bank, including the sources of revenue; (iii) the amounts paid out to depositors; (iv) the statutory water bank's expenses; (v) the balance at the end of the reporting year of the statutory water bank's bank account; (vi) the accounting practices used by the statutory water bank; (vii) whether there is pending or ongoing litigation involving the statutory water bank; (viii) whether there are, or have been, any governmental audits of the statutory water bank; (ix) any proposed amendments to an approved statutory water bank's procedures for the coming reporting year; (x) a narrative explanation of any inconsistencies in the annual report or in the operation of the statutory water bank; and (xi) a narrative explanation of how the statutory water bank is or is not fulfilling the objectives described in Section 73-31-104; and (e) a declaration or affidavit signed by at least two governing members of the statutory water bank stating that the information in the report is correct. (3) The board shall deliver a copy of the prescribed form to each water bank before August 30 of each year. (4) If the annual report contains the information required by this section, the board shall post notice of the annual report in accordance with Section 73-31-103. (5) If the annual report does not contain the information required by this section, the board shall promptly notify the reporting water bank in writing and return the report to the water bank for correction, providing a written explanation to the water bank that sets forth the information that needs to be corrected. The water bank shall remain in good standing if the water bank submits a corrected annual report that satisfies this section within 90 days of the written notice of the board. (6) If a water bank fails to submit an annual report by November 30, or fails to submit a corrected annual report within 90 days of the rejection of an annual report, the water bank is considered in noncompliance under this chapter.
Utah Code § 73-10-1.5 — Utah Code / Title 73 / Chapter 73-10 / § 73-10-1.5
§ 73-10-1.5. Board of Water Resources -- Creation -- Transfer of powers and duties.
Status: in_force

There is created within the Department of Natural Resources a Board of Water Resources which, except as otherwise provided in this act, shall assume all of the policy-making functions, powers, duties, rights and responsibilities of the Utah water and power board, together with all functions, powers, duties, rights and responsibilities granted to the Board of Water Resources by this act. The Board of Water Resources shall be the policy-making body of the Division of Water Resources. Except as otherwise provided in this act, whenever reference is made in Title 73, Water and Irrigation, or any other provision of law, to the Utah Water and Power Board, it shall be construed as referring to the Board of Water Resources where such reference pertains to policy-making functions, powers, duties, rights and responsibilities; but in all other instances such reference shall be construed as referring to the Division of Water Resources.
Utah Code § 73-28-105 — Utah Code / Title 73 / Chapter 73-28 / § 73-28-105
§ 73-28-105. Project Management Committee created.
Status: in_force

(1) There is created a Project Management Committee within the division. (2) (a) The committee shall be comprised of one representative appointed by: (i) the division director; (ii) the board; and (iii) each of the participating districts. (b) The division representative is the chair of the committee. (3) (a) The members shall serve a four-year term. (b) When a vacancy occurs in the membership for any reason, the replacement shall be appointed for the unexpired term in the same manner as the vacated member was appointed. (4) (a) A majority of the members of the committee constitute a quorum of the committee. (b) The action of a majority of a quorum constitutes the action of the committee. (5) The committee shall: (a) consult with the board on a regular basis concerning: (i) the development and construction of the project; (ii) the operation, maintenance, repair, and replacement of the project; and (iii) the prices of developed water and electricity; and (b) approve all expenditures from the fund created in Section 73-28-404.
Utah Code § 73-3b-102 — Utah Code / Title 73 / Chapter 73-3b / § 73-3b-102
§ 73-3b-102. Definitions.
Status: in_force

As used in this chapter: (1) "Artificially recharge" means to place water in an aquifer: (a) by means of: (i) injection; (ii) surface infiltration; or (iii) another method; and (b) for the purposes of: (i) storing the water; and (ii) recovering the water. (2) "Division" means Division of Water Rights. (3) "Recharge permit" means a permit issued by the state engineer to construct and operate a recharge project. (4) "Recharge project" means to artificially recharge water into an aquifer. (5) "Recovery permit" means a permit issued by the state engineer to construct and operate a recovery project. (6) "Recovery project" means to withdraw from an aquifer water that has been artificially recharged pursuant to a recharge permit.
Utah Code § 73-29-206 — Utah Code / Title 73 / Chapter 73-29 / § 73-29-206
§ 73-29-206. Effect of chapter on other uses and restrictions -- Required acts.
Status: in_force

