Utah Code § 73-18-15.6 — Utah Code / Title 73 / Chapter 73-18 / § 73-18-15.6
§ 73-18-15.6. Watercraft operator safety course.
Status: in_force

1/1/2027 (1) As used in this section, "watercraft" means a motorboat or sailboat. (2) The division shall create a watercraft operator safety course for the purpose of developing and instilling the knowledge, attitudes, habits, and skills necessary for the safe and ethical operation of a watercraft. (3) The course shall include: (a) instruction on personal flotation devices as described in Subsection 73-18-8(1); (b) instruction on driving under the influence, as described in Title 41, Chapter 6a, Part 5, Driving Under the Influence and Reckless Driving, in relation to the operation of a watercraft while under the influence of alcohol, any drug, or the combined influence of alcohol and any drug; (c) instruction on best practices for safe operation and navigation of watercraft; (d) information about aquatic invasive species necessary to fulfill the requirements described in Subsection 23A-10-304(4); and (e) other safety information determined by the division. (4) A watercraft operator shall complete the course once every calendar year. (5) The division shall ensure that an individual may complete the course in less than 20 minutes on average. (6) (a) The division shall issue proof of completion of the watercraft safety course to a watercraft operator upon completion of the watercraft operator safety course. (b) The proof of completion expires the day after December 31 in the calendar year which the operator completes the watercraft operator safety course. (7) Except as provided in Subsection (9)(b), an individual may not operate a watercraft unless the individual has in the individual's immediate possession proof that the individual completed the watercraft operator safety course described in this section within the current calendar year. (8) Completion of the watercraft operator safety course does not satisfy the requirements of the personal watercraft safety course described in Section 73-18-15.2. (9) A livery may not rent a watercraft to an individual unless: (a) the individual provides proof to the livery that the individual completed the watercraft operator safety course within the current calendar year; or (b) the livery provides the individual with a safety briefing as described in Subsection (10). (10) (a) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the division, after notifying the commission, shall make rules to create and manage a watercraft operator safety briefing. (b) The watercraft operator safety briefing described in Subsection (10)(a) shall cover topics contained in the safety course described in Subsection (2) appropriate for liveries. (c) If an individual attempts to rent a watercraft from a livery and the individual does not have proof of completion of the watercraft operator safety course, the livery shall provide a watercraft operator safety briefing before renting a watercraft to the individual. (11) An individual who violates Subsection (7) is guilty of an infraction.
Utah Code § 73-13-10 — Utah Code / Title 73 / Chapter 73-13 / § 73-13-10
§ 73-13-10. Text of compact.
Status: in_force

The text of said Compact is as follows:The State of Arizona, the State of Colorado, the State of New Mexico, the State of Utah and the State of Wyoming, acting through their Commissioners,Charles A. Carson for the State of Arizona,Clifford H. Stone for the State of Colorado,Fred E. Wilson for the State of New Mexico,Edward H. Watson for the State of Utah andL. C. Bishop for the State of Wyoming,after negotiations participated in by Harry W. Bashore, appointed by the President as the representative of the United States of America, have agreed, subject to the provisions of the Colorado River Compact, to determine the rights and obligation of each signatory state respecting the uses and deliveries of the water of the Upper Basin of the Colorado River, as follows:ARTICLE I(a) That major purposes of this Compact are to provide for the equitable division and apportionment of the use of the waters of the Colorado River System, the use of which was apportioned in perpetuity to the Upper Basin by the Colorado River Compact; to establish the obligations of each state of the Upper Division with respect to the deliveries of water required to be made at Lee Ferry by the Colorado River Compact; to promote interstate comity; to remove causes of present and future controversies; to secure the expeditious agricultural and industrial development of the Upper Basin, the storage of water and to protect life and property from floods.(b) It is recognized that the Colorado River Compact is in full force and effect and all of the provisions hereof are subject thereto.ARTICLE IIAs used in this Compact:(a) The term "Colorado River System" means that portion of the Colorado River and its tributaries within the United States of America.(b) The term "Colorado River Basin" means all of the drainage area of the Colorado River System and all other territory within the United States of America to which the waters of the Colorado River System shall be beneficially applied.(c) The term "States of the Upper Division" means the States of Colorado, New Mexico, Utah and Wyoming.(d) The term "States of the Lower Division" means the States of Arizona, California and Nevada.(e) The term "Lee Ferry" means a point in the main stream of the Colorado River one mile below the mouth of the Paria River.(f) The term "Upper Basin" means those parts of the States of Arizona, Colorado, New Mexico, Utah and Wyoming within and from which naturally drain into the Colorado River System above Lee Ferry, and also all parts of said States located without the drainage area of the Colorado River System which are now or shall hereafter be beneficially served by waters diverted from the Colorado River System above Lee Ferry.(g) The term "Lower Basin" means those parts of the States of Arizona, California, Nevada, New Mexico and Utah within and from which waters naturally drain into the Colorado River System below Lee Ferry, and also all parts of said States located without the drainage area of the Colorado River System which are now or shall hereafter be beneficially served by waters diverted from the Colorado River System below Lee Ferry.(h) The term "Colorado River Compact" means the agreement concerning the apportionment of the use of the waters of the Colorado River System dated November 24, 1922, executed by Commissioners for the States of Arizona, California, Colorado, Nevada, New Mexico, Utah and Wyoming, approved by Herbert Hoover, representative of the United States of America, and proclaimed effective by the president of the United States of America, June 25, 1929.(i) The term "Upper Colorado River System" means that portion of the Colorado River System above Lee Ferry.(j) The term "Commission" means the administrative agency created by Article VIII of this Compact.(k) The term "water year" means that period of twelve months ending September 30 of each year.(l) The term "acre-foot" means the quantity of water required to cover an acre to the depth of one foot and is equivalent to 43,560 cubic feet.(m) The term "domestic use" shall include the use of water for household, stock, municipal, mining, milling, industrial, and other like purposes, but shall exclude the generation of electrical power.(n) The term "virgin flow" means the flow of any stream undepleted by the activities of man.ARTICLE III(a) Subject to the provisions and limitations contained in the Colorado River Compact and in this Compact there is hereby apportioned from the Upper Colorado River System in perpetuity to the States of Arizona, Colorado, New Mexico, Utah and Wyoming, respectively, the consumptive use of water as follows:(1) To the State of Arizona the consumptive use of 50,000 acre-feet per annum.(2) To the States of Colorado, New Mexico, Utah and Wyoming, respectively the consumptive use per annum of the quantities resulting from the application of the following percentages to the total quantity of consumptive use per annum apportioned in perpetuity to and available for use each year by Upper Basin under the Colorado Compact and remaining after the deduction of the use, not to exceed 50,000 acre-feet per annum, made in the State of Arizona.State of Colorado .......................................................................................... 51.75 per cent,State of New Mexico ................................................................................... 11.25 per cent,State of Utah ................................................................................................. 23.00 per cent,State of Wyoming .......................................................................................... 14.00 per cent(b) The apportionment made to the respective States by paragraph (a) of this Article is based upon, and shall be applied in conformity with, the following principles and each of them:(1) The apportionment is of any and all man-made depletions;(2) Beneficial use is the basis, the measure and the limit of the right to use;(3) No State shall exceed its apportioned use in any water year when the effect of such excess use, as determined by the Commission, is to deprive another signatory State of its apportioned use during that water year; provided, that this subparagraph (b)(3) shall not be construed as:(i) Altering the apportionment of use, or obligations to make deliveries as provided in Article XI, XII, XIII, or XIV of this Compact;(ii) Purporting to apportion among the signatory States such uses of water as the Upper Basin may be entitled to under paragraphs (f) and (g) of Article III of the Colorado River Compact; or(iii) Countenancing average uses by any signatory State in excess of its apportionment.(4) The apportionment to each State includes all water necessary for the supply of any rights which now exist.(c) No apportionment is hereby made, or intended to be made, of such uses of water as the Upper Basin may be entitled to under paragraphs (f) and (g) of Article III of the Colorado River Compact.(d) The apportionment made by this Article shall not be taken as any basis for the allocation among the signatory States of any benefits resulting from the generation of power.ARTICLE IVIn the event curtailment of use of water by the States of the Upper Division at any time shall become necessary in order that the flow at Lee Ferry shall not be depleted below that required by Article III of the Colorado River Compact, the extent of curtailment by each State of the consumptive use of water apportioned to it by Article III of this Compact shall be in such quantities and at such times as shall be determined by the Commission upon the application of the following principles:(a) The extent and times of curtailment shall be such as to assure full compliance with Article III of the Colorado River Compact;(b) If any State or States of the Upper Division, in the ten years immediately preceding the water year in which curtailment is necessary, shall have consumptively used more water than it was or they were, as the case may be, entitled to use under the apportionment made by Article III of this Compact, such State or States shall be required to supply at Lee Ferry a quantity of water equal to its, or the aggregate of their, overdraft or the proportionate part of such overdraft, as may be necessary to assure compliance with Article III of the Colorado River Compact, before demand is made on any other State of the Upper Division;(c) Except as provided in subparagraph (b) of this Article, the extent of curtailment by each State of the Upper Division of the consumptive use of water apportioned to it by Article III of this Compact shall be such as to result in the delivery at Lee Ferry of a quantity of water which bears the same relation to the total required curtailment of use by the States of the Upper Division as the consumptive use of Upper Colorado River System water which was made by each such State during the water year immediately preceding the year in which the curtailment becomes necessary bears to the total consumptive use of such water in the States of the Upper Division during the same water year; provided, that in determining such relation the uses of water under rights perfected prior to November 24, 1922, shall be excluded.ARTICLE V(a) All losses of water occurring from or as the result of the storage of water in reservoirs constructed prior to the signing of this Compact shall be charged to the State in which such reservoir or reservoirs are located. Water stored in reservoirs covered by this paragraph (a) shall be for the exclusive use of and shall be charged to the State in which the reservoir or reservoirs are located.(b) All losses of water occurring from or as the result of the storage of water in reservoirs constructed after the signing of this Compact shall be charged as follows:(1) If the Commission finds that the reservoir is used, in whole or in part to assist the States of the Upper Division in meeting their obligations to deliver water at Lee Ferry imposed by Article III of the Colorado River Compact, the Commission shall make findings, which in no event shall be contrary to the laws of the United States of America under which any reservoir is constructed, as to the reservoir capacity allocated for that purpose. The whole or that proportion, as the case may be, of reservoir losses as found by the Commission to be reasonably and properly chargeable to the reservoir or reservoir capacity utilized to assure deliveries at Lee Ferry shall be charged to the States of the Upper Division in the proportion which the consumptive use of water in each State of the Upper Division during the water year in which the charge is made bears to the total consumptive use of water in all States of the Upper Division during the same water year. Water stored in reservoirs or in reservoir capacity covered by this subparagraph (b)(1) shall be for the common benefit of all of the States of the Upper Division.(2) If the Commission finds that the reservoir is used, in whole or in part, to supply water for use in a State of the Upper Division, the Commission shall make findings, which in no event shall be contrary to the laws of the United States of America under which any reservoir is constructed, as to the reservoir or reservoir capacity utilized to supply water for use and the State in which such water will be used. The whole or that proportion, as the case may be, of reservoir losses as found by the Commission to be reasonably and properly chargeable to the State in which such water will be used shall be borne by that State. As determined by the Commission, water stored in reservoirs covered by this subparagraph (b)(2) shall be earmarked for and charged to the State in which the water will be used.(c) In the event the Commission finds that a reservoir site is available both to assure deliveries at Lee Ferry and to store water for consumptive use in a State of the Upper Division, the storage of water for consumptive use shall be given preference. Any reservoir or reservoir capacity hereafter used to assure deliveries at Lee Ferry shall by order of the Commission be used to store water for consumptive use in a State, provided the Commission finds that such storage is reasonably necessary to permit such State to make use of the water apportioned to it by this Compact.ARTICLE VIThe Commission shall determine the quantity of the consumptive use of water, which use is apportioned by Article III hereof, for the Upper Basin and for each State of the Upper Basin by the inflow-outflow method in terms of man-made depletions of the virgin flow at Lee Ferry, unless the Commission, by unanimous action, shall adopt a different method of determination.ARTICLE VIIThe consumptive use of water by the United States of America or any of its agencies, instrumentalities or wards shall be charged as a use by the State in which the use is made; provided, that such consumptive use incident to the diversion, impounding, or conveyance of water in one State for use in another shall be charged to such latter State.ARTICLE VIII(a) There is hereby created an interstate administrative agency to be known as the "Upper Colorado River Commission." The commission shall be composed of one Commissioner representing each of the States of the Upper Division, namely, the States of Colorado, New Mexico, Utah and Wyoming, designated or appointed in accordance with the laws of each such State and, if designated by the President, one Commissioner representing the United States of America. The President is hereby requested to designate a Commissioner. If so designated the Commissioner representing the United States of America shall be the presiding officer of the Commission and shall be entitled to the same powers and rights as the Commissioner of any State. Any four members of the Commission shall constitute a quorum.(b) The salaries and personal expenses of each Commissioner shall be paid by the Government which he represents. All other expenses which are incurred by the Commission incident to the administration of this Compact, and which are not paid by the United States of America, shall be borne by the four States according to the percentage of consumptive use apportioned to each. On or before December 1 of each year, the Commission shall adopt and transmit to the Governors of the four States and to the President a budget covering an estimate of its expenses for the following year, and of the amount payable by each state. Each State shall pay the amount due by it to the Commission on or before April 1 of the year following. The payment of the expenses of the Commission and of its employees shall not be subject to the audit and accounting procedures of any of the four States; however, all receipts and disbursement of funds handled by the Commission shall be audited yearly by a qualified independent public accountant and the report of the audit shall be included in and become a part of the annual report of the Commission.(c) The Commission shall appoint a Secretary, who shall not be a member of the Commission, or an employee of any signatory State or of the United States of America while so acting. He shall serve for such term and receive such salary and perform such duties as the Commission may direct. The Commission may employ such engineering, legal, clerical and other personnel as, in its judgment, may be necessary for the performance of its functions under this Compact. In the hiring of employees, the Commission shall not be bound by the civil service laws of any State.(d) The Commission, so far as consistent with this Compact, shall have the power to:(1) Adopt rules and regulations;(2) Locate, establish, construct, abandon, operate and maintain water gaging stations;(3) Make estimates to forecast water run-off on the Colorado River and any of its tributaries;(4) Engage in cooperative studies of water supplies of the Colorado River and its tributaries;(5) Collect, analyze, correlate, preserve and report on data as to the stream flows, storage, diversions and use of the waters of the Colorado River, and any of its tributaries;(6) Make findings as to the quantity of water of the Upper Colorado River System used each year in the Upper Colorado River Basin and in each State thereof;(7) Make findings as to the quantity of water deliveries at Lee Ferry during each water year;(8) Make findings as to the necessity for and the extent of the curtailment of use, required, if any, pursuant to Article IV hereof;(9) Make findings as to the quantity of reservoir losses and as to the share thereof chargeable under Article V hereof to each of the States;(10) Make findings of fact in the event of the occurrence of extraordinary drought or serious accident to the irrigation system in the Upper Basin, whereby deliveries by the Upper Basin of water which it may be required to deliver in order to aid in fulfilling obligations of the United States of America to the United Mexican States arising under the Treaty between the United States of America and the United Mexican States, dated February 3, 1944 (Treaty Series 994) become difficult, and report such findings to the Governors of the Upper Basin States, the President of the United States of America, the United States Section of the International Boundary and Water Commission, and such other Federal officials and agencies as it may deem appropriate to the end that the water allotted to Mexico under Division III of such treaty may be reduced in accordance with the terms of such treaty;(11) Acquire and hold such personal and real property as may be necessary for the performance of its duties hereunder and to dispose of the same when no longer required;(12) Perform all functions required of it by this Compact and do all things necessary, proper or convenient in the performance of its duties hereunder either independently or in cooperation with any state or federal agency;(13) Make and transmit annually to the Governors of the signatory States and the President of the United States of America, with the estimated budget, a report covering the activities of the Commission for the preceding water year.(e) Except as otherwise provided in this Compact the concurrence of four members of the Commission shall be required in any action taken by it.(f) The Commission and its Secretary shall make available to the Governor of each of the signatory States any information within its possession at any time, and shall always provide free access to its records by the Governors of each of the States, or their representatives, or authorized representatives of the United States of America.(g) Findings of fact made by the Commission shall not be conclusive in any court, or before any agency or tribunal, but shall constitute prima facie evidence of the facts found.(h) The organization meeting of the Commission shall be held within four months from the effective date of this Compact.ARTICLE IX(a) No State shall deny the right of the United States of America and, subject to the conditions hereinafter contained, no State shall deny the right of another signatory State, any person, or entity of any signatory State to acquire rights to the use of water or to construct or participate in the construction and use of diversion works and storage reservoirs with appurtenant works canals and conduits in one State for the purpose of diverting, conveying, storing, regulating and releasing water to satisfy the provisions of the Colorado River Compact relating to the obligation of the States of the Upper Division to make deliveries of water at Lee Ferry or for the purpose of diverting, conveying, storing, or regulating water in an upper signatory State for consumptive use in a lower signatory State, when such use is within the apportionment to such lower State made by this Compact. Such rights shall be subject to the rights of water users in a State in which such reservoirs or works are located, to receive and use water, the use of which is within the apportionment to such State by this Compact.(b) Any signatory State, any person or any entity of any signatory State shall have the right to acquire such property rights as are necessary to the use of water in conformity with this Compact in any other signatory State by donation, purchase or through the exercise of the power of eminent domain. Any signatory State, upon the written request of the Governor of any other signatory State, for the benefit of whose water users property is to be acquired in the State to which such written request is made, shall proceed expeditiously to acquire the desired property either by purchase at a price satisfactory to the requesting States, or, if such purchase cannot be made, then through the exercise of its power of eminent domain and shall convey such property to the requesting State or such entity as may be designated by the requesting State; provided, that all costs of acquisition and expenses of every kind and nature whatsoever incurred in obtaining the requested property shall be paid by the requesting State at the time and in the manner prescribed by the State requested to acquire the property.(c) Should any facility be constructed in a signatory State by and for the benefit of other signatory State or States or the water users thereof, as above provided, the construction, repair, replacement, maintenance and operation of such facility shall be subject to the laws of the State in which the facility is located except that, in the case of a reservoir constructed in one State for the benefit of another State or States, the water administration officials of the State in which the facility is located shall permit the storage and release of any water which, as determined by findings of the Commission, falls within the apportionment of the State or States for whose benefit the facility is constructed. In the case of a regulating reservoir for the joint benefit of all States in making Lee Ferry deliveries, the water administration officials of the State in which the facility is located, in permitting the storage and release of water, shall comply with the findings and orders of the Commission.(d) In the event property is acquired by a signatory State in another signatory State for the use and benefit of the former, the users of water made available by such facilities, as a condition precedent to the use hereof, shall pay to the political subdivisions of the State in which such works are located, each and every year during which such rights are enjoyed for such purposes, a sum of money equivalent to the average annual amount of taxes levied and assessed against the land and improvements thereon during the ten years preceding the acquisition of such land. Said payments shall be in full reimbursement for the loss of taxes in such political subdivisions of the State, and in lieu of any and all taxes on said property, improvements and rights. The signatory States recommend to the President and the Congress that, in the event the United States of America shall acquire property in one of the signatory States for the benefit of another signatory State, or its water users, provision be made for like payment in reimbursement of loss of taxes.ARTICLE X(a) The signatory States recognize La Plata River Compact entered into between the States of Colorado and New Mexico, dated November 27, 1922, approved by the Congress on January 29, 1925 (43 Stat. 796), and this Compact shall not affect the apportionment therein made.(b) All consumptive use of water of La Plata River and its tributaries shall be charged under the apportionment of Article III hereof to the State in which the use is made; provided, that consumptive use incident to the diversion, impounding or conveyance of water in one State for use in the other shall be charged to the latter State.ARTICLE XISubject to the provisions of this Compact, the consumptive use of the water of the Little Snake River and its tributaries is hereby apportioned between the States of Colorado and Wyoming in such quantities as shall result from the application of the following principles and procedures:(a) Water used under rights existing prior to the signing of this Compact.(1) Water diverted from any tributary of the Little Snake River or from the main stem of the Little Snake River above a point one hundred feet below the confluence of Savery Creek and the Little Snake River shall be administered without regard to rights covering the diversion of water from any down-stream points.(2) Water diverted from the main stem of the Little Snake River below a point one hundred feet below the confluence of Savery Creek and the Little Snake River shall be administered on the basis of an interstate priority schedule prepared by the Commission in conformity with priority dates established by the laws of the respective states.(b) Water used under rights initiated subsequent to the signing of this Compact.(1) Direct flow diversions shall be administered so that, in time of shortage the curtailment of use on each acre of land irrigated thereunder shall be as nearly equal as may be possible in both of the States.(2) The storage of water by projects located in either State, whether of supplemental supply or of water used to irrigate land not irrigated at the date of the signing of this Compact, shall be so administered that in times of water shortage the curtailment of storage of water available for each acre of land irrigated thereunder shall be as nearly equal as may be possible in both States.(c) Water uses under the apportionment made by this Article shall be in accordance with the principle that beneficial use shall be the basis, measure and limit of the right to use.(d) The States of Colorado and Wyoming each assent to diversions and storage of water in one State for use in the other State, subject to compliance with Article IX of this Compact.(e) In the event of the importation of water to the Little Snake River Basin from any other river basin, the State making the importation shall have the exclusive use of such imported water unless by written agreement, made by the representatives of the States of Colorado and Wyoming on the Commission, it is otherwise provided.(f) Water use projects initiated after the signing of this Compact, to the greatest extent possible, shall permit the full use within the Basin in the most feasible manner of the waters of the Little Snake River and its tributaries, without regard to the state line; and, so far as is practicable, shall result in an equal division between the States of the use of water not used under rights existing prior to the signing of this Compact.(g) All consumptive use of the waters of the Little Snake River and its tributaries shall be charged under the apportionment of Article III hereof to the State in which the use is made; provided, that consumptive use incident to the diversion, impounding or conveyance of water in one State for use in the other shall be charged to the latter State.ARTICLE XIISubject to the provisions of this Compact, the consumptive use of the waters of Henry's Fork, a tributary of Green River originating in the State of Utah and flowing into the State of Wyoming and thence into the Green River in the State of Utah; Beaver Creek, originating in the State of Utah and flowing into Henry's Fork in the State of Wyoming; Burnt Fork, a tributary of Henry's Fork originating in the State of Utah and flowing into Henry's Fork in the State of Wyoming; Birch Creek, a tributary of Henry's Fork originating in the State of Utah and flowing into Henry's Fork in the State of Wyoming; and Sheep Creek, a tributary of Green River in the State of Utah, and their tributaries, are hereby apportioned between the States of Utah and Wyoming in such quantities as will result from the application of the following principles and procedures:(a) Waters used under rights existing prior to the signing of this Compact.Waters diverted from Henry's Fork, Beaver Creek, Burnt Fork, Birch Creek and their tributaries, shall be administered without regard to the state line on the basis of an interstate priority schedule to be prepared by the States affected and approved by the Commission in conformity with the actual priority of right of use, the water requirements of the land irrigated and the acreage irrigated in connection therewith.(b) Waters used under rights from Henry's Fork, Beaver Creek, Burnt Fork, Birch Creek and their tributaries, initiated after the signing of this Compact shall be divided fifty per cent to the State of Wyoming and fifty per cent to the State of Utah and each State may use said waters as and where it deems advisable.(c) The State of Wyoming assents to the exclusive use by the State of Utah of the water of Sheep Creek, except that the lands, if any, presently irrigated in the State of Wyoming from the water of Sheep Creek shall be supplied with water from Sheep Creek in order of priority and in such quantities as are in conformity with the laws of the State of Utah.(d) In the event of the importation of water to Henry's Fork, or any of its tributaries, from any other river basin, the State making the importation shall have the exclusive use of such imported water unless by written agreement made by the representatives of the States of Utah and Wyoming on the Commission, it is otherwise provided.(e) All consumptive use of waters of Henry's Fork, Beaver Creek, Burnt Fork, Birch Creek, Sheep Creek, and their tributaries shall be charged under the apportionment of Article III hereof to the State in which the use is made; provided that consumptive use incident to the diversion, impounding or conveyance of water in one State for use in the other shall be charged to the latter State.(f) The States of Utah and Wyoming each assent to the diversion and storage of water in one State for use in the other State, subject to compliance with Article IX of this Compact. It shall be the duty of the water administrative officials of the State where the water is stored to release said stored water to the other State upon demand. If either the State of Utah or the State of Wyoming shall construct a reservoir in the other State for use in its own State, the water users of the State in which said facilities are constructed may purchase at cost a portion of the capacity of said reservoir sufficient for the irrigation of their lands thereunder.(g) In order to measure the flow of water diverted, each State shall cause suitable measuring devices to be constructed, maintained and operated at or near the point of diversion into each ditch.(h) The State Engineers of the two States jointly shall appoint a Special Water Commissioner who shall have authority to administer the water in both States in accordance with the terms of this Article. The salary and expenses of such Special Water Commissioner shall be paid, thirty per cent by the State of Utah and seventy per cent by the State of Wyoming.ARTICLE XIIISubject to the provisions of this Compact, the rights to the consumptive use of the water of the Yampa River, a tributary entering the Green River in the State of Colorado, are hereby apportioned between the States of Colorado and Utah in accordance with the following principles:(a) The State of Colorado will not cause the flow of the Yampa River at the Maybell Gaging Station to be depleted below an aggregate of 5,000,000 acre-feet for any period of ten consecutive years reckoned in continuing progressive series beginning with the first day of October next succeeding the ratification and approval of this Compact. In the event any diversion is made from the Yampa River or from tributaries entering the Yampa River above the Maybell Gaging Station for the benefit of any water use project in the State of Utah, then the gross amount of all such diversions for use in the State of Utah, less any returns from such diversions to the River above Maybell, shall be added to the actual flow at the Maybell Gaging Station to determine the total flow at the Maybell Gaging Station.(b) All consumptive use of the waters of the Yampa River and its tributaries shall be charged under the apportionment of Article III hereof to the State in which the use is made; provided, that consumptive use incident to the diversion, impounding or conveyance of water in one State for use in the other shall be charged to the latter State.ARTICLE XIVSubject to the provisions of this Compact, the consumptive use of the waters of the San Juan River and its tributaries is hereby apportioned between the States of Colorado and New Mexico as follows:The state of Colorado agrees to deliver to the State of New Mexico from the San Juan River and its tributaries which rise in the State of Colorado a quantity of water which shall be sufficient, together with water originating in the San Juan Basin in the State of New Mexico, to enable the State of New Mexico to make full use of the water apportioned to the State of New Mexico by Article III of this Compact, subject, however, to the following:(a) A first and prior right shall be recognized as to:(1) All uses of water made in either State at the time of the signing of this Compact; and(2) All uses of water contemplated by projects authorized at the time of signing of this Compact, under the laws of the United States of America whether or not such projects are eventually constructed by the United States of America or by some other entity.(b) The State of Colorado assents to diversions and storage of water in the State of Colorado for use in the State of New Mexico, subject to compliance with Article IX of this Compact.(c) The uses of the waters of the San Juan River and any of its tributaries within either State which are dependent upon a common source of water and which are not covered by (a) hereof, shall in times of water shortages be reduced in such quantity that the resulting consumptive use in each State will bear the same proportionate relation to the consumptive use made in each State during times of average water supply as determined by the Commission; provided, that any preferential uses of water to which Indians are entitled under Article XIX shall be excluded in determining the amount of curtailment to be made under this paragraph.(d) The curtailment of water use by either State in order to make deliveries at Lee Ferry as required by Article IV of this Compact shall be independent of any and all conditions imposed by this Article and shall be made by each State, as and when required, without regard to any provision of this Article.(e) All consumptive use of the waters of the San Juan River and its tributaries shall be charged under the apportionment of Article III hereof to the State in which the use is made; provided, that consumptive use incident to the diversion, impounding or conveyance of water in one State for use in the other shall be charged to the latter State.ARTICLE XV(a) Subject to the provisions of the Colorado River Compact and of this Compact water of the Upper Colorado River System may be impounded and used for the generation of electrical power, but such impounding and use shall be subservient to the use and consumption of such water for agricultural and domestic purposes and shall not interfere with or prevent use for such dominant purposes.(b) The provisions of this Compact shall not apply to or interfere with the right or power of any signatory State to regulate within its boundaries the appropriation, use and control of water, the consumptive use of which is apportioned and available to such State by this Compact.ARTICLE XVIThe failure of any State to use the water, or any part thereof, the use of which is apportioned to it under the terms of this Compact, shall not constitute a relinquishment of the right to such use to the Lower Basin or to any other State, nor shall it constitute a forfeiture or abandonment of the right to such use.ARTICLE XVIIThe use of any water now or hereafter imported into the natural drainage basin of the Upper Colorado River System shall not be charged to any State under the apportionment of consumptive use made by this Compact.ARTICLE XVIII(a) The State of Arizona reserves its rights and interests under the Colorado River Compact as a State of the Lower Division and as a State of the Lower Basin.(b) The State of New Mexico and the State of Utah reserve their respective rights and interests under the Colorado River Compact as States of the Lower Basin.ARTICLE XIXNothing in this Compact shall be construed as:(a) Affecting the obligations of the United States of America to Indian tribes;(b) Affecting the obligations of the United States of America under the Treaty with the United Mexican States (Treaty Series 994);(c) Affecting any rights or powers of the United States of America, its agencies or instrumentalities, in or to the waters of the Upper Colorado River System, or its capacity to acquire rights in and to the use of said waters;(d) Subjecting any property of the United States of America, its agencies or instrumentalities, to taxation by any State or subdivision thereof, or creating any obligation on the part of the United States of America, its agencies or instrumentalities, by reason of the acquisition, construction or operation of any property or works of whatever kind, to make any payment to any State or political subdivision thereof, State agency, municipality or entity whatsoever, in reimbursement for the loss of taxes;(e) Subjecting any property of the United States of America, its agencies or instrumentalities, to the laws of any State to an extent other than the extent to which such laws would apply without regard to this Compact.ARTICLE XXThis Compact may be terminated at any time by the unanimous agreement of the signatory States. In the event of such termination, all rights established under it shall continue unimpaired.ARTICLE XXIThis Compact shall become binding and obligatory when it shall have been ratified by the legislatures of each of the signatory States and approved by the Congress of the United States of America. Notice of ratification by the legislatures of the signatory States shall be given by the Governor of each signatory State to the Governor of each of the other signatory States and to the President of the United States of America, and the President is hereby requested to give notice to the Governor of each of the signatory States of approval by the Congress of the United States of America.IN WITNESS WHEREOF, the Commissioners have executed six counterparts hereof each of which shall be and constitute an original, one of which shall be deposited in the archives of the Department of State of the United States of America, and one of which shall be forwarded to the Governor of each of the signatory States.Done at the City of Santa Fe, State of New Mexico, this 11th day of October, 1948.(Signed) Charles A. CarsonCommissioner for the State of Arizona(Signed) Clifford H. StoneCommissioner for the State of Colorado(Signed) Fred E. WilsonCommissioner for the State of New Mexico(Signed) Edward H. WatsonCommissioner for the State of Utah(Signed) L. C. BishopCommissioner for the State of Wyoming(Signed) Grover A. Giles, SecretaryApproved:(Signed) Harry W. BashoreRepresentative of the United States of America
Utah Code § 73-10g-104 — Utah Code / Title 73 / Chapter 73-10g / § 73-10g-104
§ 73-10g-104. Authorized use of the Water Infrastructure Restricted Account.
Status: in_force

