Utah Code § 73-3-18 — Utah Code / Title 73 / Chapter 73-3 / § 73-3-18
§ 73-3-18. Lapse of application -- Notice -- Reinstatement -- Priorities -- Assignment of application -- Filing and recording -- Constructive notice -- Effect of failure to record.
Status: in_force

(1) If an application lapses for failure of the applicant to comply with a provision of this title or an order of the state engineer, the state engineer shall promptly give notice of the lapse to the applicant by regular mail, or send notice electronically if receipt is verifiable. (2) (a) The state engineer may, upon a showing of reasonable cause, reinstate a lapsed application if, no later than 60 days after the state engineer mails or sends electronically the notice of lapse described in Subsection (1), the applicant files: (i) a request to reinstate the application using a reinstatement form provided by the state engineer; and (ii) a request for an extension of time under Section 73-3-12. (b) Except as provided in Subsection (2)(c), the state engineer shall change the date of priority of a reinstated application to the date the request for reinstatement was filed. (c) The original priority date of a lapsed application may not be reinstated, except upon a showing of mistake of the state engineer or fraud. (3) Except as provided in Section 73-3-5.6, Section 73-3-12, Section 73-3-20, or Subsection (2), the priority of an application is determined by the day on which the state engineer's office receives the written application. (4) Before the state engineer issues a certificate of appropriation, a right claimed under an application for the appropriation of water may be assigned by a written instrument, including by use of a form provided by the state engineer's office. (5) (a) An instrument assigning a right described in Subsection (4) shall be recorded in the office of the applicable county recorder to provide notice of the instrument's contents. (b) Beginning July 1, 2017, the state engineer shall consider an assignment using the state engineer's form described in Subsection (4) that is recorded and forwarded to the state engineer as a submitted report of water right conveyance for purposes of fulfilling Subsection 73-1-10(3)(a). (6) An instrument described in Subsection (4) that is not recorded as described in Subsection (5) is void against any subsequent assignee in good faith and for valuable consideration of the same application or any portion of the same application, if the subsequent assignee's own assignment is recorded as described in Subsection (5) first.
Utah Code § 73-31-503 — Utah Code / Title 73 / Chapter 73-31 / § 73-31-503
§ 73-31-503. State engineer enforcement.
Status: in_force

This chapter does not limit or impair the state engineer's enforcement powers set forth in Section 73-2-25.
Utah Code § 73-5-9 — Utah Code / Title 73 / Chapter 73-5 / § 73-5-9
§ 73-5-9. Powers of state engineer as to waste, pollution, or contamination of waters.
Status: in_force

(1) To prevent waste, loss, pollution, or contamination of any waters whether above or below the ground, the state engineer may require the repair or construction of head gates or other devices on ditches or canals, and the repair or installation of caps, valves, or casings on any well or tunnel or the plugging or filling thereof to accomplish the purposes of this section. (2) Any requirement made by the state engineer in accordance with this section shall be executed by and at the cost and expense of the owner, lessee or person having control of such diverting works affected. (3) If within 10 days after notice of such requirement as provided in this section, the owner, lessee or person having control of the water affected, has not commenced to carry out such requirement, or if he has commenced to comply therewith but shall not thereafter proceed diligently to complete the work, the state engineer may forbid the use of water from such source until the user thereof shall comply with such requirement. (4) Failure to comply with any requirement made by the state engineer under this section is a crime punishable under Section 73-2-27 if the failure to comply is knowing or intentional. (5) Each day that such violation is permitted to continue shall constitute a separate offense.
Utah Code § 73-5-1 — Utah Code / Title 73 / Chapter 73-5 / § 73-5-1
§ 73-5-1. Appointment of water commissioners -- Procedure.
Status: in_force

(1) (a) If, in the judgment of the state engineer or the district court, it is necessary to appoint a water commissioner for the distribution of water from any river system or water source, the commissioner shall be appointed for a four-year term by the state engineer. (b) The state engineer shall determine whether all or a part of a river system or other water source shall be served by a commissioner, and if only a part is to be served, the state engineer shall determine the boundaries of that part. (c) The state engineer may appoint: (i) more than one commissioner to distribute water from all or a part of a water source; or (ii) a single commissioner to distribute water from several separate and distinct water sources. (d) A water commissioner appointed by the state engineer under this section is: (i) an employee of the Division of Water Rights; (ii) an appointed officer under Subsection 49-13-102(5)(b)(iii), if the water commissioner meets the requirements for a regular full-time employee under Subsection 49-13-102(5)(a); (iii) eligible for health and retirement benefits as determined by the water commissioner's distribution system committee, if the water commissioner is a regular full-time employee as that term is defined in Section 49-13-102; and (iv) exempt from Title 63A, Chapter 17, Utah State Personnel Management Act. (2) (a) The state engineer shall consult with the water users before appointing a commissioner. The form of consultation and notice to be given shall be determined by the state engineer so as to best suit local conditions, while providing for full expression of majority opinion. (b) The state engineer shall act in accordance with the recommendation of a majority of the water users, if the majority of the water users: (i) agree upon: (A) a qualified individual to be appointed as a water commissioner; (B) the duties the individual shall perform; and (C) subject to the requirements of Title 49, Utah State Retirement and Insurance Benefit Act, the compensation the individual shall receive; and (ii) submit a recommendation to the state engineer on the items described in Subsection (2)(b)(i). (c) If a majority of water users do not agree on the appointment, duties, or compensation, the state engineer shall make a determination for them. (3) (a) (i) The salary and expenses of the commissioner and all other expenses of distribution, including printing, postage, equipment, water users' expenses, and any other expenses considered necessary by the state engineer, shall be borne pro rata by the users of water from the river system or water source in accordance with a schedule to be fixed by the state engineer. (ii) The schedule shall be based on the established rights of each water user, and the pro rata share shall be paid by each water user to the state engineer on or before May 1 of each year. (b) The payments shall be deposited in the Water Commissioner Fund created in Section 73-5-1.5. (c) If a water user fails to pay the assessment as provided by Subsection (3)(a), the state engineer may do any or all of the following: (i) create a lien upon the water right affected by filing a notice of lien in the office of the county recorder in the county where the water is diverted and bring an action to enforce the lien; (ii) forbid the use of water by the delinquent water user or the delinquent water user's successors or assignees, while the default continues; or (iii) bring an action in the district court for the unpaid expense and salary. (d) In any action brought to collect any unpaid assessment or to enforce any lien under this section, the delinquent water user shall be liable for the amount of the assessment, interest, any penalty, and for all costs of collection, including all court costs and a reasonable attorney fee. (4) (a) A commissioner may be removed by the state engineer for cause. (b) The users of water from any river system or water source may petition the district court for the removal of a commissioner and after notice and hearing, the court may order the removal of the commissioner and direct the state engineer to appoint a successor.
Utah Code § 73-26-504 — Utah Code / Title 73 / Chapter 73-26 / § 73-26-504
§ 73-26-504. Agreement for delivery -- Period for repayment of construction and environmental mitigation costs.
Status: in_force