(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: (a) the bed beneath the public water is public property; or (b) the bed beneath the public water is private property to which access is not restricted. (2) A person using a public water for public recreational access is subject to any other restriction lawfully placed on the use of the public water by a governmental entity with authority to restrict the use of the public water. (3) Nothing in this chapter limits or enlarges any right granted by express easement. (4) When leaving a public access area, a person shall remove any refuse or tangible personal property the person brought into the public access area.
Utah Code § 73-3-25 — Utah Code / Title 73 / Chapter 73-3 / § 73-3-25
§ 73-3-25. Well driller's license -- Enforcement.
Status: in_force

(1) As used in this section: (a) "Well" means an open or cased excavation or borehole for diverting, using, or monitoring underground water made by any construction method. (b) "Well driller" means a person with a license to engage in well drilling for compensation or otherwise. (c) "Well drilling" means the act of: (i) drilling, constructing, repairing, renovating, deepening, cleaning, developing, or abandoning a well; or (ii) installing or repairing a pump in a well. (2) (a) Notwithstanding Subsection (3), a person who installs or repairs a pump in a well on the person's own property for the person's own use is not required to obtain a license under this section. (b) Except as provided in Subsection (2)(c), a person who installs or repairs a pump in a well for compensation: (i) shall obtain a license as required by Subsection (3); and (ii) is subject to all of this section's provisions. (c) Notwithstanding the requirements of Subsection (2)(b), a person who performs electrical repairs on a pump in a well is not required to obtain a license as required by Subsection (3). (3) (a) (i) A person shall obtain a license as provided in this section before engaging in well drilling. (ii) The state engineer may enforce Subsection (3)(a)(i) in accordance with Sections 73-2-25 and 73-2-26. (b) A person applying for a well driller license shall file a well driller bond: (i) with the state engineer; and (ii) payable to the Division of Water Rights. (c) (i) Compliance with this section and the rules authorized by this section is required to obtain or renew a well driller license. (ii) The state engineer may refuse to issue a license if it appears an applicant violates a rule authorized by this section. (d) A well driller license is not transferable. (4) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the state engineer may make rules establishing: (a) the amount, form, and general administrative requirements of a well driller bond; (b) the amount of a well driller fine; (c) minimum well drilling standards; (d) well driller reporting requirements; (e) the requirements for obtaining a well driller license, including: (i) a well driller license application form; (ii) the license expiration date; and (iii) the license renewal cycle; and (f) a procedure to enforce a well drilling standard or other well drilling requirement. (5) (a) A well driller shall submit a report to the state engineer: (i) containing data relating to each well; (ii) within 30 days after the completion or abandonment of the well drilling; (iii) on forms furnished by the state engineer; and (iv) containing information required by the state engineer. (b) In accordance with Sections 73-2-25 and 73-2-26, the state engineer may commence an enforcement action against a person who fails to submit a report required by Subsection (5)(a) within 90 days of the day on which the well driller license lapses. (6) (a) A well driller shall comply with the rules authorized by this section. (b) If the state engineer determines that a well driller has failed to comply with a rule, the state engineer may, in accordance with the procedures established in rule: (i) (A) order that a well driller pay a fine; or (B) revoke or suspend the well driller's license; and (ii) exact the bond. (7) (a) The state engineer shall retain the money from a fine or exacting a bond as a dedicated credit. (b) The state engineer may expend: (i) money retained from a fine for: (A) well drilling inspection; (B) well drilling enforcement; or (C) well driller education; and (ii) money retained from exacting a bond to investigate or correct a deficiency by a well driller that could adversely affect the public interest resulting from noncompliance with a rule authorized by this section.
Utah Code § 73-18-7.4 — Utah Code / Title 73 / Chapter 73-18 / § 73-18-7.4
§ 73-18-7.4. Canceled, suspended, or revoked registration or certificate of title to be returned.
Status: in_force

If the division or its authorized agent cancels, suspends, or revokes the registration or certificate of title of a motorboat, sailboat, or outboard motor, the owner shall immediately return the canceled, suspended, or revoked registration card, registration decal, or certificate of title to the division or authorized agent.
Utah Code § 73-10-36 — Utah Code / Title 73 / Chapter 73-10 / § 73-10-36
§ 73-10-36. Division to provide technical assistance in local government planning.
Status: in_force