Money in the restricted account is to be used, subject to appropriation, for: (1) the development of the state's undeveloped share of the Bear and Colorado rivers, pursuant to existing interstate compacts governing both rivers as described in Chapter 26, Bear River Development Act, and Chapter 28, Lake Powell Pipeline Development Act; (2) repair, replacement, or improvement of federal water projects for local sponsors in the state when federal funds are not available; (3) study and development of rules, criteria, targets, processes, and plans, as described in Subsection 73-10g-105(3); (4) a project that benefits the Colorado River drainage in Utah, including projects for water reuse, desalinization, building of dams, or water conservation, if a county or municipality that benefits from the project: (a) requires a new residential subdivision follow the regional conservation level of .59 acre-feet regardless of whether the outside water is potable, reuse, or secondary water; (b) adopts and implements the local water conservancy district's emergency drought contingency plan; (c) adopts and implements the local water conservancy district's grass rebate program's maximum grass restrictions; (d) prohibits grass in new retail, industrial, or commercial facility landscaping; (e) has reuse water be managed by the local water conservancy district; (f) does not withdraw water from an aquifer in excess of the safe yield of the aquifer as defined in Section 73-5-15; (g) adopts and implements excess water use surcharges; (h) prohibits private water features in new development, such as a fountain, pond, or ski lake; and (i) prohibits large grassy areas in new development, unless the large grassy area is open to the general public; and (5) a project recommended to the Legislature by the Water District Water Development Council, created in Section 11-13-228, for generational water infrastructure, as defined in Section 11-13-228.
Utah Code § 73-2-22 — Utah Code / Title 73 / Chapter 73-2 / § 73-2-22
§ 73-2-22. Emergency flood powers -- Action to enforce orders -- Access rights to private and public property -- Injunctive relief against state engineer's decisions -- Judicial review provisions not applicable.
Status: in_force

(1) Whenever the state engineer, with approval of the chair of the Emergency Management Administration Council created in Section 53-2a-105, makes a written finding that any reservoir or stream has reached or will reach during the current water year a level far enough above average and in excess of capacity that public safety is or is likely to be endangered or that substantial property damage is occurring or is likely to occur, the state engineer shall have emergency powers until the danger to the public and property is abated. (2) Emergency powers shall consist of the authority to control stream flow and reservoir storage or release. (3) The state engineer must protect existing water rights to the maximum extent possible when exercising emergency powers. (4) Any action taken by the state engineer under this section shall be by written order. (5) If any person refuses or neglects to comply with any order of the state engineer issued pursuant to his emergency powers, the state engineer may bring action in the name of the state in the district court to enforce them. (6) In carrying out the state engineer's emergency powers, the state engineer shall have rights of access to private and public property. (7) Any person affected by a decision of the state engineer made under the state engineer's emergency powers shall have the right to seek injunctive relief, including temporary restraining orders and temporary injunctions in any district court of the county where that person resides. (8) No order of the state engineer shall be enjoined or set aside unless shown by clear and convincing evidence that an emergency does not in fact exist or that the order of the state engineer is arbitrary or capricious. (9) The provisions of Sections 73-3-14 and 73-3-15 shall not be applicable to any order of the state engineer issued pursuant to this section.
Utah Code § 73-3b-303 — Utah Code / Title 73 / Chapter 73-3b / § 73-3b-303
§ 73-3b-303. Modification of recharge or recovery permits.
Status: in_force

(1) The state engineer, on the state engineer's own initiative or at the request of any person holding a recharge or recovery permit, may modify the conditions of the respective permit, if the state engineer finds that modifications are necessary and will not impair existing water rights or the water quality of the aquifer. (2) Before any permit condition is modified, the state engineer may require notice to potentially impaired water users if the state engineer finds that the modification under consideration may impair existing water rights.
Utah Code § 73-1-1 — Utah Code / Title 73 / Chapter 73-1 / § 73-1-1
§ 73-1-1. Waters declared property of public.
Status: in_force

(1) All waters in this state, whether above or under the ground, are hereby declared to be the property of the public, subject to all existing rights to the use thereof. (2) The declaration of public ownership of water in Subsection (1) does not create or recognize an easement for public recreational use on private property. (3) The Legislature shall govern the use of public water for beneficial purposes, as limited by constitutional protections for private property. (4) The right of the public to use public water for recreational purposes is governed by Chapter 29, Public Waters Access Act.
Utah Code § 73-10g-603 — Utah Code / Title 73 / Chapter 73-10g / § 73-10g-603
§ 73-10g-603. Ranking and prioritizing water infrastructure projects.
Status: in_force

(1) The state council, in consultation with the relevant agencies, shall develop a written prioritization process for ranking and prioritizing water infrastructure projects that are or will be funded by water infrastructure fund money beginning with fiscal year 2027. The written prioritization process shall: (a) identify water infrastructure projects listed in the unified water infrastructure plan described in Section 73-10g-602; (b) establish a process under which an applicant may apply for funding of a water infrastructure project listed in the unified water infrastructure plan; (c) provide for the assignment by the state council of a water infrastructure project application to a relevant agency; (d) provide for a relevant agency to rank the water infrastructure projects assigned to the relevant agency under Subsection (1)(c); (e) on the basis of the ranking of water infrastructure projects under Subsection (1)(d), establish a process for the state council to prioritize water infrastructure projects; and (f) establish a process for transferring money from the Water Infrastructure Fund, created in Section 73-10g-107, into a fund or account described in Subsection 73-10g-601(6) to fund water infrastructure projects prioritized by the state council. (2) The following shall be included in the written prioritization process under Subsection (1): (a) subject to Subsection (3), categories of the types of water infrastructure projects against which other water infrastructure projects are prioritized, including: (i) drinking water projects; (ii) wastewater projects; (iii) stormwater projects; (iv) secondary water projects; (v) dam and reservoir projects; (vi) off-farm agriculture projects; and (vii) water reuse projects; (b) exclusion of the following types of water infrastructure projects: (i) an emergency water infrastructure project; or (ii) a small water infrastructure project that receives less than an amount of water infrastructure fund money established by rule made by the state council in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act; (c) hardship criteria that at a minimum refer to the hardship criteria of the Division of Drinking Water and the Division of Water Quality; (d) criteria related to the public interest, including conservation and the protection of public health and safety; (e) criteria to ensure that the project is adequately designed based on sound engineering and geologic considerations; (f) criteria for ranking or prioritizing a local water infrastructure project based on: (i) a local water infrastructure plan that is consistent with this section; and (ii) consultation with local entities about local water infrastructure projects; (g) criteria for ranking or prioritizing a water infrastructure project when water infrastructure fund money will be used to match federal funding; (h) a requirement that a person who receives water infrastructure fund money for a water infrastructure project: (i) engage in long-term planning consistent with Section 73-10g-602; and (ii) comply with Section 73-10g-605; and (i) any other provision the state council considers appropriate. (3) When including categories of types of water infrastructure projects used in the written prioritization process, the state council shall consider: (a) whether to apply percentages of water infrastructure fund money assigned to each category; (b) the size and resources of recipients; and (c) the potential purposes of the different types of water infrastructure projects, such as agricultural, municipal, or industrial uses. (4) In developing the written prioritization process, the state council shall seek and consider public comment related to developing the written prioritization process by holding public meetings at locations throughout the state in accordance with Title 52, Chapter 4, Open and Public Meetings Act. (5) (a) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the state council shall make rules establishing the written prioritization process under Subsection (1). (b) The state council shall submit a proposed rule to the Legislative Water Development Commission for review before taking final action on the proposed rule or a proposed amendment to the rule described in this Subsection (5). (6) In determining priorities and funding levels of water infrastructure projects, the state council shall use the ranked list of water infrastructure projects based on the criteria adopted in the written prioritization process under Subsection (1). (7) A relevant agency shall annually report to the state council on the status of new water infrastructure projects, including water infrastructure projects that are funded by the Legislature in an appropriation act. (8) For a fiscal year before fiscal year 2027, a relevant agency shall prioritize water infrastructure projects within the jurisdiction of the relevant agency and not the state council.
Utah Code § 73-5a-103 — Utah Code / Title 73 / Chapter 73-5a / § 73-5a-103
§ 73-5a-103. Liability of owner or operator.
Status: in_force