(1) The division and the contracting entity shall, by contractual agreement, establish when and in what amount water developed by the project will be delivered to the contracting entity. (2) If a contract was made before completion of the project, the contracting entity shall repay the construction and environmental mitigation costs as follows: (a) any developed water taken by the contracting entity during the first 10 years after the project is completed shall be repaid within 50 years from the date the developed water is delivered to the contracting entity; and (b) any developed water taken by the contracting entity after the tenth anniversary date of the project's completion shall be repaid within 50 years from the date the project was completed. (3) If a contract was made after the project was completed, the contracting entity shall repay the construction and environmental mitigation costs within a period not to exceed 50 years from the date the contract was made.
Utah Code § 73-10c-4.1 — Utah Code / Title 73 / Chapter 73-10c / § 73-10c-4.1
§ 73-10c-4.1. Wastewater projects -- Loan criteria and requirements -- Process for approval.
Status: in_force

(1) The Water Quality Board shall review the plans and specifications for a wastewater project before approval of any loan and may condition approval on the availability of loan funds and on assurances that the Water Quality Board considers necessary to ensure that loan funds are used to pay the wastewater project costs and that the wastewater project is completed. (2) (a) Each loan shall specify the terms for repayment, with the term, interest rate or rates, including a variable rate, and security as determined by the Water Quality Board. (b) The loan may be evidenced by general obligation or revenue bonds or other obligations of the political subdivision. (c) Loan payments made by a political subdivision shall be deposited in the Water Quality Security Subaccount as described in Section 73-10c-5. (d) The loans are subject to the provisions of Title 63B, Chapter 1b, State Financing Consolidation Act. (3) In determining the priority for a wastewater project loan, the Water Quality Board shall consider: (a) the ability of the political subdivision to obtain money for the wastewater project from other sources or to finance the project from its own resources; (b) the ability of the political subdivision to repay the loan; (c) whether or not a good faith effort to secure all or part of the services needed from the private sector of the economy has been made; and (d) whether or not the wastewater project: (i) meets a critical local or state need; (ii) is cost effective; (iii) will protect against present or potential health hazards; (iv) is needed to comply with minimum standards of the federal Water Pollution Control Act, Title 33, Chapter 26, United States Code, or any similar or successor statute; (v) is needed to comply with the minimum standards of Title 19, Chapter 5, Water Quality Act, or any similar or successor statute; (vi) is designed to reduce the pollution of the waters of this state; and (vii) meets any other consideration considered necessary by the Water Quality Board. (4) In determining the cost effectiveness of a wastewater project the Water Quality Board shall: (a) require the preparation of a cost-effective analysis of feasible wastewater treatment or conveyance alternatives capable of meeting state and federal water quality and public health requirements; (b) consider monetary costs, including the present worth or equivalent annual value of all capital costs and operation, maintenance, and replacement costs; and (c) ensure that the alternative selected is the most economical means of meeting applicable state and federal wastewater and water quality or public health requirements over the useful life of the facility while recognizing environmental and other nonmonetary considerations. (5) A loan may not be made for a wastewater project that is not in the public interest as determined by the Water Quality Board.
Utah Code § 73-23-1 — Utah Code / Title 73 / Chapter 73-23 / § 73-23-1
§ 73-23-1. Legislative findings.
Status: in_force

(1) The Legislature finds that the level of the Great Salt Lake has risen sharply in recent years due to extreme weather conditions. The high level of the lake has caused extraordinary flooding conditions resulting in substantial damage to public and private facilities. Those conditions pose a threat to life, health, and property, and in particular may result in extensive damage to public lands, major transportation routes, and other public facilities. (2) The Legislature finds that some of the existing and anticipated extraordinary flooding conditions can be alleviated by construction of the West Desert Pumping Project. (3) The Legislature declares it is in the public interest and a public purpose to construct the West Desert Pumping Project as a means of counteracting the threat to life, health, and property in general and to public lands, major transportation routes, and other public facilities in particular. (4) The Legislature finds that all activities engaged in under authority of this chapter are governmental functions and governmental entities and their officers and employees are immune from suit for any injury or damage resulting from those activities.
Utah Code § 73-31-402 — Utah Code / Title 73 / Chapter 73-31 / § 73-31-402
§ 73-31-402. Water bank noncompliance -- Revocation of application.
Status: in_force

(1) If a water bank is in noncompliance with this chapter pursuant to Section 73-31-401, the board shall give the water bank a written notice of noncompliance that: (a) explains why the water bank is in noncompliance; and (b) gives the water bank a 90-day corrective period from the date of the notice to correct the cause of the noncompliance. (2) The board shall: (a) post a notice given under Subsection (1) pursuant to Section 73-31-103; and (b) notify the state engineer of the water bank's noncompliance. (3) If the board determines that the water bank has corrected the noncompliance within the 90-day corrective period, the board shall: (a) provide the water bank written notice that the water bank's noncompliance has been cured; (b) post the written notice required under Subsection (3)(a) pursuant to Section 73-31-103; and (c) notify the state engineer that the water bank has corrected the noncompliance within the 90-day corrective period. (4) (a) If the water bank fails to correct the noncompliance within the 90-day corrective period, the water bank's approval to operate terminates at the end of the current calendar year. (b) The board shall mail notice to the water bank that the water bank's approval to operate has terminated and that the water bank's operations under the application shall cease at the end of the current calendar year. (c) The board shall post the notice required under Subsection (4)(b) pursuant to Section 73-31-103. (d) A water bank shall notify the water bank's depositors and borrowers of the dissolution within 60 days of receiving a notice under this Subsection (4) and shall enact the procedures set forth in the water bank's application ceasing the water bank's operations. (5) The state engineer may not approve a change application that seeks to deposit a water right into a water bank that the board determines to be in noncompliance under this chapter. (6) A depositor retains title to deposited water rights and the water bank retains no ownership in the deposited water rights.
Utah Code § 73-1-16 — Utah Code / Title 73 / Chapter 73-1 / § 73-1-16
§ 73-1-16. Petition for hearing to determine validity -- Notice -- Service -- Pleading -- Costs -- Review.
Status: in_force

