Utah Code § 73-10g-604 — Utah Code / Title 73 / Chapter 73-10g / § 73-10g-604
§ 73-10g-604. State council's general duties related to prioritizing -- Reporting -- Relevant agency actions.
Status: in_force

(1) The state council shall: (a) beginning with fiscal year 2027, determine priorities and funding levels of water infrastructure projects for each fiscal year based on the water infrastructure projects ranked by relevant agencies under Section 73-10g-603; (b) hold public meetings in accordance with Title 52, Chapter 4, Open and Public Meetings Act, and otherwise provide for public input on funding of water infrastructure projects; and (c) make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, necessary to perform the state council's duties related to: (i) adopting the unified water infrastructure plan; (ii) adopting a written prioritization process; and (iii) prioritizing and setting funding levels for water infrastructure projects. (2) (a) For water infrastructure projects prioritized with funding provided under this title, the state council shall annually report, by no later than the October interim meeting of the Legislature, to the Legislative Water Development Commission: (i) a prioritized list of the water infrastructure projects and the funding levels available for those water infrastructure projects; and (ii) the unfunded water infrastructure projects and maintenance needs within the state. (b) The Legislative Water Development Commission shall: (i) review the prioritized list reported by the state council; and (ii) recommend to the Legislature: (A) the amount of additional funding to allocate to water infrastructure projects; and (B) the source of revenue for the additional funding allocation under Subsection (2)(b)(ii)(A). (3) A relevant agency shall administer money prioritized under this part in a manner consistent with this part.
Utah Code § 73-29-203 — Utah Code / Title 73 / Chapter 73-29 / § 73-29-203
§ 73-29-203. Establishment of public recreational access.
Status: in_force

(1) Public recreational access is established if: (a) 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 September 22, 1982; and (b) the public use has been: (i) continuous during the season conducive to the recreational access; (ii) open and notorious; (iii) adverse; and (iv) without interruption. (2) The permissive use of a public water on private property granted by the owner is not an adverse use. (3) (a) A property owner's overt act intended to interrupt uninvited recreational access is a sufficient interruption to restart any period of use that may have already begun under Subsection (1) if the evidence, taken as a whole, shows that the act came to the attention of the public or resulted in actual interruption. (b) If an overt act is established in a final judgment to have interrupted recreational access, no other person may challenge the existence of the overt act in a subsequent action. (4) The extent and nature of the public recreational access permitted under Subsection (1) is determined by the nature of the historical recreational access during the 10 consecutive years required under Subsection (1). (5) When a public water is a lake, pond, or reservoir located on a natural stream and on private property, any portion that has been developed or protected for private hunting is not subject to public recreational access even though the remainder of the public water qualifies for public recreational access under this section. (6) A right of public recreational access on private property, established in accordance with this section, may not be closed without authorization of other law.
Utah Code § 73-4-1 — Utah Code / Title 73 / Chapter 73-4 / § 73-4-1
§ 73-4-1. Action for a general adjudication of water rights -- Requirements for state engineer to file -- Adjudication area divisions.
Status: in_force

(1) (a) Five or more, or a majority of, water users of a water source may submit a signed, verified petition to the state engineer requesting an investigation of the rights of all claimants to the water of the water source. (b) Upon receipt of a petition described in Subsection (1)(a), the state engineer shall: (i) investigate whether the facts and circumstances of the water source and its claimants justify a general determination of water rights; and (ii) if justified, file an action in the district court for a general adjudication of water rights. (c) In any suit involving water rights the court may order an investigation by the state engineer of all the water rights on the source or system involved, as provided in this chapter. (2) (a) The executive director of the Department of Environmental Quality, with the concurrence of the governor, may request that the state engineer file in the district court an action to determine the various water rights in the stream, water source, or basin for an area within the exterior boundaries of the state for which any person or organization or the federal government is actively pursuing or processing a license application for a storage facility or transfer facility for high-level nuclear waste or greater than class C radioactive waste. (b) Upon receipt of a request made under Subsection (2)(a), the state engineer shall file an action in the district court for a general adjudication of water rights. (c) If a general adjudication is filed in the state district court regarding the area requested pursuant to Subsection (2)(a), the state engineer and the state attorney general shall join the United States as a party to the action. (3) When an action for a general adjudication of water rights for a certain area is filed in district court, the state engineer may divide the general adjudication area into divisions and subdivisions if the state engineer: (a) fulfills the requirements of this chapter individually for each division or subdivision; and (b) petitions the court to incorporate the decrees for all the divisions and subdivisions within a general adjudication area into a final decree for the entire general adjudication area.
Utah Code § 73-35-302 — Utah Code / Title 73 / Chapter 73-35 / § 73-35-302
§ 73-35-302. Term -- Removal of river commissioner.
Status: in_force

7/1/2026 (1) After the appointment under Subsection 73-34-301(1)(a) expires, the term of the river commissioner is four years. (2) The authority, with the consent of the governor, may remove the river commissioner if the authority finds that the river commissioner has engaged in neglect of duty or malfeasance in office. If the river commissioner is removed under this Subsection (2), the removed river commissioner may not serve as chair of the authority or as a member of the authority.
Utah Code § 73-23-3 — Utah Code / Title 73 / Chapter 73-23 / § 73-23-3
§ 73-23-3. Duties and powers of Division of Water Resources.
Status: in_force

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 for all or any portion of the West Desert Pumping Project, including any indemnification agreements required by the federal government; (3) may acquire land or any other property right by any lawful means, including eminent domain; (4) is exempt from Title 63G, Chapter 6a, Utah Procurement Code; and (5) may proceed without obtaining water right approval from the state engineer.
Utah Code § 73-5a-105 — Utah Code / Title 73 / Chapter 73-5a / § 73-5a-105
§ 73-5a-105. Independent consultants -- Owner to pay costs.
Status: in_force

(1) The state engineer may require the owner of a dam or proposed dam to obtain the services of an independent consultant or team of consultants approved by the state engineer to consult regarding the adequacy of the design, construction, or operation of the dam if safety considerations pertaining to the design, construction, or operation of the dam warrant an independent review. (2) The state engineer shall make rules specifying: (a) the safety considerations that will be considered in determining if an independent review is required; (b) the requisite qualifications and experience of the independent consultants; and (c) the timing of the consultants' review so that their recommendations are made in a timely manner. (3) (a) The independent consultants shall be considered to be the agents of the owner of the dam. (b) The costs of the independent consultants' services shall be paid by the owner of the dam. (c) The owner of the dam may require the independent consultants to consider other issues, in addition to safety considerations, such as: (i) design selections or alternatives; (ii) site selection; (iii) cost effectiveness; or (iv) other tasks as defined by the contract.
Utah Code § 73-10-24 — Utah Code / Title 73 / Chapter 73-10 / § 73-10-24
§ 73-10-24. Water Resources Conservation and Development Fund created.
Status: in_force

There is created a Water Resources Conservation and Development Fund to further enhance the state's ability to carry out the policy described in Section 73-10-1. The fund shall be administered by the Board of Water Resources. The fund is a revolving fund established for the construction, operation, and maintenance of projects considered by the board to be outside the scope of financing by the Water Resources Construction Fund, as created by Section 73-10-8, and shall include, but not be limited to, flood control projects.
Utah Code § 73-10-8 — Utah Code / Title 73 / Chapter 73-10 / § 73-10-8
§ 73-10-8. Water Resources Construction Fund -- Creation and contents of fund -- Use -- Investigation Account created -- Interest -- Retainage -- Loans and grants for dam safety work.
Status: in_force

(1) There is created the Water Resources Construction Fund, which consists of: (a) money appropriated or otherwise made available to it by the Legislature; (b) money from the sale or management of the 500,000 acres of land selected for the establishment of reservoirs under Section 12 of the Utah Enabling Act; (c) charges assessed against water and power users pursuant to Section 73-10-6; and (d) interest accrued pursuant to Subsection (5). (2) The board may authorize the use of money in the fund for the following purposes: (a) to develop water conservation projects, including paying the costs of construction, engineering, investigation, inspection, and other related expenses; (b) to provide loans and grants to dam owners to conduct dam safety studies; (c) to provide loans and grants to dam owners: (i) to upgrade dams in conformance with the minimum standards established by the state engineer in rules; or (ii) for nonstructural solutions developed to meet minimum standards or lower hazard ratings that are approved by the state engineer, including the purchase of habitable structures, purchase of flood easements, and installation of early warning systems; or (d) as otherwise provided by law. (3) The board may provide for the repayment of the costs of investigation, engineering, and inspection out of the first money to be paid under a contract for the construction of a water project. The money repaid shall be deposited into a subaccount within the Water Resources Construction Fund known as the Investigation Account, to be used by the board for the purpose of making investigations for the development and use of the water resources of the state. (4) Contributions of money, property, or equipment may be received from any political subdivision of the state, federal agency, water users' association, person, or corporation for use in making investigations, constructing projects, or otherwise carrying out the purposes of this section. (5) All money deposited into the Water Resources Construction Fund shall be invested by the state treasurer with interest accruing to the Water Resources Construction Fund. (6) If any payment on a contract with a private contractor to construct a project funded by the Water Resources Construction Fund is retained or withheld, it shall be retained or withheld and released as provided in Section 13-8-5. (7) Loans to dam owners for dam safety studies and to upgrade dams in conformance with minimum standards shall be secured by taking water rights associated with the dam. (8) The following restrictions apply to any grant made to a dam owner for a dam safety study: (a) only a nonprofit mutual irrigation company or a water users association is eligible to receive a grant; (b) the dam safety study shall be required by the state engineer pursuant to Section 73-5a-503; and (c) the amount of any grant shall be limited to up to 50% of the costs of the dam safety study. (9) (a) The board may provide grants to mutual irrigation companies and water users associations to upgrade dams in conformance with minimum standards of the state engineer. Each grant authorized by the board for the upgrade of a dam of a mutual irrigation company or water users association in conformance with the minimum standards shall be sufficient to pay for 80% of the costs to upgrade the dam. (b) (i) Pursuant to guidelines specified in Subsection (9)(b)(ii), the board may provide loans or grants, or both, to entities other than mutual irrigation companies and water users associations to upgrade dams in conformance with minimum standards of the state engineer. (ii) In determining the type of financial assistance to be provided to an entity other than a mutual irrigation company or water users association, the board shall consider the dam owner's ability to pay and may consider other factors including: (A) the degree of hazard; (B) the threat to public safety; (C) the state engineer's priority list of dams; (D) the cost effectiveness of the restoration; (E) the number of potential and actual applications for financial assistance; and (F) the funds available. (10) The amount of money in the fund that may be used for grants for dam safety studies shall be limited to the amount of money appropriated to the fund for that purpose. (11) The board shall consult with the state engineer in establishing a priority list of dams to be upgraded with money in the fund. (12) A dam owner who has initiated or completed construction approved by the state engineer to upgrade the dam in conformance with minimum standards may apply for a grant or loan from the board as reimbursement for those construction expenditures.
Utah Code § 73-26-103 — Utah Code / Title 73 / Chapter 73-26 / § 73-26-103
§ 73-26-103. Definitions.
Status: in_force

As used in this chapter: (1) "Board" means the Board of Water Resources. (2) (a) "Construction costs" means all costs related to the development of a project, except the costs of environmental mitigation. (b) Construction costs include: (i) planning; (ii) engineering and legal work; (iii) permitting; (iv) acquisition of land and rights-of-way; (v) rebuilding and relocation of highways or other facilities affected by the project; (vi) compensation for impairment of existing water rights; (vii) construction of the dam, reservoir, and associated facilities; and (viii) expenses of the division related to the project. (3) "Developed waters" means surface water developed by projects authorized under this chapter. (4) "Division" means the Division of Water Resources. (5) "Environmental mitigation costs" means costs that may be required by federal, state, or local governmental agencies for project environmental permitting, including: (a) planning; (b) environmental and engineering studies; (c) permitting; (d) acquisition of land and rights-of-way; and (e) operation, maintenance, and repair of facilities associated with project environmental mitigation. (6) "Preconstruction costs" means any of the following costs incurred before project construction begins: (a) planning; (b) design; (c) engineering studies; (d) legal work; (e) permitting; (f) acquisition of land and rights-of-way; (g) compensation for impairment of existing water rights; (h) environmental studies; or (i) any combination of Subsections (6)(a) through (h). (7) "Project costs" include preconstruction costs, construction costs, environmental mitigation costs, and costs of operation, maintenance, repair, and replacement.
Utah Code § 73-23-4 — Utah Code / Title 73 / Chapter 73-23 / § 73-23-4
§ 73-23-4. Legislative findings.
Status: in_force

(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 life, health, and property. (2) The Legislature finds that the level of the Great Salt Lake can be lowered by implementing a long-term program to develop waters upstream of the lake. A water development program will have other beneficial uses, including the provision of municipal and industrial water to meet the needs of the state's growing population.
Utah Code § 73-26-402 — Utah Code / Title 73 / Chapter 73-26 / § 73-26-402
§ 73-26-402. Rulemaking power of the board.
Status: in_force

In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, 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) establish procedures for reviewing offers to contract for the sale or lease of developed water; and (4) set the interest rate for repayment of construction and environmental mitigation costs.
Utah Code § 73-4-24 — Utah Code / Title 73 / Chapter 73-4 / § 73-4-24
§ 73-4-24. Petition for expedited hearing of objection -- Petition for limited determination.
Status: in_force

(1) A claimant to the use of water may petition the court to expedite the hearing of a valid, timely objection to a report and proposed determination prepared in accordance with Section 73-4-11 in which the claimant has a direct interest. (2) A petition under Subsection (1) shall identify any party directly affected by the objection, if known to the claimant, and state why the hearing of the objection should be expedited. (3) A petitioner under Subsection (1) shall notify those affected by the petition as directed by the court. (4) The court may grant a petition under Subsection (1) if: (a) the court finds that the expedited hearing is necessary in the interest of justice; (b) granting the petition will facilitate a reasonably prompt resolution of the matters raised in the objection; and (c) granting the petition does not prejudice the right of another claimant. (5) During the pendency of a general adjudication suit, a claimant or group of claimants may petition the court to direct the state engineer to prepare a proposed determination and hydrographic survey map for a limited area within the general adjudication area in which the claimant or group of claimants has a claim. (6) The court may grant a petition under Subsection (5) if: (a) the claimant or group of claimants will suffer prejudice if the petition is not granted; (b) the matters raised by the claimant or group of claimants are proper for determination in a general adjudication; (c) granting the petition will not unduly burden the state engineer's resources; and (d) granting the petition will not unduly interfere with the state engineer's discretion to allocate resources for the preparation of another proposed determination. (7) If the court grants a petition under this section, the state engineer shall comply with this chapter in satisfying the court's order.
Utah Code § 73-3-29 — Utah Code / Title 73 / Chapter 73-3 / § 73-3-29
§ 73-3-29. Relocation of natural streams -- Written permit required -- Emergency work -- Violations.
Status: in_force

(1) Except as provided in Subsection (2), a state agency, county, city, corporation, or person may not relocate any natural stream channel or alter the beds and banks of any natural stream without first obtaining the written approval of the state engineer. (2) (a) The state engineer may issue an emergency permit or order to relocate a natural stream channel or alter the beds and banks of a natural stream as provided by this Subsection (2) and Section 63G-4-502. (b) Subject to the requirements of this section, a person may take steps reasonably necessary to alleviate or mitigate a threat before a written permit is issued if an emergency situation arises which involves: (i) immediate or actual flooding; or (ii) threatens the health or well-being of a person. (c) (i) If a threat described in Subsection (2)(b) occurs during normal working hours, the state engineer or the state engineer's representative must be notified immediately of the threat. After receiving notification of the threat, the state engineer or the state engineer's representative may orally approve action to alleviate or mitigate the threat. (ii) If a threat described in Subsection (2)(b) does not occur during normal working hours, action may be taken to alleviate or mitigate the threat and the state engineer or the state engineer's representative shall be notified of the action taken on the first working day following the action. (d) A written application outlining the action taken or the action proposed to be taken to alleviate or mitigate a threat described in Subsection (2)(b) shall be submitted to the state engineer within two working days following notification of the threat to the state engineer or the state engineer's representative. (e) (i) The state engineer shall inspect in a timely manner the site where the emergency action was taken. (ii) After inspection, the state engineer may impose additional requirements, including mitigation measures. (f) Adjudicative proceedings following the emergency work shall be informal unless otherwise designated by the state engineer. (3) An application to relocate any natural stream channel or alter the beds and banks of any natural stream shall be in writing and shall contain the following: (a) the name and address of the applicant; (b) a complete and detailed statement of the location, nature, and type of relocation or alteration; (c) the methods of construction; (d) the purposes of the application; and (e) any additional information that the state engineer considers necessary, including plans and specifications for the construction of works. (4) (a) The state engineer shall, without undue delay, conduct investigations that may be reasonably necessary to determine whether the relocation or alteration will: (i) impair vested water rights; (ii) unreasonably or unnecessarily affect a recreational use or the natural stream environment; (iii) unreasonably or unnecessarily endanger aquatic wildlife; or (iv) unreasonably or unnecessarily diminish the natural channel's ability to conduct high flows. (b) The state engineer shall approve the application unless the relocation or alteration will: (i) impair vested water rights; (ii) unreasonably or unnecessarily adversely affect a public recreational use or the natural stream environment; (iii) unreasonably or unnecessarily endanger aquatic wildlife; or (iv) unreasonably or unnecessarily diminish the natural channel's ability to conduct high flows. (c) The state engineer may approve the application, in whole or in part, with any reasonable terms to protect vested water rights, a public recreational use, the natural stream environment, or aquatic wildlife. (5) No cost incurred by the applicant, including any cost incurred to comply with the terms imposed by the state engineer, is reimbursable by the Division of Water Rights. (6) Except as provided in Subsection (2), a person who knowingly or intentionally relocates a natural stream channel, or alters the bed or bank of a natural stream channel without first obtaining the written approval of the state engineer is guilty of a crime punishable under Section 73-2-27. (7) The state engineer may issue an order for the repair and restoration of the bed and banks of a natural stream channel altered contrary to, or without, a permit issued for that purpose.
Utah Code § 73-29-207 — Utah Code / Title 73 / Chapter 73-29 / § 73-29-207
§ 73-29-207. Fences across public water.
Status: in_force

(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: (a) comply with an applicable federal, state, or local law; and (b) be constructed in a manner that does not create an unreasonably dangerous condition to the public lawfully using the public water. (3) The owner of a public access area shall allow the placement of a ladder, gate, or other facility allowing portage around a fence or obstruction if: (a) the owner places a fence or obstruction across a public water in accordance with Subsection (1); and (b) the water is open to public recreational access by permission or under Section 73-29-203.
Utah Code § 73-5a-301 — Utah Code / Title 73 / Chapter 73-5a / § 73-5a-301
§ 73-5a-301. Inspections to insure compliance with plans -- Duties and costs of owners -- Weekly reports.
Status: in_force