(1) Nothing in this chapter shall be construed to relieve an owner or operator of a dam or reservoir of the legal duties, obligations, or liabilities incident to the ownership or operation of the dam or reservoir. (2) The owner or operator of a dam or reservoir may not be held to be strictly liable for any act or omission incident to the construction, ownership, or operation of the dam or reservoir.
Utah Code § 73-34-303 — Utah Code / Title 73 / Chapter 73-34 / § 73-34-303
§ 73-34-303. State engineer duties related to applications -- Reporting.
Status: in_force

(1) (a) Under an application filed under Section 73-34-302, the state engineer shall limit approval of the application to the period specified in the lease. (b) The state engineer shall approve the application in accordance with Section 73-3-30, except that the state engineer shall condition the approval on annual reporting of the measuring or monitoring of approved leases of agricultural water under the program. (2) (a) The state engineer shall examine the measuring or monitoring of approved leases of agricultural water under the program. (b) By no later than December 31 of each year, the state engineer shall report to the Legislative Water Development Commission challenges faced by the state in the measuring and monitoring of agricultural water leased under the program for the benefit of the Great Salt Lake.
Utah Code § 73-31-103 — Utah Code / Title 73 / Chapter 73-31 / § 73-31-103
§ 73-31-103. Notice -- Website.
Status: in_force

(1) A notice required under this chapter shall be posted in accordance with Subsection 73-3-6(1) and to a water bank's website, unless otherwise specified. (2) The board may create and oversee a website for the purpose of making water banking information available to the public.
Utah Code § 73-31-203 — Utah Code / Title 73 / Chapter 73-31 / § 73-31-203
§ 73-31-203. Action by board on statutory water bank applications.
Status: in_force

(1) Upon receipt of an application under Section 73-31-202, the board shall record the date the board receives the application. (2) The board shall: (a) examine an application for completeness to determine whether the application satisfies this part; (b) review an application to determine whether it meets the objectives of a water bank described in Section 73-31-103; (c) consider an application complete if the application satisfies the requirements of this part; and (d) notify the applicant of any additional information or changes needed to process the application. (3) Within 30 days of the date the board determines that an application is complete, the board shall post notice of the application pursuant to Section 73-31-103. (4) The notice required by Subsection (3) shall state: (a) that an application to create a statutory water bank has been filed with the board; (b) where an interested party may obtain a copy of the application and any additional information related to the application; and (c) the date, time, and place of the public meeting required by Section 73-31-204.
Utah Code § 73-3b-107 — Utah Code / Title 73 / Chapter 73-3b / § 73-3b-107
§ 73-3b-107. Recoverable water -- State engineer to determine.
Status: in_force

A person who holds a recovery permit may recover the amount of water stored by the recharge project which the state engineer determines has reached the aquifer and remains within the hydrologic area of influence.
Utah Code § 73-32-302 — Utah Code / Title 73 / Chapter 73-32 / § 73-32-302
§ 73-32-302. Advisory council created -- Staffing -- Per diem and travel expenses -- Annual conflict of interest disclosure statement -- Exception -- Penalties.
Status: in_force

(1) There is created an advisory council known as the "Great Salt Lake Advisory Council" consisting of 11 members listed in Subsection (2). (2) (a) The governor shall appoint the following members, with the advice and consent of the Senate: (i) one representative of industry representing the extractive industry; (ii) one representative of industry representing aquaculture; (iii) one representative of conservation interests; (iv) one representative of a migratory bird protection area as defined in Section 23A-13-101; (v) one representative who is an elected official from municipal government, or the elected official's designee; (vi) five representatives who are elected officials from county government, or the elected official's designee, one each representing: (A) Box Elder County; (B) Davis County; (C) Salt Lake County; (D) Tooele County; and (E) Weber County; and (vii) one representative of a publicly owned treatment works. (3) (a) Except as required by Subsection (3)(b), each member shall serve a four-year term. (b) Notwithstanding Subsection (3)(a), at the time of appointment or reappointment, the governor shall adjust the length of terms of voting members to ensure that the terms of council members are staggered so that approximately half of the council is appointed every two years. (c) When a vacancy occurs in the membership for any reason, the governor shall appoint a replacement for the unexpired term with the advice and consent of the Senate. (d) A member shall hold office until the member's successor is appointed and qualified. (4) The council shall determine: (a) the time and place of meetings; and (b) any other procedural matter not specified in this chapter. (5) (a) Attendance of six members at a meeting of the council constitutes a quorum. (b) A vote of the majority of the members present at a meeting when a quorum is present constitutes an action of the council. (6) A member may not receive compensation or benefits for the member's service, but may receive per diem and travel expenses in accordance with: (a) Section 63A-3-106; (b) Section 63A-3-107; and (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and 63A-3-107. (7) The department and the Department of Environmental Quality shall coordinate and provide necessary staff assistance to the council. (8) Except as provided in Subsection (14), a council member shall, no sooner than January 1 and no later than January 31 of each year during which the council member holds office on the council: (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 administrator or clerk of the council. (9) (a) No later than 10 business days after the date on which the council member submits the written disclosure statement described in Subsection (8) to the administrator or clerk of the council, the administrator or clerk shall: (i) post an electronic copy of the written disclosure statement on the council's website; and (ii) provide the lieutenant governor with a link to the electronic posting described in Subsection (9)(a)(i). (b) The administrator or clerk of the council shall ensure that the council member's written disclosure statement remains posted on the council's website until the council member leaves office. (10) The administrator or clerk of the council shall take the action described in Subsection (11) if: (a) a council member fails to timely file the written disclosure statement described in Subsection (8); or (b) a submitted written disclosure statement does not comply with the requirements of Subsection 20A-11-1604(6). (11) If a circumstance described in Subsection (10) occurs, the administrator or clerk of the council shall, within five days after the day on which the administrator or clerk determines that a violation occurred, notify the council member of the violation and direct the council member to submit an amended written disclosure statement correcting the problem. (12) (a) It is unlawful for a council member to fail to submit or amend a written disclosure statement within seven days after the day on which the council member receives the notice described in Subsection (11). (b) A council member who violates Subsection (12)(a) is guilty of a class B misdemeanor. (c) The administrator or clerk of the council shall report a violation of Subsection (12)(a) to the attorney general. (d) In addition to the criminal penalty described in Subsection (12)(b), the administrator or clerk of the council shall impose a civil fine of $100 against a council member who violates Subsection (12)(a). (13) The administrator or clerk of the council shall deposit a fine collected under this section into the council's account to pay for the costs of administering this section. (14) For an individual appointed to the council under Subsection (2)(a)(v) or (vi): (a) Subsection (8) does not apply; and (b) the administrator or clerk of the council shall, instead: (i) post an electronic link on the council's website to the written disclosure statement the council member made in the council member's capacity as an elected officer of: (A) a county, under Section 17-70-509; or (B) a municipality, under Section 10-3-1313; and (ii) provide the lieutenant governor with a link to the electronic posting described in Subsection (14)(b)(i).
Utah Code § 73-2-1.3 — Utah Code / Title 73 / Chapter 73-2 / § 73-2-1.3
§ 73-2-1.3. Report to executive director of natural resources.
Status: in_force

The state engineer shall report to the executive director of natural resources at such times and on such administrative matters concerning the state engineer's office as the executive director may require.
Utah Code § 73-1-4 — Utah Code / Title 73 / Chapter 73-1 / § 73-1-4
§ 73-1-4. Reversion to the public by abandonment or forfeiture for nonuse within seven years -- Saved water -- Written plan standards for future water -- Nonuse application.
Status: in_force

(1) As used in this section: (a) "Lower basin" means the same as that term is defined in Section 73-12a-2. (b) "Public entity" means: (i) the United States; (ii) an agency of the United States; (iii) the state; (iv) a state agency; (v) a political subdivision of the state; or (vi) an agency of a political subdivision of the state. (c) "Public water supplier" means an entity that: (i) supplies water, directly or indirectly, to the public for municipal, domestic, or industrial use; and (ii) is: (A) a public entity; (B) a water corporation, as defined in Section 54-2-1, that is regulated by the Public Service Commission; (C) a community water system: (I) that: (Aa) supplies water to at least 100 service connections used by year-round residents; or (Bb) regularly serves at least 200 year-round residents; and (II) whose voting members: (Aa) own a share in the community water system; (Bb) receive water from the community water system in proportion to the member's share in the community water system; and (Cc) pay the rate set by the community water system based on the water the member receives; or (D) a water users association: (I) in which one or more public entities own at least 70% of the outstanding shares; and (II) that is a local sponsor of a water project constructed by the United States Bureau of Reclamation. (d) "Saved water" means the same as that term is defined in Section 73-3-3. (e) "Shareholder" means the same as that term is defined in Section 73-3-3.5. (f) "Water company" means the same as that term is defined in Section 73-3-3.5. (g) "Water conservancy district" means the same as that term is defined in Section 73-10-32. (h) "Water supply entity" means an entity that supplies water as a utility service or for irrigation purposes and is also: (i) a municipality, water conservancy district, metropolitan water district, irrigation district, or other public agency; (ii) a water company regulated by the Public Service Commission; or (iii) any other owner of a community water system. (2) (a) Except as provided in Subsection (2)(b) or (e), when an appropriator or the appropriator's successor in interest abandons or ceases to beneficially use all or a portion of a water right for a period of at least seven years, the water right or the unused portion of that water right is subject to forfeiture in accordance with Subsection (2)(c). (b) (i) An appropriator or the appropriator's successor in interest may file an application for nonuse with the state engineer. (ii) A nonuse application may be filed on all or a portion of the water right, including water rights held by a water company. (iii) After giving written notice to the water company, a shareholder may file a nonuse application with the state engineer on the water represented by the stock. (iv) (A) The approval of a nonuse application excuses the requirement of beneficial use of water from the date of filing. (B) The time during which an approved nonuse application is in effect does not count toward the seven-year period described in Subsection (2)(a). (v) The filing or approval of a nonuse application or a series of nonuse applications under Subsection (3) does not: (A) constitute beneficial use of a water right; (B) protect a water right that is already subject to forfeiture under this section; or (C) bar a water right owner from: (I) using the water under the water right as permitted under the water right; or (II) claiming the benefit of Subsection (2)(e) or any other forfeiture defense provided by law. (c) (i) Except as provided in Subsection (2)(c)(ii), a water right or a portion of the water right may not be forfeited unless a judicial action to declare the right forfeited is commenced: (A) within 15 years from the end of the latest period of nonuse of at least seven years; or (B) within the combined time of 15 years from the end of the most recent period of nonuse of at least seven years and the time the water right was subject to one or more nonuse applications. (ii) (A) The state engineer, in a proposed determination of rights filed with the court and prepared in accordance with Section 73-4-11, may not assert that a water right was forfeited unless the most recent period of nonuse of seven years ends or occurs: (I) during the 15 years immediately preceding the day on which the state engineer files the proposed determination of rights with the court; or (II) during the combined time immediately preceding the day on which the state engineer files the proposed determination of rights consisting of 15 years and the time the water right was subject to one or more approved nonuse applications. (B) After the day on which a proposed determination of rights is filed with the court a person may not assert that a water right subject to that determination was forfeited before the issuance of the proposed determination, unless the state engineer asserts forfeiture in the proposed determination, or a person, in accordance with Section 73-4-11, makes an objection to the proposed determination that asserts forfeiture. (iii) A water right, found to be valid in a decree entered in an action for general determination of rights under Chapter 4, Determination of Water Rights, is subject to a claim of forfeiture based on a seven-year period of nonuse that begins after the day on which the state engineer filed the related proposed determination of rights with the court, unless the decree provides otherwise. (iv) If in a judicial action a court declares a water right forfeited, on the date on which the water right is forfeited: (A) the right to beneficially use the water reverts to the public; and (B) the water made available by the forfeiture: (I) first, satisfies other water rights in the hydrologic system in order of priority date; and (II) second, may be appropriated as provided in this title. (d) Except as provided in Subsection (2)(e), this section applies whether the unused or abandoned water or a portion of the water is: (i) permitted to run to waste; or (ii) beneficially used by others without right with the knowledge of the water right holder. (e) This section does not apply to: (i) the beneficial use of water according to a written, terminable lease or other agreement with the appropriator or the appropriator's successor in interest; (ii) a water right if the water right's place of use is contracted under an approved state agreement or federal conservation fallowing program; (iii) those periods of time when a surface water or groundwater source fails to yield sufficient water to satisfy the water right; (iv) a water right when water is unavailable because of the water right's priority date; (v) a water right to store water in a surface reservoir, or an aquifer in accordance with Chapter 3b, Groundwater Recharge and Recovery Act, if the water is stored for present or future beneficial use; (vi) a water right if a water user has beneficially used substantially all of the water right within a seven-year period, provided that this exemption does not apply to the adjudication of a water right in a general determination of water rights under Chapter 4, Determination of Water Rights; (vii) except as provided by Subsection (2)(g), a water right: (A) (I) owned by a public water supplier; (II) represented by a public water supplier's ownership interest in a water company; or (III) to which a public water supplier owns the right of beneficial use; and (B) conserved or held for the reasonable future water requirement of the public, which is determined according to Subsection (2)(f); (viii) a supplemental water right during a period of time when another water right available to the appropriator or the appropriator's successor in interest provides sufficient water so as to not require beneficial use of the supplemental water right; (ix) a period of nonuse of a water right during the time the water right is subject to an approved change application where the applicant is diligently pursuing certification; (x) a water right to store water in a surface reservoir if: (A) storage is limited by a safety, regulatory, or engineering restraint that the appropriator or the appropriator's successor in interest cannot reasonably correct; and (B) not longer than seven years have elapsed since the limitation described in Subsection (2)(e)(x)(A) is imposed; (xi) a water right subject to an approved change application for use within a water bank that has been authorized but not dissolved under Chapter 31, Water Banking Act, during the period of time the state engineer authorizes the water right to be used within the water bank; (xii) subject to Subsection (2)(h), that portion of a water right that is quantified as saved water in a final order from the state engineer approving a change application, but not to exceed the amount subsequently verified by the state engineer in a certificate issued under Section 73-3-17; or (xiii) a water right or a portion of a water right that a water conservancy district: (A) (I) uses or diverts within the lower basin; (II) has an approval or a certificate from the state engineer to use or divert within the lower basin; or (III) plans to use or divert within the lower basin, as demonstrated by an affidavit signed by the water conservancy district's general manager; and (B) (I) owns, including as a beneficial owner of a water right conveyed to the state, acting through the Board of Water Resources or Division of Water Resources, in connection with a loan agreement; (II) leases; or (III) is contractually entitled to use. (f) (i) The reasonable future water requirement of the public is the amount of water needed in the next 40 years by: (A) the persons within the public water supplier's reasonably anticipated service area based on reasonably anticipated population growth; or (B) other water use demand. (ii) For purposes of Subsection (2)(f)(i), a community water system's reasonably anticipated service area: (A) is the area served by the community water system's distribution facilities; and (B) expands as the community water system expands the distribution facilities in accordance with Title 19, Chapter 4, Safe Drinking Water Act. (iii) In accordance with Subsection 73-2-1(4) and Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the state engineer shall make rules to establish standards for a written plan under this Subsection (2)(f) that: (A) determines the reasonable future water requirement of the public for a public water supplier; and (B) a public water supplier shall complete to demonstrate compliance with this Subsection (2)(f). (iv) The state engineer shall present rules developed under Subsection (2)(f)(iii), before the rules take effect, to: (A) if the Legislature is not in session, the Natural Resources, Agriculture, and Environment Interim Committee; or (B) if the Legislature is in session, the House and Senate Natural Resources, Agriculture, and Environment standing committees. (v) The rules that the state engineer makes to establish standards for a written plan in accordance with Subsection (2)(f)(iii) shall include a standard for determining: (A) a population estimate, including anticipated population growth, consistent with an estimate or methodology under Title 63C, Chapter 20, Utah Population Committee; (B) an impact of current and future drought conditions; (C) an anticipated loss of a water source due to a natural disaster, including an earthquake or a change in climate; (D) an impact of a water conservation activity described in a public water supplier's water conservation plan described in Section 73-10-32; (E) the amount of water a public water supplier needs per capita; and (F) any other factor relevant to establishing the reasonable future water requirement of the public for a public water supplier. (g) For a water right acquired by a public water supplier on or after May 5, 2008, Subsection (2)(e)(vii) applies if: (i) the public water supplier submits a change application under Section 73-3-3; and (ii) the state engineer approves the change application. (h) Saved water does not retain the protection of Subsection (2)(e)(xii) and any period of nonuse for saved water begins to run the day on which: (i) the underlying water right that serves as the basis for the saved water is declared by court decree to have been lost due to forfeiture under this section; or (ii) the title of a right to saved water segregated under Section 73-3-27 is conveyed independent of the underlying water right. (3) (a) The state engineer shall furnish a nonuse application form requiring the following information: (i) the name and address of the applicant; (ii) a description of the water right or a portion of the water right, including the point of diversion, place of use, and priority; (iii) the quantity of water; (iv) the period of use; (v) the extension of time applied for; (vi) a statement of the reason for the nonuse of the water; and (vii) any other information that the state engineer requires. (b) (i) Upon receipt of the application, the state engineer shall publish a notice of the application once a week for two successive weeks: (A) in a newspaper of general circulation in the county in which the source of the water supply is located and where the water is to be beneficially used; and (B) as required in Section 45-1-101. (ii) The notice shall: (A) state that an application has been made; and (B) specify where the interested party may obtain additional information relating to the application. (c) An interested person may file a written protest with the state engineer against the granting of the application: (i) within 20 days after the notice is published, if the adjudicative proceeding is informal; and (ii) within 30 days after the notice is published, if the adjudicative proceeding is formal. (d) In a proceeding to determine whether the nonuse application should be approved or rejected, the state engineer shall follow Title 63G, Chapter 4, Administrative Procedures Act. (e) After further investigation, the state engineer may approve or reject the application. (4) (a) The state engineer shall grant a nonuse application on all or a portion of a water right for a period of time not exceeding seven years if the applicant shows a reasonable cause for nonuse. (b) A reasonable cause for nonuse includes: (i) a demonstrable financial hardship or economic depression; (ii) a physical cause or change that renders use beyond the reasonable control of the water right owner so long as the water right owner acts with reasonable diligence to resume or restore the use; (iii) the initiation of water conservation or an efficiency practice, or the operation of a groundwater recharge recovery program approved by the state engineer; (iv) operation of a legal proceeding; (v) the holding of a water right or stock in a mutual water company without use by a water supply entity to meet the reasonable future requirements of the public; (vi) situations where, in the opinion of the state engineer, the nonuse would assist in implementing an existing, approved water management plan; or (vii) the loss of capacity caused by deterioration of the water supply or delivery equipment if the applicant submits, with the application, a specific plan to resume full use of the water right by replacing, restoring, or improving the equipment. (5) (a) Sixty days before the expiration of a nonuse application, the state engineer shall notify the applicant by mail or by a form of electronic communication through which receipt is verifiable, of the date when the nonuse application will expire. (b) An applicant may file a subsequent nonuse application in accordance with this section.
Utah Code § 73-5a-104 — Utah Code / Title 73 / Chapter 73-5a / § 73-5a-104
§ 73-5a-104. Qualifications of persons designing dams.
Status: in_force