(1) As used in this section: (a) "Division" means the Division of Water Resources. (b) "General plan": (i) for a municipality, means the same as that term is defined in Section 10-20-102; and (ii) for a county, means the same as that term is defined in Section 17-79-102. (c) "Local government" means a county or a municipality, as defined in Section 10-1-104. (d) "Watershed council" means a council created under Chapter 10g, Part 3, Watershed Councils Act. (2) The division shall provide technical assistance to a local government to support the local government's adoption of a water use and preservation element in a general plan. (3) When consulted by a local government for information and technical resources regarding regional water conservation goals under Subsection 10-20-404(2)(d) or 17-79-403(2)(d), the division may seek input from the appropriate watershed council or councils.
Utah Code § 73-10g-303 — Utah Code / Title 73 / Chapter 73-10g / § 73-10g-303
§ 73-10g-303. Watersheds.
Status: in_force

For the purposes of this part, the state is divided into the following watersheds, corresponding to those found on hydrologic basin maps maintained by the division: (1) the Bear River Watershed, comprised of the portions of Box Elder, Cache, Rich, and Summit counties that drain into the Bear River or Great Salt Lake; (2) the Weber River Watershed, comprised of the portions of Weber, Davis, Morgan, and Summit counties that drain into the Weber River or Great Salt Lake; (3) the Jordan River Watershed, comprised of the portions of Salt Lake and Utah counties that drain into the Jordan River or Great Salt Lake; (4) the Utah Lake Watershed, comprised of the portions of Utah, Wasatch, Juab, and Summit counties that drain into Utah Lake; (5) the West Desert Watershed, comprised of the portions of Box Elder, Tooele, Juab, Millard, Beaver, and Iron counties that drain into Great Salt Lake or have no outlet, as well as the portion of Box Elder County that drains into the Columbia River watershed; (6) the Sevier River Watershed, comprised of the portions of Kane, Garfield, Wayne, Piute, Emery, Sevier, Sanpete, Carbon, Utah, Juab, Tooele, Millard, and Beaver counties that drain into the Sevier River; (7) the Cedar-Beaver Watershed, comprised of the portions of Washington, Iron, Beaver, Garfield, Piute, and Millard counties that historically drained into Sevier Lake; (8) the Uintah Watershed, comprised of the portions of Daggett, Summit, Duchesne, Uintah, Wasatch, Carbon, Grand, and Emery counties that drain into the Green and Colorado rivers; (9) the West Colorado River Watershed, comprised of the portions of Duchesne, Wasatch, Carbon, Sanpete, Sevier, Emery, Grand, Wayne, San Juan, Garfield, and Kane counties that drain into the Colorado River; (10) the Southeast Colorado River Watershed, comprised of the portions of Grand, Wayne, San Juan, and Garfield counties that drain into the San Juan and Colorado rivers; (11) the Kanab Creek-Virgin River Watershed, comprised of the portions of Iron, Washington, and Kane counties that drain into the Colorado River; and (12) the Great Salt Lake Watershed, comprised of the West Desert, Bear River, Weber River, Jordan River, and Utah Lake watersheds.
Utah Code § 73-31-302 — Utah Code / Title 73 / Chapter 73-31 / § 73-31-302
§ 73-31-302. Contract water bank application.
Status: in_force

(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: (a) the name of the contract water bank; (b) the mailing address for the contract water bank; (c) the proposed service area map for the contract water bank; (d) a description of how the contract water bank's governing body will be structured and operate; (e) a description for how water delivery requests and loaned water rights are to be administered; (f) criteria for the participation, if any, of non-public entities; (g) includes a copy of the contract, provided that a public entity may redact any information that is private, controlled, protected, or otherwise restricted under Title 63G, Chapter 2, Government Records Access and Management Act; (h) information regarding how the public can learn when the submittal of an application or contract that is the basis of the contract water bank is on the agenda of a public meeting of the public entity under Title 52, Chapter 4, Open and Public Meetings Act; (i) whether the contract water bank will accept deposits of surface water rights or groundwater rights, provided that a contract water bank may not accept deposits of both surface water rights and groundwater rights; and (j) the process the contract water bank will follow if the contract water bank terminates, dissolves, or the board revokes the contract water bank's approval to operate pursuant to this chapter, including how the contract water bank will return banked water rights to depositors and how the contract water bank will return any amounts owing to depositors. (2) The board may prepare a form or online application for an applicant to use in submitting an application to the board under this part.
Utah Code § 73-10g-402 — Utah Code / Title 73 / Chapter 73-10g / § 73-10g-402
§ 73-10g-402. Development of an integrated water assessment.
Status: in_force