(1) During construction, enlargement, repair, alteration, or removal of any dam: (a) the state engineer, the state engineer's staff, or an independent consultant shall make periodic inspections of the work for the purpose of ascertaining compliance with the approved plans and specifications; and (b) the owner of the dam shall: (i) conduct tests that the state engineer determines are necessary; (ii) provide adequate supervision of the work by an engineer licensed by the state who has experience in dam design and construction; and (iii) disclose information sufficient to enable the state engineer to determine that the work is being done in conformance with the approved plans and specifications. (2) Costs of any work or tests required by the state engineer shall be paid by the owner of the dam. (3) The engineer who is supervising the work pursuant to Subsection (1)(b)(ii) is required to submit a report weekly to the state engineer. Each report shall show the work accomplished during the previous week and summarize the results of any material testing.
Utah Code § 73-5a-603 — Utah Code / Title 73 / Chapter 73-5a / § 73-5a-603
§ 73-5a-603. Emergency power of state engineer.
Status: in_force

(1) The state engineer may intervene during dam emergencies if the owner of the dam cannot be found or is unwilling to take appropriate action. Intervention may occur only when, in the judgment of the state engineer, the condition of any dam is so dangerous to the safety of life or property as to not permit time for issuance and enforcement of any order. (2) Emergency actions may include: (a) alerting appropriate public safety entities of the problem; (b) draining the reservoir; (c) hiring personnel or leasing equipment to undertake emergency operations; or (d) taking other steps considered necessary to safeguard life and property. (3) Any expenses incurred in undertaking emergency operations shall be reimbursed by the owner of the dam.
Utah Code § 73-29-204 — Utah Code / Title 73 / Chapter 73-29 / § 73-29-204
§ 73-29-204. Quiet title action.
Status: in_force

(1) (a) A person, including the division, may file a quiet title action in accordance with Title 78B, Chapter 6, Part 13, Quiet Title, to obtain a judicial declaration of the existence of a right to public recreational access under Section 73-29-203. (b) The division may intervene in a quiet title action filed in accordance with Subsection (1). (c) The division may not be compelled to: (i) file a quiet title action; or (ii) join a quiet title action filed by another person. (2) The claimant in a quiet title action under Subsection (1) shall: (a) name the property owner of record as a party; and (b) notify the division of the suit by certified mail no later than 20 days after the day on which the quiet title action is filed. (3) Within five days after receiving notice in accordance with Subsection (2)(b), the division shall post notice of a quiet title action under this section on its Internet website. (4) A quiet title action under this section shall be commenced within four years after the day on which a period of prescriptive use ceases. (5) The burden of proof for a quiet title action under this section is on the claimant to prove the existence of a right to public recreational access or floating access under Section 73-29-203 by clear and convincing evidence. (6) A quiet title action under this section is limited to a declaration concerning the property and property owner joined in the action. (7) (a) Multiple claimants and multiple property owners may be included in a quiet title action concerning public water common to the property owners. (b) In a case with multiple property owners, the court shall make a separate finding concerning each property owner included in the action. (8) A final judgment on the merits that a piece of private property is not subject to public recreational access: (a) is binding; and (b) may not be challenged in subsequent litigation. (9) The court may award attorney fees and costs in an action under this section if the court finds that the losing party's arguments lack a reasonable basis in law or fact.
Utah Code § 73-10d-4 — Utah Code / Title 73 / Chapter 73-10d / § 73-10d-4
§ 73-10d-4. Notice of intention to enter privatization project -- Petition for election -- Certification of petition signatures -- Removal of signature -- Election procedures -- Powers of political subdivision -- Public bidding laws not to apply.
Status: in_force

(1) (a) The governing authority of any political subdivision considering entering into a privatization project agreement shall issue a notice of intention setting forth a brief summary of the agreement provisions and the time within which and place at which petitions may be filed requesting the calling of an election in the political subdivision to determine whether the agreement should be approved. (b) The notice of intention shall specify the form of the petitions. (c) If, within 30 days after the publication of the notice of intention, petitions are filed with the clerk, recorder, or similar officer of the political subdivision, signed by at least 5% of the registered voters of the political subdivision (as certified by the county clerks of the respective counties within which the political subdivision is located pursuant to Subsections (7) and (8) requesting an election be held to authorize the agreement, then the governing authority shall proceed to call and hold an election. (d) If an adequate petition is not filed within 30 days, the governing authority may adopt a resolution so finding and may proceed to enter into the agreement. (e) The first page of a petition described in this Subsection (1) shall include the following statement in at least the same size type as the majority of the other statements on the page:"WARNING TO SIGNERS WITH PRIVATE VOTER REGISTRATION RECORDSIf you sign this petition, your voter identification number and the date you signed may be publicly disclosed. This disclosure may occur even if you are an at-risk voter with a voter registration record that has been classified as a private record." (2) If, under Subsection (1), the governing authority of a political subdivision is required to call an election to authorize an agreement, the governing authority shall adopt a resolution directing that an election be held in the political subdivision for the purpose of determining whether the political subdivision may enter into the agreement. The resolution calling the election shall be adopted, notice of the election shall be given, voting precincts shall be established, the election shall be held, voters' qualifications shall be determined, and the results shall be canvassed in the manner and subject to the conditions provided for in Title 11, Chapter 14, Local Government Bonding Act. (3) A political subdivision may, upon approval of an agreement as provided by Subsections (1) and (2) and subject to the powers and rules of the supervising agency: (a) supervise and regulate the construction, maintenance, ownership, and operation of all privatization projects within its jurisdiction or in which it has a contractual interest; (b) contract, by entry into agreements with private owner/operators for the provision within its jurisdiction of the services of privatization projects; (c) levy and collect taxes, as otherwise provided by law, and impose and collect assessments, fees, or charges for services provided by privatization projects, as appropriate, and, subject to any limitation imposed by the constitution, pledge, assign, or otherwise convey as security for the payment of its obligations under any agreements any revenues and receipts derived from any assessments, fees, or charges for services provided by privatization projects; (d) require the private owner/operator to obtain any and all licenses as appropriate under federal, state, and local law and impose other requirements which are necessary or desirable to discharge the responsibility of the political subdivision to supervise and regulate the construction, maintenance, ownership, and operation of any privatization project; (e) control the right to contract, maintain, own, and operate any privatization project and the services provided in connection with that project within its jurisdiction; (f) purchase, lease, or otherwise acquire all or any part of a privatization project; (g) with respect to the services of any privatization project, control the right to establish or regulate the rates paid by the users of the services within the jurisdiction of the political subdivision; (h) agree that the sole and exclusive right to provide the services within its jurisdiction related to privatization projects be assumed by any private owner/operator; (i) contract for the lease or purchase of land, facilities, equipment, and vehicles for the operation of privatization projects; (j) lease, sell, or otherwise convey, as permitted by state and local law, but without any requirement of competitive public bidding, land, facilities, equipment, and vehicles, previously used in connection with privatization projects, to private owner/operators; and (k) establish policies for the operation of any privatization project within its jurisdiction or with respect to which it has a contractual interest, including hours of operation, the character and kinds of services, and other rules necessary for the safety of operating personnel. (4) Any political subdivision may enter into agreements with respect to privatization projects. Agreements may contain provisions relating to, without limitation, any matter provided for in this section or consistent with the purposes of this chapter. (5) Any agreement entered into between a political subdivision and a private owner/operator for the provision of the services of a privatization project is considered an exercise of that political subdivision's business or proprietary power binding upon its succeeding governing authorities. Any agreement made by a political subdivision with a private owner/operator for payment for services provided or to be provided may not be construed to be an indebtedness or a lending of credit of the political subdivision within the meaning of any constitutional or statutory restriction. (6) The provisions of the various laws of the state and the rules or ordinances of a political subdivision which would otherwise require public bidding in respect to any matter provided for in this chapter shall have no application to that matter. (7) If a petition is presented to the clerk of a political subdivision under Subsection (1): (a) as applicable, within three business days after the day on which the clerk receives the petition, the clerk shall provide the petition to the county clerk for the county in which the political subdivision is located; and (b) within 14 days after the day on which a county clerk receives a petition under this section, the county clerk shall: (i) use the procedures described in Section 20A-1-1002 to determine whether the petition satisfies the requirements of Subsection (1) for a registered voter petition; (ii) certify on the petition whether each name is that of a registered voter in the affected political subdivision; and (iii) as applicable, deliver the certified petition to the governing authority of the affected political subdivision. (8) (a) A voter who signs a petition under Subsection (1) may have the voter's signature removed from the petition by, no later than three business days after the day on which the petition is provided to the county clerk, submitting to the county clerk a statement requesting that the voter's signature be removed. (b) A statement described in Subsection (8)(a) shall comply with the requirements described in Subsection 20A-1-1003(2). (c) The county clerk shall use the procedures described in Subsection 20A-1-1003(3) to determine whether to remove an individual's signature from a petition after receiving a timely, valid statement requesting removal of the signature.
Utah Code § 73-32-203 — Utah Code / Title 73 / Chapter 73-32 / § 73-32-203
§ 73-32-203. Relationship to other state agencies.
Status: in_force

(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 federal law and notwithstanding any other provision of state law, the commissioner may require a state agency to take action or refrain from acting to benefit the health of the Great Salt Lake to comply with the strategic plan. (3) This chapter may not be interpreted to override, substitute, or modify a water right within the state or the role and authority of the state engineer. (4) (a) This Subsection (4) applies if: (i) the commissioner determines that an action or failure to act by the Department of Environmental Quality may negatively impact the health of the Great Salt Lake, as established by the strategic plan; and (ii) the Department of Environmental Quality refuses to act or refrain from action because the Department of Environmental Quality believes it would jeopardize a delegation agreement entered into by the Department of Environmental Quality with the United States Environmental Protection Agency. (b) If the conditions of Subsection (4)(a) are met, the commissioner shall inform: (i) the governor; (ii) the speaker of the House of Representatives; and (iii) the president of the Senate. (c) The Department of Environmental Quality may inform the governor, the speaker of the House of Representatives, and the president of the Senate of the need for the Department of Environmental Quality to take the action or refrain from the action described in Subsection (4)(a). (d) The governor may review the information provided under this Subsection (4) and take action to resolve the issue raised by the commissioner under Subsection (4)(b). (e) If the conditions of Subsection (4)(a) are not met, the Department of Environmental Quality shall comply with Subsection (2).
Utah Code § 73-4-3 — Utah Code / Title 73 / Chapter 73-4 / § 73-4-3
§ 73-4-3. Notice and procedure for general adjudication of water rights -- Statements of claim -- Incomplete records.
Status: in_force

(1) Upon the filing of any action by the state engineer as provided in Section 73-4-1, or by any person claiming the right to use the waters of any river system, lake, underground water basin, or other natural source of supply that involves a determination of the rights to the major part of the water of the source of supply or the rights of 10 or more of the claimants of the source of supply, the clerk of the district court shall notify the state engineer that a suit has been filed. (2) (a) The state engineer then shall, for each general adjudication area, division, or subdivision, give notice of commencement of action to the claimants by publishing notice: (i) once a week for two consecutive weeks in a newspaper designated by the court as most likely to give notice to such claimants; and (ii) in accordance with Section 45-1-101 for two weeks. (b) The notice of commencement of action shall state: (i) an action has been filed; (ii) the name of the action; (iii) the name and location of the court in which the action is pending; and (iv) the name or description of the water source involved. (c) The state engineer shall file proof of the publication of notice of commencement of action with the district court. (3) The state engineer shall, for each general adjudication area, division, or subdivision, search the records of the state engineer's office to identify all possible claimants, and continue to update the records during the adjudication and search for additional claimants. (4) In accordance with Section 73-4-4, the state engineer shall serve a summons to each claimant of record in the state engineer's office within a general adjudication area, division, or subdivision. (5) (a) After serving summons to a claimant, the state engineer shall give notice of further proceedings to: (i) the claimant; and (ii) an attorney who enters an appearance in court for the claimant. (b) A court order is not required as a prerequisite for giving notice under Subsection (5)(a). (c) The state engineer shall give the notice described in Subsection (5)(a): (i) electronically, if the state engineer can verify the claimant's receipt; (ii) by mail; (iii) by personal service; or (iv) if the notice is for the benefit of the claimants generally, by publishing the notice. (d) Notice given by mail is complete when the notice is mailed. (6) Except as provided in Subsection (8)(d)(ii), if the state engineer serves a notice required by this chapter, the state engineer shall, before the day on which the final decree for the general adjudication area, division, or subdivision is filed, file with the district court a certificate of service that contains the name and address of the claimant served with the notice. (7) After publishing notice of commencement of an action, the state engineer shall hold a public meeting in the general adjudication area, division, or subdivision to inform a water right claimant of the general adjudication process. (8) (a) After the public meeting described in Subsection (7), the state engineer shall give notice to each claimant, in accordance with Subsection (5), of the time for filing statements of claim. (b) The notice described in Subsection (8)(a) shall include: (i) a statement that: (A) a claimant who desires to claim a water right in the action shall, in accordance with Section 73-4-5, submit a written or electronic statement of claim within 90 days after the day on which the notice is issued; and (B) failure to file a timely statement of claim, as described in Section 73-4-5, constitutes a default and a judgment may be entered declaring that the claimant has no right to the use of water not claimed; and (ii) instructions describing how to obtain or access a statement of claim form that the claimant must complete in order to comply with the provisions of Section 73-4-5. (c) A claimant served with the notice described in Subsection (8)(a) who desires to claim a water right in the action shall file a written or electronic statement of claim in accordance with Section 73-4-5. (d) (i) The state engineer shall compile the statements of claim described in Subsection (8)(c), together with any extensions of time granted by the state engineer as provided by Section 73-4-10, and file them with the district court contemporaneously with the list of unclaimed rights of record, as described in Section 73-4-9.5. (ii) If the state engineer files a claimant's statement of claim with the district court in accordance with Subsection (8)(d)(i), the state engineer is not required to file a certificate of service that relates to the notice described in Subsection (8)(a) for that claimant. (9) The state engineer shall examine the records of the state engineer's office with respect to the water source involved, and if the records are incomplete, make further investigation as may be necessary to identify potential claimants as required by this section. (10) In all such cases the court shall proceed to determine the water rights involved in the manner provided by this chapter, and not otherwise.
Utah Code § 73-3b-103 — Utah Code / Title 73 / Chapter 73-3b / § 73-3b-103
§ 73-3b-103. Prohibitions.
Status: in_force

(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 holding a recharge permit or recovery permit may not operate a recharge project or recovery project in a manner that is inconsistent with the permit conditions set by the state engineer.
Utah Code § 73-2-11 — Utah Code / Title 73 / Chapter 73-2 / § 73-2-11
§ 73-2-11. Records -- Certified copies -- Evidence.
Status: in_force

(1) The state engineer shall keep on file in the state engineer's office a full and proper record, in physical or electronic form, of the state engineer's work, including the following made or collected by the state engineer: (a) a field note; (b) a computation; or (c) a fact. (2) Subject to Subsection (3), a record, including a map or document, whether physical or electronic, recorded or filed in the office of the state engineer is a public record. (3) A record described in Subsection (1) or (2) is: (a) a record of the state engineer's office; (b) property of the state; and (c) made public by the state engineer, except a record classified as private, controlled, or protected in accordance with Title 63G, Chapter 2, Government Records Access and Management Act, and this title. (4) The office of the state engineer is an office of public record, and a file or record may not be removed from the office of the state engineer, except in the custody of the state engineer or one of the state engineer's deputies. (5) (a) The state engineer shall furnish a certified copy of a record on demand, upon payment of the reasonable cost of making the certified copy, together with the legal fee for certification. (b) A certified copy under this Subsection (5) is competent evidence, and has the same force and effect as the original.
Utah Code § 73-10g-403 — Utah Code / Title 73 / Chapter 73-10g / § 73-10g-403
§ 73-10g-403. Work plan.
Status: in_force

(1) (a) By no later than November 30, 2023, and before developing the integrated water assessment under Section 73-10g-402, the division shall create a plan for developing and implementing the integrated water assessment. (b) In creating the work plan, the division shall consult with the entities described in Subsection 73-10g-402(4)(a). (2) The work plan shall include in relationship to the Great Salt Lake watershed: (a) a synthesis of available information, literature, and data, and an assessment of scientific, technical, measurement, and other informational needs, relating to: (i) water quantity, water quality, water use, and water demand; (ii) improving quantification and quality of data for: (A) surface and groundwater water diversions; (B) depletions; and (C) return flow; (iii) developing, downscaling, or otherwise updating models and assessment tools to improve understanding of water supply, water use, and water availability; (iv) understanding changing watershed conditions, including changes in climate, evapotranspiration, and other water supply vulnerabilities; and (v) other matters as the division determines to be appropriate; and (b) a description of how the work plan shall be implemented to address the needs described in Subsection (2)(a), including: (i) prioritize proposed activities, such as monitoring data infrastructure needs, studies, analyses, and development of tools necessary to implement the integrated water assessment; (ii) an implementation schedule, with completion of an integrated water assessment by no later than November 30, 2026; (iii) recommendations and a cost assessment for the implementation of the work plan; (iv) public engagement process; (v) an agreed approach to facilitate integrated watershed management and coordination across local, state, and federal agencies; and (vi) other matters as the division determines to be appropriate.
Utah Code § 73-5-8.5 — Utah Code / Title 73 / Chapter 73-5 / § 73-5-8.5
§ 73-5-8.5. Per capita consumptive use.
Status: in_force