Each plan for the construction, enlargement, repair, alteration, or removal of any dam in this state shall be prepared by a qualified engineer who is: (1) licensed in Utah; and (2) experienced in dam design and construction.
Utah Code § 73-2-7 — Utah Code / Title 73 / Chapter 73-2 / § 73-2-7
§ 73-2-7. Aid to federal court.
Status: in_force

The state engineer, when requested by the district court of the United States for the district of Utah, may assist said court in any matter relating to the distribution and use of any of the waters of the state, and may when so requested cooperate with any water commissioner appointed by said court in any such matter.
Utah Code § 73-26-404 — Utah Code / Title 73 / Chapter 73-26 / § 73-26-404
§ 73-26-404. Eminent domain.
Status: in_force

In order to construct the reservoirs and other facilities authorized under this chapter, the division may exercise eminent domain as provided in Title 78B, Chapter 6, Part 5, Eminent Domain.
Utah Code § 73-32-304 — Utah Code / Title 73 / Chapter 73-32 / § 73-32-304
§ 73-32-304. Great Salt Lake Account.
Status: in_force

(1) As used in this section ; (a) "Mineral" includes a chemical compound that includes an element or mineral. (b) "Mining" means the process of producing, extracting, leaching, evaporating, or otherwise removing a mineral from a natural deposit of the mineral. (2) (a) There is created within the General Fund a restricted account known as the "Great Salt Lake Account" consisting of: (i) revenues deposited into the account under Subsection (3); (ii) appropriations from the Legislature; and (iii) interest and other earnings described in Subsection (2)(b). (b) The Office of the Treasurer shall deposit interest and other earnings derived from investment of money in the account into the account. (3) The Division of Forestry, Fire, and State Lands shall deposit into the account the royalty income received by the state from mining that occurs on or after July 1, 2022, of a mineral from the sovereign lands of the Great Salt Lake if during the fiscal year beginning July 1, 2020, the state did not receive royalty income from the mining of that same mineral from the sovereign lands of the Great Salt Lake. (4) Upon appropriation by the Legislature, money in the account may be used to: (a) manage the water levels of the Great Salt Lake; and (b) fund the activities of the commissioner and office under this chapter.
Utah Code § 73-5a-101 — Utah Code / Title 73 / Chapter 73-5a / § 73-5a-101
§ 73-5a-101. Power of state engineer to regulate dams.
Status: in_force

(1) The state engineer has the authority to regulate the safety of dams for the purpose of protecting public safety. (2) To protect life and property, the state engineer may make rules controlling the construction and operation of dams, including rules controlling: (a) design; (b) maintenance; (c) repair; (d) removal; and (e) abandonment. (3) The state engineer may by rule exempt from this chapter any dam that: (a) impounds less than 20 acre-feet of water and does not constitute a threat to human life if it fails; or (b) does not constitute a threat to human life and would result in only minor damage to property of the owner if it fails.
Utah Code § 73-26-105 — Utah Code / Title 73 / Chapter 73-26 / § 73-26-105
§ 73-26-105. Transmission and treatment facilities.
Status: in_force

Entities purchasing developed water shall develop any facilities necessary for the transmission or treatment of the water.
Utah Code § 73-18c-308 — Utah Code / Title 73 / Chapter 73-18c / § 73-18c-308
§ 73-18c-308. Providing false evidence of owner's or operator's security -- Penalty.
Status: in_force

(1) A person who provides evidence of owner's or operator's security to a peace officer under Section 73-18-13.5 or 73-18c-304 knowing or having reason to believe that the evidence of owner's or operator's security is false or that it is evidence of owner's or operator's security that is not in effect is guilty of a class B misdemeanor. (2) A person is guilty of a class A misdemeanor if the person: (a) forges or, without authority, signs any evidence of proof of owner's or operator's security; or (b) falsely swears or affirms when obtaining a registration under Section 73-18c-303.
Utah Code § 73-18c-305 — Utah Code / Title 73 / Chapter 73-18c / § 73-18c-305
§ 73-18c-305. State treasurer's certificate to satisfy owner's or operator's security requirement.
Status: in_force

(1) A certificate of the state treasurer that conforms to this section satisfies the owner's or operator's security requirement of Section 73-18c-301. (2) The certificate of the state treasurer shall certify that the person named in it has deposited in trust with the state treasurer cash in an amount equal to twice the single limit under Subsection 31A-22-1503(2) or securities with a fair market value of a similar amount, which securities are legal investments for insurers under Section 31A-18-105. The state treasurer may not accept a deposit and issue a certificate for it, unless the deposit is accompanied by evidence that there are no unsatisfied liens of any character on the assets deposited. (3) The deposit shall be held by the state treasurer in trust to satisfy any execution on a judgment that would be paid under an insurance policy conforming to Sections 31A-22-1502 and 31A-22-1503 had the treasurer issued such a policy. (4) Except as provided under Subsection (3), assets deposited with the treasurer under this chapter are exempt from attachment or execution.
Utah Code § 73-18-24 — Utah Code / Title 73 / Chapter 73-18 / § 73-18-24
§ 73-18-24. Search and rescue fee -- Amount -- Deposit.
Status: in_force

(1) In addition to the fee imposed under Section 73-18-7, there is imposed a search and rescue fee of 50 cents on each motorboat or sailboat required to pay the fee imposed under Subsection 73-18-7(2) to be registered or renewed under Section 73-18-7. (2) The fees imposed under this section shall be collected in the same manner and by the same agency designated to collect the fees imposed under this chapter. (3) The fees collected under this section shall be deposited in the General Fund as dedicated credits for the Search and Rescue Financial Assistance Program created under Section 53-2a-1101.
Utah Code § 73-28-102 — Utah Code / Title 73 / Chapter 73-28 / § 73-28-102
§ 73-28-102. Scope.
Status: in_force

Nothing in this chapter may be construed to prevent any person, subject to other provisions of law, from developing the waters of the Colorado River.
Utah Code § 73-10g-605 — Utah Code / Title 73 / Chapter 73-10g / § 73-10g-605
§ 73-10g-605. Capital asset management and reserve analysis -- Assistance for person seeking state funds.
Status: in_force

(1) As a condition of receiving water infrastructure fund money for a water infrastructure project by a loan or grant, a recipient shall: (a) conduct a reserve study showing how the recipient shall: (i) repay the loan if the recipient receives a loan; and (ii) collect money for repair and replacement of the water infrastructure project; (b) if the recipient receives a loan, update the reserve study described in Subsection (1)(a) every five years or until the loan is repaid; and (c) comply with the relevant capital asset management requirements under: (i) Section 19-5-202 for a water infrastructure project related to wastewater or sewage infrastructure; (ii) Section 73-10g-502 for a water conservancy district's, as defined in Section 73-10g-501, water infrastructure project that is not described in Subsection (1)(c)(i); or (iii) Section 73-10g-502.5, for a public water system, as defined in Section 73-10g-502.5, that is not a water conservancy district. (2) A reserve study required under this section shall include: (a) a list of the components identified in the reserve analysis that will reasonably require reserve funds; (b) a statement of the probable remaining useful life, as of the date of the reserve analysis, of each component identified in the reserve analysis; (c) an estimate of the cost to repair, replace, or restore each component identified in the reserve analysis; (d) an estimate of the total annual contribution to a reserve fund necessary to meet the cost to repair, replace, or restore each component identified in the reserve analysis during the component's useful life and at the end of the component's useful life; and (e) a reserve funding plan that recommends how the system may fund the annual contribution described in Subsection (2)(d). (3) If a person seeking state or federal financing or grants establishes a need to the satisfaction of a relevant agency, the relevant agency may provide the person: (a) water infrastructure fund money to assist the recipient in complying with the planning, reserve analysis, and capital asset management requirements of this part or Part 5, Capital Assets for Water; or (b) technical assistance with the planning, reserve analysis, or capital asset management requirements of this part or Part 5, Capital Assets for Water.
Utah Code § 73-2-28 — Utah Code / Title 73 / Chapter 73-2 / § 73-2-28
§ 73-2-28. Costs and fees in civil actions.
Status: in_force

The prevailing party in a civil action is entitled to collect reasonable costs and attorney fees, if that action is brought: (1) under Section 73-1-14; (2) under Section 73-1-15; (3) for injuries caused by a diversion of water for which no water right has been established; (4) for injuries caused by a diversion of water in violation of an existing water right; or (5) for injuries caused by a violation of a written distribution order from the state engineer.
Utah Code § 73-26-203 — Utah Code / Title 73 / Chapter 73-26 / § 73-26-203
§ 73-26-203. Time period for submission of offers to purchase  or lease water -- Oversubscription of water -- Allocation procedure.
Status: in_force

(1) When a project authorized under this chapter is under development, the division shall establish a period of time during which the entities specified in Section 73-26-201 may offer to purchase or lease water developed by the project. (2) (a) If, in the time period established under Subsection (1), the division receives offers to purchase or lease more water than can be made available through the project, the board shall allocate the water among the interested purchasers. (b) In determining the allocations, the board: (i) shall give priority in the following order to: (A) municipal and industrial water needs; (B) agricultural water needs; and (C) all other water uses; and (ii) may proportionately reduce each offer.
Utah Code § 73-10g-203.5 — Utah Code / Title 73 / Chapter 73-10g / § 73-10g-203.5
§ 73-10g-203.5. Definitions.
Status: in_force

As used in this part: (1) "Account" means the Agricultural Water Optimization Account created in Section 73-10g-204. (2) "Agricultural water optimization" means the implementation of agricultural and water management practices that maintain viable agriculture without increasing water depletion to enhance water availability and minimize impacts on water supply, water quality, and the environment. (3) "Change application" means an application filed under Section 73-3-3. (4) "Committee" means the Agricultural Water Optimization Committee created in Section 73-10g-205. (5) "Conservation commission" means the conservation commission created in Section 4-18-104. (6) "Department" means the Department of Agriculture and Food. (7) "Funding application" means an application filed under Section 73-10g-206. (8) "Saved water" means the same as that term is defined in Section 73-3-3.
Utah Code § 73-32-204 — Utah Code / Title 73 / Chapter 73-32 / § 73-32-204
§ 73-32-204. Strategic plan.
Status: in_force

(1) (a) In accordance with this section, the commissioner shall prepare a strategic plan and obtain the approval of the governor of that strategic plan. (b) A strategic plan prepared by the commissioner may not be implemented until the governor approves the strategic plan, except as provided in Subsection (4). (2) The commissioner shall base the strategic plan on a holistic approach that balances the diverse interests related to the health of the Great Salt Lake, and includes provisions concerning: (a) coordination of efforts related to the Great Salt Lake; (b) a sustainable water supply for the Great Salt Lake, while balancing competing needs; (c) human health and quality of life; (d) a healthy ecosystem; (e) economic development; (f) water conservation, including municipal and industrial uses and agricultural uses; (g) water and land use planning; (h) regional water sharing; and (i) other provisions that the commissioner determines would be for the benefit of the Great Salt Lake. (3) The governor may approve a strategic plan only after consulting with the speaker of the House of Representatives and the president of the Senate. (4) Once a strategic plan is approved by the governor, the commissioner may make substantive changes to the strategic plan without the approval of the governor, except that the commissioner shall: (a) inform the governor, the speaker of the House of Representatives, and the president of the Senate of a substantive change to the strategic plan; and (b) submit the strategic plan every five years for the approval of the governor in a process that requires: (i) the submission of the proposed strategic plan to the governor, speaker of the House of Representatives, and the president of the Senate; (ii) approval by the governor; and (iii) the commissioner to provide to the following a copy of the strategic plan approved by the governor under this Subsection (4): (A) the Natural Resources, Agriculture, and Environment Interim Committee; (B) the department; (C) the Department of Environmental Quality; and (D) the Department of Agriculture and Food. (5) The commissioner may work with the Division of Forestry, Fire, and State Lands in coordinating the comprehensive management plan created under Section 65A-17-201 with the strategic plan.
Utah Code § 73-21-105 — Utah Code / Title 73 / Chapter 73-21 / § 73-21-105
§ 73-21-105. Tabulation of Ute Indian Water Rights.
Status: in_force

PURPOSEThis tabulation of Ute Indian Water Rights is prepared pursuant to and in accordance with the Ute Indian Water Compact of 1990 between the Ute Indian Tribe of the Uintah and Ouray Indian Reservation, Utah, the State of Utah and the United States of America concerning the water rights of the Ute Indian Tribe. The purpose of this Tabulation is to fully identify and define all federal reserved water rights of the Ute Indian Tribe.FORWARDIn December, 1960 the Ute Tribe submitted to the Utah State Engineer a report entitled Water Right Claims, Uintah and Ouray Indian Reservation, Utah, prepared by E.L. Decker, tribal engineer, and commonly referred to as the Decker Report. This report was prepared to identify both the Tribe's present irrigated acreage and also those lands that are susceptible to irrigation, for which a water right was claimed under the doctrine expressed in Winters v. United States, 207, U.S. 546 (1908). The acreages listed in the Decker report, as amended, were used as a basis for this Tabulation.The Decker Report divided the lands into seven different groups for identification purposes, which are incorporated herein:Group (1): Lands included within the Uintah Indian Irrigation Project, the water right to which has been certificated by the State of Utah and included within Federal Court Decrees adjudicating water rights of the Lakefork, Yellowstone, Uinta and Whiterock Rivers.Group (2): Lands included in the Uintah Indian Irrigation Project, the water right to which has been certificated by the State of Utah, served from the Duchesne River, including the townsites of Duchesne, Randlett and Myton.Group (3): Lands that are or can be served from the Duchesne River through the facilities of the Uintah Indian Irrigation Project which lands have not been certificated by the State of Utah.Group (4): Lands which have been found to be productive and economically feasible to irrigate from privately constructed ditch systems on the Duchesne River or its tributaries above the Pahcease Canal.Group (5): Lands which have been found to be susceptible to irrigation and are proposed to be developed within the Central Utah Project.Group (6): Lands lying east of the Green River served from the White River for which Applications to Appropriate Water were once filed with the State of Utah.Group (7): Lands lying east of the Green River which have been found to be productive and economically feasible to irrigate from privately constructed ditch systems now in operation or to be constructed along the Green River, White River, Willow Creek, Bitter Creek, Sweet Water Creek and Hill Creek.A summary of the Ute Indian Tribe's total irrigable acreage, maximum allowable depletion and diversion requirement for each of the land groups, by streams, are contained in tables 1, 2, and 3, respectively.Delivery schedules specifying the quantity of water to be diverted from the various streams are shown in tables 4 through 7. The quantity of water to be diverted into the various canals and/or ditches shall be determined based on the irrigable acreage as shown in the acreage tabulation, times the flow rate per acre corresponding to the period of time on the appropriate delivery schedule. The delivery schedules may be modified by mutual consent of the Tribe, State and other affected water users or through the pending general adjudication process. No delivery of water shall be made to lands until the lands are developed or an appropriate change application is filed and approved. For the Group 1 lands the diversion requirement was established at 3.40 acre-feet per acre under the 1980 Ute Indian Water Compact, of which 3.00 acre-feet per acre was to have been supplied from direct streamflow in accordance with the appropriate delivery schedule and the remaining 0.40 acre-feet per acre was to have been supplied from storage under the proposed Uintah and Upalco Units of the Central Utah Project. Such water delivered from storage (0.40 acre-feet per acre) was to assume, or if developed in the future will assume, the priority date of the Bureau of Reclamation water rights to accomplish the equitable allocation of water to all subscribers of the projects. Under the 1990 Compact such water will not be developed or delivered under the Upalco and Uintah Units. Nevertheless, this tabulation leaves in place the diversion and depletion quantities with respect to these Group 1 lands established under the 1980 Compact.Within the group 1 lands there are 9,300 acres commonly referred to as Midview Exchange lands. As a result of this exchange these lands are now served from the Duchesne River and thus have a diversion requirement of 4.0 acre-feet per acre. Water for these lands shall be supplied in accordance with terms of the Midview Exchange Agreement.The priority date of the group 1 through 5 lands is October 3, 1861. The source of supply for the group 5 lands has been transferred to the Green River, within the exterior reservation boundaries, and the Tribe waives any and all claims to develop the Group 5 lands in place as set forth in the Decker Report and identified in this tabulation. In transferring the Group 5 lands, 19,809 acres (which includes the 7 percent reduction) are transferred on an acre-per-acre bases, and 7,271 acres (which includes the 7 percent reduction) are transferred based upon depletion. In making the transfer based upon depletion the irrigable acreage is reduced by 1885.0 acres. The priority date of the group 6 and 7 lands is January 5, 1882, except those group 7 lands bearing the notation "To be determined" under the Priority Date. As to those certain group 7 lands the priority date shall be determined by mutual agreement, among the parties to the Compact on or before any call for such water is made or by binding arbitration using the following guidelines:1. All matters are deemed resolved herein except the issue of the priority date for certain parcels of group 7 lands. That issue shall be submitted to an arbitrator who shall have the authority under Utah Revised Code Sections 78-31-1, et seq., to decide the unresolved factual issue as to the precise priority date for any parcel of group 7 lands specified in the Tabulation.2. To reach a determination of the priority date, either the State of Utah or the Ute Tribe may request a panel of five water law experts. With the State of Utah striking first, the Ute Tribe and the State shall alternately strike names from the list until one name remains and such person shall be the arbitrator.3. The decision of the arbitrator shall be final and shall conclusively determine the priority date in question.4. The procedures of the American Arbitration Association shall govern any proceedings and the costs and expenses of the arbitrator shall be shared equally by the State and the Ute Tribe.The acreage tabulations herein lists the land group, source of supply, canal or ditch (if applicable), point of diversion, irrigable acreage and place of use. The quantity of land to be irrigated is limited to the acreage listed as Irrigable Acreage and shall be located within the area described.MUNICIPAL AND INDUSTRIAL WATERIn addition to the quantities of water set forth herein for the irrigable acreage of the Ute Indian Tribe, the United States of America in trust for the Ute Indian Tribe is allocated the depletion of 10,000 acre-feet of water annually for municipal, industrial and related purposes from the Green River. To the extent that the tribe or its members use water, other than for irrigation purposes, the quantity so used shall be included within said 10,000 acre feet unless a transfer of water from land listed in the tabulation is properly made. The priority date for the water provided under this paragraph is October 3, 1861. The Tribe and the State shall conduct a cooperative inventory to identify all existing non-irrigation water uses of the Tribe or its members to determine the remaining quantity of water available for diversion.
Utah Code § 73-5-8.3 — Utah Code / Title 73 / Chapter 73-5 / § 73-5-8.3
§ 73-5-8.3. Reporting by large data centers.
Status: in_force