Where any water users' association, irrigation company, canal company, ditch company, reservoir company, or other corporation of like character or purpose, organized under the laws of this state has entered into or proposes to enter into a contract with the United States for the payment by such association or company of the construction and other charges of a federal reclamation project constructed, under construction, or to be constructed within this state, and where funds for the payment of such charges are to be obtained from assessments levied upon the stock of such association or company, or where a lien is created or will be created against any of the land, property, canals, water rights or other assets of such association or company or against the land, property, canals, water rights or other assets of any stockholder of such association or company to secure the payment of construction or other charges of a reclamation project, the water users' association, irrigation company, canal company, ditch company, reservoir company or other corporation of like character or purpose may file in the district court of the county wherein is situated the office of such association or company a petition entitled ".......... Water Users' Association" or ".......... Company," as the case may be, "against the stockholders of said association or company and the owners and mortgagees of land within the .......... Federal Reclamation Project." No other or more specific description of the defendants shall be required. In the petition it may be stated that the water users' association, irrigation company, canal company, ditch company, reservoir company or other corporation of like character and purpose has entered into or proposes to enter into a contract with the United States, to be set out in full in said petition, with a prayer that the court find said contract to be valid, and a modification of any individual contracts between the United States and the stockholders of such association or company, or between the association or company, and its stockholders, so far as such individual contracts are at variance with the contract or proposed contract between the association or company and the United States.Thereupon a notice in the nature of a summons shall issue under the hand and seal of the clerk of said court, stating in brief outline the contents of said petition, and showing where a full copy of said contract or proposed contract may be examined, such notice to be directed to the said defendants under the same general designations, which shall be considered sufficient to give the court jurisdiction of all matters involved and parties interested. Service shall be obtained (a) by publication of such notice once a week for three consecutive weeks (three times) in a newspaper published in each county where the irrigable land of such federal reclamation project is situated, (b) as required in Section 45-1-101 for three weeks, (c) by publishing the notice on the Utah Public Notice Website created in Section 63A-16-601, for three weeks prior to the date of the hearing, and (d) by the posting at least three weeks prior to the date of the hearing on said petition of the notice and a complete copy of the said contract or proposed contract in the office of the plaintiff association or company, and at three other public places within the boundaries of such federal reclamation project. Any stockholder in the plaintiff association or company, or owner, or mortgagee of land within said federal reclamation project affected by the contract proposed to be made by such association or company, may demur to or answer said petition before the date set for such hearing or within such further time as may be allowed therefor by the court. The failure of any persons affected by the said contract to answer or demur shall be construed, so far as such persons are concerned as an acknowledgment of the validity of said contract and as a consent to the modification of said individual contracts if any with such association or company or with the United States, to the extent that such modification is required to cause the said individual contracts if any to conform to the terms of the contract or proposed contract between the plaintiff and the United States. All persons filing demurrers or answers shall be entered as defendants in said cause and their defense consolidated for hearing or trial. Upon hearing the court shall examine all matters and things in controversy and shall enter judgment and decree as the case warrants, showing how and to what extent, if any, the said individual contracts of the defendants or under which they claim are modified by the plaintiff's contract or proposed contract with the United States. In reaching his conclusion in such causes, the court shall follow a liberal interpretation of the laws, and shall disregard informalities or omissions not affecting the substantial rights of the parties, unless it is affirmatively shown that such informalities or omissions led to a different result than would have been obtained otherwise. The Code of Civil Procedure shall govern matters of pleading and practice as nearly as may be. Costs may be assessed or apportioned among contesting parties in the discretion of the trial court. Review of the judgment of the district court by the Supreme Court may be had as in other civil causes.
Utah Code § 73-5-14 — Utah Code / Title 73 / Chapter 73-5 / § 73-5-14
§ 73-5-14. Determination by the state engineer of watershed to which particular source is tributary -- Publications of notice and result -- Hearing -- Judicial review.
Status: in_force

(1) The state engineer may determine for administrative and distribution purposes the watershed to which any particular stream or source of water is tributary. (2) A determination under Subsection (1) may be made only after publication of notice to the water users. (3) Publication of notice under Subsection (2) shall be made: (a) for every county in the state in which any rights might be affected, as a class A notice under Section 63G-30-102, for at least five weeks before the date of the hearing described in Subsection (4); and (b) in accordance with Section 45-1-101 for five weeks. (4) The state engineer shall fix the date and place of hearing and at the hearing any water user shall be given an opportunity to appear and adduce evidence material to the determination of the question involved. (5) (a) The state engineer shall publish the result of the determination as provided in Subsections (3)(a) and (b), and the notice of the decision of the state engineer shall notify the public that any person aggrieved by the decision may appeal the decision as provided by Section 73-3-14. (b) The notice under Subsection (5)(a) shall be considered to have been given so as to start the time for appeal upon completion of the publication of notice.
Utah Code § 73-3-1 — Utah Code / Title 73 / Chapter 73-3 / § 73-3-1
§ 73-3-1. Appropriation -- Manner of acquiring water rights.
Status: in_force

(1) A person may acquire a right to the use of the unappropriated public waters in this state only as provided for in this title. (2) The appropriation of public waters in the state shall comply with the requirements of this title. (3) Except as provided in Subsection (7), a person obtaining, initiating the use of, or providing notice of intent to appropriate a water right shall comply with the requirements of this chapter. (4) An appropriation may be made only for a useful and beneficial purpose. (5) Between appropriators, the one first in time is first in rights. (6) A person may not acquire a right to the use of water either appropriated or unappropriated by adverse use or adverse possession. (7) Notwithstanding Section 73-3-2, a person may directly capture and store precipitation as provided in Section 73-3-1.5.
Utah Code § 73-10g-602 — Utah Code / Title 73 / Chapter 73-10g / § 73-10g-602
§ 73-10g-602. Unified water infrastructure plan -- Annual reporting.
Status: in_force

(1) (a) The state council shall adopt a unified water infrastructure plan in accordance with this section by no later than March 1, 2026. (b) The state council shall update the unified water infrastructure plan as needed, but at least every four years. (c) A relevant agency may request that the state council amend the unified water infrastructure plan. (2) A unified water infrastructure plan shall: (a) describe water infrastructure projects: (i) needed to maintain the reliable supply of safe and clean water within the state; and (ii) organized in 10-year phases up to at least a 20-year plan; (b) be consistent with the policies, goals, and recommendations of the state water plan; and (c) be based primarily on agency plans submitted by the relevant agencies. (3) Beginning on June 30, 2025, a relevant agency shall: (a) annually adopt a water infrastructure agency plan that describes and ranks needed water infrastructure projects under the jurisdiction of the relevant agency; (b) include in the agency plan ranking justifications and descriptions of whether a water infrastructure project is: (i) ready for construction; (ii) planning for construction; or (iii) a future project; (c) organize an agency plan under this section in 10-year phases up to at least a 20-year plan; and (d) annually submit the agency plan to the state council by no later than June 30. (4) Before adopting or amending a unified water infrastructure plan, the state council shall provide a draft of the proposed unified water infrastructure plan to the Utah Watersheds Council and the Utah Watersheds Council may advise the state council concerning the unified water infrastructure plan. (5) (a) Beginning September 1, 2024, a relevant agency shall annually prepare a report and submit it to the state council concerning the funds or accounts that the relevant agency administers. (b) The report required by this Subsection (5) shall provide for the fund or account: (i) the balance at the beginning of the fiscal year of the report; (ii) revenues received from any source during the fiscal year; (iii) the ending balance after the close of the fiscal year; and (iv) projected revenues and disbursements for the coming fiscal year. (c) The state council shall compile the reports submitted pursuant to this Subsection (5) by no later than October 1 and distribute the compiled report to: (i) the governor; (ii) the Legislative Management Committee; (iii) the Natural Resources, Agriculture, and Environment Interim Committee; (iv) the Natural Resources, Agriculture, and Environmental Quality Appropriations Subcommittee; and (v) the Legislative Water Development Commission.
Utah Code § 73-18-8.1 — Utah Code / Title 73 / Chapter 73-18 / § 73-18-8.1
§ 73-18-8.1. Capacity and certification label.
Status: in_force