(1) As used in this section: (a) "Community water system" means a public water system that serves residents year-round. (b) (i) "Metered secondary water" means secondary water metered by a secondary water supplier either at the supply side when introduced into the secondary water supplier's distribution system or metered at the meter of the end user. (ii) "Metered secondary water" does not include: (A) water lost in the secondary water supplier's system before being delivered to an end user; or (B) water delivered to an end user who is not a commercial, industrial, institutional, or residential user. (c) "Per capita consumptive use" means a valid representation of total water consumed divided by the total population for a given area. (d) "Publicly owned treatment works" means a facility for the treatment of pollutants owned by the state, the state's political subdivisions, or other public entity. (e) "Reporting district" means a water conservancy district that serves wholesale water to a retail water supplier located in whole or in part in a county of the first or second class. (f) "Retail water supplier" means a person that: (i) supplies water for human consumption and other domestic uses to an end user; and (ii) has more than 500 service connections. (g) "Secondary water" means the same as that term is defined in Section 73-10-34. (h) "Secondary water supplier" means the same as that term is defined in Section 73-10-34. (i) "Total population" means the permanent population of a given area subject to a population adjustment described in Subsection (5). (j) "Total water consumed" means total water supplied to commercial, industrial, institutional, and residential users in a given area minus return flow. (k) "Total water supplied" means the total amount of water delivered to commercial, industrial, institutional, and residential users in a given area as metered secondary water or metered drinking water. (l) "Water conservancy district" means an entity formed under Title 17B, Chapter 2a, Part 10, Water Conservancy District Act. (2) State agencies and political subdivisions shall use per capita consumptive use for reporting municipal and industrial water use in counties of the first and second class to provide another method to: (a) track progress in water conservation; and (b) ensure efficient public water supply management. (3) (a) The Division of Water Resources shall designate the reporting district that shall calculate the per capita consumptive use for each county of the first or second class, except that the Division of Water Resources may only require a reporting district calculate the per capita consumptive use for a county in which the reporting district provides wholesale water to a retail water supplier. (b) Beginning with a calculation of per capita consumptive use for calendar year 2023, a reporting district shall annually provide the Division of Water Rights a calculation of per capita consumptive use for the one or more counties designated under Subsection (3)(a). (4) In determining per capita consumptive use, a reporting district: (a) shall use reliable and timely information about water used for municipal and industrial purposes, including water used in commercial, industrial, institutional, and residential settings; and (b) may not be required: (i) to use the same methodology as another reporting district; or (ii) to adopt or follow the definition of "water being conserved" that is adopted under Section 73-10-32. (5) In determining total population, a reporting district shall rely on, to the extent not otherwise required by federal law: (a) (i) an estimate of the Utah Population Committee created in Section 63C-20-103; or (ii) if the Utah Population Committee estimate is not available, the most recent census or census estimate of the United States Bureau of the Census; and (b) an adjustment to population based on locally significant effects of a non-permanent population, including: (i) transient but consistently recurring non-resident population associated with secondary residences or visitors; and (ii) daytime population changes. (6) In determining return flow, a reporting district: (a) shall obtain relevant data associated with discharges from publicly owned treatment works; and (b) may include water flow returning to the natural environment from the use of drinking water, secondary water, or other water used for outdoor irrigation if the flow is capable of being measured or otherwise determined with a reasonable degree of certainty. (7) In determining total water supplied, a reporting district shall: (a) select the community water systems serving a population of 3,300 or more whose data the reporting district will use in preparing the report of per capita consumptive use; (b) only rely on data that: (i) is reliable; and (ii) the reporting district is able to obtain for both metered drinking water and metered secondary water; and (c) make reasonable efforts to ensure that the water use data relied upon in the reporting district's report is the same as the water use data reported by the community water systems to the Division of Water Rights under Section 73-5-8. (8) A reporting district shall include in the reporting district's report of per capita consumptive use an explanation of how the reporting district determines: (a) total water supplied; (b) return flow; and (c) total population. (9) A reporting district shall annually file the reporting district's per capita consumptive use report with the Division of Water Rights on or before July 1. (10) (a) Except as provided in Subsection (10)(b), this section may not be construed to prohibit the Division of Water Resources from: (i) adopting regional water conservation goals as described in Section 73-10-32; or (ii) calculating, publishing, or disseminating diverted water use information or per capita consumptive use from community water systems in counties of the third, fourth, fifth, or sixth class. (b) A state agency or a political subdivision of the state may not calculate, publish, or disseminate a: (i) statewide per capita consumptive use number; or (ii) per capita consumptive use number for a first class or second class county that is different from a number reported by a reporting district pursuant to this section. (c) This section may not be construed to prohibit a retail water supplier from using or publishing the retail water supplier's own water consumptive use numbers for the efficient management of the retail water supplier's system.
Utah Code § 73-21-104 — Utah Code / Title 73 / Chapter 73-21 / § 73-21-104
§ 73-21-104. Tabulations.
Status: in_force

The tabulations described in Sections 73-21-103 and 73-21-105 are on file and more fully described at the state engineer's office.
Utah Code § 73-35-208 — Utah Code / Title 73 / Chapter 73-35 / § 73-35-208
§ 73-35-208. Advisory councils authorized -- Consultations.
Status: in_force

7/1/2026 (1) (a) The authority may create authorized advisory councils of interested persons for consultations with the authority. (b) The authority shall by resolution adopt policies governing authorized: (i) advisory councils; (ii) advisory council members; (iii) advisory council leadership; and (iv) topic areas of interest for each authorized advisory council that directly relate to the mission and objectives of the authority. (c) The authority may consult with an authorized advisory council and consider data, information, and input from the authorized advisory council relevant to the mission and objectives of the authority. (2) The authority may consult with a relevant watershed council created under Title 73, Chapter 10g, Part 3, Watershed Councils Act.
Utah Code § 73-5a-304 — Utah Code / Title 73 / Chapter 73-5a / § 73-5a-304
§ 73-5a-304. Final inspection.
Status: in_force

(1) Following construction and prior to impounding any water, the state engineer shall undertake a final inspection of the project. (2) A written final approval of the project shall be issued if: (a) the state engineer determines that: (i) the project was constructed in accordance with plans approved by the state engineer under Sections 73-5a-203 and 73-5a-303; and (ii) during construction, inspections and tests were conducted as required by Section 73-5a-301; and (b) the emergency action plan and standard operating plan meet the requirements set forth in rules adopted by the state engineer. (3) (a) The state engineer may require the owner to: (i) submit a formal operating plan for the initial filling of the reservoir; or (ii) follow certain procedures during the initial filling of the reservoir. (b) Failure to submit the operating plan or follow the specified procedures shall result in revocation of the final approval.
Utah Code § 73-10c-4 — Utah Code / Title 73 / Chapter 73-10c / § 73-10c-4
§ 73-10c-4. Credit enhancement and interest buy-down agreements -- Loans or grants -- Hardship grants -- Transfer of money.
Status: in_force

(1) On behalf of the state, the Water Quality Board and the Drinking Water Board may each enter into credit enhancement agreements with political subdivisions containing terms and provisions that the acting board determines will reasonably improve the security for or marketability of drinking water and wastewater project obligations, including any of the following: (a) a term providing security for drinking water and wastewater project obligations, as provided in Subsection 73-10c-6(2)(b), by agreeing to purchase the drinking water or wastewater project obligations of, or to make loans to, political subdivisions from a subaccount of the security fund for the purpose of preventing defaults in the payment of principal and interest on drinking water and wastewater project obligations; (b) a term making loans to political subdivisions to pay the cost of obtaining: (i) letters of credit from banks, savings and loan institutions, insurance companies, or other financial institutions; (ii) municipal bond insurance; or (iii) other forms of insurance or security to provide security for drinking water and wastewater project obligations; and (c) a term providing other methods and assistance to political subdivisions that are reasonable and proper to enhance the marketability of or security for drinking water and wastewater project obligations. (2) (a) The Drinking Water Board and the Water Quality Board may each make loans from a security fund subaccount to political subdivisions to finance all or part of drinking water and wastewater project costs by following the procedures and requirements of Sections 73-10c-4.1 and 73-10c-4.2. (b) These loans may only be made after credit enhancement agreements, interest buy-down agreements, and all other financing alternatives have been evaluated by the acting board and the board determines those options are unavailable or unreasonably expensive for the subdivision requesting assistance. (c) Loans may be made from the security fund subaccount at interest rates determined by the board. (3) (a) The Drinking Water Board and the Water Quality Board may each make loans or grants from the security fund to political subdivisions for interest buy-down agreements for drinking water or wastewater project obligations. (b) The Drinking Water Board may make loans or grants from the security account to political subdivisions for planning for drinking water projects. (4) (a) Of the total amount of money annually available to the Drinking Water Board and Water Quality Board for financial assistance to political subdivisions, at least 10% shall be allocated by each board for credit enhancement and interest buy-down agreements. (b) The requirement specified in Subsection (4)(a) shall apply only so long as sales and use tax is transferred to the Utah Wastewater Loan Program Subaccount and Drinking Water Loan Program Subaccount as provided in Section 59-12-103. (5) To the extent money is available in the hardship grant subaccounts of the security fund, the Drinking Water Board and the Water Quality Board may each make grants to political subdivisions that meet the drinking water or wastewater project loan considerations respectively, but whose projects are determined by the granting board to not be economically feasible unless grant assistance is provided. (6) The Drinking Water and Water Quality Boards may at any time transfer money out of their respective hardship grant subaccounts of the security fund to their respective loan program subaccounts. (7) The Water Quality Board may make a grant from the Hardship Grant Program for Wastewater Projects Subaccount created in Subsection 73-10c-5(2)(c) for a nonpoint source project as provided by Section 73-10c-4.5 if: (a) money is available in the subaccount; and (b) the Water Quality Board determines that the project would not be economically feasible unless a grant were made. (8) (a) The Water Quality Board may direct the transfer of money out of the Water Quality Security - Utah Wastewater Loan Program Subaccount created by Subsection 73-10c-5(2)(a) to the Water Infrastructure Fund in accordance with Section 73-10g-107. (b) The Drinking Water Board may direct the transfer of money out of the Drinking Water Security - Drinking Water Loan Program Subaccount created by Subsection 73-10c-5(3)(a) to the Water Infrastructure Fund in accordance with Section 73-10g-107.
Utah Code § 73-22-9 — Utah Code / Title 73 / Chapter 73-22 / § 73-22-9
§ 73-22-9. Rights to geothermal resources.
Status: in_force

Rights to geothermal resources and to geothermal fluids to be extracted in the course of production of geothermal resources acquired under Section 73-22-8 shall be based on the principle of correlative rights.
Utah Code § 73-18a-15 — Utah Code / Title 73 / Chapter 73-18a / § 73-18a-15
§ 73-18a-15. Arrest for violation -- Procedure.
Status: in_force

Whenever any individual is arrested for any violation of the provisions of this chapter or a rule made under this chapter, the procedure for arrest is the same as described in Sections 77-7-23 and 77-7-24.
Utah Code § 73-18-20.6 — Utah Code / Title 73 / Chapter 73-18 / § 73-18-20.6
§ 73-18-20.6. Report by owners or lienholders of thefts and recoveries.
Status: in_force

(1) The owner, or person having a lien or encumbrance upon a registered vessel or outboard motor which has been stolen or embezzled, may notify the law enforcement agency having jurisdiction where the theft or embezzlement occurred. If a vessel or outboard motor was embezzled, a report may be made only after having procured the issuance of a warrant for the arrest of the person charged with embezzlement. (2) Any person who has given any notice under Subsection (1) shall notify the law enforcement agency where the theft or embezzlement was reported of a recovery of the vessel or outboard motor.
Utah Code § 73-10g-503 — Utah Code / Title 73 / Chapter 73-10g / § 73-10g-503
§ 73-10g-503. Participation in survey or evaluation.
Status: in_force

A water provider shall participate in regular infrastructure needs surveys or evaluations and shall complete the asset-related sections of a survey or evaluation within the deadline established by the Division of Drinking Water or the Division of Water Resources.
Utah Code § 73-10g-501 — Utah Code / Title 73 / Chapter 73-10g / § 73-10g-501
§ 73-10g-501. Definitions.
Status: in_force

As used in this part: (1) "Capital asset" means an asset that: (a) is a significant investment or an essential component necessary to provide water service, including: (i) a facility; (ii) infrastructure, whether above or below ground level; (iii) equipment; or (iv) a communications network; and (b) is owned by a water provider. (2) "Governing body" means: (a) for a political subdivision, the political subdivision governing body defined in Section 63A-15-102; or (b) for a private entity, the private entity's board of directors, managing members, partners, or equivalent body. (3) "Retail water supplier" means the same as that term is defined in Section 19-4-102. (4) "Water conservancy district" means the same as that term is defined in Section 73-10-32. (5) "Water provider" means: (a) a retail water supplier; or (b) a water conservancy district.
Utah Code § 73-4-19 — Utah Code / Title 73 / Chapter 73-4 / § 73-4-19
§ 73-4-19. Redetermination -- Bond of applicant.
Status: in_force

Wherever a general determination of water rights upon any river system or water source has been made by the district court, any claimant to the use of water from such river system or water source seeking a redetermination of water rights upon such river system or water source shall, before commencing any action for such redetermination or for the revision of any final judgment other than as provided in Section 73-4-1, furnish to the court in which such action is commenced and before the filing of any petition or complaint for such purpose, a good and sufficient bond, in a form and with sureties approved by the court, in a sum fixed by the court at least equal to twice the estimated costs which may arise in such action, conditioned that if final judgment after hearing, or after appeal should appeal be taken, is awarded against such claimant, then such claimant will pay all costs arising in such action and all damages to other parties thereto arising therefrom.
Utah Code § 73-31-601 — Utah Code / Title 73 / Chapter 73-31 / § 73-31-601
§ 73-31-601. Reports.
Status: in_force

(1) In accordance with Section 68-3-14, 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. (2) The board shall submit a written report to the Natural Resources, Agriculture, and Environment Interim Committee by October 31, 2029, recommending whether the Legislature should take one or more of the following actions: (a) remove or extend the repeal date in Section 63I-1-273; (b) amend the chapter, a provision in the chapter, or a provision in the Utah Code; or (c) take no action and allow the chapter to repeal under Section 63I-1-273. (3) At a minimum, the written report described under Subsection (2) shall include the following: (a) a summary of the implementation of the chapter; (b) a statement describing and justifying the recommendation; and (c) a description of the positive and negative aspects of the recommendation. (4) Before the board's submission of the written report described in Subsection (2), the Department of Natural Resources shall prepare and submit a draft report to the board for the board's review, provided that the executive director of the Department of Natural Resources may consult with another state agency or person that the executive director considers necessary to prepare the draft report. (5) (a) Upon receipt of the draft report described in Subsection (4), the board shall review the draft report and solicit public comment on the draft report by: (i) requesting written comments; and (ii) holding no less than one public hearing at which: (A) the Department of Natural Resources shall explain and justify the draft report's recommendation; and (B) an interested person may comment on or speak for or against the draft report's recommendations. (b) The board shall give notice of the opportunities to provide public comment under this Subsection (5) by: (i) mailing notice to the address of record for each water bank; (ii) publishing notice in a newspaper of general circulation in the state; and (iii) publishing notice as required in Section 45-1-101. (c) The board may give separate notices for any public hearings the board may hold pursuant to Subsection 73-31-601(5)(a)(ii). (d) The notice described in Subsection (5)(b) shall state: (i) that the board is soliciting public comment on the draft report and shall hold a public hearing on a certain day, time, and place fixed in the notice, which shall not be less than 30 days after the day the first notice is published, for the purpose of hearing comments regarding the draft report; (ii) that the board shall accept written comments on the draft report for a period of no less than 30 days after the day the first notice is published, and include instructions for how the public may submit comments; and (iii) how the public may obtain a copy of the draft report. (6) The board shall consider timely public comments submitted under this section, and may require the Department of Natural Resources to make revisions the board considers necessary before approving and submitting the final written report required in Subsection (2).
Utah Code § 73-10g-102 — Utah Code / Title 73 / Chapter 73-10g / § 73-10g-102
§ 73-10g-102. Definitions.
Status: in_force

As used in this chapter: (1) "Board" means the Board of Water Resources. (2) "Division" means the Division of Water Resources. (3) "Restricted account" means the Water Infrastructure Restricted Account created in Section 73-10g-103. (4) "Water Infrastructure Fund" means the enterprise fund created in Section 73-10g-107. (5) "Water infrastructure project" means: (a) the following for the supply, control, measurement, treatment, distribution, storage, or transport of water: (i) planning; (ii) design; (iii) construction; (iv) reconstruction; (v) improvement; (vi) renovation; (vii) acquisition; or (viii) seismic upgrade; or (b) a project to engage in planning consistent with Part 6, Planning and Prioritization.
Utah Code § 73-18-1 — Utah Code / Title 73 / Chapter 73-18 / § 73-18-1
§ 73-18-1. Statement of policy.
Status: in_force

It is the policy of this state to regulate and promote safety for persons and property in and connected with the use, operation and equipment of vessels and to promote uniformity of laws and to adopt and pursue an educational program in relation thereto.
Utah Code § 73-10-16 — Utah Code / Title 73 / Chapter 73-10 / § 73-10-16
§ 73-10-16. State water plan -- Payment for special studies and investigations.
Status: in_force

Special studies or investigations needed for development of a water plan which might be requested of other agencies, but not included in the budgets or the work programs of such agencies, may be paid for from funds hereby appropriated for the formulation of a state water plan.
Utah Code § 73-18b-1 — Utah Code / Title 73 / Chapter 73-18b / § 73-18b-1
§ 73-18b-1. Water safety rules and regulations -- Adoption.
Status: in_force

(1) The Division of Outdoor Recreation, after notifying the Outdoor Adventure Commission, may make rules necessary to promote safety in swimming, scuba diving, and related activities on any waters where public boating is permitted. (2) The Division of Outdoor Recreation may consider recommendations of and cooperate with other state agencies and the owners or operators of those waters.
Utah Code § 73-2-13 — Utah Code / Title 73 / Chapter 73-2 / § 73-2-13
§ 73-2-13. Attorney general and county attorneys to counsel.
Status: in_force

In all matters requiring legal advice in the performance of the state engineer's duties and the prosecution or defense of any action growing out of the performance of the state engineer's duties, the attorney general or county attorney of the county in which any legal question arises, shall be the legal advisers of the state engineer, and are hereby required to perform any and all legal services required by the state engineer without other compensation than their salaries.
Utah Code § 73-10e-1 — Utah Code / Title 73 / Chapter 73-10e / § 73-10e-1
§ 73-10e-1. Creation of Water Development and Flood Mitigation Reserve Account -- Appropriation.
Status: in_force

(1) There is created within the General Fund a restricted account known as the "Water Development and Flood Mitigation Reserve Account." (2) There is appropriated for fiscal year 1984-85 $55,000,000 from the General Fund and $6,000,000 from certificates of participation to the Water Development and Flood Mitigation Reserve Account. This appropriation may not lapse and shall carry over to fiscal year 1985-86. (3) There is appropriated for fiscal year 1985-86 $35,000,000 from the General Fund to the Water Development and Flood Mitigation Reserve Account. (4) There is appropriated for fiscal year 1984-85 $4,050,000 from the Water Development and Flood Mitigation Reserve Account to the Division of Water Resources to use for all of the following: (a) $2,000,000 for final engineering studies for west desert pumping; (b) $500,000 for implementation of the State Water Plan, including, but not limited to, engineering studies on Bear River upstream diversion and storage projects and Hatch Town Reservoir; (c) (i) $750,000 to prepare final design reports and cost estimates for the following: (A) Option A - No. Davis WWTP, West Kaysville, Centerville, Bard, West Bountiful, So. Davis No. WWTP, Phillips, Woods Cross, Jordan River WWTP, and the Salt Lake International Airport; and (B) Option B - Antelope Island roadway dikes. (ii) It is the intent of the Legislature to choose between Options A and B after the final design reports are completed. The final design reports for Option B shall be completed by consultants other than those who prepared the original report. The reports for both Options A and B shall clearly indicate the following for each alternative: (A) estimated construction costs; (B) estimated costs of operation and maintenance; (C) estimated time necessary for completion; (D) benefits with respect to flood control, tourism, recreation, long-term second use, and new access to Antelope Island and marsh lands; and (E) impact on roads and esthetic land features during construction. (d) $250,000 to prepare final design reports for the following projects: Corrine-WWTP, Plain City-WWTP, Perry-WWTP, and Little Mtn.-WWTP; (e) $500,000 to construct the South Shore project; and (f) $50,000 to reevaluate inter-island diking between South Shore, Antelope Island, Fremont Island, and Promontory Point. (5) There is appropriated for fiscal year 1984-85 $16,300,000 from the Water Development and Flood Mitigation Reserve Account to the Community Development/Disaster Relief Board for the following: (a) $4,000,000 to use as a match on diking projects built by the Army Corps of Engineers; and (b) (i) $12,300,000 to provide grants to appropriate governmental entities to increase the carrying capacity of the Jordan River. The grants shall be made without requiring matching funds from any other governmental entity and shall only be made if an agreement is entered into by the affected governmental entities resolving disputed issues of responsibility. It is the intent of the Legislature to consider the distribution of the 1/8% sales and use tax increase as the contribution from the affected governmental entities. (ii) Any portion of the $12,300,000 appropriated under Subsection (5)(b)(i) which is not used for the purposes described in that subsection shall be transferred to the Division of State Parks for the purposes described in Section 79-4-802. After this money is transferred to the Division of State Parks, the money is nonlapsing. The money may not be used for any project specified by the Division of State Parks until the political subdivision having jurisdiction over the appropriate area contributes 50% of the costs of the project to the state. This contribution may be in the form of money, property, or services, or any combination of these, which can be used for the specified project. (6) Interest accrued on the money appropriated into the Water Development and Flood Mitigation Reserve Account shall be deposited into the Water Resources Conservation and Development Fund as the interest accrues. (7) All money not appropriated from the Water Development and Flood Mitigation Reserve Account by September 1, 1985, shall be deposited into the Water Resources Conservation and Development Fund.
Utah Code § 73-23-2 — Utah Code / Title 73 / Chapter 73-23 / § 73-23-2
§ 73-23-2. Appropriation -- Projects authorized.
Status: in_force