(1) The division shall develop and implement an integrated surface and ground water assessment for the Great Salt Lake watershed. (2) The integrated water assessment may in relationship with the Great Salt Lake watershed: (a) provide an assessment of the amounts and quality of available water resources; (b) assess and forecast the quantity of water available for human, agricultural, economic development, and environmental or instream uses, and ecological needs, including: (i) current and future water supply and demand and the factors that influence availability; (ii) long-term trends in water availability and the causes of those trends; and (iii) seasonal and decadal forecasts of availability; (c) investigate the potential benefits of forest management and watershed restoration in: (i) improving snowpack retention; (ii) increasing soil moisture; (iii) sustaining river flows in low flow seasons; (iv) mitigating wildfire risk; and (v) improving water quality; (d) coordinate an effort to: (i) quantify the amount of water and water quality needed to sustain high priority ecological sites in rivers, riparian, wetland, and lake systems; and (ii) incorporate the water demand into the water supply and demand model; (e) identify and evaluate best management practices that may be used to provide a reliable water supply that: (i) meet water quality objectives; (ii) meet agriculture water objectives; (iii) accommodate anticipated growth and economic development; and (iv) provide adequate flow to sustain the Great Salt Lake, the Great Salt Lake's wetlands, and other ecological functions in the Great Salt Lake's watershed; (f) investigate the potential impacts of water reuse projects on the Great Salt Lake; and (g) address other matters identified in the work plan. (3) The integrated water assessment shall include a water budget for the Great Salt Lake and the Great Salt Lake's associated wetlands, including water flows needed to maintain different lake levels under different scenarios, taking into consideration water quality, ecological needs, economic benefits, and public health benefits of the Great Salt Lake. (4) In developing and implementing the integrated water assessment, the division shall: (a) consult and coordinate with other state, local, regional, and federal governmental entities, water users, and other stakeholders; and (b) coordinate with, and where appropriate, consider or incorporate other planning efforts, assessments, studies, or reports relevant to the Great Salt Lake watershed.
Utah Code § 73-3-12 — Utah Code / Title 73 / Chapter 73-3 / § 73-3-12
§ 73-3-12. Time limit on construction and application to beneficial use -- Extensions -- Procedures and criteria.
Status: in_force

(1) As used in this section: (a) "Public water supplier" is as defined in Section 73-1-4. (b) "Wholesale electrical cooperative" is as defined in Section 54-2-1. (2) (a) Within the time set by the state engineer under Subsection 73-3-10(5), an applicant shall: (i) construct works, if necessary; (ii) apply the water to beneficial use; and (iii) file proof with the state engineer in accordance with Section 73-3-16. (b) Except as provided by Subsection (4), the state engineer shall extend the time in which an applicant shall comply with Subsection (2)(a) if: (i) the date set by the state engineer is not after 50 years from the day on which the application is approved; and (ii) the applicant shows: (A) reasonable and due diligence in completing the appropriation; or (B) a reasonable cause for delay in completing the appropriation. (c) An applicant shall file a request for an extension of time with the state engineer on or before the date set for filing proof. (d) The state engineer may grant an extension of time authorized by Subsection (2)(b) if the state engineer sets a date: (i) no later than 14 years from the day on which the application is approved if the applicant meets the requirements of Subsection (2)(b); and (ii) after 14 years from the day on which the application is approved if: (A) the applicant meets the requirements of Subsection (2)(b); and (B) the state engineer publishes notice as provided in Subsection (2)(e). (e) (i) The state engineer shall publish a notice of the request for an extension of time: (A) once a week for two successive weeks, in a newspaper of general circulation, in the county: (I) in which the water source is located; and (II) where the water will be used; and (B) in accordance with Section 45-1-101 for two weeks. (ii) The notice shall: (A) state that a request for an extension of time has been made; and (B) specify where an interested party may obtain additional information relating to the request. (f) A person who owns a water right or holds an application from the water source referred to in Subsection (2)(e) may file a protest with the state engineer: (i) within 20 days after the notice is published, if the adjudicative proceeding is informal; and (ii) within 30 days after the notice is published, if the adjudicative proceeding is formal. (g) The approved extension of time is effective so long as the applicant continues to exercise reasonable and due diligence in completing the appropriation. (h) The state engineer shall consider the holding of an approved application by a public water supplier or a wholesale electrical cooperative to meet the reasonable future water or electricity requirements of the public to be reasonable and due diligence in completing the appropriation for the purposes of this section for 50 years from the date on which the application is approved. (i) If the state engineer finds unreasonable delay or lack of reasonable and due diligence in completing the appropriation, the state engineer may: (i) deny the extension of time; or (ii) grant the request in part or upon conditions, including a reduction of the priority of all or part of the application. (3) Except as provided by Subsection (4), an application upon which proof has not been filed shall lapse and have no further force or effect after 50 years from the date on which the application is approved. (4) (a) If the works are constructed with which to make beneficial use of the water applied for, the state engineer may, upon showing of that fact, extend the time in which to file proof by setting a date after 50 years from the day on which the application is approved. (b) (i) The state engineer may extend the time in which the applicant shall comply with Subsection (2)(a) by setting a date after 50 years from the day on which the application is approved if the applicant: (A) is a public water supplier or a wholesale electrical cooperative; and (B) provides information that shows the water applied for in the application is needed to meet the reasonable future requirements of the public. (ii) The information provided by a public water supplier shall be in accordance with the criteria listed in Subsection 73-1-4(2)(f). (iii) A wholesale electrical cooperative shall provide the information described in Subsection (4)(b)(i)(B) in a report that forecasts: (A) the need for the water to produce power; and (B) the power output of the project for the wholesale electrical cooperative within the next 40 years. (c) The state engineer shall extend the time in which to file proof by setting a reasonable date after 50 years from the day on which the application is approved if the applicant: (i) meets the requirements in Subsection (4)(b); and (ii) has: (A) constructed works to apply the water to beneficial use; or (B) made substantial expenditures to construct the works.
Utah Code § 73-26-403 — Utah Code / Title 73 / Chapter 73-26 / § 73-26-403
§ 73-26-403. Immunity from suit -- Exception.
Status: in_force