(1) Each vessel manufactured after November 1, 1972, which is less than 20 feet in length, except a sailboat, canoe, kayak, inflatable vessel, or homemade motor boat must have a United States Coast Guard capacity and certification label permanently affixed to the vessel and clearly visible to the operator when boarding or operating the vessel. The capacity and certification information may be combined together and displayed on one label. (2) No person shall operate, or give permission for the operation of, any vessel on the waters of this state if it is loaded or powered in excess of the maximum capacity information on the United States Coast Guard capacity label. (3) No person shall alter, deface, or remove any United States Coast Guard capacity or certification information label affixed to a vessel. (4) No person shall operate, or give permission for the operation of, a vessel on the waters of this state if the required United States Coast Guard capacity or certification information label has been altered, defaced, or removed. (5) A violation of this section is an infraction.
Utah Code § 73-18c-307 — Utah Code / Title 73 / Chapter 73-18c / § 73-18c-307
§ 73-18c-307. Claims adjustment by persons with owner's or operator's security other than insurance.
Status: in_force

(1) An owner or operator of a motorboat who maintains owner's or operator's security by a means other than an insurance policy under Section 73-18c-102, shall refer all bodily injury claims against the owner's or operator's security to an independent adjuster licensed under Title 31A, Chapter 26, Insurance Adjusters, or to an attorney. (2) Unless otherwise provided by contract, any motorboat claim adjustment expense incurred by a person maintaining owner's or operator's security by a means other than an insurance policy under Section 73-18c-102, shall be paid by the person who maintains this type of owner's or operator's security. (3) Owners and operators of motorboats maintaining owner's or operator's security by a means other than an insurance policy under Section 73-18c-102 are subject to the claim adjustment provisions of Title 31A, Chapter 26, Part 3, Claim Practices, in connection with claims against persons which arise out of the ownership, maintenance, or use of a motorboat.
Utah Code § 73-3a-106 — Utah Code / Title 73 / Chapter 73-3a / § 73-3a-106
§ 73-3a-106. Application form.
Status: in_force

Applications for appropriations or changes referred to in Section 73-3a-103 must: (1) be made upon forms furnished by the state engineer; and (2) set forth: (a) the name of the applicant; (b) the description of the water right, if applicable; (c) the quantity of water; (d) the stream or source; (e) the point on the stream or source where the water is diverted; (f) the point to which it is proposed to change the diversion of the water, if applicable; (g) the place, purpose, and extent of the present use, if applicable; (h) the place, purpose, and extent of the proposed use; (i) an agent in the state of Utah designated for reception of service of process and other legal notices; and (j) any other information that the state engineer requires.
Utah Code § 73-15-4 — Utah Code / Title 73 / Chapter 73-15 / § 73-15-4
§ 73-15-4. Water from cloud seeding part of natural water supply -- Notice of intent prior to cloud-seeding project.
Status: in_force

All water derived as a result of cloud seeding shall be considered a part of the natural water supply of the basin in the same sense as if no cloud seeding operations had been conducted, and any water so derived shall not be subject to new appropriations but shall be administered and distributed to users on the stream system in accordance with existing water rights. A notice of intent shall be filed with the Division of Water Rights prior to the commencement of a cloud-seeding project.
Utah Code § 73-33-201 — Utah Code / Title 73 / Chapter 73-33 / § 73-33-201
§ 73-33-201. Great Salt Lake distribution management plan.
Status: in_force

(1) The state engineer shall regulate the measurement, appropriation, apportionment, and distribution of water within the Great Salt Lake meander line by adopting a distribution management plan by no later than October 1, 2025, that establishes: (a) consistent with Section 73-33-203, requirements for the measurement, quantification, and reporting of diversions, depletions, and return flows associated with Great Salt Lake water rights; and (b) procedures for the apportionment and distribution of Great Salt Lake water rights. (2) (a) In developing a distribution management plan under this section, the state engineer may consider: (i) the hydrology of the Great Salt Lake watershed as it affects Great Salt Lake water rights; (ii) the physical characteristics of the Great Salt Lake; (iii) the Great Salt Lake elevation; (iv) the Great Salt Lake salinity; (v) the strategic plan prepared by the Great Salt Lake commissioner and approved by the governor under Section 73-32-204; (vi) the measurement, appropriation, apportionment, and distribution of Great Salt Lake water rights; (vii) the quantity of water approved for beneficial use within the Great Salt Lake meander line by a division as defined in Section 73-3-30; (viii) the quantity of water within the Great Salt Lake; (ix) the Great Salt Lake Comprehensive Management Plan; (x) the different types of beneficial uses of Great Salt Lake water rights; and (xi) other relevant factors such as the economic viability impacts. (b) The state engineer shall base the distribution management plan on the principles of prior appropriation and multiple use sustained yield, with multiple use defined in Section 65A-1-1, as the principles relate to the reasonable preservation or enhancement of the Great Salt Lake's natural aquatic environment. (c) The state engineer shall use the best available information to administer Great Salt Lake water rights to achieve the objectives of the distribution management plan. (d) As hydrologic conditions change or additional information becomes available, the state engineer may revise the distribution management plan by following the procedures of Subsection (3). (3) (a) To adopt or amend a distribution management plan for the Great Salt Lake, the state engineer shall: (i) give notice pursuant to Subsection (3)(b) at least 30 days before the first public meeting held in accordance with Subsection (3)(a)(ii): (A) that the state engineer proposes to adopt or amend a distribution management plan; and (B) stating the location, date, and time of each public meeting to be held in accordance with Subsection (3)(a)(ii); (ii) hold one or more public meetings to: (A) present data, studies, or reports that the state engineer intends to consider in preparing the distribution management plan; (B) address items that may be included in the distribution management plan; and (C) receive public comments and other information presented at the public meeting; (iii) receive and consider written comments concerning the proposed distribution management plan from any person for a period determined by the state engineer of not less than 60 days after the day on which the notice required by Subsection (3)(a)(i) is given; (iv) at least 60 days before final adoption of the distribution management plan, publish notice: (A) that a draft of the distribution management plan has been proposed; and (B) specifying where a copy of the draft distribution management plan may be reviewed; (v) promptly provide a copy of the draft distribution management plan in printed or electronic form to each person listed in Subsection (3)(b)(iii) that requests a copy in writing; and (vi) provide notice of the adoption of the distribution management plan. (b) The state engineer shall ensure that a notice required by this section: (i) is published: (A) once a week for two consecutive weeks in a newspaper of general circulation in each county that includes any land below the Great Salt Lake meander line; and (B) for two weeks in accordance with Section 45-1-101; (ii) is published conspicuously on the state engineer's website; and (iii) is mailed to water right owners of record in the state engineer's office of Great Salt Lake water rights. (c) A notice required by this section is effective upon substantial compliance with Subsection (3)(b). (d) A distribution management plan takes effect on the date notice of adoption is completed under Subsection (3)(b) or on a later date when specified in the distribution management plan. (4) (a) In accordance with the distribution management plan, the state engineer shall establish a priority schedule that apportions Great Salt Lake water rights based on relative priority among Great Salt Lake water rights and: (i) develop an apportionment schedule and distribution accounting tool that accounts for: (A) Great Salt Lake elevations; (B) Great Salt Lake salinity; (C) Great Salt Lake water rights; (D) the quantity of water in the Great Salt Lake; and (E) the quantity of water delivered to or in the Great Salt Lake under water rights approved for beneficial use by a division as defined in Section 73-3-30; (ii) prohibit Great Salt Lake water rights from diverting the quantity of water accounted for under Subsection (4)(a)(i)(E); and (iii) require physical measurement and annual reporting of diversion, depletion, and return flow quantities of Great Salt Lake water rights. (b) Under a distribution management plan the state engineer may reduce the quantity of water that an owner of a Great Salt Lake water right may divert from the Great Salt Lake in accordance with the principles of prior appropriation. (5) (a) When adopting a distribution management plan, the state engineer may allow water users to participate in a voluntary arrangement that compensates or otherwise mitigates for the use of Great Salt Lake water rights. (b) The participants in a voluntary arrangement under this Subsection (5) shall implement the voluntary arrangement consistent with other law. (c) The adoption of a voluntary arrangement under this Subsection (5) by less than all of the owners of Great Salt Lake water rights does not affect the rights of those owners of Great Salt Lake water rights who do not agree to the voluntary arrangement. (6) The existence of a distribution management plan does not preclude an otherwise eligible person from filing an application or challenging a decision made by the state engineer within the Great Salt Lake meander line, except that a person may challenge the components of a distribution management plan only in a manner provided in Section 73-33-202. (7) A distribution management plan adopted or amended in accordance with this section is exempt from Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
Utah Code § 73-3-3.5 — Utah Code / Title 73 / Chapter 73-3 / § 73-3-3.5
§ 73-3-3.5. Application for a change of point of diversion, place of use, or purpose of use of water in a water company made by a shareholder.
Status: in_force