(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 to: (a) To the Division of Water Resources to pay for all or anyportion of the West Desert Pumping Project, Bare BonesWest Desert Pumping$60,000,000 (b) To the Disaster Relief Board for allocation to the appropriateentities to pay for all or any portion of any diking or other flooddamage or mitigation costs as determined by the board with theconcurrence of the governor, including, but not limited to:implementing the finger diking project in Salt Lake County,raising the breakwaters around the Great Salt Lake Marina anddiking the east side of the parking lot, raising the AMAX Northdike to protect I-80, raising the American Salt Company dike,raising the South Davis WWTP - North Plant dikes, diking theLittle Mountain WWTP, and diking the Corinne Sewage Lagoon$10,000,000 (c) To the Division of Water Resources for preconstruction designstudies for a state water plan for upstream water development$500,000 (d) To the Division of Water Resources to pay for the engineeringand design work for the interisland diking projects (diking fromAntelope Island to Fremont Island and from Fremont Island toPromontory Point) by July 1, 1987.$1,200,000 (2) All money provided under this chapter shall be nonlapsing and may be used for all acquisitions and construction costs, including, without exclusion or limitation, operation and maintenance, the cost of acquiring land, interests in land, easements and rights-of-way, the cost of improving sites, and of acquiring, constructing, equipping, and furnishing facilities and all structures, roads, utilities, and improvements necessary, incidental, or convenient to the facilities and all related engineering, architectural, and legal fees.
Utah Code § 73-18-13.5 — Utah Code / Title 73 / Chapter 73-18 / § 73-18-13.5
§ 73-18-13.5. Motorboat accidents -- Investigation and report of operator security -- Agency action if no security -- Surrender of registration materials.
Status: in_force

(1) Upon request of a peace officer investigating an accident involving a motorboat as defined in Section 73-18c-102, the operator of the motorboat shall provide evidence of the owner's or operator's security required under Section 73-18c-301. (2) The peace officer shall record on a form approved by the division: (a) the information provided by the operator; (b) whether the operator provided insufficient or no information; and (c) whether the peace officer finds reasonable cause to believe that any information given is not correct. (3) The peace officer shall deposit all completed forms with the peace officer's agency, which shall forward the forms to the division no later than 10 days after receipt. (4) (a) The division shall revoke the registration of a motorboat as defined in Section 73-18c-102 involved in an accident unless the owner or operator can demonstrate to the division compliance with the owner's or operator's security requirement of Section 73-18c-301 at the time of the accident. (b) Any registration revoked shall be renewed in accordance with Section 73-18-7. (5) A person may appeal a revocation issued under Subsection (4) in accordance with procedures established by the division, after notifying the commission, by rule that are consistent with Title 63G, Chapter 4, Administrative Procedures Act. (6) (a) Any person whose registration is revoked under Subsection (4) shall return the registration card and decals for the motorboat to the division. (b) If the person fails to return the registration materials as required, they shall be confiscated under Section 73-18-13.6. (7) The division may, after notifying the commission, make rules for the enforcement of this section. (8) In this section, "evidence of owner's or operator's security" includes any one of the following: (a) the operator's: (i) insurance policy; (ii) binder notice; (iii) renewal notice; or (iv) card issued by an insurance company as evidence of insurance; (b) a copy of a surety bond, certified by the surety, which conforms to Section 73-18c-102; (c) a certificate of the state treasurer issued under Section 73-18c-305; or (d) a certificate of self-funded coverage issued under Section 73-18c-306. (9) A person may provide evidence of owner's or operator's security as described in Subsection (8)(a) by displaying: (a) a digital copy or photograph of the evidence of owner's or operator's security; or (b) evidence of owner's or operator's security through a mobile application.
Utah Code § 73-10c-6 — Utah Code / Title 73 / Chapter 73-10c / § 73-10c-6
§ 73-10c-6. Credit enhancement agreement -- Provisions for use of funds.
Status: in_force

(1) (a) A credit enhancement agreement may be made for the purpose of facilitating financing for political subdivisions. (b) A credit enhancement agreement may provide for the use of funds from the security fund to accomplish the purposes specified in Section 73-10c-4. (2) (a) The political subdivision, prior to the sale or issuance of a drinking water or a wastewater project obligation, shall: (i) apply to the Drinking Water Board or Water Quality Board to have its drinking water or wastewater project obligation or both, as desired, designated as covered by a credit enhancement agreement; and (ii) have entered into a credit enhancement agreement with the Drinking Water Board or Water Quality Board setting forth the terms and conditions of the security or other forms of assistance provided by the agreement. (b) The Drinking Water Board and Water Quality Board may not designate any drinking water or wastewater project obligation as covered by the credit enhancement agreement: (i) unless immediately after the designation there is on deposit in the security fund, based on the purchase or then market price of the investments therein, whichever is lower, an amount determined by the Drinking Water Board or Water Quality Board to be sufficient to: (A) reasonably improve the security for and marketability of the drinking water or wastewater project obligation, or both; and (B) comply with the terms and provisions of all existing credit enhancement agreements; and (ii) while held by the state, any agency of the state, the federal government, or any agency of the federal government. (c) A drinking water project obligation may not be designated as covered by a credit enhancement agreement unless the drinking water project for which it was issued by the political subdivision has been approved by the Department of Environmental Quality, acting through the Drinking Water Board. (d) A wastewater project obligation may not be designated as secured by a credit enhancement unless the wastewater project for which it was issued by the political subdivision has been approved by the Department of Environmental Quality, acting through the Water Quality Board. (3) (a) A credit enhancement agreement must provide that the security provided under this chapter and the credit enhancement agreement: (i) is limited to the money available in the security fund; and (ii) does not constitute a pledge of or charge against the general revenues, credit, or taxing powers of the state or any political subdivision. (b) A credit enhancement agreement which obligates the state to pay principal of or interest on any drinking water or wastewater project obligation, including any credit enhancement agreement entered into under Section 73-10c-4, may provide that: (i) the political subdivision or its agent will notify the council whenever it is not able to pay principal of or interest on the drinking water or wastewater project obligation covered by the credit enhancement agreement and request payment from the security fund; and (ii) money in the security fund needed to make the payment requested by the political subdivision may be segregated within the security fund and held until the requested payment is made. (c) A default of the political subdivision under the drinking water or wastewater project obligation may not alter, in any manner, the obligations of the state as provided in the credit enhancement agreement. (d) Any drinking water or wastewater project obligation covered by the credit enhancement agreement which is represented by a bond, note, or other written instrument shall bear a legend which states these provisions and makes reference to this chapter and the credit enhancement agreement pursuant to which the obligation is secured. (4) Any credit enhancement agreement for a drinking water or wastewater project obligation may provide that the Drinking Water Board or Water Quality Board: (a) purchase from the money in the security fund the obligation which the political subdivision is unable to pay, whereupon the Drinking Water Board or Water Quality Board, on behalf of the state, will become the holder of the obligation and entitled to all rights of a holder under the terms of the obligation; (b) pay, as a loan to the political subdivision from the money in the security fund, to the holder of the obligation the principal or interest, or both, due or to become due on the obligation which the political subdivision is unable to pay; (c) take both actions referred to in Subsections (4)(a) and (b) relating to any issue of obligations; or (d) take any other action specified in or contemplated by the credit enhancement agreement. (5) (a) Any credit enhancement agreement must require that the political subdivision repay to the state any loan of money made from the security fund to make any payments specified in the credit enhancement agreement, which repayment obligation may also be evidenced by bonds or notes of the political subdivision, as the Drinking Water Board or Water Quality Board may determine. (b) The loan may be for a term, may bear interest at a rate or rates or may bear no interest, as the Drinking Water Board or Water Quality Board may determine, and may be secured by any security the Drinking Water Board or Water Quality Board may determine. (c) The interest rate for any loan contemplated by, but not made at the time the credit enhancement agreement is executed, may be specified in relationship to a prime rate or other identifiable rate existing at the time the loan is made. (d) The term of the loan may be specified in the credit enhancement agreement as a maximum term and the actual term stated when the loan is made. (e) Any security for the loan may include: (i) a pledge of the revenues from the particular drinking water project or wastewater project; (ii) an assignment from the holder or holders of the drinking water or wastewater project obligation of the holders' interest in any security for the obligation in the amount needed to service the indebtedness represented by the loan; or (iii) any other security device. (f) The Drinking Water Board or Water Quality Board, on behalf of the state, is subrogated to all rights of the holder of the drinking water or wastewater project obligation against the political subdivision which issued the obligation with respect to the collection of the amount of the loan, but the state is not relieved by this subrogation from its obligation to make payments from the security fund as provided in its credit enhancement agreement with the political subdivision. (6) Prior to entering into a credit enhancement agreement, the Drinking Water Board or Water Quality Board shall obtain an opinion of counsel experienced in bond matters to the effect that the drinking water or wastewater project obligation to be purchased or with respect to which a loan is to be made, is a valid and binding obligation of the political subdivision which issued it. (7) Prior to making any payment under the credit enhancement agreement, the Drinking Water Board or Water Quality Board shall: (a) verify the correctness of the information in any notification referred to in Subsection (3); and (b) determine that funds in the security fund are adequate to purchase the drinking water or wastewater project obligations or to make any loan of funds provided by the credit enhancement agreement.
Utah Code § 73-5a-203 — Utah Code / Title 73 / Chapter 73-5a / § 73-5a-203
§ 73-5a-203. Review of plans.
Status: in_force

(1) The state engineer shall establish a formal written procedure for the review of plans submitted pursuant to Section 73-5a-202. Plans shall be reviewed according to: (a) design criteria which the state engineer shall specify in rules; and (b) data or criteria generally accepted by the general dam design community. (2) Upon review of the plans, the state engineer will: (a) approve them with appropriate conditions; (b) reject them; or (c) return them for correction. (3) The state engineer shall document each review indicating: (a) how the plans were reviewed; and (b) the state engineer's evaluation of the plans.
Utah Code § 73-10-23 — Utah Code / Title 73 / Chapter 73-10 / § 73-10-23
§ 73-10-23. Loans for water systems -- Board of Water Resources authority -- Procedure.
Status: in_force

(1) The Board of Water Resources may make loans to cities, towns, metropolitan water districts, water conservancy districts, improvement districts, special improvement districts, or special service districts within the state for the acquisition or construction of new or existing water systems or the improvement or extension of those systems from money appropriated for the purpose of this chapter. (2) (a) Cities, towns, or districts which participate in this program shall submit an application for money to the Board of Water Resources. (b) The application may request a loan to cover all or part of the cost of an eligible project. (c) Requests for loans shall be submitted in a form and shall include information as the Board of Water Resources prescribes. (3) (a) The Board of Water Resources shall establish criteria for determining eligibility for loans and shall determine appropriate priorities among projects. (b) Money received from the repayment of loans shall be deposited into the Water Resources Conservation and Development Fund created in Section 73-10-24 and be available for additional loans under the administration of the Board of Water Resources. (c) In determining priorities for eligible projects, the Board of Water Resources shall consider: (i) probable growth of population due to actual or prospective economic development in an area; (ii) possible additional sources of state and local revenue; (iii) opportunities for expanded employment; (iv) present or potential health hazards; (v) water systems which do not meet minimum state standards; (vi) cities, towns, or districts which have insufficient water to meet current demands; (vii) feasibility and practicality of the project; (viii) per capita cost of the project; (ix) per capita income of the residents in the area; (x) the borrowing capacity of the city, town, or district and its ability to sell bonds in the open market; and (xi) the availability of federal money for the project. (4) (a) The Board of Water Resources shall consult with the Governor's Advisory Council on Community Affairs in the establishment of priorities but that advice is not binding upon the Board of Water Resources. (b) If an application is rejected, the Board of Water Resources shall notify the applicant stating the reasons for the rejection. (5) The Board of Water Resources shall review the plans and specifications for the project prior to approval and may condition approval and the availability of money on assurances the Board of Water Resources considers necessary to ensure that the proceeds of the loan will be used to pay the cost of the project and that the project will be completed. (6) Any loan shall specify the terms for repayment and may be evidenced by general obligation bonds, revenue bonds, special assessment bonds, or other bonds or obligations legally issued by the appropriate city, town, metropolitan water district, water conservancy district, improvement district, special improvement district, or special service district and purchased by the Board of Water Resources pursuant to the authority for the issuance that exists at the time of the loan. (7) (a) Upon approval of an application, the Board of Water Resources shall advise the applicant and may provide money as a loan to cover all or part of the costs of eligible projects. (b) Costs of an eligible project may include all costs of acquisition and construction as well as costs incurred for preliminary planning to determine the economic and engineering feasibility of a proposed project, the engineering, architectural, legal, fiscal, and economic investigations and studies, surveys, designs, plans, working drawings, specifications, procedures, and other action necessary to the project and its financing; the cost of erection, building, acquisition, modification, improvement, or extension of water system facilities and the inspection and supervision of the construction of such facilities. (8) A loan may not include any project costs for which the applicant receives federal financial assistance, other than federal loans that must be repaid by the applicant.
Utah Code § 73-1-5 — Utah Code / Title 73 / Chapter 73-1 / § 73-1-5
§ 73-1-5. Use of water a public use.
Status: in_force

The use of water for beneficial purposes, as provided in this title, is hereby declared to be a public use.
Utah Code § 73-1-7 — Utah Code / Title 73 / Chapter 73-1 / § 73-1-7
§ 73-1-7. Enlargement for joint use of ditch.
Status: in_force

(1) When a person with no existing shareholder or contractual rights in the canal or ditch described in this Subsection (1) desires to convey water for irrigation or any other beneficial purpose and there is a canal or ditch already constructed that can be used or enlarged to convey the required quantity of water, the person may use or enlarge the canal or ditch already constructed if: (a) the canal or ditch can be: (i) used without displacing current users or exceeding free board capacity; or (ii) enlarged to convey the required quantity of water necessary to deliver all water authorized for delivery to authorized users of the canal or ditch, provide adequate free board capacity, and carry the additional quantity of water requested by the person; (b) the person compensates: (i) the owner of the canal or ditch to be used or enlarged for the damage caused by the use or enlargement; and (ii) each landowner whose land is encumbered by an easement related to the canal or ditch if the carrying of additional water will expand the scope of the easement; (c) the person pays an equitable proportion of the maintenance and operation of the canal or ditch jointly used or enlarged; and (d) the person complies with Subsections (2) through (4). (2) An enlargement made in accordance with Subsection (1) shall be made between October 1 and March 1, unless another time is agreed to with: (a) the owner of the canal or ditch; and (b) each landowner whose land is encumbered by an easement related to the canal or ditch if the carrying of additional water will expand the scope of the easement. (3) The additional water turned in to the canal or ditch shall bear its proportion of loss by evaporation and seepage. (4) Before use or enlargement is allowed in accordance with this section, the person seeking to use or enlarge the canal or ditch shall negotiate in good faith to enter into a written contract governing the relationship, including terms of use and payment, between the person and the following: (a) the canal or ditch owner; and (b) each landowner whose land is encumbered by an easement related to the canal or ditch if the carrying of additional water will expand the scope of the easement. (5) A person seeking to use or enlarge a canal or ditch in accordance with this section may not rely on the right-of-way provisions of Section 73-1-6 against: (a) an owner of the canal or ditch unless the person has: (i) attempted in good faith to enter into a written contract pursuant to Subsection (4)(a); and (ii) failed to enter into a written contract; and (b) a landowner whose land is encumbered by an easement related to the canal or ditch if the carrying of additional water will expand the scope of the easement unless the person has: (i) attempted in good faith to enter into a written contract pursuant to Subsection (4)(b); and (ii) failed to enter into a written contract. (6) Unless otherwise agreed to in the written contract referenced in Subsection (4)(a), a person using an existing canal or ditch under this section: (a) does not acquire any voting rights in the entity owning the canal or ditch not already possessed by a person; (b) does not acquire any rights to direct the operation of the canal or ditch; (c) may not add water to the canal or ditch that impairs the water quality in the canal or ditch, or increases the cost of any treatment, to a degree that adversely impacts the intended use of the water already in the canal or ditch; (d) may not add water to the canal or ditch that exceeds the capacity of the canal or ditch, including free board capacity; (e) may not modify any water rights without state engineer approval; (f) shall pay an equitable proportion of construction or upgrade costs, including any related debt service, incurred by the owner of the canal or ditch within five years before the day on which the person begins use of the existing canal or ditch; (g) is liable for an equitable proportion of any liability arising out of the operation or maintenance of the canal or ditch unless the event giving rise to the liability was caused solely by the person or by the owner of the canal or ditch; (h) is solely liable for any liability arising out of the operation or maintenance of the canal or ditch if the event giving rise to the liability was caused solely by the person; and (i) is not liable for any liability arising out of the operation or maintenance of the canal or ditch if the event giving rise to the liability was caused solely by the owner of the canal or ditch. (7) This section is not applicable to any type of water conveyance infrastructure other than a canal or ditch described in this section. (8) Nothing in this section will eliminate a criminal penalty resulting from conduct prohibited by Section 73-1-15.
Utah Code § 73-10g-306 — Utah Code / Title 73 / Chapter 73-10g / § 73-10g-306
§ 73-10g-306. Local  councils -- Creation.
Status: in_force