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 63G-7-301.
Utah Code § 73-3-3 — Utah Code / Title 73 / Chapter 73-3 / § 73-3-3
§ 73-3-3. Changes to a water right.
Status: in_force

(1) As used in this section: (a) "Agricultural water optimization project" means a project that: (i) accomplishes agricultural water optimization as defined in Section 73-10g-203.5; and (ii) generates saved water. (b) "Change" means a change to the: (i) point of diversion; (ii) place of use; (iii) period of use; (iv) nature of use; or (v) storage of water. (c) "Fixed time change" means a change for a fixed period of time exceeding one year and not exceeding 10 years, including a fixed time change described in Section 73-3-30. (d) "Net decrease in depletion" means a net decrease in water consumed that is accomplished by implementing an agricultural water optimization project under a perfected water right. (e) "Net reduction in diversion" means a net decrease in water diverted under a perfected water right that is accomplished by implementing an agricultural water optimization project. (f) "Permanent change" means a change, for an indefinite period of time, including a permanent change described in Section 73-3-30. (g) "Person entitled to the use of water" means: (i) the holder of an approved but unperfected application to appropriate water; (ii) the record owner of a perfected water right; (iii) a person who has written authorization from a person described in Subsection (1)(g)(i) or (ii) to file a change application on that person's behalf; or (iv) a shareholder in a water company who is authorized to file a change application in accordance with Section 73-3-3.5. (h) (i) "Quantity impairment" means any reduction in the amount of water a person is able to receive in order to satisfy an existing right to the use of water that would result from an action proposed in a change application, including: (A) diminishing the quantity of water in the source of supply for the existing right; (B) a change in the timing of availability of water from the source of supply for the existing right; or (C) enlarging the quantity of water depleted by the nature of the proposed use when compared with the nature of the currently approved use. (ii) "Quantity impairment" does not mean a decrease in the static level of water in an underground basin or aquifer that would result from an action proposed to be taken in a change application, if the volume of water necessary to satisfy an existing right otherwise remains reasonably available. (i) "Saved water" means: (i) the net decrease in depletion or net reduction in diversion resulting from an agricultural water optimization project as quantified by the state engineer in a final order approving a change application filed under this section: (A) on a perfected water right; (B) issued before the commencement of physical construction of the agricultural water optimization project; and (C) describing the agricultural water optimization project and, as applicable, the net decrease in depletion and net reduction in diversion; or (ii) as applicable, the net decrease in depletion and net reduction in diversion recognized in a certificate issued by the state engineer according to Section 73-3-17 after an applicant has filed proof of appropriation on an approved change application described in Subsection (3)(d). (j) "Split season change" means a change when the holder of a perfected right grants to a water user the right to make sequential use of a portion of the water right. (k) "Temporary change" means a change for a period of time, not exceeding one year, including a temporary change described in Section 73-3-30. (2) (a) A person who proposes to file a change application may request consultation with the state engineer, or the state engineer's designee, before filing the application to review the requirements of the change application process, discuss potential issues related to the change, and provide the applicant with information. (b) Statements made and information presented in the consultation are not binding on the applicant or the state engineer. (c) The consultation described in Subsection (2)(a) may occur in the state engineer's regional office for the region where the proposed change would occur. (3) (a) A person entitled to the use of water may make a change to an existing right to use water, including a right involved in a general determination of