(1) As used in this section: (a) "Shareholder" means the owner of a share of stock, or other evidence of stock ownership, that entitles the person to a proportionate share of water in a water company. (b) "Water company" means, except as described in Subsection (1)(c), any company, operating for profit or not for profit, where a shareholder has the right to receive a proportionate share, based on that shareholder's ownership interest, of water delivered by the company. (c) "Water company" does not include a public water supplier, as defined in Section 73-1-4. (2) (a) A shareholder who seeks to file a change application under Section 73-3-3 to make a change to some or all of the water rights represented by the shareholder's shares in a water company shall: (i) prepare a proposed change application on forms furnished by the state engineer; and (ii) provide the proposed change application to the water company by personal delivery with a signed receipt, certified mail, or electronic mail with confirmation of receipt. (b) The water company and the shareholder shall cooperate in supplying information relevant to preparation or correction of the shareholder's change application. (c) In addition to the information required under Section 73-3-3, the proposed change application shall include: (i) the certificate number of the stock affected by the change; (ii) a description of the land proposed to be retired from irrigation in accordance with Section 73-3-3, if the proposed change in place or nature of use of the water involves a situation where the water was previously used for irrigation; (iii) an agreement by the shareholder to continue to pay all applicable corporate assessments on the share affected by the change; and (iv) any other information that the water company may reasonably need to evaluate the proposed change application. (3) (a) The water company shall respond to the proposed change application described in Subsection (2) within 120 days after the day on which the water company receives the proposed change application. (b) The water company's response to the proposed change application shall be in writing and shall: (i) consent to the proposed change; (ii) consent to the proposed change, subject to certain conditions described by the water company; or (iii) decline to consent to the proposed change, describing the reasons for declining to consent. (c) If the water company fails to timely respond, as described in Subsection (3)(a), the failure to respond shall be considered the water company's consent to the proposed change application and the shareholder may file the change application with the state engineer. (4) (a) In reviewing a shareholder's proposed change application, a water company may consider: (i) whether an increased cost to the water company or the water company's shareholders results from the proposed change; (ii) whether the proposed change will interfere with the water company's ability to manage and distribute water for the benefit of all shareholders; (iii) whether the proposed change represents more water than the shareholder's proportionate share of the water company's right; (iv) whether the proposed change would create preferential access to use of particular company water rights to the detriment of other shareholders; (v) whether the proposed change will impair the quantity or quality of water delivered to other shareholders under the existing water rights of the water company, including rights to carrier water; (vi) whether the proposed change violates a statute, ordinance, regulation, or order of a court or government agency; (vii) if applicable, whether the shareholder has or can arrange for the beneficial use of water to be retired from irrigation within the water company's service area under the proposed change; and (viii) the cumulative effects that the approval of the change application may have on other shareholders or water company operations. (b) The water company may not withhold consent if any potential damage, liability, or impairment to the water company, or the water company's shareholders, can be reasonably mitigated without cost to the water company. (c) The water company may require the shareholder to pay all reasonable and necessary costs associated with the change application, but may not impose unreasonable exactions. (5) (a) If the water company declines to consent to the proposed change application, stating its reasons, the shareholder may file an action in district court, seeking court review of the reasonableness of the conditions imposed for giving consent or the reasons stated for declining consent and a final order allowing the shareholder to file the proposed change application with the state engineer. (b) If the water company consents to the proposed change application subject to conditions to which the shareholder does not agree, the shareholder may file the change application with the state engineer as provided in Subsection (6), without waiving the shareholder's right to contest conditions set by the water company under Subsection (3)(b)(ii). (c) During or after the completion of the proceeding before the state engineer commenced under Subsection (6), the shareholder may file an action in district court seeking court review of the reasonableness of the conditions imposed by the water company for giving consent. (d) In an action brought under Subsection (5)(a), (b), or (c), the court: (i) shall refer the parties to mediation under Title 78B, Chapter 6, Part 2, Alternative Dispute Resolution Act, unless one or both parties decline mediation; and (ii) may award costs and reasonable attorney fees to the prevailing party if mediation does not occur because the other party declined to participate in mediation. (6) If the water company consents to the proposed change, the water company fails to respond as required by Subsection (3)(a), the court has entered an order described in Subsection (5)(a), or the water company consents to the proposed change subject to conditions to which the shareholder does not agree, as described in Subsection (5)(b), the shareholder may commence an administrative proceeding by filing the change application with the state engineer in accordance with Section 73-3-3 and this section. (7) The shareholder shall include as part of the change application filed with the state engineer under Subsection (5)(b) or (6): (a) the water company's response to the shareholder's proposed change application; (b) if applicable, an affidavit signed by the shareholder documenting the water company's failure to respond in the time period described in Subsection (3)(a); or (c) if applicable, the court order described in Subsection (5)(a). (8) (a) The state engineer shall evaluate a shareholder's change application in the same manner used to evaluate a change application submitted under Section 73-3-3, using the criteria described in Section 73-3-8. (b) Nothing in this section limits the authority of the state engineer in evaluating and processing a change application, including the authority to require or allow a shareholder or water company to submit additional relevant information, if the state engineer finds an absence of prejudice and allows adequate time and opportunity for the other party to respond. (9) If the state engineer approves a shareholder's change application, the state engineer may, for shares included in the approval, require that the shareholder requesting the change be current on all water company assessments and continue to pay all reasonably applicable future assessments, with credit given to the shareholder for any cost savings to the company resulting from the change. (10) By mutual agreement only, and when the shares will rely upon a different diversion and delivery system, the water company and the shareholder may negotiate a buyout from the water company that may include a pro rata share of the water company's existing indebtedness assignable to the shares. (11) After an application has been approved by the state engineer, the shareholder may file requests for extensions of time to submit proof of beneficial use under the change application without further involvement of the water company. (12) If, after a proposed change has been approved and gone into effect, a shareholder fails to substantially comply with a condition described in Subsection (9), or any condition reasonably imposed by the water company and agreed to by the shareholder, and neglects to remedy the failure after written notice from the water company that allows the shareholder a reasonable opportunity to remedy the failure, no less than 90 days after the day on which the water company gives notice, the water company may petition the state engineer to order a reversal of the change application approval. (13) (a) The shareholder requesting the change shall have a cause of action, including an award of actual damages incurred, against the water company if the water company: (i) unreasonably withholds approval of a requested change; (ii) imposes unreasonable conditions in the water company's approval; or (iii) withdraws approval of a change application in a manner other than as provided in Subsection (12). (b) The court may award costs and reasonable attorney fees: (i) to the shareholder if the court finds that the water company acted in bad faith when the water company declined to consent to the proposed change or conditioned the water company's consent on excessive exactions or unreasonable conditions; or (ii) to the water company if the court finds that the shareholder acted in bad faith in refusing to accept conditions reasonably necessary to protect other shareholders if the shareholder's change application is approved.
Utah Code § 73-2-1.6 — Utah Code / Title 73 / Chapter 73-2 / § 73-2-1.6
§ 73-2-1.6. Water Rights Restricted Account.
Status: in_force