(1) A proposed local council may be certified by the Utah Watersheds Council under Subsection 73-10g-305(1)(c) if: (a) the organizing documents and policies of the proposed local council: (i) provide for an open and equitable system of governance; (ii) encourage participation by a water user or group of water users, other watershed groups, mutual irrigation companies, distribution system committees, and other stakeholders within the watershed; and (iii) require that: (A) a majority of the members of the local council constitutes a quorum; and (B) an action of the local council be approved by no less than a majority of the members of the local council; (b) in a balance appropriate for the watershed, the proposed local council membership includes watershed stakeholders who reside or work within the watershed or own or control the right to divert or use water within the watershed and is representative, where feasible, of at least these interests: (i) agriculture; (ii) industry; (iii) Indian tribes; (iv) public water suppliers, as defined in Section 73-1-4; (v) water planning and research institutions; (vi) water quality; (vii) fish and wildlife; (viii) water dependent habitat and environments; (ix) watershed management, such as distribution system committees functioning within the watershed; (x) mutual irrigation companies; (xi) land use planning agencies; and (xii) local sponsors of Bureau of Reclamation projects; (c) for each of the five watersheds that drain into Great Salt Lake, the proposed local council includes a person designated by the Great Salt Lake local watershed council, if the Great Salt Lake local council is certified; and (d) for the Great Salt Lake watershed, the proposed local council includes a person designated by each of the five watersheds that drain into Great Salt Lake that has a certified local watershed council. (2) A local council may invite state and federal agencies to name representatives as liaisons to the local council.
Utah Code § 73-1-15.5 — Utah Code / Title 73 / Chapter 73-1 / § 73-1-15.5
§ 73-1-15.5. Relocation of easements for a water conveyance facility -- Alteration of a water conveyance facility.
Status: in_force

(1) As used in this section: (a) "Facility owner" means an individual, entity, mutual water company, or unincorporated organization: (i) operating a water conveyance facility; (ii) owning any interest in a water conveyance facility; or (iii) having a property interest in real property based on the presence of the water conveyance facility located and operating on the real property. (b) (i) "Water conveyance facility" means a ditch, canal, flume, pipeline, or other watercourse used to convey water used for irrigation or storm water drainage and any related easement for the ditch, canal, flume, pipeline, or other watercourse. (ii) "Water conveyance facility" does not mean a ditch, canal, flume, pipeline, or other watercourse used to convey water used for culinary or industrial water, or any federal water project facility. (2) Unless prohibited by the terms of a written grant of easement or an agreement for which consideration was given, a property owner may make reasonable changes in the location and method of delivery of a water conveyance facility located on the property owner's real property after: (a) having a licensed engineer: (i) redesign the water conveyance facility, which may include relocating the water conveyance facility to a new location on the property owner's real property or on the real property of another person who consents to the relocation; and (ii) certify that the engineered redesign of the water conveyance facility and method of delivery meets the requirements of Subsection (4); (b) providing the plans designed by the licensed engineer under Subsection (2)(a)(i) to the facility owner; (c) allowing the facility owner a reasonable time to review the plans designed by the licensed engineer under Subsection (2)(a)(i), provide comments to the plans, and subject to Subsection (3), require changes and approve the planned redesign before commencing the modifications; (d) allowing the facility owner to inspect the modified water conveyance facility during construction of the modification and require reasonable changes if construction of the modification is not occurring according to an approved redesign plan as required by Subsection (3)(b); and (e) providing the facility owner with the ability to reasonably access, operate, maintain, and replace the modified water conveyance facility. (3) A facility owner: (a) may require a change to the plans designed by the licensed engineer under Subsection (2)(a)(i) only if the change is: (i) directly related to a reasonably anticipated negative impact, resulting from the relocation of the water conveyance facility or a change in the method of water delivery; and (ii) the least costly means of addressing the anticipated negative impact described in Subsection (3)(a)(i) after taking into account the provisions of Subsection (4); and (b) shall approve the plans designed by the licensed engineer under Subsection (2)(a)(i) if: (i) the plans reasonably address any anticipated negative impacts resulting from the relocation of the water conveyance facility or a change in the method of water delivery; (ii) the property owner has proposed reasonable terms or conditions to satisfy the provisions of Subsection (4); and (iii) the property owner satisfies the provisions of Subsection (2). (4) A property owner may not relocate a water conveyance facility or change the method of delivery of a water conveyance facility in accordance with Subsection (2) if the modification: (a) significantly decreases the utility of the water conveyance facility for its current use; (b) increases the burden on the facility owner's use of the water conveyance facility in a way not compensated for by the property owner; or (c) frustrates the purpose of the water conveyance facility. (5) (a) A property owner or a facility owner may request the Office of the Property Rights Ombudsman to mediate any dispute over the application of this section. (b) A property owner and a facility owner may jointly request the Office of the Property Rights Ombudsman to arbitrate any dispute over the application of this section. (6) A property owner relocating a water conveyance facility under this section is responsible for: (a) the reasonable, actual costs incurred in modifying the water conveyance facility, including: (i) planning and construction costs; (ii) the actual engineering and inspection costs during construction; (iii) costs reasonably and necessarily incurred by the facility owner related to the modification of the water conveyance facility; and (iv) legal costs incurred by the facility owner in reviewing and approving plans and proposing modifications, limited to the lesser amount of actual attorney fees incurred or $5,000; and (b) the costs of preparing instruments associated with any new easement for the modified water conveyance facility, as described in Subsection (8). (7) In an action where a claim is made that a provision of this section has been violated, a court may, in addition to any other relief granted, award costs and reasonable attorney fees: (a) to the facility owner if the court finds that the property owner failed to comply with the plan approved in accordance with Subsection (3); or (b) to the property owner if the court finds that the facility owner made unreasonable demands in reviewing the property owner's proposed plans or in requiring changes to the proposed or approved plans. (8) (a) If a water conveyance facility is relocated under this section, the facility owner shall record an instrument extinguishing the existing easement in exchange for the grant of a new easement for the relocated water conveyance facility by the property owner burdened by the modified water conveyance facility. (b) The instruments extinguishing the previous easement and granting the new easement shall be: (i) in a form mutually acceptable to the facility owner and the property owner; and (ii) recorded in the county in which the modified water conveyance facility is located. (c) The property owner shall pay all recording fees for the instruments described in Subsections (8)(a) and (b).
Utah Code § 73-3-16 — Utah Code / Title 73 / Chapter 73-3 / § 73-3-16
§ 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.
Status: in_force

(1) Sixty days before the date set for the proof of appropriation or proof of change to be made, the state engineer shall notify the applicant by mail, or send notice electronically if receipt is verifiable, when proof of completion of the works and application of the water to a beneficial use is due. (2) (a) On or before the date set for completing the proof in accordance with the approved application, the applicant shall file proof with the state engineer on forms furnished by the state engineer. (b) The filing of a proof in accordance with this section is a request for agency action under Title 63G, Chapter 4, Administrative Procedures Act, only between the applicant and the state engineer. (3) Except as provided in Subsection (4), the applicant shall submit the following information: (a) a description of the works constructed; (b) the quantity of water in acre-feet or the flow in second-feet diverted, or both; (c) the method of: (i) applying the water to beneficial use; or (ii) verifying a net decrease in depletion or net reduction in diversion in accordance with an application to quantify saved water, as defined in Section 73-3-3; and (d) (i) detailed measurements: (A) of water put to beneficial use; and (B) if applicable, demonstrating the quantity of saved water, as defined in Section 73-3-3; (ii) the date the measurements were made; and (iii) the name of the person making the measurements. (4) (a) (i) On applications filed for appropriation or permanent change of use of water to provide a water supply for state projects constructed in accordance with Chapter 10, Board of Water Resources - Division of Water Resources, or for federal projects constructed by the United States Bureau of Reclamation for the use and benefit of the state, any of the state's agencies, the state's political subdivisions, public and quasi-municipal corporations, or water users' associations of which the state, the state's agencies, the state's political subdivisions, or public and quasi-municipal corporations are stockholders, the proof shall include: (A) a statement indicating construction of the project works has been completed; (B) a description of the major features with appropriate maps, profiles, drawings, and reservoir area-capacity curves; (C) a description of the point or points of diversion and rediversion; (D) project operation data; (E) a map showing the place of use of water and a statement of the purpose and method of use; (F) the project plan for beneficial use of water under the applications and the quantity of water required; and (G) a statement indicating what type of measuring devices have been installed. (ii) The director of the Division of Water Resources shall sign proofs for the state projects and an authorized official of the Bureau of Reclamation shall sign proofs for the federal projects specified in Subsection (4)(a)(i). (b) Proof on an application for appropriation or permanent change for a surface storage facility in excess of 1,000 acre-feet constructed by a public water supplier to provide a water supply for the reasonable requirements of the public shall include: (i) a description of the completed water storage facility; (ii) a description of the major project features and appropriate maps, profiles, drawings, and reservoir area-capacity curves as required by the state engineer; (iii) the quantity of water stored in acre-feet; (iv) a description of the water distribution facility for the delivery of the water; and (v) the project plan for beneficial use of water including any existing contracts for water delivery. (5) The proof on an application shall be sworn to by the applicant or the applicant's appointed representative. (6) (a) Except as provided in Subsection (6)(b), when filing proof, the applicant shall submit a map, profile, or drawing made by a Utah licensed land surveyor or Utah licensed professional engineer that shows: (i) the location of the completed works; (ii) the nature and extent of the completed works; (iii) the natural stream or source from which and the point where the water is diverted and, in the case of a nonconsumptive use, the point where the water is returned; and (iv) the place of use. (b) The state engineer may waive the filing of a map, profile, or drawing if in the state engineer's opinion the written proof adequately describes the works and the nature and extent of beneficial use. (7) In those areas in which general determination proceedings are pending, or have been concluded, under Chapter 4, Determination of Water Rights, the state engineer may petition the court with jurisdiction for permission to: (a) waive the requirements of this section and Section 73-3-17; and (b) permit each owner of an application to file a verified statement to the effect that the applicant has completed the appropriation or change and elects to file a statement of water users claim in the proposed determination of water rights or any supplement to the determination of water rights in accordance with Chapter 4, Determination of Water Rights, in lieu of proof of appropriation or proof of change. (8) This section does not apply to an application for a fixed time, a temporary change application, or dedicated water application as defined in Section 73-3-30.3.
Utah Code § 73-5a-303 — Utah Code / Title 73 / Chapter 73-5a / § 73-5a-303
§ 73-5a-303. Circumstances under which the plan must be modified or the approval revoked.
Status: in_force

(1) If at any time during construction, enlargement, repair, alteration, or removal of a dam the state engineer finds that the conditions encountered differ appreciably from those assumed in the plan, the state engineer may require the plans to be modified. (2) If conditions are revealed which will not permit the construction of a safe dam, the state engineer shall revoke the approval.
Utah Code § 73-3-6 — Utah Code / Title 73 / Chapter 73-3 / § 73-3-6
§ 73-3-6. Publication of notice of application -- Corrections or amendments of applications -- Confirmation -- Withdrawal of application.
Status: in_force

(1) (a) When an application is filed in compliance with this title, the state engineer shall publish a notice of the application: (i) once a week for a period of two successive weeks in a newspaper of general circulation in the county in which the source of supply is located, and where the water is to be used; and (ii) in accordance within Section 45-1-101 for two weeks. (b) The notice shall: (i) state that an application has been made; and (ii) specify where the interested party may obtain additional information relating to the application. (c) Clerical errors, ambiguities, and mistakes that do not prejudice the rights of others may be corrected by order of the state engineer either before or after the publication of notice. (d) The state engineer may confirm publication of a notice of application under this Subsection (1) through electronic means. (2) After publication of notice to water users, the state engineer may authorize amendments or corrections that involve a change of point of diversion, place, or purpose of use of water, only after republication of notice to water users. (3) (a) An applicant or an applicant's successor in interest may withdraw an unperfected application by notifying, in writing, the state engineer of the withdrawal. (b) Upon receipt of the notice described in Subsection (3)(a), the state engineer shall promptly update state engineer records to reflect that the application has been withdrawn and is of no further force or effect. (c) An individual who withdraws an unperfected application under Subsection (3)(a) is not entitled to a refund of fees.
Utah Code § 73-18c-303 — Utah Code / Title 73 / Chapter 73-18c / § 73-18c-303
§ 73-18c-303. Condition to obtaining registration.
Status: in_force

The owner of a motorboat required to maintain owner's security under Section 73-18c-301 shall be required to swear or affirm, in writing, that he or she has owner's security in effect at the time of registering the motorboat.
Utah Code § 73-18-7 — Utah Code / Title 73 / Chapter 73-18 / § 73-18-7
§ 73-18-7. Registration requirements -- Exemptions -- Fee -- Agents -- Records -- Period of registration and renewal -- Expiration -- Notice of transfer of interest or change of address -- Duplicate registration card -- Invalid registration -- Powers of division.
Status: in_force

(1) (a) Except as provided by Section 73-18-9, the owner of each motorboat and sailboat on the waters of this state shall register it with the division as provided in this chapter. (b) A person may not place, give permission for the placement of, operate, or give permission for the operation of a motorboat or sailboat on the waters of this state, unless the motorboat or sailboat is registered as provided in this chapter. (2) (a) The owner of a motorboat or sailboat required to be registered shall file an application for registration with the division on forms approved by the division. (b) The owner of the motorboat or sailboat shall sign the application, pay the fee set by the division, and pay the Boating Grant Tax as described in Section 59-34-103, after notifying the commission, in accordance with Section 63J-1-504. (c) Before receiving a registration card and registration decals, the applicant shall provide the division with a certificate from the county assessor of the county in which the motorboat or sailboat has situs for taxation, stating that: (i) the property tax on the motorboat or sailboat for the current year has been paid; (ii) in the county assessor's opinion, the property tax is a lien on real property sufficient to secure the payment of the property tax; or (iii) the motorboat or sailboat is exempt by law from payment of property tax for the current year. (d) If the division modifies the fee under Subsection (2)(b), the modification shall take effect on the first day of the calendar quarter after 90 days from the day on which the division provides the State Tax Commission: (i) notice from the division stating that the division will modify the fee; and (ii) a copy of the fee modification. (e) (i) The division may enter into an agreement with the Motor Vehicle Division created in Section 41-1a-106 to administer the registration requirements described in this chapter. (ii) An individual may request automatic registration renewal as described in Section 41-1a-216. (3) (a) Upon receipt of the application in the approved form, the division shall record the receipt and issue to the applicant registration decals and a registration card that state the number assigned to the motorboat or sailboat and the name and address of the owner. (b) The registration card shall be available for inspection on the motorboat or sailboat for which it was issued, whenever that motorboat or sailboat is in operation. (4) The assigned number shall: (a) be painted or permanently attached to each side of the forward half of the motorboat or sailboat; (b) consist of plain vertical block characters not less than three inches in height; (c) contrast with the color of the background and be distinctly visible and legible; (d) have spaces or hyphens equal to the width of a letter between the letter and numeral groupings; and (e) read from left to right. (5) A motorboat or sailboat with a valid marine document issued by the United States Coast Guard is exempt from the number display requirements of Subsection (4). (6) The nonresident owner of any motorboat or sailboat already covered by a valid number that has been assigned to it according to federal law or a federally approved numbering system of the owner's resident state is exempt from registration while operating the motorboat or sailboat on the waters of this state unless the owner is operating in excess of the reciprocity period provided for in Subsection 73-18-9(1). (7) (a) If the ownership of a motorboat or sailboat changes, the new owner shall file a new application form and fee with the division, and the division shall issue a new registration card and registration decals in the same manner as provided for in Subsections (2) and (3). (b) The division shall reassign the current number assigned to the motorboat or sailboat to the new owner to display on the motorboat or sailboat. (8) If the United States Coast Guard has in force an overall system of identification numbering for motorboats or sailboats within the United States, the numbering system employed under this chapter by the division shall conform with that system. (9) (a) The division may authorize any person to act as its agent for the registration of motorboats and sailboats. (b) A number assigned, a registration card, and registration decals issued by an agent of the division in conformity with this chapter and rules of the division are valid. (10) (a) The Motor Vehicle Division shall classify all records of the division made or kept according to this section in the same manner that motor vehicle records are classified under Section 41-1a-116. (b) Division records are available for inspection in the same manner as motor vehicle records pursuant to Section 41-1a-116. (11) (a) (i) Each registration, registration card, and decal issued under this chapter shall continue in effect for 12 months, beginning with the first day of the calendar month of registration. (ii) A registration may be renewed by the owner in the same manner provided for in the initial application. (iii) The division shall reassign the current number assigned to the motorboat or sailboat when the registration is renewed. (b) Each registration, registration card, and registration decal expires the last day of the month in the year following the calendar month of registration. (c) If the last day of the registration period falls on a day in which the appropriate state or county offices are not open for business, the registration of the motorboat or sailboat is extended to 12 midnight of the next business day. (d) The division may receive applications for registration renewal and issue new registration cards at any time before the expiration of the registration, subject to the availability of renewal materials. (e) The new registration shall retain the same expiration month as recorded on the original registration even if the registration has expired. (f) The year of registration shall be changed to reflect the renewed registration period. (g) If the registration renewal application is an application generated by the division through its automated system, the owner is not required to surrender the last registration card or duplicate. (12) (a) An owner shall notify the division of: (i) the transfer of all or any part of the owner's interest, other than creation of a security interest, in a motorboat or sailboat registered in this state under Subsections (2) and (3); and (ii) the destruction or abandonment of the owner's motorboat or sailboat. (b) Notification must take place within 15 days of the transfer, destruction, or abandonment. (c) (i) The transfer, destruction, or abandonment of a motorboat or sailboat terminates its registration. (ii) Notwithstanding Subsection (12)(c)(i), a transfer of a part interest that does not affect the owner's right to operate a motorboat or sailboat does not terminate the registration. (13) (a) A registered owner shall notify the division within 15 days if the owner's address changes from the address appearing on the registration card and shall, as a part of this notification, furnish the division with the owner's new address. (b) The division may provide in the division's rules for: (i) the surrender of the registration card bearing the former address; and (ii) (A) the replacement of the card with a new registration card bearing the new address; or (B) the alteration of an existing registration card to show the owner's new address. (14) (a) If a registration card is lost or stolen, the division may collect a fee of $4 for the issuance of a duplicate card. (b) If a registration decal is lost or stolen, the division may collect a fee of $3 for the issuance of a duplicate decal. (15) A number other than the number assigned to a motorboat or sailboat or a number for a motorboat or sailboat granted reciprocity under this chapter may not be painted, attached, or otherwise displayed on either side of the bow of a motorboat or sailboat. (16) A motorboat or sailboat registration and number are invalid if obtained by knowingly falsifying an application for registration. (17) The division may designate the suffix to assigned numbers, and by following the procedures and requirements of Title 63G, Chapter 3, Utah Administrative Rulemaking Act, make rules for: (a) the display of registration decals; (b) the issuance and display of dealer numbers and registrations; and (c) the issuance and display of temporary registrations. (18) A violation of this section is an infraction.
Utah Code § 73-18-20.2 — Utah Code / Title 73 / Chapter 73-18 / § 73-18-20.2
§ 73-18-20.2. Defaced, altered, or obliterated identification or serial number -- Release of vessel.
Status: in_force