rights or other suit, if: (i) the person makes the change in accordance with this section; (ii) except as provided by Section 73-3-30, the change does not impair an existing right without just compensation or adequate mitigation; and (iii) the state engineer approves the change application, consistent with Section 73-3-8. (b) A change application on a federal reclamation project water right shall be signed by: (i) the local water users organization that is contractually responsible for: (A) the operation and maintenance of the project; or (B) the repayment of project costs; and (ii) the record owner of the water right. (c) A change application on a United States Indian Irrigation Service water right that is serving the needs of a township or municipality shall be signed by: (i) the local public water supplier that is responsible for the operation and maintenance of the public water supply system; and (ii) the record owner of the water right. (d) A person entitled to the use of water may file a change application on a perfected water right to request the state engineer to: (i) quantify saved water; or (ii) subject to Section 73-3-8, allow beneficial use of saved water separate from the underlying water right that serves as the basis of the saved water. (4) (a) Before making a change, a person entitled to the use of water shall submit a change application upon forms furnished by the state engineer. (b) The application described in Subsection (4)(a) shall include: (i) the applicant's name; (ii) the water right description, including the water right number; (iii) the water quantity; (iv) the stream or water source; (v) if applicable, the point on the stream or water source where the water is diverted; (vi) if applicable, the point to which it is proposed to change the diversion of the water; (vii) the place, nature, period, and extent of the currently approved use; (viii) the place, nature, period, and extent of the proposed use; (ix) if the change applicant is submitting a change application in accordance with Section 73-3-3.5, the information required by Section 73-3-3.5; (x) any proposed change to the storage of water; (xi) if the change application proposes to quantify saved water, the anticipated quantity of saved water; and (xii) any other information that the state engineer requires. (c) A shareholder in a water company who seeks to make a change to a water right to which the water company is the record owner shall file a change application in accordance with Section 73-3-3.5. (5) In a proceeding before the state engineer, the applicant has the burden of producing evidence sufficient to support a reasonable belief that the change can be made in compliance with this section and Section 73-3-8, including evidence: (a) that the change will not cause a specific existing right to experience quantity impairment; (b) if applicable, rebutting the presumption of quantity impairment described in Subsection 73-3-8(6)(c); and (c) that, if the change application proposes to quantify saved water: (i) the net decrease in depletion or net reduction in diversion can be reliably sustained over the life of the agricultural water optimization project; and (ii) an agricultural water optimization project proposing a net reduction in diversion does not increase depletion allowed by the underlying perfected water right that serves as the basis of the saved water. (6) A change of an approved application to appropriate water does not: (a) affect the priority of the original application to appropriate water; or (b) extend the time period within which the construction of work is to begin or be completed. (7) Any person who makes a change without first filing and obtaining approval of a change application providing for the change: (a) (i) obtains no right by the change; (ii) is guilty of an offense punishable under Section 73-2-27 if the change is made knowingly or intentionally; and (iii) shall comply with the change application process; and (b) obtains no right to saved water. (8) (a) This section does not apply to the replacement of an existing well by a new well drilled within a radius of 150 feet from the point of diversion of the existing well. (b) A replacement well must be drilled in accordance with the requirements of Section 73-3-28.
Utah Code § 73-29-202 — Utah Code / Title 73 / Chapter 73-29 / § 73-29-202
§ 73-29-202. Public right to float on public waters.
Status: in_force