7/1/2026 (1) As used in this section: (a) "Account" means the Water Rights Restricted Account created by this section. (b) "Division" means the Division of Water Rights. (2) There is created in the General Fund a restricted account known as the "Water Rights Restricted Account." (3) The account shall consist of the money deposited into the account under Subsection 59-12-103(4)(b). (4) Upon appropriation, the division may use money in the account for: (a) costs incurred by the division that benefit water rights adjudications, including: (i) employing technical staff; (ii) acquiring equipment; (iii) conducting studies; (iv) installing, operating, and maintaining measurement infrastructure; and (v) sharing the costs of installed United States Geological Survey stream gauges; (b) not to exceed 5% of the money deposited into the account under Subsection 59-12-103(4)(b) in the fiscal year preceding the fiscal year of appropriation, costs incurred by the division to acquire, manage, and analyze surface and groundwater data, not limited to geographic areas of adjudication; and (c) costs incurred by the division to obtain legal support, not limited to geographic areas of adjudication. (5) (a) The account may not exceed $8,000,000 at the end of a fiscal year. (b) If the account exceeds $8,000,000 at the end of a fiscal year, the Division of Finance shall deposit into the Water Resources Conservation and Development Fund, created in Section 73-10-24, the money in excess of the amount necessary to maintain the account balance at $8,000,000.
Utah Code § 73-26-503 — Utah Code / Title 73 / Chapter 73-26 / § 73-26-503
§ 73-26-503. Payment of project costs.
Status: in_force

(1) Construction and environmental mitigation costs allocated to municipal or industrial uses shall be entirely repaid by the entities contracting for water designated for those uses. (2) Twenty-five percent of construction and environmental mitigation costs allocated to agricultural use shall be repaid by entities contracting for agricultural water. (3) The full costs of operation, maintenance, repair, and replacement allocated to municipal, industrial, and agricultural uses shall be charged to the entities contracting for water for those uses. (4) Project costs allocated to recreation, fish and wildlife, and flood control are not reimbursable and shall be paid entirely by the state. (5) (a) The division shall negotiate charges with any person receiving hydropower benefits from a project. (b) The charges shall, at a minimum, be sufficient to pay all project costs allocated to hydropower. (c) Charges in excess of the amount necessary to pay project costs allocated to hydropower shall be deposited in the Water Resources Conservation and Development Fund.
Utah Code § 73-16-4 — Utah Code / Title 73 / Chapter 73-16 / § 73-16-4
§ 73-16-4. Members of commission.
Status: in_force

(1) There shall be three members of the Bear River Compact commission from the state. (2) (a) One member shall be the state engineer, who shall chair the Utah delegation. (b) The Board of Water Resources shall appoint the other two commissioners from Utah: (i) after consultation with the state engineer; (ii) after consultation with the director of the Division of Water Resources; and (iii) with the consent of the governor. (c) The two appointed members shall hold office at the pleasure of the Board of Water Resources and until their successors are appointed and qualified. (3) (a) A member shall be a resident of the state. (b) One appointed member shall be a landowner and irrigator residing on and operating a farm within the lower division as defined by the compact. (c) One appointed member shall be a landowner and irrigator residing on and operating a farm within the upper division as defined by the compact. (4) (a) The Board of Water Resources may appoint two alternative members of the Bear River Compact commission: (i) after consultation with the state engineer; (ii) after consultation with the director of the Division of Water Resources; and (iii) with the consent of the governor. (b) One alternate shall be a resident of the state and a landowner and irrigator residing on and operating a farm within the lower division as defined by the compact. The alternate may act at all regular and special meetings of the Bear River Compact commission whenever the regular member of the Bear River Compact commission from this same area is unable to serve and act. (c) One alternate shall be a resident of the state and shall be a landowner and irrigator residing on and operating a farm within the upper division as defined by the compact. The alternate may act at all regular and special meetings of the Bear River Compact commission whenever the regular member of the Bear River Compact commission from this same area is unable to serve and act. (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 pursuant to Sections 63A-3-106 and 63A-3-107.
Utah Code § 73-10g-701 — Utah Code / Title 73 / Chapter 73-10g / § 73-10g-701
§ 73-10g-701. Definitions.
Status: in_force

As used in this part: (1) "Council" means the Water District Water Development Council created pursuant to Section 11-13-228. (2) "Division" means the Division of Water Resources. (3) "State or local entity" means: (a) a department, division, commission, agency, or other instrumentality of state government; or (b) a political subdivision or the political subdivision's instrumentalities. (4) "Water agent" means the Utah water agent appointed by the governor under Section 73-10g-702. (5) "Water augmentation project" means a project on interstate waters that increases or impacts the amount of water available in this state.
Utah Code § 73-18-19 — Utah Code / Title 73 / Chapter 73-18 / § 73-18-19
§ 73-18-19. Publication of rules and regulations.
Status: in_force

The rules promulgated under this chapter shall be published as required by Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
Utah Code § 73-18a-12 — Utah Code / Title 73 / Chapter 73-18a / § 73-18a-12
§ 73-18a-12. Rules made -- Subject to approval by Department of Environmental Quality.
Status: in_force