If the hull identification number or serial number for the engine or outboard motor of a vessel seized under Section 73-18-20.1 has been defaced, altered, or obliterated, the vessel may not be released until: (1) the original manufacturer's hull identification number or engine or outboard motor serial number has been replaced; or (2) a new number assigned by the division or its authorized agent has been provided and has been affixed to the vessel, engine, or outboard motor.
Utah Code § 73-2-23.1 — Utah Code / Title 73 / Chapter 73-2 / § 73-2-23.1
§ 73-2-23.1. Assistance of state engineer in management of flood waters.
Status: in_force

In addition to the state engineer's other flood management authority under Sections 73-2-22 and 73-2-23, the state engineer may assist in the management of flood waters pursuant to court judgments and decrees.
Utah Code § 73-16-5 — Utah Code / Title 73 / Chapter 73-16 / § 73-16-5
§ 73-16-5. Error in copying does not invalidate.
Status: in_force

Any error made, if any, in copying the original compact in Section 73-16-2 hereof, shall be held not to invalidate the ratification of the compact in any way.
Utah Code § 73-3a-107 — Utah Code / Title 73 / Chapter 73-3a / § 73-3a-107
§ 73-3a-107. Publication of notice of application -- Corrections or amendments of applications.
Status: in_force

(1) (a) When an application is filed in accordance with Section 73-3a-106 and relevant provisions of Chapter 3, Appropriation, the state engineer shall publish a notice of the application: (i) once a week for a period of two successive weeks in a newspaper of general circulation in the county in which the water source is located and where the water is to be used; and (ii) in accordance with Section 45-1-101 for two weeks. (b) The notice shall: (i) state that an application has been made; and (ii) specify where the interested party may obtain additional information relating to the application. (c) The notice described in Subsection (1)(a)(i) may be published in more than one newspaper. (2) Clerical errors, ambiguities, and mistakes in the application that do not prejudice the rights of others may be corrected by order of the state engineer either before or after the publication of notice. (3) If amendments or corrections to the application are made that involve a change of point of diversion, place of use, or purpose of use of water, the notice must be republished.
Utah Code § 73-31-105 — Utah Code / Title 73 / Chapter 73-31 / § 73-31-105
§ 73-31-105. Scope.
Status: in_force

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 provisions that apply to a water bank.
Utah Code § 73-3-13 — Utah Code / Title 73 / Chapter 73-3 / § 73-3-13
§ 73-3-13. Protests -- Procedure.
Status: in_force

(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 request for agency action, the state engineer shall give the applicant notice and hold an adjudicative proceeding. (3) If diligence is not shown by the applicant, the state engineer may declare the application and all rights under it forfeited.
Utah Code § 73-28-402 — Utah Code / Title 73 / Chapter 73-28 / § 73-28-402
§ 73-28-402. Agreement for delivery -- Period for repayment of costs.
Status: in_force

(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 repay the preconstruction and construction costs within 50 years from the date of: (a) the delivery of developed water to the district during the first 10 years after the project is completed; or (b) the project's completion for any developed water delivered to the district after the tenth anniversary date of the project's completion. (3) If a contract was made after the project's completion date, the district shall repay the preconstruction and construction costs within a period not to exceed 50 years from the date that the contract was made. (4) The board shall establish and charge a reasonable interest rate for the unpaid balance of reimbursable preconstruction and construction costs.
Utah Code § 73-18c-103 — Utah Code / Title 73 / Chapter 73-18c / § 73-18c-103
§ 73-18c-103. Liability not limited to face amount of owner's security.
Status: in_force

(1) If a person maintains owner's security under this chapter, it does not limit the person's liability to the face amount of the owner's security. (2) Nothing in this chapter prevents the plaintiff in any action at law from relying for relief upon other processes provided by law.
Utah Code § 73-2-1.5 — Utah Code / Title 73 / Chapter 73-2 / § 73-2-1.5
§ 73-2-1.5. Procedures -- Adjudicative proceedings.
Status: in_force

Except as provided in Sections 63G-4-102 and 73-2-25, the state engineer and the Division of Water Rights shall comply with the procedures and requirements of Title 63G, Chapter 4, Administrative Procedures Act, in their adjudicative proceedings.
Utah Code § 73-28-302 — Utah Code / Title 73 / Chapter 73-28 / § 73-28-302
§ 73-28-302. Limits on amount of water available to any district -- Exception.
Status: in_force

(1) Except as provided in Subsection (2), the total amount of developed water that the board may make available to any district is limited as follows: (a) The Kane Water Conservancy District may purchase no more than 10,000 acre-feet of developed water per calendar year. (b) The Washington County Water Conservancy District may purchase no more than 69,000 acre-feet of developed water per calendar year. (c) The Central Iron County Water Conservancy District may purchase no more than the amount of Colorado River water it acquires. (2) (a) A district may purchase developed water in excess of the limits specified in Subsection (1) for that calendar year if: (i) developed water is available; and (ii) no other district eligible to receive the developed water has offered to purchase it. (b) The board may expand the size of the project and exceed the limits in Subsection (1) if the board or a district acquires additional water rights. (3) Before beginning the final design of the project, the board shall make rules establishing a reasonable time during which the districts may offer to purchase developed water. (4) If the Central Iron County Water Conservancy District acquires water rights and participates in the project, the board shall ensure that: (a) the project is sized and constructed to transport the Central Iron County Water Conservancy District's water from Lake Powell; and (b) facilities from Washington County to Cedar City are included in the project.
Utah Code § 73-2-26 — Utah Code / Title 73 / Chapter 73-2 / § 73-2-26
§ 73-2-26. Administrative penalties.
Status: in_force

(1) (a) As part of a final order issued under Section 73-2-25, the state engineer may order that a person to whom an order is issued: (i) pay an administrative fine not to exceed: (A) $5,000 for each knowing violation; or (B) $1,000 for each violation that is not knowing; (ii) replace up to 200% of water taken; and (iii) be liable for any expense incurred by the state engineer or division in investigating and stopping the violation. (b) The definition of "knowingly" under Subsection 76-2-103(2) shall apply to determinations under Subsection (1)(a)(i). (c) The penalties described in Subsection (1)(a) shall be in addition to: (i) any criminal penalty established for a violation described in Subsection (1); and (ii) any private right of action. (d) (i) Each day of a continuing violation of the provisions described in Subsection 73-2-25(2)(a) or an initial or final order issued under Section 73-2-25 is a separate violation. (ii) A penalty may not be imposed for a violation of the provisions listed in Subsection 73-2-25(2)(a) or an initial or a final order issued under Section 73-2-25 for a violation occurring more than 12 months before the day on which a notice of violation is issued. (e) Separate violations under Subsection (1)(d) may be consolidated for resolution in one enforcement proceeding under Section 73-2-25. (f) The state engineer has discretion to pursue an administrative fine, order requiring replacement, or both. (2) Before imposing a fine or ordering replacement under Subsection (1), the state engineer shall consider: (a) the value or quantity of water unlawfully taken, including the cost or difficulty of replacing the water; (b) the gravity of the violation, including the economic injury or impact to others; (c) whether the person subject to fine or replacement attempted to comply with the state engineer's orders; and (d) the violator's economic benefit from the violation. (3) (a) The state engineer may require that the water unlawfully taken be replaced after: (i) a person fails to request judicial review of a final order issued under Section 73-2-25; or (ii) the completion of judicial review, including any appeals. (b) The state engineer's order shall require that replacement of water begin within one year of the day on which: (i) the time period for requesting judicial review of a final order issued under Section 73-2-25 expires without a person requesting judicial review of the final order; or (ii) the completion of judicial review, including any appeals. (4) Water replaced under Subsection (3) shall be taken from water that the person subject to the order requiring replacement would be entitled to use during the replacement period. (5) (a) If the state engineer issues an order requiring replacement, a copy of the order shall be placed in the Division of Water Rights' water rights records. (b) The order requiring replacement shall constitute a lien upon the water right affected if the state engineer files a notice of lien in the office of the county recorder in the county where the place of use of the water right is located. (c) A notice of lien under Subsection (5)(b) shall include a legal description of the place of use of the water right. (6) Any money collected under this section shall be deposited into the General Fund.
Utah Code § 73-1-11 — Utah Code / Title 73 / Chapter 73-1 / § 73-1-11
§ 73-1-11. Appurtenant water rights pass to grantee of land -- Exceptions -- Conveyance of a portion of irrigated land -- Right to the use of water evidenced by shares of stock -- Appurtenant water rights -- Evidence -- Where appurtenant -- Partial conveyances of water and land.
Status: in_force

(1) (a) A water right appurtenant to land shall pass to the grantee of the land unless the grantor: (i) specifically reserves the water right or any part of the water right in the land conveyance document; (ii) conveys a part of the water right in the land conveyance document; or (iii) conveys the water right in a separate conveyance document prior to or contemporaneously with the execution of the land conveyance document. (b) If a county recorder records a document that conveys a water right appurtenant to land as described in Subsection (1)(a) and relies on the document to maintain a tract index described in Section 17-71-302, the state engineer shall rely on the document as an effective conveyance of a water right appurtenant to land. (2) (a) If the water right has been exercised in irrigating different parcels of land at different times, it shall pass to the grantee of a parcel of land on which the water right was exercised next preceding the time the land conveyance was executed. (b) Subsection (2)(a) applies only to land conveyances executed before May 4, 1998. (3) In any conveyance, the grantee assumes the obligation for any unpaid assessment. (4) (a) The right to the use of water evidenced by shares of stock in a corporation is not a water right appurtenant to land. (b) On or after May 14, 2013, unless provided otherwise in a corporation's articles of incorporation or bylaws, the right to the use of water evidenced by shares of stock in a corporation shall transfer only as provided in Subsection 73-1-10(2). (5) (a) This Subsection (5) governs land conveyances executed on or after May 4, 1998, and has no retrospective operation. (b) For purposes of land conveyances only, a water right evidenced by any of the following documents is appurtenant to land: (i) a decree entered by a court; (ii) a certificate issued under Section 73-3-17; (iii) a diligence claim for surface or underground water filed pursuant to Section 73-5-13; (iv) a water user's claim executed for general determination of water rights proceedings conducted pursuant to Title 73, Chapter 4, Determination of Water Rights, or pursuant to Section 73-3-16; (v) an approval for an application to appropriate water issued under Section 73-3-10; (vi) an approval for an application to permanently change the place of use of water issued under Section 73-3-10; or (vii) an approval for an application to exchange water issued under Section 73-3-20. (c) For purposes of land conveyances only, the land to which a water right is appurtenant is the authorized place of use of water as described in the: (i) decree; (ii) certificate; (iii) diligence claim; (iv) water user's claim; (v) approved application to appropriate water; (vi) approved application to permanently change the place of use of water; or (vii) approved exchange application. (d) If a grantor conveys part of the water right in a land conveyance document pursuant to Subsection (1)(b), the portion of the water right not conveyed is presumed to be reserved by the grantor. (e) If the land conveyed constitutes only a portion of the authorized place of use for the water right, the amount of the appurtenant water right that passes to the grantee shall be proportionate to the conveyed portion of the authorized place of use. (6) Beginning July 1, 2011, a deed conveying fee simple title to land may include a water rights addendum as provided in Section 57-3-109.
Utah Code § 73-10-18 — Utah Code / Title 73 / Chapter 73-10 / § 73-10-18
§ 73-10-18. Division of Water Resources -- Creation -- Power and authority.
Status: in_force

7/1/2026 (1) There is created the Division of Water Resources, which shall be within the Department of Natural Resources under the administration and general supervision of the executive director of the Department of Natural Resources and under the policy direction of the Board of Water Resources. (2) Except for the waters of the Colorado River system that are governed by Title 73, Chapter 34, Colorado River Authority of Utah Act, or state representation under the Bear River Compact or Columbia Interstate Compact, the Division of Water Resources shall: (a) be the water resource authority for the state; and (b) assume all of the functions, powers, duties, rights, and responsibilities of the Utah water and power board except those which are delegated to the board by this act and is vested with such other functions, powers, duties, rights and responsibilities as provided in this act and other law. (3) Notwithstanding Subsection (2), the Utah water agent, appointed under Section 73-10g-702, has authority over out-of-state negotiations related to water importation in accordance with Chapter 10g, Part 7, Utah Water Agent, except when limited by Section 73-10g-703.
Utah Code § 73-3-2 — Utah Code / Title 73 / Chapter 73-3 / § 73-3-2
§ 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.
Status: in_force

(1) (a) In order to acquire the right to use any unappropriated public water in this state, any person who is a citizen of the United States, or who has filed his declaration of intention to become a citizen as required by the naturalization laws, or any association of citizens or declarants, or any corporation, or the state of Utah by the directors of the divisions of travel development, business and economic development, wildlife resources, and state lands and forestry, or the executive director of the Department of Transportation for the use and benefit of the public, or the United States of America shall make an application in a form prescribed by the state engineer before commencing the construction, enlargement, extension, or structural alteration of any ditch, canal, well, tunnel, or other distributing works, or performing similar work tending to acquire such rights or appropriation, or enlargement of an existing right or appropriation. (b) The application shall be upon a form to be furnished by the state engineer and shall set forth: (i) the name and post office address of the person, corporation, or association making the application; (ii) the nature of the proposed use for which the appropriation is intended; (iii) the quantity of water in acre-feet or the flow of water in second-feet to be appropriated; (iv) the time during which it is to be used each year; (v) the name of the stream or other source from which the water is to be diverted; (vi) the place on the stream or source where the water is to be diverted and the nature of the diverting works; (vii) the dimensions, grade, shape, and nature of the proposed diverting channel; and (viii) other facts that clearly define the full purpose of the proposed appropriation. (2) (a) In addition to the information required in Subsection (1)(b), if the proposed use is for irrigation, the application shall show: (i) the legal subdivisions of the land proposed to be irrigated, with the total acreage thereof; and (ii) the character of the soil. (b) In addition to the information required in Subsection (1)(b), if the proposed use is for developing power, the application shall show: (i) the number, size, and kind of water wheels to be employed and the head under which each wheel is to be operated; (ii) the amount of power to be produced; (iii) the purposes for which and the places where it is to be used; and (iv) the point where the water is to be returned to the natural stream or source. (c) In addition to the information required in Subsection (1)(b), if the proposed use is for milling or mining, the application shall show: (i) the name of the mill and its location or the name of the mine and the mining district in which it is situated; (ii) its nature; and (iii) the place where the water is to be returned to the natural stream or source. (d) (i) The point of diversion and point of return of the water shall be designated with reference to the United States land survey corners, mineral monuments or permanent federal triangulation or traverse monuments, when either the point of diversion or the point of return is situated within six miles of the corners and monuments. (ii) If the point of diversion or point of return is located in unsurveyed territory, the point may be designated with reference to a permanent, prominent natural object. (iii) The storage of water by means of a reservoir shall be regarded as a diversion, and the point of diversion in those cases is the point where the longitudinal axis of the dam crosses the center of the stream bed. (iv) The point where released storage water is taken from the stream shall be designated as the point of rediversion. (v) The lands to be inundated by any reservoir shall be described as nearly as may be, and by government subdivision if upon surveyed land. The height of the dam, the capacity of the reservoir, and the area of the surface when the reservoir is filled shall be given. (vi) If the water is to be stored in an underground area or basin, the applicant shall designate, with reference to the nearest United States land survey corner if situated within six miles of it, the point of area of intake, the location of the underground area or basin, and the points of collection. (e) Applications for the appropriation of water filed prior to the enactment of this title, by the United States of America, or any officer or agency of it, or the state of Utah, or any officer or agency of it, are validated, subject to any action by the state engineer.
Utah Code § 73-5a-106 — Utah Code / Title 73 / Chapter 73-5a / § 73-5a-106
§ 73-5a-106. Dams classified according to hazard and use.
Status: in_force

(1) Dams shall be classified according to hazard and use. (2) Hazard classifications are as follows: (a) high hazard - those dams which, if they fail, have a high probability of causing loss of human life or extensive economic loss, including damage to critical public utilities; (b) moderate hazard - those dams which, if they fail, have a low probability of causing loss of human life, but would cause appreciable property damage, including damage to public utilities; and (c) low hazard - those dams which, if they fail, would cause minimal threat to human life, and economic losses would be minor or limited to damage sustained by the owner of the structure. (3) Use classifications are as follows: (a) water storage - dams which impound water for prolonged periods, including those built for irrigation, power generation, water supply, aquatic culture, and recreation; (b) flood control - dams constructed to operate only during significant runoff events and which impound water for a small percentage of time, including those built for flood control or sediment control and debris basins; (c) tailings - dams in which a large component of the material impounded consists of saturated solids; and (d) other - dams which impound a minimal amount of water or where the head behind the dam is minimal, including stock ponds, wash water ponds, recirculated process water ponds, regulating reservoirs, and diversion dams.
Utah Code § 73-28-201 — Utah Code / Title 73 / Chapter 73-28 / § 73-28-201
§ 73-28-201. Lake Powell Pipeline project.
Status: in_force

(1) The board shall: (a) construct the project as funded by the Legislature; (b) own, operate, and maintain the project until the title is transferred under Section 73-28-405; and (c) consult with the committee on a regular basis concerning the development, construction, operation, maintenance, repair, and replacement of the project. (2) (a) The board may contract with the state of Arizona to participate in the project to develop its water rights. (b) The board shall ensure that the contract requires the state of Arizona to pay for all project costs represented by its share of the project.
Utah Code § 73-10g-105 — Utah Code / Title 73 / Chapter 73-10g / § 73-10g-105
§ 73-10g-105. Loans -- Rulemaking.
Status: in_force

(1) (a) The division and the board shall make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, in preparation to make loans from available funds to repair, replace, or improve underfunded federal water infrastructure projects. (b) Subject to Chapter 26, Bear River Development Act, and Chapter 28, Lake Powell Pipeline Development Act, the division and the board shall make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, in preparation to make loans from available funds to develop the state's undeveloped share of the Bear and Colorado rivers. (2) The rules described in Subsection (1) shall: (a) specify the amount of money that may be loaned; (b) specify the criteria the division and the board shall consider in prioritizing and awarding loans; (c) specify the minimum qualifications for a person to receive a loan, including the amount of cost-sharing to be the responsibility of the person applying for a loan; (d) specify the terms of the loan, including the terms of repayment; and (e) require an applicant for a loan to apply on forms provided by the division and in a manner required by the division. (3) The division and the board shall, in making the rules described in Subsection (1) and in consultation with the Legislative Water Development Commission created in Section 73-27-102: (a) establish criteria for better water data and data reporting; (b) establish new conservation targets based on the data described in Subsection (3)(a); (c) institute a process for the independent verification of the data described in Subsection (3)(a); (d) establish a plan for an independent review of: (i) the proposed construction plan for an applicant's qualifying water infrastructure project; and (ii) the applicant's plan to repay the loan for the construction of the proposed water infrastructure project; (e) invite and recommend public involvement; and (f) set appropriate financing and repayment terms. (4) The division and the board shall provide regular updates to the Legislative Management Committee on the progress made under this section, including whether the division and board intend to issue a request for proposals.
Utah Code § 73-18-20.7 — Utah Code / Title 73 / Chapter 73-18 / § 73-18-20.7
§ 73-18-20.7. Unlawful control over vessels -- Penalties -- Effect of prior consent -- Accessory or accomplice.
Status: in_force