(1) As used in this section: (a) "Construction activity" means a physical activity necessary to construct a new large data center as may be defined by the division by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act. (b) "Division" means the Division of Water Rights. (c) "Land use authority" means: (i) a land use authority, as defined in Section 10-20-102, of a municipality; or (ii) a land use authority, as defined in Section 17-79-102, of a county. (d) "Large data center" means a facility with an annual water withdrawal of 75 acre feet per year or more that: (i) houses a group of networked server computers in one physical location to disseminate, manage, and store data and information as the primary service of the facility; (ii) consists of one or more buildings that in total equals or exceeds 10,000 square feet; (iii) includes facilities and infrastructure for: (A) environmental control, cooling, and security required to deliver the desired service with respect to a specific facility; or (B) generation by the operator of the large data center of energy to power a specific facility delivering the desired service; (iv) is owned or leased by: (A) the operator of the data center facility; or (B) a person under common ownership, as defined in Section 59-7-101, of the operator of the data center facility; and (v) is located on one or more parcels of land that are owned or leased by: (A) the operator of the data center facility; or (B) a person under common ownership, as defined in Section 59-7-101, of the operator of the data center facility. (e) "Municipality" means the same as that term is defined in Section 10-1-104. (f) "New large data center" means a large data center that begins operations on or after July 1, 2026. (g) "Operator of a large data center" means the owner or operator of a large data center, or other person who has comparable rights of use over a large data center, including any person responsible for allocating space for external use of information technology and network telecommunications equipment within the large data center. (h) "Water provider" means: (i) a retail water supplier, as defined in Section 19-4-102; or (ii) a water conservancy district formed under Title 17B, Chapter 2a, Part 10, Water Conservancy District Act. (2) Before a land use authority of a municipality or county approves a land use application for a new large data center, the land use authority shall notify the following by mail or email: (a) the division; (b) the Division of Water Quality; and (c) the relevant water provider, if any. (3) On or after July 1, 2026, at least 90 days, but no sooner than 360 days, before the operator of a large data center begins construction activities related to a new large data center, the operator of the large data center shall: (a) notify in writing the water provider that provides water to the area where the new large data center will be located to detail the anticipated water consumption needs of the new large data center so that the water provider can determine whether the anticipated water consumption of the new large data center is compatible with the location in which the new large data center is being located; and (b) report to the division: (i) the municipality, if applicable, and county in which the new large data center will be located; (ii) the estimated withdrawal amount of water that the new large data center will withdraw annually; (iii) plans to treat discharges, if applicable; (iv) whether and, if so, the estimated extent to which discharge temperature will be adjusted; and (v) whether and, if so, the planned extent to which the new large data center will engage in water reuse or activities to replace water used by the new large data center. (4) (a) Subject to Subsection (4)(b), after a new large data center begins operation, the operator of the large data center shall report to the division for the calendar year being reported on: (i) efforts made to reduce water consumption over the calendar year; (ii) actual withdrawals for the calendar year; (iii) efforts to protect the environment and public from polluted water, if applicable, in the calendar year; and (iv) other information required by the division by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act. (b) On and after July 1, 2026, the operator of a large data center that is a new large data center shall report to the division the information required by Subsection (4)(a): (i) unless the state engineer requires the new large data center to report water data by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, under a statute other than this section regardless of whether the scope of the report required by rule includes all water data for the new large data center; and (ii) (A) annually by no later than July 1; and (B) for the previous calendar year. (5) (a) The division shall publish water withdrawal data for each new large data center that is reported under Subsection (3)(b) or (4)(a) on the division's public website by no later than September 1 for the previous calendar year, and not in the aggregate. (b) Notwithstanding Subsection (5)(a), the division shall treat information as proprietary information that may not be disclosed as a protected record under Subsection 63G-2-305(2) if: (i) the operator of the large data center complies with Section 63G-2-309; and (ii) the information is reported to the division under: (A) Subsections (3)(b)(iii) through (v); (B) Subsection (4)(a)(i) or (iii); or (C) Subsection (4)(a)(iv), if at the time the division requires the information by rule, the division provides that the division will treat the information as a protected record in accordance with this Subsection (5)(b). (c) The division shall annually disclose by no later than September 1 aggregated and anonymized data based on the information that is a protected record described in Subsection (5)(b): (i) on the division's public website, organized by county; and (ii) to each municipality or county in which is located a new large data center required to report under Subsection (4). (d) Notwithstanding the other provisions of this Subsection (5), the division shall provide non-proprietary information from a report under Subsection (3) or (4) to the Division of Water Quality and the relevant water provider, if any. (6) (a) The division may enforce the reporting requirements in accordance with this Subsection (6). (b) If the operator of a large data center fails to submit a report required under Subsection (3) or (4) or submits an incomplete report, the division shall notify the operator of the large data center of the failure or incompleteness. (c) If the operator of the large data center fails to submit a complete report after receipt of notice under Subsection (6)(b), the division shall impose a fine in accordance with Section 73-2-25 of up to $100 for each day the operator of the large data center fails to comply with this Subsection (6). (d) The division shall deposit money collected under this Subsection (6) into the General Fund.
Utah Code § 73-18c-201 — Utah Code / Title 73 / Chapter 73-18c / § 73-18c-201
§ 73-18c-201. Division to administer and enforce chapter -- Division may adopt rules.
Status: in_force

(1) (a) The division shall administer this chapter. (b) A law enforcement officer authorized under Title 53, Chapter 13, Peace Officer Classifications, may enforce this chapter and the rules made under this chapter. (2) The division, after notifying the commission, may adopt rules as necessary for the administration of this chapter in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
Utah Code § 73-1-8 — Utah Code / Title 73 / Chapter 73-1 / § 73-1-8
§ 73-1-8. Duties of owners or operators -- Bridges and trails -- Liability.
Status: in_force

(1) As used in this section: (a) "Water facility" means a dam, pipeline, culvert, flume, conduit, ditch, head gate, canal, reservoir, spring box, well, meter, weir, valve, casing, cap, or other facility used for the diversion, transportation, distribution, measurement, collection, containment, or storage of irrigation water. (b) "Water facility" does not mean a facility used primarily as part of a: (i) public water system as defined in Section 19-4-102; or (ii) residential irrigation system. (2) An owner or operator of a water facility shall: (a) maintain the water facility to prevent waste of water, damage to property, or injury to others; and (b) by bridge or otherwise, keep the water facility in good repair where the water facility crosses a public road or highway to prevent obstruction to travel or damage or overflow on the public road or highway. (3) Subsection (2)(b) does not apply where a governmental entity maintains or elects to maintain a bridge or other device to prevent obstruction to travel or damage or overflow on the public road or highway. (4) In addition to immunity if the conditions of Title 57, Chapter 14, Limitations on Landowner Liability, are met, an owner or operator of a water facility, stream, or river, is immune from suit if: (a) the damage or personal injury arises out of, is in connection with, or results from the use of a trail that is located along a water facility, stream, or river, regardless of ownership or operation of the water facility, stream, or river; (b) the trail is designated under a general plan adopted by a municipality under Section 10-20-401 or by a county under Section 17-79-401; (c) the trail right-of-way or the right-of-way where the trail is located is open to public use as evidenced by a written agreement between the owner or operator of the trail right-of-way, or of the right-of-way where the trail is located, and the municipality or county where the trail is located; and (d) the written agreement: (i) contains a plan for operation and maintenance of the trail; and (ii) provides that an owner or operator of the trail right-of-way, or of the right-of-way where the trail is located has, at minimum, the same level of immunity from suit as the governmental entity in connection with or resulting from use of the trail. (5) (a) The duty under Subsection (2) requires only reasonable and ordinary care and may not be construed to impose strict liability or to otherwise increase the liability of the owner or operator of a water facility. (b) An owner or operator of a water facility is not liable for damage or injury caused by: (i) the diversion or discharge of water or another substance into the water facility by a third party beyond the control of the owner or operator of the water facility, including control exercised by the owner's or operator's employees or agents; (ii) any other act or omission of a third party that is beyond the control of the owner or operator of the water facility, including control exercised by the owner's or operator's employees or agents; or (iii) an act of God, including fire, earthquake, storm, flash floods, or similar natural occurrences. (6) This section may not be interpreted to impair a defense that an owner or operator of a water facility may assert in a civil action.
Utah Code § 73-2-2 — Utah Code / Title 73 / Chapter 73-2 / § 73-2-2
§ 73-2-2. Oath.
Status: in_force

(1) Before entering upon the duties of the office, the state engineer shall take and subscribe the constitutional oath of office. (2) The state engineer shall file the oath with the Division of Archives.
Utah Code § 73-10-19 — Utah Code / Title 73 / Chapter 73-10 / § 73-10-19
§ 73-10-19. Director's power and authority.
Status: in_force

The director shall: (1) be the executive and administrative head of the Division of Water Resources; (2) be selected with special reference to training, experience, and interest in the field of water conservation and development; (3) administer the Division of Water Resources; (4) succeed to all of the powers and duties conferred upon the executive secretary of the Utah water and power board pursuant to Title 73, Chapter 10, Board of Water Resources - Division of Water Resources; and (5) have the power, within rules established by the Board of Water Resources, to: (a) make studies, investigations, and plans for the full development and utilization and promotion of the water and power resources of the state, including preliminary surveys, stream gauging, examinations, tests, and other estimates either separately or in consultation with federal, state, and other agencies; (b) initiate and conduct water resource investigations, surveys and studies, prepare plans and estimates, make reports thereon, and perform necessary work to develop an over-all state water plan; (c) file applications in the name of the division for the appropriation of water; (d) take all action necessary to acquire or perfect water rights for projects sponsored by the board; and (e) accept, execute, and deliver deeds and all other conveyances.
Utah Code § 73-32-201 — Utah Code / Title 73 / Chapter 73-32 / § 73-32-201
§ 73-32-201. Great Salt Lake commissioner appointment.
Status: in_force

(1) (a) The governor shall appoint a Great Salt Lake commissioner with the advice and consent of the Senate. The commissioner shall serve within the department and report to the executive director. (b) Before the governor appoints the commissioner under this section, the governor shall consult with the speaker of the House of Representatives and the president of the Senate concerning the selection of potential candidates for the position of commissioner. (2) The commissioner shall serve a term of six years and may be appointed to more than one term, but shall be subject to removal at the pleasure of the governor. (3) The governor shall establish the commissioner's compensation within the salary range fixed by the Legislature in Title 67, Chapter 22, State Officer Compensation.
Utah Code § 73-3-19 — Utah Code / Title 73 / Chapter 73-3 / § 73-3-19
§ 73-3-19. Right of entry on private property -- By applicant -- Bond -- Priority.
Status: in_force

Whenever any applicant for the use of water from any stream or water source must necessarily enter upon private property in order to make a survey to secure the required information for making a water filing and is refused by the owner or possessor of such property such right of entry, the applicant may petition the district court for an order granting such right, and after notice and hearing, such court may grant such permission, on security being given to pay all damage caused thereby to the owner of such property. In such case the priority of such application shall date from the filing of such petition with the district court as aforesaid.
Utah Code § 73-18-7.2 — Utah Code / Title 73 / Chapter 73-18 / § 73-18-7.2
§ 73-18-7.2. Falsified or misused registration or certificate of title.
Status: in_force

(1) It is a third degree felony for a person to: (a) alter with fraudulent intent a motorboat or sailboat certificate of title, registration card, or registration decal or outboard motor certificate of title issued by the division or the division's authorized agent; (b) forge or counterfeit a motorboat or sailboat certificate of title, registration card, or registration decal or outboard motor certificate of title purporting to have been issued by the division or the division's authorized agent; (c) alter, falsify, or forge an assignment upon a motorboat, sailboat, or outboard motor certificate of title; or (d) hold or use a motorboat or sailboat certificate of title, registration card, or registration decal or outboard motor certificate of title knowing it has been altered, forged, or falsified. (2) It is a class C misdemeanor for a person to use or permit the use or display of a registration decal or registration card on a motorboat or sailboat or in the operation of a motorboat or sailboat other than the motorboat or sailboat for which the registration decal or registration card is issued.
Utah Code § 73-10-32.5 — Utah Code / Title 73 / Chapter 73-10 / § 73-10-32.5
§ 73-10-32.5. Culinary water pricing structure.
Status: in_force

(1) As used in this section: (a) "Public water system" means the same as that term is defined in Section 19-4-102. (b) "Retail water supplier" means the same as that term is defined in Section 19-4-102. (c) (i) "Water conservation effort" means a program that is designed to incentivize, encourage, or result in reduced water usage or more efficient use of water. (ii) "Water conservation effort" includes the costs associated with designing, implementing, and operating a program described in Subsection (1)(c)(i). (d) "Wholesale water supplier" means the same as that term is defined in Section 19-4-102. (2) A retail water supplier shall: (a) consider water conservation, including at least one water conservation effort, in setting water rates with the goal of encouraging efficient water use and eliminating wasteful or excessive water use; (b) establish a culinary water rate structure that: (i) incorporates increasing block units of water used; (ii) provides for an increase in the rate charged for additional block units of water used as usage increases from one block unit to the next; (iii) by July 1, 2027, includes one or more water conservation efforts as an element in determining the rate charged for at least the highest usage block unit of water for a customer classification that primarily serves residential customers; and (iv) is based on a generally accepted rate setting method, including a standard or method established by the American Water Works Association; (c) provide in customer billing notices, or in a notice that is distributed to customers at least annually, block unit rates and the customer's billing cycle; (d) include individual customer water usage in customer billing notices; and (e) consider urban farming that improves food security, reduces pollution, and creates green spaces in setting rates. (3) This section does not prohibit: (a) a public water system with 500 or fewer service connections from taking an action or adopting a culinary water rate structure described in Subsection (2); or (b) a retail water supplier from including water conservation and a water conservation effort as an element in setting rates for customer classifications that do not primarily serve residential customers. (4) A public water system: (a) is not required to establish or show that the portion of the rate designed to encourage water conservation, and fund a water conservation effort, within the highest usage block unit of water for a customer classification: (i) is based on the public water system's actual cost of service; (ii) has a reasonable basis when compared to rates the public water system charges: (A) for other block units of water within a customer classification; or (B) for block units of water in other customer classifications; or (iii) is limited to a reasonable profit or return on investment; (b) may include in a customer billing a fee, surcharge, penalty, or other charge that is collected pursuant to an agreement between the public water system and the wholesale water supplier from whom the public water system purchases water; and (c) if the public water system is a for-profit entity, may not use revenue from the highest usage block unit of water designed to encourage water conservation to pay profits or dividends to the public water system's investors or owners. (5) The use of revenue collected from the portion of any block unit of water designed to encourage water conservation may include funding water conservation efforts that are shared with or administered by another public water system or a wholesale water supplier. (6) The adoption and implementation of that portion of a public water system's water rate that includes water conservation as an element in determining the rate charged for the highest usage block unit of water, as provided in this section, is conclusively presumed: (a) to be reasonable; and (b) to reflect the reasonable estimated cost of delivering the service for which the fee was paid.
Utah Code § 73-21-103 — Utah Code / Title 73 / Chapter 73-21 / § 73-21-103
§ 73-21-103. Text.
Status: in_force