The division, after notifying the commission, may make rules under Title 63G, Chapter 3, Utah Administrative Rulemaking Act, which are necessary for the carrying out of duties, obligations, and powers conferred on the division by this chapter. These rules shall be subject to review and approval by the Department of Environmental Quality. This approval shall be recorded as part of the rules.
Utah Code § 73-10-30 — Utah Code / Title 73 / Chapter 73-10 / § 73-10-30
§ 73-10-30. Construction in conjunction with Water Resources Construction Fund -- Supplemental financing.
Status: in_force

(1) Projects authorized under this chapter may be constructed in participation with money from the Water Resources Construction Fund when authorized by the board. (2) Projects specified by the Legislature to be financed by general obligation bonds of the state may receive supplemental financing from the Water Resources Conservation and Development Fund when needed and money is available.
Utah Code § 73-10-32 — Utah Code / Title 73 / Chapter 73-10 / § 73-10-32
§ 73-10-32. Definitions -- Water conservation plan required.
Status: in_force

7/1/2026 (1) As used in this section: (a) "Division" means the Division of Water Resources created under Section 73-10-18. (b) "Water conservancy district" means an entity formed under Title 17B, Chapter 2a, Part 10, Water Conservancy District Act. (c) "Water conservation plan" means a written document that contains existing and proposed water conservation measures describing what will be done by a water provider, and the end user of culinary water to help conserve water in the state in terms of per capita use of water provided through culinary water infrastructure owned or operated by the water provider so that adequate supplies of water are available for future needs. (d) "Water provider" means: (i) a retail water supplier, as defined in Section 19-4-102; or (ii) a water conservancy district. (2) (a) A water conservation plan shall contain: (i) (A) a clearly stated overall water use reduction goal that is consistent with Subsection (2)(d); and (B) an implementation plan for each water conservation measure a water provider chooses to use, including a timeline for action and an evaluation process to measure progress; (ii) a requirement that a notification procedure be implemented that includes the delivery of the water conservation plan to the media and to the governing body of each municipality and county served by the water provider; (iii) a copy of the minutes of the meeting regarding a water conservation plan and the notification procedure required in Subsection (2)(a)(ii) that shall be added as an appendix to the water conservation plan; and (iv) for a retail water supplier, as defined in Section 19-4-102, the retail water supplier's rate structure that is: (A) adopted by the retail water supplier's governing body in accordance with Section 73-10-32.5; and (B) current as of the day the retail water supplier files a water conservation plan. (b) A water conservation plan may include information regarding: (i) the installation and use of water efficient fixtures and appliances, including toilets, shower fixtures, and faucets; (ii) residential and commercial landscapes and irrigation that require less water to maintain; (iii) more water efficient industrial and commercial processes involving the use of water; (iv) water reuse systems, both potable and not potable; (v) distribution system leak repair; (vi) dissemination of public information regarding more efficient use of water, including public education programs, customer water use audits, and water saving demonstrations; (vii) water rate structures designed to encourage more efficient use of water; (viii) statutes, ordinances, codes, or regulations designed to encourage more efficient use of water by means such as water efficient fixtures and landscapes; (ix) incentives to implement water efficient techniques, including rebates to water users to encourage the implementation of more water efficient measures; (x) regional conservation planning and shared shortage agreements; (xi) the commitment of available water to uses on the Great Salt Lake; and (xii) other measures designed to conserve water. (c) The division may be contacted for information and technical resources regarding measures listed in Subsection (2)(b). (d) (i) The division shall adopt by rule, made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, regional water conservation goals that: (A) are developed by the division; (B) take into consideration goals established in the Colorado River management plan adopted in accordance with Section 73-35-204; (C) for areas in the Great Salt Lake watershed, take into consideration the Great Salt Lake, including the water budget associated with the integrated surface and ground water assessment described in Section 73-10g-402; (D) take into consideration how growth and regional conservation goals impact agriculture water use; (E) are reevaluated by December 31, 2030, and every 10 years after December 31, 2030; and (F) define what constitutes "water being conserved" under a water conservation goal after considering factors such as depletion, diversion, use, consumption, or return flows. (ii) As part of a water conservation plan, a water provider shall adopt one of the following: (A) the regional water conservation goal applicable to the water provider; (B) a water conservation goal that would result in more water being conserved than would be conserved under the regional water conservation goal; or (C) a water conservation goal that would result in less water being conserved than would be conserved under the regional water conservation goal with a reasonable justification as to why the different water conservation goal is adopted and an explanation of the factors supporting the reasonable justification, such as demographics, geography, lot sizes, make up of water service classes, or availability of secondary water. (3) (a) A water provider shall: (i) prepare and adopt a water conservation plan; and (ii) file a copy of the water conservation plan with the division. (b) (i) Before adopting or amending a water conservation plan, a water provider shall hold a public hearing with reasonable, advance public notice in accordance with this Subsection (3)(b). (ii) The water provider shall provide public notice at least 14 days before the date of the public hearing. (iii) A water provider meets the requirements of reasonable notice required by this Subsection (3)(b) if the water provider posts notice of the public hearing: (A) for the service area of the water provider, as a class A notice under Section 63G-30-102, for at least 14 days; and (B) if the water provider is a private entity and has a public website, on the water provider's public website. (iv) Proof that notice described in Subsection (3)(b)(iii) was given is prima facie evidence that notice was properly given. (v) If notice given under authority of this Subsection (3)(b) is not challenged within 30 days from the date of the public hearing for which the notice was given, the notice is considered adequate and proper. (c) A water provider shall: (i) post the water provider's water conservation plan on a public website; or (ii) if the water provider does not have a public website, make the water provider's water conservation plan publicly available for inspection upon request. (4) (a) The division shall: (i) provide guidelines and technical resources to help water providers prepare and implement water conservation plans; (ii) assist water providers by identifying water conservation methods upon request; and (iii) provide an online submission form that allows for an electronic copy of the water conservation plan to be filed with the division under Subsection (3)(a)(ii). (b) The division shall post an annual report at the end of a calendar year listing water providers in compliance with this section. (5) A water provider may only receive state funds for water development if the water provider complies with the requirements of this section. (6) A water provider specified under Subsection (3)(a) shall: (a) update the water provider's water conservation plan no less frequently than every five years; and (b) follow the procedures required under Subsection (3) when updating the water conservation plan. (7) It is the intent of the Legislature that the water conservation plans, amendments to existing water conservation plans, and the studies and report by the division be handled within the existing budgets of the respective entities or agencies.7/1/2026 (1) As used in this section: (a) "Division" means the Division of Water Resources created under Section 73-10-18. (b) "Water conservancy district" means an entity formed under Title 17B, Chapter 2a, Part 10, Water Conservancy District Act. (c) "Water conservation plan" means a written document that contains existing and proposed water conservation measures describing what will be done by a water provider, and the end user of culinary water to help conserve water in the state in terms of per capita use of water provided through culinary water infrastructure owned or operated by the water provider so that adequate supplies of water are available for future needs. (d) "Water provider" means: (i) a retail water supplier, as defined in Section 19-4-102; or (ii) a water conservancy district. (2) (a) A water conservation plan shall contain: (i) (A) a clearly stated overall water use reduction goal that is consistent with Subsection (2)(d); and (B) an implementation plan for each water conservation measure a water provider chooses to use, including a timeline for action and an evaluation process to measure progress; (ii) a requirement that a notification procedure be implemented that includes the delivery of the water conservation plan to the media and to the governing body of each municipality and county served by the water provider; (iii) a copy of the minutes of the meeting regarding a water conservation plan and the notification procedure required in Subsection (2)(a)(ii) that shall be added as an appendix to the water conservation plan; and (iv) for a retail water supplier, as defined in Section 19-4-102, the retail water supplier's rate structure that is: (A) adopted by the retail water supplier's governing body in accordance with Section 73-10-32.5; and (B) current as of the day the retail water supplier files a water conservation plan. (b) A water conservation plan may include information regarding: (i) the installation and use of water efficient fixtures and appliances, including toilets, shower fixtures, and faucets; (ii) residential and commercial landscapes and irrigation that require less water to maintain; (iii) more water efficient industrial and commercial processes involving the use of water; (iv) water reuse systems, both potable and not potable; (v) distribution system leak repair; (vi) dissemination of public information regarding more efficient use of water, including public education programs, customer water use audits, and water saving demonstrations; (vii) water rate structures designed to encourage more efficient use of water; (viii) statutes, ordinances, codes, or regulations designed to encourage more efficient use of water by means such as water efficient fixtures and landscapes; (ix) incentives to implement water efficient techniques, including rebates to water users to encourage the implementation of more water efficient measures; (x) regional conservation planning and shared shortage agreements; (xi) the commitment of available water to uses on the Great Salt Lake; and (xii) other measures designed to conserve water. (c) The division may be contacted for information and technical resources regarding measures listed in Subsection (2)(b). (d) (i) The division shall adopt by rule, made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, regional water conservation goals that: (A) are developed by the division; (B) take into consideration goals established in the Colorado River management plan adopted in accordance with Section 73-35-204; (C) for areas in the Great Salt Lake watershed, take into consideration the Great Salt Lake, including the water budget associated with the integrated surface and ground water assessment described in Section 73-10g-402; (D) take into consideration how growth and regional conservation goals impact agriculture water use; (E) are reevaluated by December 31, 2030, and every 10 years after December 31, 2030; and (F) define what constitutes "water being conserved" under a water conservation goal after considering factors such as depletion, diversion, use, consumption, or return flows. (ii) As part of a water conservation plan, a water provider shall adopt one of the following: (A) the regional water conservation goal applicable to the water provider; (B) a water conservation goal that would result in more water being conserved than would be conserved under the regional water conservation goal; or (C) a water conservation goal that would result in less water being conserved than would be conserved under the regional water conservation goal with a reasonable justification as to why the different water conservation goal is adopted and an explanation of the factors supporting the reasonable justification, such as demographics, geography, lot sizes, make up of water service classes, or availability of secondary water. (3) (a) A water provider shall: (i) prepare and adopt a water conservation plan; and (ii) file a copy of the water conservation plan with the division. (b) (i) Before adopting or amending a water conservation plan, a water provider shall hold a public hearing with reasonable, advance public notice in accordance with this Subsection (3)(b). (ii) The water provider shall provide public notice at least 14 days before the date of the public hearing. (iii) A water provider meets the requirements of reasonable notice required by this Subsection (3)(b) if the water provider posts notice of the public hearing: (A) for the service area of the water provider, as a class A notice under Section 63G-30-102, for at least 14 days; and (B) if the water provider is a private entity and has a public website, on the water provider's public website. (iv) Proof that notice described in Subsection (3)(b)(iii) was given is prima facie evidence that notice was properly given. (v) If notice given under authority of this Subsection (3)(b) is not challenged within 30 days from the date of the public hearing for which the notice was given, the notice is considered adequate and proper. (c) A water provider shall: (i) post the water provider's water conservation plan on a public website; or (ii) if the water provider does not have a public website, make the water provider's water conservation plan publicly available for inspection upon request. (4) (a) The division shall: (i) provide guidelines and technical resources to help water providers prepare and implement water conservation plans; (ii) assist water providers by identifying water conservation methods upon request; and (iii) provide an online submission form that allows for an electronic copy of the water conservation plan to be filed with the division under Subsection (3)(a)(ii). (b) The division shall post an annual report at the end of a calendar year listing water providers in compliance with this section. (5) A water provider may only receive state funds for water development if the water provider complies with the requirements of this section. (6) A water provider specified under Subsection (3)(a) shall: (a) update the water provider's water conservation plan no less frequently than every five years; and (b) follow the procedures required under Subsection (3) when updating the water conservation plan. (7) It is the intent of the Legislature that the water conservation plans, amendments to existing water conservation plans, and the studies and report by the division be handled within the existing budgets of the respective entities or agencies.
Utah Code § 73-4-9 — Utah Code / Title 73 / Chapter 73-4 / § 73-4-9
§ 73-4-9. Failure to file a statement of claim.
Status: in_force