(1) Any person who exercises unauthorized control over a vessel that the person does not own without the consent of the owner or lawful custodian and with intent to temporarily deprive the owner or lawful custodian of possession of the vessel, is guilty of a class A misdemeanor. (2) An offense under this section is a third degree felony if the actor does not return the vessel to the owner or lawful custodian within 24 hours after the exercise of unauthorized control. (3) The consent of the owner or legal custodian of a vessel to its control by the actor is not in any case presumed or implied because of the owner's or legal custodian's consent on a previous occasion to the control of the vessel by the same or a different person. (4) Any person who assists in, or is a party or accessory to or an accomplice in, an unauthorized taking or operating of a vessel is guilty of a class A misdemeanor.
Utah Code § 73-3-4 — Utah Code / Title 73 / Chapter 73-3 / § 73-3-4
§ 73-3-4. "Received," "filed" defined.
Status: in_force

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 the term "filed" is used, it shall be deemed to mean the date when such paper was acceptably completed in form and substance and filed in said office.
Utah Code § 73-5a-401 — Utah Code / Title 73 / Chapter 73-5a / § 73-5a-401
§ 73-5a-401. Records and reports.
Status: in_force

The state engineer may make rules requiring the owner of any dam to: (1) maintain records pertaining to the construction, operation, or maintenance of the dam; or (2) submit: (a) reports to the state engineer regarding maintenance, operation, or instrumentation readings; or (b) any other data considered necessary by the state engineer.
Utah Code § 73-3d-401 — Utah Code / Title 73 / Chapter 73-3d / § 73-3d-401
§ 73-3d-401. Definitions.
Status: in_force

As used in this part: (1) "Arbitration" means a private hearing before a neutral or panel of neutrals from the department who hear the evidence, consider the contentions of the parties, and enters a written award to resolve the issues presented. (2) "Commission" means the Conservation Commission created in Section 4-18-104. (3) "Consequential damages" means the losses or injuries from the exercise of a preference under this chapter that result in material losses to an interrupted user and that are reasonably foreseeable to someone familiar with the industry where use is being made of the water at the time the preference is exercised, including: (a) loss of sales or operating revenue; (b) damage to equipment; or (c) damage to capital facilities or operational assets. (4) "Department" means the Department of Agriculture and Food. (5) "Fund" means the Agriculture Resource Development Fund created in Section 4-18-106. (6) "Interrupted user" means a person whose beneficial use of water is interrupted by the preferential use of water under this chapter, and is: (a) the holder or lessee of an approved application to appropriate water that is interrupted; (b) the record or equitable holder or lessee of a perfected water right that is interrupted; or (c) the owner, lessor, or lessee of a right to use water that is represented by shares of stock in a mutual water company whose water rights are interrupted. (7) "Mediation" means a private forum in which one or more impartial persons from the department facilitate communication between the interrupted user and the preferential user to promote a mutually acceptable resolution or settlement. (8) "Preferential user" means a person specified in the executive order declaring a temporary water shortage emergency who uses water preferentially during the temporary water shortage emergency.
Utah Code § 73-4-10 — Utah Code / Title 73 / Chapter 73-4 / § 73-4-10
§ 73-4-10. Amendment of pleadings -- Extensions of time.
Status: in_force

(1) The court shall have power to allow amendments to any petition, statement of claim, or pleading and to extend, upon due cause shown, the time for filing any other pleading, statement of claim, report, or objection. (2) If the claimant files a written request for an extension of time to file a statement of claim within the 90-day period to file a statement of claim, the state engineer shall grant one 30-day extension, in writing.
Utah Code § 73-34-302 — Utah Code / Title 73 / Chapter 73-34 / § 73-34-302
§ 73-34-302. Leasing requirements.
Status: in_force

(1) The board may lease agricultural water: (a) only to benefit the Great Salt Lake; and (b) if for a full irrigation season, no more than two years out of a five-year period on the same agricultural field. (2) Once a lease is approved by the board under the program, the agricultural user awarded the lease shall obtain approval of a water right application in accordance with this title.
Utah Code § 73-26-201 — Utah Code / Title 73 / Chapter 73-26 / § 73-26-201
§ 73-26-201. Entities eligible to receive developed water -- Leasing developed water -- Use of developed water.
Status: in_force

(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 the following entities: (a) the Bear River Water Conservancy District; (b) the Salt Lake County Water Conservancy District; (c) the Weber Basin Water Conservancy District; and (d) Cache County and any water conservancy district in Cache County. (2) A county or conservancy district that purchases or leases developed water may lease the water to any person. (3) A county or conservancy district that purchases or leases developed water may use the water directly or by exchange in accordance with Section 73-3-20.
Utah Code § 73-3-21.1 — Utah Code / Title 73 / Chapter 73-3 / § 73-3-21.1
§ 73-3-21.1. Priorities between appropriators.
Status: in_force

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 right.
Utah Code § 73-3a-101 — Utah Code / Title 73 / Chapter 73-3a / § 73-3a-101
§ 73-3a-101. Policy statement.
Status: in_force

(1) To ensure the welfare of its citizens, the state of Utah is dedicated to: (a) the conservation of its scarce water resources; (b) providing adequate water supplies; (c) ensuring that the waters of the state's streams are available to meet the state's water requirements; and (d) controlling its water resources in a manner that is in the best interest of the public. (2) To fulfill the policy stated in Subsection (1), the state of Utah has entered into interstate compacts on several of the state's streams that flow outside the state. (3) The state of Utah recognizes that under certain conditions the transportation of water for use outside the state may not be contrary to: (a) the conservation of Utah's waters; or (b) the public welfare.
Utah Code § 73-10c-1 — Utah Code / Title 73 / Chapter 73-10c / § 73-10c-1
§ 73-10c-1. Legislative findings.
Status: in_force

The Legislature finds that the conservation, development, treatment, restoration, and protection of the waters of this arid state are a state purpose and a matter of statewide concern. The needs and requirements associated with conserving, developing, treating, restoring, and protecting the waters of this state are of such magnitude and complexity that they justify state participation and assistance. The federal Safe Drinking Water Act, 42 United States Code Annotated Secs. 300f et seq. (federal drinking water act) establishes a national policy to ensure delivery of safe drinking water to the public, establishes maximum pollution levels, monitoring and reporting requirements and provides penalties, including the assessment of fines, for political subdivisions that violate the act. The Federal Water Pollution Control Act, Title 33, Chapter 26, United States Code (federal water pollution control act), establishes a national policy and program for the restoration, preservation, and protection of the nation's waters. The political subdivisions of this state are prohibited by the federal water pollution control act from polluting the navigable waters of the United States and are subject to various penalties, including the assessment of fines, for failing to meet the minimum standards of the federal water pollution control act. Pursuant to the requirements of the federal pollution control act, the state has established water quality standards and effluent limitations with respect to the waters of this state. These standards and limitations have been adopted by the United States Environmental Protection Agency for the purpose of issuing permits for wastewater projects and the state must certify compliance with these standards and limitations in order for the federal permit to be obtained. Under the federal water pollution control act, the state and its political subdivisions may receive grants, subject to the availability of funds, to meet the requirements of the federal water pollution control act if the state or its political subdivisions make contributions to the nonfederal share of construction costs of treatment works. It is desirable that the state assist in providing financing mechanisms to aid political subdivisions in securing needed water treatment and transporting water and in the acquisition and construction of drinking water projects and wastewater projects in order to accomplish the foregoing purposes, to protect the public health and welfare, to meet the anticipated growth in the state and to encourage development of the state's resources.
Utah Code § 73-5a-302 — Utah Code / Title 73 / Chapter 73-5a / § 73-5a-302
§ 73-5a-302. Failure to conform to plans.
Status: in_force

(1) If at any time during construction, enlargement, repair, alteration, or removal of any dam the state engineer finds that the work is not being done in accordance with the approved plans and specifications, the state engineer shall: (a) notify the owner of the failure to comply; (b) order the owner to effect compliance with the plans and specifications; or (c) approve the modification to the approved plans and specifications. (2) The state engineer may order that no further work be done until compliance has been effected and approved by the state engineer. (3) A failure to comply with the approved plans and specifications shall render the approval subject to revocation by the state engineer. If compliance is not effected in a reasonable time, the state engineer may order the incomplete structure removed in order to eliminate any safety hazard to life or property.
Utah Code § 73-18-3.5 — Utah Code / Title 73 / Chapter 73-18 / § 73-18-3.5
§ 73-18-3.5. Advisory council.
Status: in_force

The division, after notifying the commission, may appoint an advisory council that includes: (1) representation of boating interests; and (2) among the advisory council's duties, making recommendations on state boating policies.
Utah Code § 73-35-301 — Utah Code / Title 73 / Chapter 73-35 / § 73-35-301
§ 73-35-301. Appointment of river commissioner.
Status: in_force

7/1/2026 (1) (a) If the governor appoints the river commissioner before March 16, 2021, that appointment expires on June 30, 2027. (b) If the river commissioner appointed by the governor under Subsection (1)(a) is also appointed as a member of the authority, the river commissioner shall serve as the chair of the authority for a term expiring June 30, 2027. (c) After June 30, 2027, the governor shall appoint the river commissioner with the advice and consent of the Senate. (d) If after June 30, 2027, the governor appoints as the river commissioner an individual who is a member of the authority appointed under Subsection 73-34-202(1)(b) or (c), the individual is no longer a member of the authority under Subsection 73-34-202(1)(b) or (c) but is a member of the authority as the chair of the authority. The governor shall replace the vacancy created by appointment of the river commissioner under this Subsection (1) in accordance with Subsection 73-34-202(7). (e) An individual may not hold one of the following positions and be the river commissioner at the same time: (i) the director of the Division of Water Resources; (ii) the executive director of the department; or (iii) the state engineer. (2) The term of a river commissioner runs concurrently with the term as chair as provided in Sections 73-35-203 and 73-35-302. (3) If the river commissioner no longer serves as river commissioner, the governor shall fill the vacancy in accordance with this section and Section 73-35-203. (4) Notwithstanding Title 67, Chapter 16, Utah Public Officers' and Employees' Ethics Act, and except as provided in Subsection (1)(e), a river commissioner may hold another government position at the same time as being a river commissioner without creating a conflict of interest.
Utah Code § 73-3d-102 — Utah Code / Title 73 / Chapter 73-3d / § 73-3d-102
§ 73-3d-102. Scope of chapter.
Status: in_force

(1) (a) The powers vested in the governor under this chapter are in addition to, and not in lieu of, any other emergency powers otherwise statutorily vested in the governor, including the power of the governor to authorize the use of water sources as necessary for fire suppression under Subsection 53-2a-204(1)(o). (b) An executive order of the governor declaring a temporary water shortage emergency under this chapter is not a declaration of a state of emergency under Section 53-2a-206 and is not subject to Title 53, Chapter 2a, Part 2, Disaster Response and Recovery Act. To exercise an authority granted under Title 53, Chapter 2a, Part 2, Disaster Response and Recovery Act, related to a declaration of a state of emergency, the governor shall issue an executive order that is separate from an executive order declaring a temporary water shortage emergency. (2) Nothing in this chapter modifies: (a) the statutory duties of the state engineer under this title; or (b) except as specifically provided in an executive order declaring a temporary water shortage emergency, Subsection 73-3-1(5) or Section 73-3-21.1. (3) Nothing in this chapter may be construed to extend or enlarge the powers of the governor except as specifically stated in this chapter.
Utah Code § 73-28-403 — Utah Code / Title 73 / Chapter 73-28 / § 73-28-403
§ 73-28-403. Water and electricity charges.
Status: in_force

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 those costs within the time period specified in Section 73-28-402; (2) pay for operation and maintenance costs; (3) accumulate an adequate reserve for repair and replacement; and (4) allocate the proportionate cost of the project facilities required to deliver the developed water to each district.
Utah Code § 73-5-17 — Utah Code / Title 73 / Chapter 73-5 / § 73-5-17
§ 73-5-17. River distribution accounting report.
Status: in_force

(1) As used in this section: (a) "Natural flow" means the computed amount of water available within a defined portion of a river system. (b) "River system" means a portion of a natural stream and its tributaries where regulation and accounting are required. (2) The state engineer may conduct a review of distribution and accounting procedures on a river system in the state. (3) After conducting the review described in Subsection (2), the state engineer shall provide a report identifying: (a) actively administered: (i) water rights; (ii) diversions; and (iii) reservoirs; (b) accounting practices, including: (i) computation of natural flow; (ii) apportionment of natural flow to individual water rights; (iii) storage delivery and loss of storage; (iv) accounting for imports and exports; and (v) system losses including: (A) conveyance losses; and (B) reservoir losses; (c) recommendations for: (i) additional measurement and automation; and (ii) refinement of distribution or accounting practices in accordance with: (A) existing water rights; (B) the prior appropriation doctrine; and (C) relevant court decrees; and (d) the data and computations relied upon to provide the information described in Subsections (3)(a) through (c). (4) The state engineer shall make the report described in Subsection (3) available to the public on the Division of Water Rights website annually at least one week prior to the annual distribution system meeting.
Utah Code § 73-11-2 — Utah Code / Title 73 / Chapter 73-11 / § 73-11-2
§ 73-11-2. Reserve stock for irrigating trust lands -- Sell or lease excess stock.
Status: in_force

The School and Institutional Trust Lands Administration shall have power, and it shall be its duty: (1) in the event the merger and consolidation is effected, to reserve and hold an amount of the capital stock of the consolidated corporation as will supply a water right for all lands owned by the state and capable of irrigation from the canals, ditches, or distribution system of the consolidated corporation; and (2) to sell or lease all excess stock upon such terms as it may consider best to persons owning land capable of being irrigated from the canals, ditches, or distributing system of the consolidated corporation.
Utah Code § 73-15-8 — Utah Code / Title 73 / Chapter 73-15 / § 73-15-8
§ 73-15-8. Cloud seeding in Utah to target area in adjoining state.
Status: in_force

Cloud seeding in Utah to target an area in an adjoining state is prohibited except upon full compliance of the laws of the target area state the same as if the cloud-seeding operation took place in the target area state, as well as the other provisions of this act.
Utah Code § 73-10-5 — Utah Code / Title 73 / Chapter 73-10 / § 73-10-5
§ 73-10-5. Selection of project by board -- Preparation of plans and estimate of cost -- Contracts by board.
Status: in_force

When a project to be constructed with money made available from the funds created by Section 73-10-8 has been selected by the board, which in its opinion, will conserve the water resources of this state for the best interests of the citizens of the state, the board shall cause plans and cost estimates of such project to be prepared. Such plans and cost estimates shall then be referred to the director of the Division of Finance who shall determine whether or not funds are available for the construction of the project. If the director of the Division of Finance approves the project so far as the availability of funds is concerned, the Utah water and power board shall then enter into a contract or contracts for the construction of the project. Such contracts shall not be binding upon the state until approved by the director of the Division of Finance from the standpoint of whether or not the cost of the work is reasonable and whether the contract has been entered into under the terms and conditions most advantageous to the state.
Utah Code § 73-35-206 — Utah Code / Title 73 / Chapter 73-35 / § 73-35-206
§ 73-35-206. Reports.
Status: in_force

7/1/2026 (1) The authority shall prepare an annual report of the authority's and river commissioner's activities and submit the report to the following: (a) the governor; and (b) the Legislative Management Committee. (2) The authority shall respond to and participate in a meeting as requested by a legislative committee or by the governor.
Utah Code § 73-3-30 — Utah Code / Title 73 / Chapter 73-3 / § 73-3-30
§ 73-3-30. Application for an instream flow or use on sovereign lands -- Application for delivery to a reservoir.
Status: in_force