(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) Subsection (1) includes the right to: (a) incidentally touch private property as required for safe passage and continued movement; (b) portage around a dangerous obstruction in the water, if portage is made in a manner that is: (i) most direct; (ii) least invasive; and (iii) closest to the water; and (c) fish while floating. (3) A person exercising the right that this section recognizes: (a) shall enter and exit the water at a point on public property or private property with permission of the owner; and (b) may not stop on private property. (4) (a) The right this section recognizes does not prevent the establishment of broader public recreational access in accordance with this chapter. (b) Notwithstanding Subsection (4)(a), the right this section recognizes does not establish broader public recreational access.
Utah Code § 73-3d-101 — Utah Code / Title 73 / Chapter 73-3d / § 73-3d-101
§ 73-3d-101. Definitions.
Status: in_force

As used in this chapter: (1) "Electric utility" means: (a) a municipal electric utility, as defined in Section 10-19-102; (b) an electric interlocal entity, as defined in Section 11-13-103; (c) an energy services interlocal entity, as defined in Section 11-13-103; (d) a project entity, as defined in Section 11-13-103; (e) an electric improvement district, as defined in Section 17B-2a-406; or (f) an electrical corporation, as defined in Section 54-2-1. (2) "Local food" means the same as that term is defined in Section 4-1-109. (3) "Military facility" means an installation, base, air field, camp, post, station, yard, center, or other facility owned, leased, or operated by, or under the jurisdiction of, the United States Department of Defense or the National Guard. (4) "Person entitled to make a request" means: (a) the holder of an approved but unperfected application to appropriate water; (b) the record owner of a perfected water right; or (c) a person who provides water using an approved but unperfected application or a perfected water right with the written authorization of a person described in Subsection (4)(a) or (b). (5) "Temporary water shortage emergency" means an interruption of water delivery for which the governor may declare an emergency in accordance with Section 73-3d-201.
Utah Code § 73-3d-403 — Utah Code / Title 73 / Chapter 73-3d / § 73-3d-403
§ 73-3d-403. Security requirements.
Status: in_force

(1) As a condition of participating in mediation or arbitration under Section 73-3d-402, 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 credit, trust fund agreement, or any other security agreement considered reasonable in an amount not less than $100,000. (2) The bond or other security posted shall be conditioned upon: (a) the faithful performance in mediation or arbitration; and (b) the payment of amounts owed under Section 73-3d-402. (3) If the department determines that the conditions of Subsection (2) are not met, the commissioner of the department shall bring an action upon the bond or other security.
Utah Code § 73-34-301 — Utah Code / Title 73 / Chapter 73-34 / § 73-34-301
§ 73-34-301. Program created -- Application process -- Rulemaking.
Status: in_force

(1) The board shall establish a program for the leasing of agricultural water from agricultural water users for the benefit of the Great Salt Lake. (2) The board shall annually set rates under the program for the leasing of agricultural water from an agricultural water user. When determining rates for a lease under this chapter, the board shall consider the five-year average price for alfalfa hay, based on the United States Department of Agriculture Utah Direct Hay Report. (3) (a) The board shall at least annually accept applications for the leasing of agricultural water for the benefit of the Great Salt Lake. (b) The board shall at least annually award the leases of agricultural water under the program. (4) Subject to Section 73-34-302, the board shall establish ranking and other criteria to determine from whom the board may lease agricultural water, except that the board shall prioritize senior adjudicated water rights. (5) The board shall work cooperatively with the commissioner related to the commissioner's negotiation of agreements, leases, or other means to acquire or lease water or water rights for the benefit of the Great Salt Lake under Section 73-32-202. (6) The board may, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, make rules establishing: (a) the process for setting rates under Subsection (2); (b) how a person submits an application, including the information required to be submitted; (c) the criteria for awarding leases; (d) conditions the board imposes on the award of a lease; and (e) other matters necessary to administer leases under this chapter.
Utah Code § 73-31-305 — Utah Code / Title 73 / Chapter 73-31 / § 73-31-305
§ 73-31-305. Amending application.
Status: in_force

(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 follow the procedures of Sections 73-31-303 and 73-31-304 to approve an amendment to a contract water bank's application. (2) An amendment approved by the board becomes effective on the first day of the next reporting year.
Utah Code § 73-15-3 — Utah Code / Title 73 / Chapter 73-15 / § 73-15-3
§ 73-15-3. Cloud seeding to increase precipitation -- Control of Division of Water Resources -- Powers and authority of division -- "Cloud seeding" and "cloud-seeding project" defined.
Status: in_force