UTE INDIAN WATER COMPACTThe State of Utah, the Ute Indian Tribe of the Uintah and Ouray Reservation, Utah, and the United States of America, acting through their respective representatives agree to a Ute Indian Water Compact as follows:ARTICLE IPurpose of CompactThe purpose of this Compact is to remove the causes of present and future controversy over the quantification, distribution, and use of all waters claimed by or through the Ute Indian Tribe.ARTICLE IILegal Basis for CompactThis Compact is made in accordance with the Constitution and Laws of the United States, the State of Utah, and the Ute Indian Tribe.ARTICLE IIIWaterThere is hereby apportioned, confirmed, and recognized from the waters apportioned to the State of Utah from the Colorado River System to the United States of America in perpetuity, in trust, as Winters Doctrine water rights for the Ute Indian Tribe and others, the depletion of water in the amount of 248,943 acre-feet per annum, and the related gross diversion requirement of 470,594 acre-feet per annum, from all sources in accordance with and as more fully set out in the "Tabulation of Ute Indian Water Rights" attached hereto and on file with the Utah State Engineer. The priority date of October 3, 1861, is recognized for land groups 1 through 5, except for water supplied from storage in the Central Utah Project, and the priority date of January 5, 1882, is recognized for land groups 6 and 7, unless indicated otherwise in the Tabulation. Tables 1, 2, and 3 of the Tabulation list the total irrigable acreage, maximum allowable depletions and diversion requirements, respectively, for each of the land groups by stream. No water rights held in trust can be transferred from the lands listed in said groups without approval of the Secretary of the Interior.As provided in the Tabulation attached to this Compact, the Tribe shall take from the Green River in lieu of other sources the 57,948 acre-foot depletion of water allocable to the Tribe's group 5 lands. The parties further agree to share the net income from any sale or lease of such Green River water to third parties. The net income will be 80% to the Ute Indian Tribe and 20% to the State of Utah. The payment to the State of Utah will be made promptly upon the receipt by the Ute Indian Tribe of its payment of net income, and will be deposited in the Utah Division of Water Resources' Conservation & Development Fund. Any dispute relating to the calculation of such amounts will be subject to binding arbitration with no right of judicial review. The priority of such water rights for group 5 lands shall be October 3, 1861.In addition to the water allocated under the previous paragraphs, there is hereby apportioned, confirmed, and recognized to the United States of America in perpetuity, in trust, for the Ute Indian Tribe the depletion of 10,000 acre-feet of water annually having a priority date of October 3, 1861, for municipal and industrial purposes, which shall be diverted from the Green River. To the extent that the Tribe or its members use water other than for irrigation purposes, the quantity so used shall be included within said 10,000 acre-feet unless a transfer of water from the land listed in the Tabulation is properly made.No water allocated pursuant to this Compact shall be subject to loss or forfeiture under the laws of the State of Utah or otherwise. Further, the water allocated herein shall not be restricted to any particular use, but may be used for any purpose selected by the Tribe in accordance with the procedures provided for in this Compact.The quantities of water apportioned hereby include all water rights of every nature and description derived from the reserved water rights doctrine, from all sources of water, both surface and underground, and includes all types and kinds of uses, whether municipal, industrial, recreational, in-stream uses, sale, exchange, lease, or any other use whatsoever, and encompasses all claims asserted by or through the Ute Indian Tribe, and all persons and entities other than the Tribe whose claims or rights are derived, directly or indirectly, from the reserved water rights of the Tribe. Thus, any water rights adjudicated or otherwise established in the future on behalf of any person or entity and based upon a claim, directly or indirectly, through any reserved water rights of the Tribe shall be included within and as a part of the water quantified by this Compact. Any state water rights acquired by the Tribe for land to which a reserved right is recognized herein shall be forfeited.Included within the practicably irrigable acreages are (1) tribal lands and individual Indian allotments; (2) Uintah Indian Irrigation Project lands, which include tribal lands, allotments, and some private lands which were originally allotted lands, and (3) some few lands distributed to former tribal members terminated in accordance with the Ute Partition Act, approved August 27, 1954 (P.L. 83-671, 68 Stat. 868, 25 U.S.C. Sections 667-667aa). Nothing in this Compact shall enlarge or diminish the scope of or otherwise affect either the United States' trust responsibility, if any, or the Ute Indian Tribe's responsibility, if any, to those persons who have been designated as mixed-bloods under the Act of August 27, 1954 (68 Stat. 868). The total acreage under irrigation or susceptible to sustained production of agricultural crops by means of irrigation is recognized as 129,201 acres, reduced by 7% to 120,157 acres to reflect roads, yards, fences, rights-of-way, and other non-productive lands. All lands in the Uintah Indian Irrigation Project are designated assessable or non-assessable. The Secretary of the Interior is authorized to change the designation from one to the other.Nothing contained herein shall be construed to preclude the United States as Trustee for the Ute Indian Tribe, the Ute Indian Tribe, or any of its members from filing application with the Utah State Engineer for the appropriation of additional water under the laws of the State of Utah.The diversion and depletion requirements for the water rights apportioned under this Compact are set forth in Tables 1, 2, and 3 of the Tabulation, consisting of acreage, diversion, and depletion schedules. These requirements shall be utilized in evaluating any application undertaken pursuant to Section 73-3-3, Utah Code Annotated. The delivery schedules set forth in Tables 4, 5, 6, and 7 of the Tabulation shall determine the distribution of the water allocated hereunder. The Utah State Engineer, in a manner consistent with the agreements and covenants contained herein, shall have general administrative supervision of all surface and ground waters apportioned to the United States in trust for the Ute Indian Tribe and others, including measurement, apportionment, and distribution thereof, to the points of diversion from the main sources. The United States and the Tribe shall have general administrative supervision of all water apportioned to the United States, including measurement, apportionment, and distribution thereof, within the canal distribution systems from the various points of river diversion.The United States on behalf of the Tribe, or the Tribe shall comply with the provisions of Section 73-3-3, Utah Code Annoted 1953, with regard to any change in the point of diversion, place, or nature of use; except that neither the United States nor the Tribe need make application to the State Engineer for change of place of use when the new place of use is within the same canal system.Pursuant to the congressional legislation required to ratify this Compact under Article V hereof, and solely as a compromise for the purposes of this Compact, the parties agree that the Tribe may, under the terms of this Compact, voluntarily elect to sell, exchange, lease, use, or otherwise dispose of the reserved water rights secured to the Tribe by this Compact, outside the boundaries of its reservation.If the Tribe so elects to move any of its rights, or a portion thereof, off the reservation, as a condition precedent to such sale, exchange, lease, use or other disposition, that portion of the Tribe's water right shall be changed to a Utah State water right, but shall be such a State water right only during the use of that right off the reservation. Such right, during the period of use off the reservation, shall be fully subject to State laws, federal laws, interstate compact, and international treaties applicable to the Colorado River and its tributaries, including but not limited to the appropriation, use, development, storage, regulation, allocation, conservation, exportation, or quality of such waters.None of the waters secured to the Ute Indian Tribe in this Compact may be sold, exchanged, leased, used, or otherwise disposed of into or in the Lower Colorado River Basin, below Lees Ferry, unless water rights within the Upper Colorado River Basin in the State of Utah held by non-federal, non-Indian users could be so sold, exchanged, leased, used, or otherwise disposed of under Utah State law, federal law, interstate compacts, or international treaties pursuant to a final, non-appealable order of a federal court or pursuant to an agreement of the seven States signatory to the Colorado River Compact. Provided, however, that in no event shall such transfer of Indian water rights take place without the filing and approval of the appropriate applications with the Utah State Engineer pursuant to State law.Nothing in this Compact shall: (1) constitute specific authority for the sale, exchange, lease, use or other disposition of any federal reserved water right off the reservation; (2) constitute specific authority for the sale, exchange, lease, use, or other disposition of any tribal water right outside the State of Utah; (3) be deemed or construed a congressional determination that any holders of water rights do or do not have authority under existing law to sell, exchange, lease, use, or otherwise dispose of such water or water rights outside the State of Utah; or, (4) be deemed or construed to establish, address, or prejudice whether, or the extent to which, or to prevent any party from litigating whether, or the extent to which, any of the aforementioned laws do or do not permit, govern or apply to the use of the Tribe's water outside the State of Utah.This Article is not intended to relieve the responsibility of the parties involved in the Midview Exchange Agreement.ARTICLE IVEnforcementFor purposes of compelling compliance with the terms of this Compact, each party waives the defense of sovereign immunity as to actions brought by any other party, including any defense under the Eleventh Amendment to the United States Constitution. The United States District Court for the District of Utah is hereby granted jurisdiction to adjudicate any claim made by a party to this Compact that any other party, or its officials, are acting to impair or violate any right or privilege in this Compact. The federal court jurisdiction provided for herein shall not be diminished by reason of a related state court proceeding. While the parties agree that the primary responsibility for protecting and preserving the Ute Tribe's reserved water rights rests with the United States and the Tribe, the State of Utah, through the State Engineer, shall use its best efforts to see that the reserved water rights of the Ute Tribe secured in this Compact are protected from impairment; provided, however, that nothing herein shall subject the State of Utah or its officers or employees to a claim for monetary damages in its efforts to so protect tribal water rights.ARTICLE VRatification and AmendmentEach party acknowledges that in order for this Compact to constitute a final and permanent settlement of tribal reserved water rights, this Compact must be approved or ratified by the United States Congress, the Legislature of the State of Utah, and the Ute Indian Tribe through referendum of the Tribe's membership. The parties shall use their best efforts to have the approvals or ratifications undertaken as expeditiously as possible. The parties hereto agree that the terms of this Compact have the force and effect of law and agree to adopt all statutes, regulations and ordinances that are, or may be, necessary to harmonize existing statutes, regulations and ordinances with this Compact, and agree that this Compact may be included within any general stream adjudication. The Secretary of the Interior is authorized to take all actions necessary to implement this Compact.This Compact is the result of a voluntary compromise agreement between the Ute Indian Tribe, the State of Utah, and the United States of America. Accordingly, no provision of this Compact or its adoption as part of any pending general stream adjudication shall be construed as altering or affecting the determination of any issues relating to the claimed reserved water rights which may belong to other Indian tribes.DATED:_________________________UTE INDIAN TRIBEBy _________________________________STATE OF UTAHBy _________________________________UNITED STATES OF AMERICABy __________________________________
Utah Code § 73-16-1 — Utah Code / Title 73 / Chapter 73-16 / § 73-16-1
§ 73-16-1. Ratification.
Status: in_force

The Bear River Compact entered into at Salt Lake City, Utah, on February 4, 1955, by Idaho, Utah and Wyoming, by the representatives of those states, with the approval of the representative of the United States of America, is hereby unconditionally ratified, approved and confirmed for and by the state of Utah.
Utah Code § 73-10-21 — Utah Code / Title 73 / Chapter 73-10 / § 73-10-21
§ 73-10-21. Loans for water systems -- Eligible projects.
Status: in_force

This chapter shall apply to all eligible projects of incorporated cities and towns, special districts under Title 17B, Limited Purpose Local Government Entities - Special Districts, assessment areas under Title 11, Chapter 42, Assessment Area Act, and special service districts under Title 17D, Chapter 1, Special Service District Act. Eligible projects are those for the acquisition, improvement, or construction of water systems used for the production, supply, transmission, storage, distribution, or treatment of water for cities, towns, metropolitan water districts, water conservancy districts, improvement districts, special improvement districts, or special service districts, or the improvement or extension of such systems.
Utah Code § 73-3d-201 — Utah Code / Title 73 / Chapter 73-3d / § 73-3d-201
§ 73-3d-201. Declaration of a temporary water shortage emergency by the governor.
Status: in_force

(1) (a) Subject to the requirements of this section, the governor may declare a temporary water shortage emergency by issuing an executive order if, on the governor's own initiative or at the request of a person entitled to make a request, the governor determines that an existing or imminent short-term interruption of water delivery in this state caused by manmade or natural causes other than drought: (i) threatens: (A) the availability or quality of an essential water supply or water supply infrastructure; or (B) the operation of the economy; and (ii) because of the threats described in Subsection (1)(a)(i), jeopardizes the peace, health, safety, or welfare of the people of this state. (b) The governor may only issue the executive order declaring a temporary water shortage emergency described in Subsection (1)(a): (i) with the advice and recommendation of the state engineer; and (ii) in consultation with the emergency management administration council created by Section 53-2a-105. (c) An executive order issued under this Subsection (1) shall state with specificity: (i) the nature of the interruption of water supply; (ii) subject to Subsection (2), the time period for which the temporary water shortage emergency is declared; (iii) a description of the geographic area that is subject to the executive order; (iv) a list of the specific persons entitled to make a request who may exercise the preferential use of water under Section 73-3d-301 during the effective period of the temporary water shortage emergency; and (v) the purposes outlined in Subsection 73-3d-301(1) for which a person who is described in Subsection (1)(c)(iv) may take the water subject to Section 73-3d-301. (d) Subject to the provisions of Title 13, Chapter 41, Price Controls During Emergencies Act, an executive order issued under this Subsection (1) may not control the distribution or sale price of local food. (e) Before providing a recommendation to the governor under Subsection (1)(b)(i), the state engineer shall require a person entitled to make a request who is described in Subsection (1)(c)(iv) to provide a written statement describing how the person entitled to make a request has exhausted other reasonable means to acquire water. (f) A person entitled to make a request who is described in Subsection (1)(c)(iv) may take water preferentially during a temporary water shortage emergency only for a purpose authorized by the executive order. (g) (i) Within seven calendar days of the day on which the governor issues an executive order declaring a temporary water shortage emergency, the Legislative Management Committee shall: (A) review the executive order; (B) advise the governor on the declaration of a temporary water shortage emergency; and (C) recommend to the Legislature whether the executive order should be kept as issued by the governor, extended, or terminated. (ii) The failure of the Legislative Management Committee to meet as required by Subsection (1)(g)(i) does not affect the validity of the executive order declaring a temporary water shortage emergency. (2) (a) The governor shall state in an executive order declaring a temporary water shortage emergency the time period for which the temporary water shortage emergency is declared, except that the governor may not declare a temporary water shortage emergency for longer than 30 days after the date the executive order is issued. (b) The governor may terminate an executive order declaring a temporary water shortage emergency before the expiration of the time period stated in the executive order. (c) An executive order declaring a temporary water emergency issued by the governor within 30 days of the expiration or termination of a prior executive order for the same emergency is considered an extension subject to Subsection (2)(e). (d) The Legislature may extend the time period of an executive order declaring a temporary water shortage emergency by joint resolution, except that the Legislature may not extend a temporary water shortage emergency for longer than one year from the day on which the executive order declaring a temporary water shortage emergency is issued. (e) An executive order declaring a temporary water shortage emergency may be renewed or extended only by joint resolution of the Legislature.
Utah Code § 73-35-101 — Utah Code / Title 73 / Chapter 73-35 / § 73-35-101
§ 73-35-101. Definitions.
Status: in_force

7/1/2026As used in this chapter: (1) "Authority" means the Colorado River Authority of Utah created by Section 73-35-201. (2) "Authority member" means a person appointed as a member of the authority under Section 73-35-202 or designated as a member of the authority. (3) "Chair" means the chair of the authority. (4) "Colorado River Basin States" means Arizona, California, Colorado, Nevada, New Mexico, Utah, and Wyoming. (5) "Colorado River authority area" means the geographic area designated by Subsection 73-35-202(2). (6) "Colorado River system" means the entire drainage of the Colorado River in Utah including both the main stem of the Colorado River and the Colorado River's tributaries. (7) "Department" means the Department of Natural Resources. (8) "Law of the river" means the compacts, federal laws, treaties, court decisions and decrees, contracts, and regulatory guidelines that underlie and authorize the management and operation of the Colorado River. (9) "River commissioner" means the person appointed under Section 73-35-301.
Utah Code § 73-12a-1 — Utah Code / Title 73 / Chapter 73-12a / § 73-12a-1
§ 73-12a-1. Ratification.
Status: in_force

That certain compact and treaty approved by a representative of the United States of America and negotiated and entered into by representatives of the states of Utah, Wyoming, Colorado, New Mexico, Arizona, Nevada and California, sitting as the Colorado River Commission, which compact and treaty apportions the waters of the Colorado river, and which commission was created in conformity with Laws of Utah 1921, Chapter 68, and similar acts of the legislatures of the several respective states named and of the Congress of the United States, is hereby approved, confirmed, and ratified for and by the state of Utah.
Utah Code § 73-26-502 — Utah Code / Title 73 / Chapter 73-26 / § 73-26-502
§ 73-26-502. Analysis of benefits and costs -- Allocation of costs.
Status: in_force

The division shall: (1) identify the uses and calculate the economic benefits and costs of the developed water; and (2) allocate project costs according to the following purposes: (a) municipal and industrial; (b) agricultural; (c) hydropower; (d) recreation; (e) fish and wildlife; and (f) flood control.
Utah Code § 73-22-4 — Utah Code / Title 73 / Chapter 73-22 / § 73-22-4
§ 73-22-4. Ownership of geothermal resource -- Water right -- Lands subject to chapter.
Status: in_force

(1) Ownership of a geothermal resource derives from an interest in the surface of land. (2) A person that owns the surface of the land also owns title to the geothermal resources, notwithstanding the severance or conveyance of the mineral estate, unless the person that owns the surface of the land expressly conveys or reserves a geothermal resource by a recorded deed or other instrument conveying title. (3) (a) Subsections (1) and (2) do not apply to school and institutional trust lands as defined in Section 53C-1-103. (b) Section 53C-2-401 governs the reservation of a geothermal resource in school and institutional trust lands. (c) For school and institutional trust mineral estate owned as of May 6, 2026, the state owns title to the geothermal resource unless title to the geothermal resource has been expressly conveyed by deed to another party by the state in accordance with Section 53C-2-401. (4) Subject to Section 73-22-8, a person may not use a geothermal fluid without a water right. (5) This chapter shall apply to lands in the state, including federal and Indian lands to the extent allowed by law. When federal or Indian lands are committed to a unit agreement involving lands subject to federal or Indian jurisdiction, the division may, with respect to the unit agreement, consider this chapter complied with if the unit operations are regulated by the United States and the division finds that conservation of geothermal resources and prevention of waste are accomplished under the unit agreement.
Utah Code § 73-28-203 — Utah Code / Title 73 / Chapter 73-28 / § 73-28-203
§ 73-28-203. Development of hydroelectric generating works -- Electricity offered to public utilities or municipalities.
Status: in_force

(1) The board may construct and own hydroelectric generating works and incidental electrical facilities in association with the project. (2) (a) Except for electricity needed for project operations, the board shall first offer to sell electricity derived from any hydroelectric generating works owned by it to public utilities or municipalities providing electricity to consumers in Utah. (b) The board, in consultation with the committee and in accordance with Section 73-28-403, shall establish the prices at which the electricity is sold. (3) In accordance with Section 51-4-1, the board shall deposit: (a) revenues received from the sale of electricity designated for the repayment of preconstruction and construction costs and interest into the Water Resources Conservation and Development Fund; (b) revenues received from the sale of electricity designated for project operation, maintenance, repair, and replacement costs into the Lake Powell Pipeline Project Operation and Maintenance Fund; and (c) any additional revenues received from the sale of electricity into the Water Resources Conservation and Development Fund.
Utah Code § 73-3a-108 — Utah Code / Title 73 / Chapter 73-3a / § 73-3a-108
§ 73-3a-108. Approval of applications -- Criteria.
Status: in_force

(1) The state engineer shall: (a) undertake an investigation of any application made under this chapter; and (b) approve the application, if the state engineer finds that: (i) the proposed appropriation or change: (A) satisfies Section 73-3-3, 73-3-5.5, or 73-3-8, whichever is applicable; (B) is consistent with Utah's reasonable water conservation policies or objectives; (C) is not contrary to the public welfare; and (D) does not impair the ability of the state of Utah to comply with its obligation under any interstate compact or judicial decree which apportions water among Utah and other states; and (ii) the water can be transported, measured, delivered, and beneficially used in the recipient state. (2) In reviewing the criteria of Subsections (1)(b)(i)(B) and (1)(b)(i)(C), the state engineer shall consider the following factors: (a) the supply and quality of water available to the state of Utah; (b) the current and reasonably anticipated water demands of the state of Utah; (c) whether there are current or reasonably anticipated water shortages within Utah; (d) whether the water that is the subject of the application could feasibly be used to alleviate current or reasonably anticipated water shortages within Utah; (e) the alternative supply and sources of water available to the applicant in the state where the applicant intends to use the water; and (f) the demands placed on the applicant's alternate water supply in the state where the applicant intends to use the water. (3) If any application fails to meet any criteria of Subsection (1), it shall be rejected. (4) The state engineer may condition any approval to ensure that the use of the water in another state: (a) is subject to the same laws, rules, and controls that may be imposed upon water use within the state of Utah; or (b) is consistent with the terms and conditions of any applicable interstate compact to which the state of Utah is a party.
Utah Code § 73-27-102 — Utah Code / Title 73 / Chapter 73-27 / § 73-27-102
§ 73-27-102. Legislative Water Development Commission created.
Status: in_force

(1) (a) The Legislative Water Development Commission is created to determine the state's role in the protection, conservation, and development of the state's water resources. (b) For purposes of this chapter, "commission" means the Legislative Water Development Commission. (2) (a) The commission membership shall include: (i) a minimum of two members of the Senate, appointed by the president of the Senate, with at least one member from the minority political party; (ii) a minimum of two members of the House of Representatives, appointed by the speaker of the House of Representatives, with at least one member from the minority political party; and (iii) subject to Subsections (2)(b) and (c), nonvoting members, appointed by the Legislative Management Committee, from a list recommended by the cochairs of the commission described in Subsection (5). (b) If the Legislative Management Committee chooses to not appoint an individual on the list described in Subsection (2)(a)(iii), the Legislative Management Committee may ask the cochairs of the commission to submit an additional list of recommendations. (c) The Legislative Management Committee may not appoint an individual who is not recommended by the cochairs of the commission. (3) (a) The members appointed by the Legislative Management Committee under Subsection (2)(a)(iii) shall be appointed or reappointed to a two-year term. (b) When a vacancy occurs in the membership for any reason, the Legislative Management Committee, in consultation with the cochairs of the commission, shall appoint a replacement for the unexpired term. (4) The president of the Senate and the speaker of the House of Representatives shall, to the extent possible, appoint members under Subsections (2)(a)(i) and (ii) that represent both rural and urban areas of the state. (5) (a) The president of the Senate shall designate a member of the Senate appointed under Subsection (2)(a)(i) as a cochair of the commission. (b) The speaker of the House of Representatives shall designate a member of the House of Representatives appointed under Subsection (2)(a)(ii) as a cochair of the commission. (6) What constitutes a quorum of the commission is determined in accordance with Legislative Joint Rules, Title 7, Chapter 1, Part 2, Creation and Organization of Legislative Committees, except nonvoting members of the commission described in Subsection (2)(a)(iii) may not be considered for purposes of determining a quorum. (7) (a) Compensation and expenses of a member of the commission who is a legislator are governed by Section 36-2-2 and Legislative Joint Rules, Title 5, Legislative Compensation and Expenses. (b) Commission members who are employees of the state shall receive no additional compensation. (c) Other commission members shall receive no compensation or expenses for their service on the commission. (8) The Office of Legislative Research and General Counsel shall provide staff support to the commission.
Utah Code § 73-1-22 — Utah Code / Title 73 / Chapter 73-1 / § 73-1-22
§ 73-1-22. Litigation expenses.
Status: in_force