7/1/2026 (1) As used in this section: (a) "Colorado River System" means the same as that term is defined in Sections 73-12a-2 and 73-13-10. (b) "Dedicated water application" means the same as that term is defined in Section 73-3-30.3. (c) "Division" means: (i) the Division of Wildlife Resources created in Section 23A-2-201; (ii) the Division of State Parks created in Section 79-4-201; or (iii) the Division of Forestry, Fire, and State Lands created in Section 65A-1-4. (d) "Person entitled to the use of water" means the same as that term is defined in Section 73-3-3. (e) "Sovereign lands" means the same as that term is defined in Section 65A-1-1. (f) "Wildlife" means the same as that term is defined in Section 23A-1-101. (2) (a) In accordance with Section 73-3-3, for a purpose described in Subsection (2)(b): (i) a division may file a permanent change application, a fixed time change application, a temporary change application, or a dedicated water application; or (ii) a person entitled to the use of water may file a fixed time change application, a temporary change application, or a dedicated water application. (b) A division or person entitled to the use of water may file an application described in Subsection (2)(a) to provide water within the state for: (i) an instream flow within a specified section of a natural or altered stream; or (ii) use on sovereign lands. (c) The state engineer may not approve an application filed under this Subsection (2) unless the proposed instream flow or use on sovereign lands will contribute to: (i) the propagation or maintenance of wildlife; (ii) the management of a state park; or (iii) the reasonable preservation or enhancement of the natural aquatic environment. (d) A division may file an application described in Subsection (2)(a)(i) on: (i) a water right: (A) presently owned by the division; (B) purchased by the division for the purpose of providing water for an instream flow or use on sovereign lands, through funding provided for that purpose by legislative appropriation; or (C) secured by lease, agreement, gift, exchange, or contribution; or (ii) an appurtenant water right acquired with the acquisition of real property by the division. (e) A division may: (i) purchase a water right for the purposes described in Subsection (2)(b) only with money specifically appropriated by the Legislature for water rights purchases; or (ii) accept a donated water right without legislative approval. (f) A division may not acquire water rights by eminent domain for an instream flow, use on sovereign lands, or for any other purpose. (3) (a) Before filing an application described by Subsection (2)(a)(ii), a person entitled to the use of water shall obtain a division director's written concurrence with the application. (b) By concurring with a proposed application filed under Subsection (2)(a)(ii), a division director attests that the water that is the subject of the application can be used consistent with the statutory mandates of the director's division. (4) (a) In accordance with Section 73-3-3, a person entitled to the use of water may file a fixed time change application, a temporary change application, or a dedicated water application for a project to deliver water to a reservoir located partially or entirely within the Colorado River System in the state in accordance with: (i) Colorado River Drought Contingency Plan Authorization Act, Public Law 116-14; (ii) a water conservation program funded by the Bureau of Reclamation; or (iii) a water conservation program authorized by the state. (b) Before filing an application under this Subsection (4), a person entitled to the use of water shall obtain the written concurrence to the application from the executive director of the Colorado River Authority of Utah, appointed under Section 73-35-401. (c) By concurring with a proposed application, the executive director of the Colorado River Authority of Utah attests that the water that is the subject of the application can be used consistent with this section. (5) In addition to the requirements of Section 73-3-3, an application authorized by this section shall include: (a) a legal description of: (i) the segment of the natural or altered stream that will be the place of use for an instream flow; (ii) the location where the water will be used on sovereign lands; or (iii) the reservoir located partially or entirely within the Colorado River System in the state that the water will be delivered to; and (b) appropriate studies, reports, or other information required by the state engineer demonstrating: (i) the projected benefit to the public resulting from the application; and (ii) the necessity for the proposed instream flow or use on sovereign lands. (6) A person may not appropriate unappropriated water under Section 73-3-2 for the purpose of providing an instream flow or use on sovereign lands. (7) Water used in accordance with this section is considered to be beneficially used, as required by Section 73-3-1. (8) A physical structure or physical diversion from the stream is not required to implement an application under this section. (9) An approved application described in this section does not create a right of access across private property or allow any infringement of a private property right. (10) Notwithstanding the other provisions of this section, if the diversion point under a proposed permanent, fixed time, or temporary change application or proposed dedicated water application is located within the lower basin, as defined in Section 73-12a-2: (a) a person entitled to the use of water, other than a division, may not file the change application or dedicated water application under this section; and (b) a division may not file the change application or dedicated water application under Subsection (4).7/1/2026 (1) As used in this section: (a) "Colorado River System" means the same as that term is defined in Sections 73-12a-2 and 73-13-10. (b) "Dedicated water application" means the same as that term is defined in Section 73-3-30.3. (c) "Division" means: (i) the Division of Wildlife Resources created in Section 23A-2-201; (ii) the Division of State Parks created in Section 79-4-201; or (iii) the Division of Forestry, Fire, and State Lands created in Section 65A-1-4. (d) "Person entitled to the use of water" means the same as that term is defined in Section 73-3-3. (e) "Sovereign lands" means the same as that term is defined in Section 65A-1-1. (f) "Wildlife" means the same as that term is defined in Section 23A-1-101. (2) (a) In accordance with Section 73-3-3, for a purpose described in Subsection (2)(b): (i) a division may file a permanent change application, a fixed time change application, a temporary change application, or a dedicated water application; or (ii) a person entitled to the use of water may file a fixed time change application, a temporary change application, or a dedicated water application. (b) A division or person entitled to the use of water may file an application described in Subsection (2)(a) to provide water within the state for: (i) an instream flow within a specified section of a natural or altered stream; or (ii) use on sovereign lands. (c) The state engineer may not approve an application filed under this Subsection (2) unless the proposed instream flow or use on sovereign lands will contribute to: (i) the propagation or maintenance of wildlife; (ii) the management of a state park; or (iii) the reasonable preservation or enhancement of the natural aquatic environment. (d) A division may file an application described in Subsection (2)(a)(i) on: (i) a water right: (A) presently owned by the division; (B) purchased by the division for the purpose of providing water for an instream flow or use on sovereign lands, through funding provided for that purpose by legislative appropriation; or (C) secured by lease, agreement, gift, exchange, or contribution; or (ii) an appurtenant water right acquired with the acquisition of real property by the division. (e) A division may: (i) purchase a water right for the purposes described in Subsection (2)(b) only with money specifically appropriated by the Legislature for water rights purchases; or (ii) accept a donated water right without legislative approval. (f) A division may not acquire water rights by eminent domain for an instream flow, use on sovereign lands, or for any other purpose. (3) (a) Before filing an application described by Subsection (2)(a)(ii), a person entitled to the use of water shall obtain a division director's written concurrence with the application. (b) By concurring with a proposed application filed under Subsection (2)(a)(ii), a division director attests that the water that is the subject of the application can be used consistent with the statutory mandates of the director's division. (4) (a) In accordance with Section 73-3-3, a person entitled to the use of water may file a fixed time change application, a temporary change application, or a dedicated water application for a project to deliver water to a reservoir located partially or entirely within the Colorado River System in the state in accordance with: (i) Colorado River Drought Contingency Plan Authorization Act, Public Law 116-14; (ii) a water conservation program funded by the Bureau of Reclamation; or (iii) a water conservation program authorized by the state. (b) Before filing an application under this Subsection (4), a person entitled to the use of water shall obtain the written concurrence to the application from the executive director of the Colorado River Authority of Utah, appointed under Section 73-35-401. (c) By concurring with a proposed application, the executive director of the Colorado River Authority of Utah attests that the water that is the subject of the application can be used consistent with this section. (5) In addition to the requirements of Section 73-3-3, an application authorized by this section shall include: (a) a legal description of: (i) the segment of the natural or altered stream that will be the place of use for an instream flow; (ii) the location where the water will be used on sovereign lands; or (iii) the reservoir located partially or entirely within the Colorado River System in the state that the water will be delivered to; and (b) appropriate studies, reports, or other information required by the state engineer demonstrating: (i) the projected benefit to the public resulting from the application; and (ii) the necessity for the proposed instream flow or use on sovereign lands. (6) A person may not appropriate unappropriated water under Section 73-3-2 for the purpose of providing an instream flow or use on sovereign lands. (7) Water used in accordance with this section is considered to be beneficially used, as required by Section 73-3-1. (8) A physical structure or physical diversion from the stream is not required to implement an application under this section. (9) An approved application described in this section does not create a right of access across private property or allow any infringement of a private property right. (10) Notwithstanding the other provisions of this section, if the diversion point under a proposed permanent, fixed time, or temporary change application or proposed dedicated water application is located within the lower basin, as defined in Section 73-12a-2: (a) a person entitled to the use of water, other than a division, may not file the change application or dedicated water application under this section; and (b) a division may not file the change application or dedicated water application under Subsection (4).
Utah Code § 73-5a-205 — Utah Code / Title 73 / Chapter 73-5a / § 73-5a-205
§ 73-5a-205. Approvals void after one year if construction delayed -- Exceptions.
Status: in_force

(1) Any approval granted under Section 73-5a-203 is void one year after the date of approval if construction has not started. (2) The state engineer may extend the approval in one year increments: (a) upon a showing of reasonable cause for delay; and (b) provided state-of-the-art design criteria has not changed in the intervening period.
Utah Code § 73-2-20 — Utah Code / Title 73 / Chapter 73-2 / § 73-2-20
§ 73-2-20. Employees authorized to enter and cross lands -- Injuring monuments a crime.
Status: in_force

(1) In order to carry out the purposes of this title any person properly employed hereunder is authorized to enter and cross all lands within the state if no damage is done to private property. (2) It is a crime punishable under Section 73-2-27 for any person to knowingly or intentionally remove or injure any equipment, permanent marks, or monuments made or installed by any person properly employed under this title.
Utah Code § 73-10g-502 — Utah Code / Title 73 / Chapter 73-10g / § 73-10g-502
§ 73-10g-502. Capital asset management for a water conservancy district.
Status: in_force

(1) As a condition of receiving state or federal financing or grants to be used for an improvement to a capital asset related to water infrastructure, the governing body of a water conservancy district shall commit to adopt a capital asset management plan. (2) The Board of Water Resources shall make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to establish the elements of a capital asset management plan required under Subsection (1) for a water provider that is a water conservancy district. (3) A qualified water conservancy district, as defined in Section 17B-2a-1010, is not subject to this section but shall comply with Section 17B-2a-1010.
Utah Code § 73-3c-102 — Utah Code / Title 73 / Chapter 73-3c / § 73-3c-102
§ 73-3c-102. Definitions.
Status: in_force

As used in this chapter: (1) "Director" means the director of the Division of Water Quality appointed under Section 19-5-106. (2) "Domestic wastewater" or "sewage" means: (a) a combination of the liquid or water-carried wastes from: (i) structures with installed plumbing facilities; and (ii) industrial establishments; and (b) any groundwater, surface water, and storm water that is present with the waste. (3) "Industrial facility" means a factory, mill, plant, mine, refinery, warehouse, or building or collection of buildings, including the land on which the facility is located, and the machinery and equipment located at or within the facility used in connection with the operation of the facility in an industrial business. (4) "POTW" means a publicly owned treatment works as defined by Section 19-5-102. (5) "Public agency" means a public agency as defined by Section 11-13-103 that: (a) owns or operates a POTW; (b) collects and transports domestic wastewater; (c) holds legal title to a water right; (d) is delegated the right to the beneficial use or reuse of water by the legal title holder of the water right; (e) is a water supplier; or (f) sells wholesale or retail water. (6) "Return flow requirement" means return flow required under a water right. (7) (a) "Reuse authorization contract" means a contract or contracts among: (i) a public agency proposing a water reuse project; (ii) the owner or operator of a POTW that treats domestic wastewater proposed for use in a reuse project; (iii) the owner of a domestic wastewater collection or transportation system if the reuse project will divert domestic wastewater directly from that entity's collection or transportation system; (iv) the legal title holder of the water right designated for use in the reuse project, unless the legal title holder of the water right has delegated to another the right to the beneficial use or reuse of the water; (v) each water supplier not holding legal title to the water right designated for use in the reuse project that sells or delivers water under the water right designated for use in the reuse project; (vi) each entity that will engage in the wholesale or retail sale of water from the water reuse project; and (vii) the retail water supplier retailing water that will be replaced by reuse water supplied under the proposed reuse project. (b) A reuse authorization contract shall: (i) provide that a water supplier that is a party to the agreement consents to the use of reuse water under each water right, in which the water supplier has an interest, that is identified for use in the water reuse project; and (ii) provide that any proposed water reuse project based on the contract shall be consistent with the underlying water right. (8) "Reuse water" means domestic wastewater treated to a standard acceptable under rules made by the Water Quality Board under Section 19-5-104. (9) (a) "Water reuse project" or "project" means a project for the reuse of domestic wastewater that requires approval by the director under Section 19-5-106 and the state engineer under Section 73-3c-302. (b) "Water reuse project" or "project" does not include water reused at or by an industrial facility for operating or processing purposes. (10) "Water right" means: (a) a right to use water evidenced by any means identified in Section 73-1-10; or (b) a right to use water under an approved application: (i) to appropriate; (ii) for a change of use; or (iii) for the exchange of water. (11) "Water supplier" means an entity engaged in the delivery of water for municipal purposes.
Utah Code § 73-3-14 — Utah Code / Title 73 / Chapter 73-3 / § 73-3-14
§ 73-3-14. Judicial review of state engineer order.
Status: in_force

(1) (a) A person aggrieved by an order of the state engineer may obtain judicial review in accordance with Title 63G, Chapter 4, Administrative Procedures Act, and this section. (b) A person is aggrieved by an order of the state engineer approving or rejecting an application under Section 73-3-8 only if the person has suffered or will suffer a particularized injury from an action taken by the state engineer in accordance with Section 73-3-8. (c) Venue for judicial review of an informal adjudicative proceeding is in the county in which the water source or a portion of the water source is located. (2) A person who files a petition of judicial review shall join the state engineer as a respondent in a petition to review the state engineer's decision, but a court may not award a judgment for costs or expenses of the litigation against the state engineer. (3) A person who files a petition for judicial review as authorized in this section shall: (a) name the state engineer as a respondent; and (b) provide written notice in accordance with Subsection (5) to each person who filed a protest in accordance with Section 73-3-7 of: (i) the filing of the petition for judicial review; and (ii) the opportunity to intervene in accordance with Utah Rules of Civil Procedure, Rule 24. (4) In addition to complying with Subsection (3), a protestant in the adjudicative proceeding who files a petition for judicial review shall also name as a respondent the person: (a) who requested the adjudicative proceeding; or (b) against whom the state engineer brought the adjudicative proceeding. (5) A written notice required by this section shall: (a) be mailed: (i) within the time provided for by Utah Rules of Civil Procedure, Rule 4(b); and (ii) to the address on record with the state engineer's office at the time the order is issued; and (b) include: (i) a copy of the petition; and (ii) the address of the court in which the petition is pending. (6) If a person who files a petition for judicial review fails to provide notice as required by this section, the court shall dismiss the petition without prejudice upon: (a) the motion of a party; (b) the special appearance of a person who: (i) participated in the adjudicative proceeding; and (ii) is not a party; or (c) the court's own motion. (7) A person who files a petition for judicial review is not required to: (a) notwithstanding Subsection 63G-4-401(3)(b), name a respondent that is not required by this section; and (b) notwithstanding Subsection 63G-4-402(2)(a)(iv), identify all parties to the adjudicative proceeding.
Utah Code § 73-35-202 — Utah Code / Title 73 / Chapter 73-35 / § 73-35-202
§ 73-35-202. Organization of the authority -- Annual conflict of interest disclosure statement -- Penalties.
Status: in_force

7/1/2026 (1) The authority is composed of 10 authority members: (a) the river commissioner, who is the chair of the authority; (b) five authority members who represent Colorado River authority areas; (c) one authority member who represents tribal interests; (d) the director of the Division of Water Resources; (e) the executive director of the department, who shall serve as a nonvoting member; and (f) the state engineer, who shall serve as a nonvoting member. (2) The five Colorado River authority areas, defined by existing county boundaries that reflect the historic and current use of the Colorado River system, include: (a) the Central Utah Area composed of Salt Lake, Utah, Juab, Sanpete, Summit, Wasatch, Duchesne, and Uintah counties, located within the service area of the Central Utah Water Conservancy District; (b) the Uintah Basin Area composed of Duchesne and Uintah counties, notwithstanding that these counties fall within the Central Utah Area, and Daggett county; (c) the Price and San Rafael Area composed of Carbon and Emery counties; (d) the Virgin River Area composed of Kane and Washington counties; and (e) the Southeastern Area composed of Garfield, Grand, San Juan, and Wayne counties. (3) The voting members of the authority are: (a) the river commissioner; (b) five members appointed as follows: (i) for a term that expires June 30, 2027: (A) a representative of the Central Utah Area appointed by the board of trustees of the Central Utah Water Conservancy District; (B) a representative of the Uintah Basin Area appointed jointly by the boards of trustees of the Duchesne County and Uintah Water Conservancy Districts; (C) a representative of the Price and San Rafael Area appointed jointly by the county commission of Carbon County and the board of trustees of the Emery Water Conservancy District; (D) a representative of the Virgin River Area appointed by the board of trustees of the Washington County Water Conservancy District; and (E) a representative of the Southeastern Area appointed jointly by the boards of trustees of the Grand County Water Conservancy District and the San Juan County Water Conservancy District; and (ii) in the case of a vacancy or for a term that begins on or after July 1, 2027, the following appointed by the governor with the advice and consent of the Senate in accordance with Title 63G, Chapter 24, Part 2, Vacancies: (A) a representative of the Central Utah Area appointed from three nominations submitted to the governor by the board of trustees of the Central Utah Water Conservancy District; (B) a representative of the Uintah Basin Area appointed from three nominations submitted to the governor jointly by the boards of trustees of the Duchesne County and Uintah Water Conservancy Districts; (C) a representative of the Price and San Rafael Area appointed from three nominations submitted to the governor jointly by the county commission of Carbon County and the board of trustees of the Emery Water Conservancy District; (D) a representative of the Virgin River Area appointed from three nominations submitted to the governor jointly by the board of trustees of the Washington County Water Conservancy District; and (E) a representative of the Southeastern Area appointed from three nominations submitted to the governor jointly by the boards of trustees of the Grand County Water Conservancy District and the San Juan County Water Conservancy District; (c) the director of the Division of Water Resources; and (d) a representative of tribal interests who is: (i) appointed by the governor; and (ii) a member of a federally recognized Indian tribe if the tribe is, in whole or in part, located within the state and within the Colorado River system. (4) (a) A joint appointment required under Subsection (3)(b)(i) requires the agreement of all appointing authorities before the authority member seat is filled. (b) A joint nomination required under Subsection (3)(b)(ii) requires the agreement of all nominating authorities before the nomination process is complete. (5) An authority member who is appointed under Subsection (3) shall: (a) be a resident of the state; and (b) have experience and a general knowledge of: (i) Colorado River issues and the use of the Colorado River system in the member's respective Colorado River authority area; (ii) the development of the use of the waters of the Colorado River system; and (iii) the rights of this state concerning the resources and benefits of the Colorado River system. (6) (a) The initial term of an appointed authority member appointed under Subsection (3)(b)(i) expires June 30, 2027. Before June 30, 2027, the authority shall adopt a system to stagger the terms of appointed authority members beginning July 1, 2027, and notify the governor of the duration of the term of the appointed authority member. The staggering of terms after July 1, 2027, shall result in approximately half of the appointed authority members' terms expiring every two years. After the respective terms of adjustment are complete, subsequent appointed authority members shall be appointed by the governor for four-year terms. (b) An authority member term shall end on June 30. A new term commences on July 1. (c) An authority member whose term has expired shall serve until replaced or reappointed by the governor. (d) The governor may at any time remove an appointed authority member for neglect of duty or malfeasance in office. (7) In the event of a vacancy in an appointed member of the authority, the chair shall notify the governor of the vacancy and ask that an authority member be promptly appointed. (8) (a) An authority member may not receive compensation or benefits for the authority member's service, but may receive per diem and travel expenses in accordance with: (i) Section 63A-3-106; (ii) Section 63A-3-107; and (iii) rules made by the Division of Finance in accordance with Sections 63A-3-106 and 63A-3-107. (b) If an authority member is a full-time employee with either the state or a water conservancy district, the authority member is not eligible for the per diem compensation. (9) The executive director appointed under Section 73-35-401 shall provide staff services to the authority. (10) An authority member shall, no sooner than January 1 and no later than January 31 of each year during which the authority member holds office on the authority: (a) prepare a written conflict of interest disclosure statement that contains a response to each item of information described in Subsection 20A-11-1604(6); and (b) submit the written disclosure statement to the executive director of the authority. (11) (a) No later than 10 business days after the date on which the authority member submits the written disclosure statement described in Subsection (10) to the executive director of the authority, the executive director of the authority shall: (i) post a copy of the written disclosure statement on the authority's website; and (ii) provide the lieutenant governor with a link to the electronic posting described in Subsection (11)(a)(i). (b) The executive director of the authority shall ensure that the authority member's written disclosure statement remains posted on the authority's website until the authority member leaves office. (12) The executive director of the authority shall take the action described in Subsection (13) if: (a) an authority member fails to timely file the written disclosure statement described in Subsection (10); or (b) a submitted written disclosure statement does not comply with the requirements of Subsection 20A-11-1604(6). (13) If a circumstance described in Subsection (12) occurs, the executive director of the authority shall, within five days after the day on which the executive director of the authority determines that a violation occurred, notify the authority member of the violation and direct the authority member to submit an amended written disclosure statement correcting the problem. (14) (a) It is unlawful for an authority member to fail to submit or amend a written disclosure statement within seven days after the day on which the authority member receives the notice described in Subsection (13). (b) An authority member who violates Subsection (14)(a) is guilty of a class B misdemeanor. (c) The executive director of the authority shall report a violation of Subsection (14)(a) to the attorney general. (d) In addition to the criminal penalty described in Subsection (14)(b), the executive director of the authority shall impose a civil fine of $100 against an authority member who violates Subsection (14)(a).