The state of Utah through the Division of Water Resources shall be the only entity, private or public, that shall have authority to authorize cloud-seeding research, evaluation, or implementation projects to alter precipitation, cloud forms, or meteorological parameters within the state of Utah, except cloud seeding for the suppression of fog; and frost prevention measures for the protection of orchards and crops are excluded from the coverage of this act. The Division of Water Resources shall authorize and may sponsor or develop local or state-wide cloud-seeding projects that conform to over-all state water planning objectives and are determined to be feasible by the Division of Water Resources. The Division of Water Resources may contract with the Utah water research laboratory or any other individual or organization for consultation and/or assistance in developing cloud-seeding projects or in furthering necessary research of cloud seeding or other factors that may be affected by cloud-seeding activities. Cloud seeding as used in this act shall be construed to mean all acts undertaken to artificially distribute or create nuclei in cloud masses for the purposes of altering precipitation, cloud forms, or other meteorological parameters. A cloud-seeding project as used in this act shall be a planned project to evaluate meteorological conditions, perform cloud seeding, and evaluate results.
Utah Code § 73-18-20.1 — Utah Code / Title 73 / Chapter 73-18 / § 73-18-20.1
§ 73-18-20.1. Seizure of a vessel.
Status: in_force

(1) A peace officer, without a warrant, may seize and take possession of a vessel: (a) that is placed or being operated on the waters of this state with improper registration; (b) that the peace officer has reason to believe has been stolen; (c) on which any hull identification number or serial number for an engine or outboard motor has been defaced, altered, or obliterated; (d) that has been abandoned on public land, highways, or waters of this state; or (e) if the registration or title fees for the vessel or outboard motor have not been paid. (2) If necessary for the transportation of a seized vessel, the vessel's trailer may be seized to transport and store the vessel. (3) Any peace officer seizing or taking possession of a vessel under this section shall comply with the provisions of Section 41-6a-1406.
Utah Code § 73-5a-602 — Utah Code / Title 73 / Chapter 73-5a / § 73-5a-602
§ 73-5a-602. State engineer to specify contents of emergency action plans.
Status: in_force

By May 1, 1991, the state engineer shall adopt rules specifying the contents of an emergency action plan.
Utah Code § 73-10c-4.2 — Utah Code / Title 73 / Chapter 73-10c / § 73-10c-4.2
§ 73-10c-4.2. Drinking water projects -- Loan criteria and requirements -- Process for approval.
Status: in_force

(1) The Drinking Water Board shall review the plans and specifications for a drinking water project before approval of any loan and may condition approval on the availability of loan funds and on the assurances that the Drinking Water Board considers necessary to ensure that loan funds are used to pay the drinking water project costs and that the drinking water project is completed. (2) (a) Each loan shall specify the terms for repayment, with the term, interest rate or rates, including a variable rate, and security as determined by the Drinking Water Board. (b) The loan may be evidenced by general obligation or revenue bonds or other obligations of the political subdivision. (c) Loan payments made by a political subdivision shall be deposited in the Drinking Water Security Subaccount as described in Section 73-10c-5. (d) The loans are subject to the provisions of Title 63B, Chapter 1b, State Financing Consolidation Act. (3) In determining the priority for a drinking water project loan, the Drinking Water Board shall consider: (a) the ability of the political subdivision to obtain money for the drinking water project from other sources or to finance such project from its own resources; (b) the ability of the political subdivision to repay the loan; (c) whether or not a good faith effort to secure all or part of the services needed from the private sector of the economy has been made; and (d) whether or not the drinking water project: (i) meets a critical local or state need; (ii) is cost effective; (iii) will protect against present or potential health hazards; (iv) is needed to comply with minimum standards of the federal Safe Drinking Water Act, or any similar or successor statute; (v) is needed to comply with the minimum standards of Title 19, Chapter 4, Safe Drinking Water Act, or any similar or successor statute; and (vi) meets any other consideration considered necessary by the Drinking Water Board. (4) In determining the cost effectiveness of a drinking water project the Drinking Water Board shall: (a) require the preparation of a cost-effective analysis of feasible drinking water projects; (b) consider monetary costs, including the present worth or equivalent annual value of all capital costs and operation, maintenance, and replacement cost; and (c) ensure that the alternative selected is the most economical means of meeting applicable water quality or public health requirements over the useful life of the facility while recognizing environmental and other nonmonetary considerations. (5) A loan may not be made for a drinking water project that is not in the public interest as determined by the Drinking Water Board.