The Department of Natural Resources may fund general litigation expenses and other costs incurred by the state related to litigation concerning the state's interests in water, including interests related to conservation, the right to use water, and the development of water resources.
Utah Code § 73-35-201 — Utah Code / Title 73 / Chapter 73-35 / § 73-35-201
§ 73-35-201. Authority created.
Status: in_force

7/1/2026There is created within the department the Colorado River Authority of Utah.
Utah Code § 73-18a-2 — Utah Code / Title 73 / Chapter 73-18a / § 73-18a-2
§ 73-18a-2. Littering and pollution of water or lands prohibited -- Penalty.
Status: in_force

(1) A person may not place, throw, deposit, discard, drop, or discharge and the operator of a vessel may not permit to be placed, thrown, deposited, discarded, dropped, or discharged into or upon the waters of this state, or lands adjacent to these waters any litter, human body waste, or other liquid or solid materials which may render the water or lands unsightly, noxious, or otherwise unwholesome or detrimental to the public health or welfare or the enjoyment of the water or lands for all legitimate uses, including recreational purposes. (2) A person violating any provision of Subsection (1) is guilty of a class B misdemeanor and shall be fined not less than $100 for each violation.
Utah Code § 73-18-15.3 — Utah Code / Title 73 / Chapter 73-18 / § 73-18-15.3
§ 73-18-15.3. Personal watercraft -- Prohibition on operation between sunset and sunrise.
Status: in_force

(1) A person may not operate a personal watercraft on the waters of this state between sunset and sunrise. (2) A violation of this section is an infraction.
Utah Code § 73-18-13.6 — Utah Code / Title 73 / Chapter 73-18 / § 73-18-13.6
§ 73-18-13.6. Grounds for confiscation of registration materials by state -- Registration renewal.
Status: in_force

(1) (a) The division, any peace officer acting in an official capacity, or a person authorized under Subsection (2) may take possession of any registration card or decal issued by the state: (i) upon revocation of it; (ii) that is fictitious; (iii) that has been unlawfully or erroneously issued; or (iv) that is unlawfully or erroneously displayed. (b) A receipt shall be issued that describes each confiscated item. (2) The division may enter into contractual agreements with constables or other law enforcement agencies to facilitate confiscation of items listed in Subsection (1) if a person fails or refuses to surrender any of those documents to the division upon demand. (3) The division shall renew a registration that has been revoked under this section in accordance with the provisions of Section 73-18-7.
Utah Code § 73-3-7 — Utah Code / Title 73 / Chapter 73-3 / § 73-3-7
§ 73-3-7. Protests.
Status: in_force

(1) Subject to Subsection (2), a person interested may file a protest with the state engineer: (a) within 20 days after the notice is published, if the adjudicative proceeding is informal; and (b) within 30 days after the notice is published, if the adjudicative proceeding is formal. (2) The state engineer shall: (a) consider a protest only to the extent the protest addresses a basis for which the state engineer may approve or reject the application; and (b) approve or reject the application.
Utah Code § 73-10-34.5 — Utah Code / Title 73 / Chapter 73-10 / § 73-10-34.5
§ 73-10-34.5. Grant money for existing secondary water metering to facilitate full metering -- Other grants.
Status: in_force

(1) As used in this section: (a) "Applicant" means a secondary water supplier or group of secondary water suppliers that applies for a grant under this section. (b) "Board" means the Board of Water Resources. (c) "Division" means the Division of Water Resources. (d) "Project" means the purchase or installation of a meter for a secondary water system that as of May 4, 2022, provides secondary water service that is not metered. (e) "Secondary water" means the same as that term is defined in Section 73-10-34. (f) "Secondary water connection" means the same as that term is defined in Section 73-10-34. (g) "Secondary water supplier" means the same as that term is defined in Section 73-10-34. (2) (a) The board may issue grants in an amount appropriated by the Legislature in accordance with this section to an applicant to fund projects for meters on secondary water systems that before May 4, 2022, provide secondary water service that is not metered. (b) The board may not issue a grant under this section to fund: (i) metering of secondary water for service that begins on or after May 4, 2022; or (ii) the replacement or repair of an existing secondary water meter. (c) Notwithstanding the other provisions of this section, the board may issue a grant under this section to a secondary water supplier to reimburse the secondary water supplier for the costs incurred by the secondary water supplier that are associated with installing meters on a secondary water system on or after March 3, 2021, but before May 4, 2022, except that the grant issued under this Subsection (2)(c): (i) shall be included in calculating the total grant amount under Subsections (3)(a) through (c); (ii) may not exceed 70% of the costs associated with a project described in this Subsection (2)(c), including installation and purchase of meters; and (iii) shall comply with Subsection (6). (3) (a) A secondary water supplier with 7,000 secondary water connections or less is eligible for a total grant amount under this section of up to $10,000,000. (b) A secondary water supplier with more than 7,000 secondary water connections is eligible for a total grant amount under this section of up to $20,000,000. (c) If a secondary water supplier applies for a grant as part of a group of secondary water suppliers, the total grant amount described in Subsection (3)(a) or (b) applies to each member of the group and is not based on the number of secondary water connections of the entire group. (d) (i) Subject to the other provisions of this section, a grant may not exceed the following amounts for the costs associated with a project, including installation and purchase of meters: (A) for calendar year 2022, 70% of the costs of a project; (B) for calendar year 2023, 70% of the costs of a project; (C) for calendar year 2024, 65% of the costs of a project; (D) for calendar year 2025, 60% of the costs of a project; and (E) for calendar year 2026, 50% of the costs of a project. (ii) Beginning with calendar year 2027, a grant under this section shall consist of providing a meter or funding to obtain a meter, which may not exceed the following for costs associated with the project: (A) for calendar year 2027, 40% of the costs of a project; (B) for calendar year 2028, 30% of the costs of a project; (C) for calendar year 2029, 20% of the costs of a project; and (D) for calendar year 2030, 10% of the costs of a project. (e) A secondary water supplier may pay the secondary water supplier's portion of the costs of a project through a loan from the board under Section 73-10-34 by filing a separate application with the board. (f) A meter purchased with grant money received under this section shall allow for data communication between the meter and other devices designed to manage use of secondary water that is: (i) open and available to an end user; and (ii) open so that it can integrate with third-party providers. (4) (a) (i) To obtain a grant under this section, an applicant shall submit an application with the division during a period of time designated by the board. (ii) If there remains money described in Subsection (2) after the grants for applications submitted during the time period described in this Subsection (4)(a) are awarded, the board may designate one or more additional time periods so that the entire amount described in Subsection (2) is awarded by December 31, 2024. (b) An application submitted to the division shall include: (i) a detailed project cost estimate including meter costs and installation costs; (ii) a total number of pressurized secondary water connections in the applicable secondary water supplier's system; (iii) the number of meters to be installed under the grant; (iv) a detailed estimated secondary water use reduction including: (A) average lot size calculations; (B) average irrigated acreage; and (C) estimated water applied before the project versus after completion of the project; (v) the timeline for purchase and installation of meters under the project; (vi) an agreement to: (A) provide an educational component for end users as determined by the division by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, either on a monthly statement or by a customer specific Internet portal that provides information on the customer's usage more frequently than monthly; or (B) bill according to usage using a tiered conservation rate and provide an educational component described in Subsection (4)(b)(vi)(A); and (vii) additional information the board considers helpful. (5) (a) The division shall: (i) review and prioritize an application submitted under Subsection (4); and (ii) recommend to the board which applicants should be awarded a grant under this section. (b) In prioritizing applications under this Subsection (5), the division shall rank the applicants on the basis of the following weighted factors: (i) 60% weight based on the ratio of estimated water use reduction divided by total state investment; (ii) 20% weight based on an applicant facing current or potential water shortages when installation of meters and subsequent water use reductions will result in delaying or eliminating the need for new water development; and (iii) 20% weight based on a project's accelerated construction schedule, prompt start, and prompt finish. (6) As a condition of receiving a grant under this section, the recipient shall enter into an agreement with the board to use the grant money. The agreement shall: (a) be executed by no later than December 31, 2024; and (b) require that the grant money be spent by December 31, 2026, and the project completed under the terms of the grant. (7) Notwithstanding the other provisions of this section, the board may issue a grant to a secondary water supplier: (a) that installed meters on secondary water connections before May 4, 2022; (b) that has not otherwise received a grant under this section; (c) for the purpose of water conservation; and (d) in an amount not to exceed $2,000,000. (8) Notwithstanding the other provisions of this section, the board may issue a grant to or convert a grant previously issued to a secondary water supplier described in Subsection 73-10-34(13)(a) who seeks to meter at strategic points under Subsection 73-10-34(13), from money appropriated under this section to fund a project that is an alternative to metering, such as lining ditches or improving head gates, if the secondary water supplier establishes to the satisfaction of the board that the alternative project will conserve more water than is expected to be conserved through metering. (9) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, and consistent with this section, the board may make rules establishing the procedure for applying for a grant under this section.
Utah Code § 73-3a-103 — Utah Code / Title 73 / Chapter 73-3a / § 73-3a-103
§ 73-3a-103. Water exports governed by this chapter.
Status: in_force

This chapter governs application procedures and criteria for the approval of applications for: (1) the appropriation of water from sources within the state of Utah for use outside the state; and (2) permanent or temporary changes of point of diversion, place of use, or purpose of use of water that is: (a) appropriated from sources within the state of Utah; and (b) used, or proposed to be used, outside the state.
Utah Code § 73-3-8 — Utah Code / Title 73 / Chapter 73-3 / § 73-3-8
§ 73-3-8. Approval or rejection of application -- Requirements for approval -- Application for specified period of time -- Filing of royalty contract for removal of salt or minerals -- Request for agency action.
Status: in_force

(1) (a) The state engineer shall approve an application if there is reason to believe that: (i) for an application to appropriate, there is unappropriated water in the proposed source; (ii) the proposed use will not impair existing rights; (iii) the proposed plan: (A) is physically and economically feasible, unless the application is filed by the United States Bureau of Reclamation; and (B) would not prove detrimental to the public welfare; (iv) the applicant has the financial ability to complete the proposed works; (v) the application was filed in good faith and not for purposes of speculation or monopoly; and (vi) if applicable, the application complies with a groundwater management plan adopted under Section 73-5-15. (b) If an application does not meet the requirements of this section, the state engineer shall reject the application. (2) (a) The state engineer may approve an application to appropriate water for industrial, power, mining development, manufacturing purposes, agriculture, or municipal purposes for a specific and certain period from the time the water is placed to beneficial use under the application, but in no event may the state engineer grant an application for a period of time less than that ordinarily needed to satisfy the essential and primary purpose of the application or until the water is no longer available as determined by the state engineer. (b) At the expiration of the period fixed by the state engineer the water shall revert to the public and is subject to appropriation as provided by this title. (c) No later than 60 calendar days before the expiration date of the fixed time period, the state engineer shall send notice by mail or by any form of electronic communication through which receipt is verifiable, to the applicant of record. (d) Except as provided by Subsection (2)(e), the state engineer may extend a limited water right upon a showing that: (i) the essential purpose of the original application has not been satisfied; (ii) the need for an extension is not the result of any default or neglect by the applicant; and (iii) the water is still available. (e) An extension under Subsection (2)(d) may not exceed the time necessary to satisfy the primary purpose of the original application. (f) An applicant shall file a request for extension of a fixed time period in writing in the office of the state engineer on or before the expiration date of the application. (3) (a) Before the approval of an application to divert water from a navigable lake or stream of the state that contemplates the recovery of salts and other minerals or elements, as defined in Section 65A-17-101, from the navigable lake or stream by precipitation or otherwise, the applicant shall file with the state engineer a copy of: (i) a contract for the payment of royalties to the state; and (ii) any mineral lease. (b) Upon written notice to the state engineer of termination or noncompliance of a royalty contract or mineral lease described in Subsection (3)(a), the state engineer shall: (i) reverse the approval of an application; or (ii) indicate on the water right in the records of the state engineer the default if the written notice states that the royalty contract or mineral lease has a reversionary provision related to the water right. (4) (a) The state engineer shall investigate a temporary change application. (b) The state engineer is not required to publish notice of a temporary change application under Section 73-3-6. (c) The state engineer shall: (i) approve the temporary change if the state engineer finds there is reason to believe that the temporary change does not impair an existing right; and (ii) reject the temporary change if the state engineer finds there is reason to believe the temporary change would impair an existing right. (d) If the state engineer rejects a temporary change application, the applicant may file a permanent or fixed time change application. (5) (a) With respect to a change application for a permanent or fixed time change: (i) the state engineer shall follow the same procedures provided in this title for approving an application to appropriate water; and (ii) the rights and duties of a change applicant are the same as the rights and duties of a person who applies to appropriate water under this title. (b) The state engineer may waive notice for a permanent or fixed time change application if the application only involves a change in point of diversion of 660 feet or less. (c) The state engineer may condition approval of a change application, including to: (i) prevent an enlargement of the quantity of water depleted by the nature of the proposed use when compared with the nature of the currently approved use of water proposed to be changed; and (ii) ensure that the recognition and subsequent use of saved water, as defined in Section 73-3-3: (A) is quantified, reported, and verified; (B) does not lead to an enlargement of the depletion or diversion amounts in the underlying water right that serves as the basis of the saved water, or an increase in the authorized number of irrigated acres unless depletion is accounted for and regulated in the condition; (C) is limited to the net decrease in depletion and net reduction in diversion of the underlying water right that serves as the basis of the saved water; (D) is limited to the volume of water that is sustained over time from the net decrease in depletion or net reduction in diversion of the underlying water right that serves as the basis of the saved water; (E) does not violate an existing water agreement; and (F) when based solely on a net reduction in diversion, the subsequent use is limited to nonconsumptive beneficial uses and does not increase the depletion allowed by the underlying water right that serves as the basis of the saved water or otherwise cause quantity impairment to an existing water right when the saved water is beneficially used separate from the underlying water right. (d) Except for an application proposing to quantify saved water, a condition described in Subsection (5)(c) may not include a reduction in the currently approved diversion rate of water under the water right identified in the change application solely to account for the difference in depletion under the nature of the proposed use when compared with the nature of the currently approved use. (6) (a) Except as provided in Subsection (6)(b), the state engineer shall reject a permanent or fixed time change application if the person proposing to make the change is unable to meet the burden described in Subsection 73-3-3(5). (b) If otherwise proper, the state engineer may approve a change application upon one or more of the following conditions: (i) for part of the water involved; (ii) that the applicant acquire a conflicting right; or (iii) that the applicant provide and implement a plan approved by the state engineer to mitigate impairment of an existing right. (c) (i) There is a rebuttable presumption of quantity impairment, as defined in Section 73-3-3, to the extent that, for a period of at least seven consecutive years, a portion of the right identified in a change application is not: (A) diverted from the approved point of diversion; or (B) beneficially used at the approved place of use. (ii) The rebuttable presumption described in Subsection (6)(c)(i) does not apply if the beneficial use requirement is excused by: (A) Subsection 73-1-4(2)(e); (B) an approved nonuse application under Subsection 73-1-4(2)(b); (C) Subsection 73-3-30(7); or (D) the passage of time under Subsection 73-1-4(2)(c)(i). (d) The state engineer may not consider quantity impairment based on the conditions described in Subsection (6)(c) unless the issue is raised in a: (i) timely protest that identifies which of the protestant's existing rights the protestant reasonably believes will experience quantity impairment; or (ii) written notice provided by the state engineer to the applicant within 90 days after the change application is filed. (e) The written notice described in Subsection (6)(d)(ii) shall: (i) specifically identify an existing right the state engineer reasonably believes may experience quantity impairment; and (ii) be mailed to the owner of an identified right, as shown by the state engineer's records, if the owner has not protested the change application. (f) The state engineer is not required to include all rights the state engineer believes may be impaired by the proposed change in the written notice described in Subsection (6)(d)(ii). (g) The owner of a right who receives the written notice described in Subsection (6)(d)(ii) may not become a party to the administrative proceeding if the owner has not filed a timely protest. (h) If a change applicant, the protestants, and the persons identified by the state engineer under Subsection (6)(d)(i) come to a written agreement regarding how the issue of quantity impairment shall be mitigated, the state engineer may incorporate the terms of the agreement into a change application approval. (7) (a) To determine whether a proposed plan would not prove detrimental to the public welfare under Subsection (1)(a)(iii), the state engineer may only consider: (i) the effect of the proposed plan on: (A) the beneficial use of water; or (B) the quantity, quality, or availability of water; and (ii) other factors as specifically directed by statute. (b) The state engineer may not consider or rely on detriment to the public welfare under Subsection (1)(a)(iii) as a basis for the rejection of an application if: (i) the prevention, regulation, or mitigation of the detrimental effect is reserved to, reasonably within the scope of authority of, or better suited to be addressed by another regulatory agency; or (ii) the factors supporting a finding of a detriment to the public welfare: (A) are not directly associated with the interests described in Subsection (7)(a); or (B) will have a negligible effect on the interests described in Subsection (7)(a).
Utah Code § 73-18a-4 — Utah Code / Title 73 / Chapter 73-18a / § 73-18a-4
§ 73-18a-4. Marine toilets -- Pollution control devices required -- Rules established by division.
Status: in_force

(1) Every marine toilet on a vessel used or operated upon the waters of this state shall be equipped with an approved pollution control device in operative condition. (2) The division, after notifying the commission, shall make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, as provided in this chapter, establishing criteria or standards for definition and approval of acceptable pollution control devices for vessels.
Utah Code § 73-10-1 — Utah Code / Title 73 / Chapter 73-10 / § 73-10-1
§ 73-10-1. State's policy -- Creation of revolving fund -- General construction of chapter.
Status: in_force

(1) (a) The Legislature restates the following, previously-declared policies of the state of Utah: (i) "All waters in this state, whether above or under the ground, are hereby declared to be the property of the public, subject to all existing rights to the use thereof"; (ii) "Beneficial use shall be the basis, the measure and the limit of all rights to the use of water in this state"; and (iii) to "obtain from water in the state the highest duty for domestic uses and irrigation of lands in the state within the terms of applicable interstate compacts and other law." (b) The Legislature by this chapter reiterates and reaffirms the declaration of the public policy of the state of Utah, described in Subsection (1)(a). (2) It is further declared to be the policy of this chapter and of the state of Utah, and the Legislature recognizes: (a) that by construction of projects based upon sound engineering the waters within the various counties of the state of Utah can be saved from waste and increased in efficiency of beneficial use by 25% to 100%; (b) that because of well-known conditions such as low prices and lack of market for farm products, particularly the inefficiency of water supply because of lack of late season water and consequent lack of financial strength, water users in small communities have been unable to build projects that would provide full conservation and beneficial use for the limited water supply in this semiarid land; (c) that water, as the property of the public, should be so managed by the public that it can be put to the highest use for public benefit; (d) that Congress of the United States has provided for the building of larger water conservation projects throughout the semiarid states, payment of the capital costs without interest to be made by the water users upon the basis of a fair portion of crop returns; (e) that the Congress of the United States has established in the department of interior and in the department of agriculture, various agencies having authority to develop, protect, and aid in putting to beneficial use the land and water resources of the United States and to cooperate with state agencies having similar authority; (f) that the interests of the state of Utah require that means be provided for close cooperation between all state and federal agencies to the end that the underground waters and waters of the small streams of the state, and the lands thereunder, can be made to yield abundantly and increase the income and well-being of the citizens of the state; and (g) that it appears to be sound public policy for the state of Utah to provide a revolving fund, to be increased at each legislative session, to the end that every mountain stream and every water resource within the state can be made to render the highest beneficial service, such fund to be so administered that no project will be built except upon expert engineering, financial, and geological approval.
Utah Code § 73-2-30 — Utah Code / Title 73 / Chapter 73-2 / § 73-2-30
§ 73-2-30. Per capita consumptive use.
Status: in_force

The Division of Water Rights shall comply with Section 73-5-8.5.
Utah Code § 73-26-102 — Utah Code / Title 73 / Chapter 73-26 / § 73-26-102
§ 73-26-102. Findings.
Status: in_force

(1) The Legislature finds that: (a) the Board of Water Resources has significant filings for water of the Bear River that could be developed; (b) the continued growth and prosperity of communities in the Bear River Basin and the Wasatch Front will be enhanced by the development and utilization of the Bear River, one of the last major sources of developable water in the state; and (c) Bear River water developed by the state should be apportioned in an equitable manner taking into consideration: (i) the increasing water needs of the state's growing urban population; and (ii) preservation of future supplies for areas: (A) where the water originates; or (B) that are adjacent to the water and can be conveniently supplied by it. (2) Therefore, it is the purpose of this chapter to: (a) direct the Division of Water Resources to develop the surface waters of the Bear River and its tributaries covered by filings of the board, filings acquired from the Bureau of Reclamation, or new filings, as approved by the state engineer; (b) allocate the developed waters among various regions and entities; and (c) provide protection for existing rights. (3) Nothing in this chapter shall: (a) cover groundwater; or (b) be construed to prevent any person from developing: (i) groundwater pursuant to state law; or (ii) the surface waters of the Bear River or its tributaries at any site including sites studied by the state.
Utah Code § 73-34-201 — Utah Code / Title 73 / Chapter 73-34 / § 73-34-201
§ 73-34-201. Great Salt Lake Preservation Board.
Status: in_force

(1) There is created within the Office of the Great Salt Lake Commissioner the Great Salt Lake Preservation Board that consists of the following five members: (a) one representative of agriculture appointed by the governor as a voting member to serve a four-year term; (b) the executive director of the Department of Natural Resources, or the executive director's designee, to serve as a voting member; (c) the commissioner of the Department of Agriculture and Food, or the commissioner of agriculture and food's designee, to serve as a voting member; (d) the commissioner, or the commissioner's designee, to serve as a nonvoting member; and (e) the state engineer, or the state engineer's designee, to serve as a nonvoting member. (2) The commissioner is the chair of the board. (3) When a vacancy occurs in the membership appointed under Subsection (1)(a) for any reason, the governor shall appoint a replacement for the unexpired term. (4) (a) Attendance of three voting members at a meeting constitutes a quorum for the transaction of business. (b) The vote of the majority of voting members when a quorum is present is an action of the board. (c) The board shall convene at the times and places prescribed by the chair. (5) A member may not receive compensation or benefits for the member's service, but may receive per diem and travel expenses in accordance with: (a) Section 63A-3-106; (b) Section 63A-3-107; and (c) rules made by the Division of Finance in accordance with Sections 63A-3-106 and 63A-3-107. (6) The board may: (a) expend money to lease agricultural water under the program; (b) make rules when authorized under this chapter; and (c) take action under Section 73-34-401.
Utah Code § 73-4-5 — Utah Code / Title 73 / Chapter 73-4 / § 73-4-5
§ 73-4-5. Requirements for statement of claim in general adjudication of water rights.
Status: in_force

(1) Except as provided in Subsection (2), each person claiming a right to use water of a river system or water source shall, within 90 days after the day on which notice of the time to file statements of claim as described in Section 73-4-3 is served, file with the state engineer or the district court a written or electronic statement of claim, signed, and verified under oath, by the claimant, or by unsworn declaration as described in Title 78B, Chapter 18a, Uniform Unsworn Declarations Act, that includes: (a) the name and address of the claimant; (b) the nature and measure of beneficial use on which the claim is based; (c) the maximum flow of water used in cubic feet per second, the maximum volume of water used in acre-feet, or the quantity of water stored in acre-feet, as applicable; (d) the period of time during which the water is used each year; (e) the period of time during which the water is stored each year, if applicable; (f) the name of the stream or other source from which the water is diverted, the point on the stream or source where the water is diverted, and a description of the nature of the diverting works; (g) the water right number associated with the claimed right or, if not of record in the state engineer's office, evidence sufficient to enable the state engineer to evaluate the basis of the claimed right, including the information listed in Subsections 73-5-13(2)(a) and (c); (h) the claimed priority date; (i) the place and manner of current use; and (j) other facts that clearly define the extent, limits, and nature of the claim, or that are required by the written or electronic form provided by the state engineer with the notice of the time to file statements of claim. (2) (a) The state engineer may serve on a claimant, by mail, a request for additional information supporting the elements of the claimant's claim. (b) A claimant shall serve the state engineer with a written response within 30 days after the day on which the state engineer serves the request for additional information, unless the state engineer and the claimant agree in writing to extend the time to respond. (c) A request for additional information described in Subsection (2)(a) shall contain a notice advising the claimant that: (i) the claimant has 30 days to respond to the request for additional information; and (ii) failure to timely provide the information requested by the state engineer may result in the state engineer making a recommendation to the court, based on the state engineer's knowledge of the claim at the time the state engineer makes the recommendation, which may be a recommendation that the court disallow the claimant's claim. (d) If a claimant does not timely respond to a notice of request for additional information, the state engineer may make, in the proposed determination, a recommendation on the claimant's claim that is based on the information available to the state engineer at the time of the proposed determination, which may be a recommendation that the court disallow the claimant's claim. (3) A person claiming a right to the use of water, as described in Subsection (1): (a) may request an extension of time as described in Section 73-4-10; and (b) shall file the statement described in Subsection (1) on or before the granted extension date, if an extension is granted pursuant to Section 73-4-10.
Utah Code § 73-10-25.1 — Utah Code / Title 73 / Chapter 73-10 / § 73-10-25.1
§ 73-10-25.1. Credit enhancement and interest buy-down agreements.
Status: in_force

(1) The Board of Water Resources may enter into credit enhancement agreements with political subdivisions containing terms and provisions that the board determines will reasonably improve the security for or marketability of water project obligations financed using the Water Resources Conservation and Development Fund created in Section 73-10-24. Credit enhancement agreements may include provisions for loans to political subdivisions to pay the costs of obtaining letters of credit or other forms of insurance or security to provide security for water project obligations. (2) The Board of Water Resources may make loans or grants from the Water Resources Conservation and Development Fund to political subdivisions for interest buy-down agreements for water development projects.
Utah Code § 73-26-506 — Utah Code / Title 73 / Chapter 73-26 / § 73-26-506
§ 73-26-506. Water charges.
Status: in_force

The division shall set prices for the sale or lease of developed water sufficient to: (1) recover the reimbursable construction and environmental mitigation costs within the time period specified in Section 73-26-504 and pay for the interest on those costs; (2) pay for operation and maintenance costs; and (3) accumulate an adequate reserve for repair and replacement.
Utah Code § 73-10-27 — Utah Code / Title 73 / Chapter 73-10 / § 73-10-27
§ 73-10-27. Definitions -- Project priorities -- Considerations --  Bids and contracts -- Definitions -- Retainage.
Status: in_force

(1) As used in this section: (a) "Board" means the Board of Water Resources created in Section 73-10-1.5. (b) "Estimated cost" means the cost of the labor, material, and equipment necessary for construction of the contemplated project. (c) "Lowest responsible bidder" means a licensed contractor: (i) who: (A) submits the lowest bid; and (B) furnishes a payment bond and a performance bond under Sections 14-1-18 and 63G-6a-1103; and (ii) whose bid: (A) is in compliance with the invitation for a bid; and (B) meets the plans and specifications. (2) In considering the priority for a project to be built or financed with funds made available under Section 73-10-24, the board shall give preference to a project that: (a) is sponsored by, or for the benefit of, the state or a political subdivision of the state; (b) meets a critical local need; (c) has greater economic feasibility; (d) will yield revenue to the state within a reasonable time or will return a reasonable rate of interest, based on financial feasibility; and (e) meets other considerations deemed necessary by the board, including wildlife management and recreational needs. (3) A project may not be built if the project is not: (a) in the public interest, as determined by the board; or (b) adequately designed based on sound engineering and geologic considerations. (4) In preparing a project constructed by the board, the board shall: (a) based on a competitive bid, award a contract for: (i) a flood control project: (A) involving a city or county; and (B) costing in excess of $35,000; (ii) the construction of a storage reservoir in excess of 100 acre-feet; or (iii) the construction of a hydroelectric generating facility; (b) publish an advertisement for a competitive bid: (i) at least once a week for three consecutive weeks in a newspaper with general circulation in the state, with the last date of publication appearing at least five days before the schedule bid opening; and (ii) indicating that the board: (A) will award the contract to the lowest responsible bidder; and (B) reserves the right to reject any and all bids; (c) readvertise the project in the manner specified in Subsection (4)(b) if the board rejects all of the initial bids on the project; and (d) keep an accurate record of all facts and representations relied upon in preparing the board's estimated cost for a project that is subject to the competitive bidding requirements of this section. (5) If no satisfactory bid is received by the board upon the readvertisement of the project in accordance with Subsection (4), the board may proceed to construct the project in accordance with the plan and specifications used to calculate the estimated cost of the project. (6) If a payment on a contract with a private contractor for construction of a project under this section is retained or withheld, it shall be retained or withheld and released as provided in Section 13-8-5.
Utah Code § 73-6-1 — Utah Code / Title 73 / Chapter 73-6 / § 73-6-1
§ 73-6-1. Suspension of right to appropriate -- By proclamation of governor.
Status: in_force

For the purpose of preserving the surplus and unappropriated waters of any stream or other source of water supply for use by irrigation districts and organized agricultural water users, or for any use whatsoever, when in the judgment of the governor and the state engineer the welfare of the state demands it, the governor by proclamation may, upon the recommendation of the state engineer, suspend the right of the public to appropriate such surplus or unappropriated waters.
Utah Code § 73-18-12 — Utah Code / Title 73 / Chapter 73-18 / § 73-18-12
§ 73-18-12. Operation in willful or wanton disregard for safety -- Penalty.
Status: in_force

(1) A person may not operate any nonmotorized vessel, or manipulate any water skis or any device towed by a motorboat in a willful or wanton disregard for the safety of persons or property. (2) A violation of Subsection (1) is a class B misdemeanor.
Utah Code § 73-34-401 — Utah Code / Title 73 / Chapter 73-34 / § 73-34-401
§ 73-34-401. Board action for noncompliance -- Rulemaking.
Status: in_force

(1) The board may require a person awarded a lease under the program to repay the state for money received under the lease if the board finds that the person failed to comply with the conditions of the lease or diverted water in violation of the lease. (2) (a) To commence an enforcement action under section, the board shall issue a notice of violation that includes notice of the amount of repayment for which a person is subject. (b) The board's issuance and enforcement of a notice of violation is exempt from Title 63G, Chapter 4, Administrative Procedures Act. (c) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the board may make rules necessary to enforce a notice of violation, that includes: (i) provisions consistent with this Subsection (2) for enforcement of the notice if a person to whom a notice is issued fails to respond to the notice or abate the violation; (ii) the right to a hearing, upon request by a person against whom the notice is issued; and (iii) provisions for timely issuance of a final order after the person to whom the notice is issued fails to respond to the notice or abate the violation, or after a hearing held under Subsection (2)(c)(ii). (d) A person may not intervene in an enforcement action commenced under this section. (e) After issuance of a final order under rules made pursuant to Subsection (2)(c), the board shall serve a copy of the final order on the person against whom the order is issued by: (i) personal service under Utah Rules of Civil Procedure, Rule 5; or (ii) certified mail. (f) (i) A court with jurisdiction may review the board's final order de novo in Salt Lake County or the county where the violation occurred. (ii) A person shall file a petition for judicial review of the board's final order issued under this section within 20 days from the day on which the final order was served on the person. (g) The board may bring suit in a court with jurisdiction to enforce a final order issued under this section. (h) If the board prevails in an action brought under Subsection (2)(f) or (g), the state may recover court costs and reasonable attorney fees. (i) The board shall deposit money collected under this section into the General Fund as a dedicated credit to be used to implement the program. (3) This section does not limit or impair the state engineer's enforcement powers set forth in Section 73-2-25.
Utah Code § 73-26-301 — Utah Code / Title 73 / Chapter 73-26 / § 73-26-301
§ 73-26-301. Projects authorized.
Status: in_force

The division may develop the potential projects listed under Subsection 73-26-104(2) and associated works.
Utah Code § 73-5a-102 — Utah Code / Title 73 / Chapter 73-5a / § 73-5a-102
§ 73-5a-102. Chapter does not apply to certain federal dams and reservoirs.
Status: in_force

This chapter does not apply to works owned by the United States Bureau of Reclamation. However, the Bureau of Reclamation shall file plans, drawings, and specifications of its works with the state engineer.
Utah Code § 73-10c-4.5 — Utah Code / Title 73 / Chapter 73-10c / § 73-10c-4.5
§ 73-10c-4.5. Nonpoint source project loans and grants -- Project objectives -- Water Quality Board duties.
Status: in_force

(1) The Water Quality Board may make a loan from the Utah Wastewater Loan Program Subaccount created in Subsection 73-10c-5(2)(a) or from the Utah State Revolving Fund for Wastewater Projects Subaccount created in Subsection 73-10c-5(2)(b) or a grant from the Hardship Grant Program for Wastewater Projects Subaccount created in Subsection 73-10c-5(2)(c) to a political subdivision, individual, corporation, association, state or federal agency, or other private entity to acquire, construct, or implement a nonpoint source project. (2) The Water Quality Board may only award a loan or grant for a nonpoint source project that will achieve one or more of the following objectives: (a) abate or reduce raw sewage discharges; (b) repair or replace failing individual on-site wastewater disposal systems; (c) abate or reduce untreated or uncontrolled runoff; (d) improve critical aquatic habitat resources; (e) conserve soil, water, or other natural resources; (f) protect and improve ground water quality; (g) preserve and protect the beneficial uses of waters of the state; (h) reduce the number of water bodies not achieving water quality standards; (i) improve watershed management; or (j) prepare and implement total maximum daily load (TMDL) assessments. (3) The Water Quality Board shall: (a) determine the amount, term, and interest rate for each loan made under this section; (b) assure that adequate security is obtained for each loan; (c) establish criteria and procedures for determining priority nonpoint source projects and award loans in accordance with those priorities; and (d) make rules to implement this section in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
Utah Code § 73-35-305 — Utah Code / Title 73 / Chapter 73-35 / § 73-35-305
§ 73-35-305. Investigative powers -- Storage of data relating to the use of the Colorado River system.
Status: in_force

7/1/2026 (1) The river commissioner may investigate past, present, and potential uses of the water of the Colorado River system within and without the state. (2) The river commissioner shall investigate, coordinate, collate, and preserve information, facts, and data bearing upon the claims of states and of public or private agencies within and without the state to and in respect of the water and the use of water of the Colorado River system.
Utah Code § 73-3b-106 — Utah Code / Title 73 / Chapter 73-3b / § 73-3b-106
§ 73-3b-106. Water right for recharged water -- Change of use of recovered water.
Status: in_force

(1) A person proposing to artificially recharge water into an aquifer must have: (a) a valid water right for the water proposed to be recharged; or (b) an agreement to use the water proposed to be recharged with a person who has a valid water right for the water proposed to be recharged. (2) A person who holds a recovery permit may use or exchange recovered water only in the manner in which the water was permitted to be used or exchanged before the water was artificially recharged, unless a change or exchange application is filed and approved pursuant to Section 73-3-3 or 73-3-20, as applicable.
Utah Code § 73-18-8 — Utah Code / Title 73 / Chapter 73-18 / § 73-18-8
§ 73-18-8. Safety equipment required to be on board vessels -- Penalties.
Status: in_force

(1) (a) Except as provided in Subsection (1)(c), each vessel shall have, for each person on board, one wearable personal flotation device that is approved for the type of use by the commandant of the United States Coast Guard. (b) Each personal flotation device shall be: (i) in serviceable condition; (ii) legally marked with the United States Coast Guard approval number; and (iii) of an appropriate size for the person for whom it is intended. (c) (i) Sailboards and racing shells are exempt from the provisions of Subsections (1)(a) and (e). (ii) The division, after notifying the commission, may exempt certain types of vessels from the provisions of Subsection (1)(a) under certain conditions or upon certain waters. (d) The division may require by rule, after notifying the commission, for personal flotation devices to be worn: (i) while a person is on board a certain type of vessel; (ii) by a person under a certain age; or (iii) on certain waters of the state. (e) For vessels 16 feet or more in length, there shall also be on board one throwable personal flotation device which is approved for this use by the commandant of the United States Coast Guard. (2) The operator of a vessel operated between sunset and sunrise shall display lighted navigation lights approved by the division. (3) If a vessel is not entirely open and it carries or uses any flammable or toxic fluid in any enclosure for any purpose, the vessel shall be equipped with an efficient natural or mechanical ventilation system that is capable of removing resulting gases before and during the time the vessel is occupied by any person. (4) Each vessel shall have fire extinguishing equipment on board. (5) Any inboard gasoline engine shall be equipped with a carburetor backfire flame control device. (6) The division may, after notifying the commission: (a) require additional safety equipment by rule; and (b) adopt rules conforming with the requirements of this section which govern specifications for and the use of safety equipment. (7) A person may not operate or give permission for the operation of a vessel that is not equipped as required by this section or rules promulgated under this section. (8) A violation of this section is an infraction.
Utah Code § 73-4-18 — Utah Code / Title 73 / Chapter 73-4 / § 73-4-18
§ 73-4-18. General determination in court's discretion -- State to be made a party.
Status: in_force

Whenever any civil action is commenced in the district court involving fewer than 10 water claimants or less than the major part of the rights to the use of water from any river system, lake, underground water basin, or other source, the court in its discretion may, if a general determination of the rights to the use of water from said water source has not already been made, proceed, as in this chapter provided, to make such a general determination. In any such action for the determination of water rights the state of Utah shall be joined as a necessary party.