(1) The filing of each statement of claim shall be considered notice to all persons of the claim of the party making the same, and failing to make and deliver such statement of claim to the state engineer or the district court within the time prescribed by Section 73-4-5, or as extended pursuant to Section 73-4-10, shall be considered evidence of an intent to abandon the right. (2) If a claimant fails to timely file a statement of claim, as provided in this chapter, for a right not of record in the state engineer's office, the claimant is forever barred and estopped from subsequently asserting the unclaimed right. (3) If the state engineer receives an untimely statement of claim, the state engineer shall return the claim to the claimant without further action. (4) If an untimely statement of claim is filed with the court, the state engineer shall take no further action unless a claimant's failure to file a timely claim is excused pursuant to Subsection 73-4-9.5(3). (5) Subsections (3) and (4) apply whether the untimely claim is asserted pursuant to Section 73-4-5 or 73-5-13.
Utah Code § 73-10-6 — Utah Code / Title 73 / Chapter 73-10 / § 73-10-6
§ 73-10-6. Making water available to citizens of state -- Assessment of charges against water users -- Water Resources Construction Fund.
Status: in_force

The Board of Water Resources may make available for the use of the citizens of the state who are, in its opinion, best able to utilize the same, any or all water and power conserved by any of the projects to which the state may have title and may enter into contracts for the use of said water and power with individuals or with organizations composed of citizens of the state of Utah. The board may assess against any person using such water and power such charges as, in the opinion of the board, are necessary and reasonable for the maintenance of the project and return to the state the actual costs of the project over such term of years as the board may deem it advisable. Any amount collected as charges over and above the amount necessary to maintain any particular project shall become part of the Water Resources Construction Fund.
Utah Code § 73-34-101 — Utah Code / Title 73 / Chapter 73-34 / § 73-34-101
§ 73-34-101. Definitions.
Status: in_force

As used in this chapter: (1) "Agricultural water" means water placed to beneficial use on land in agricultural use, as defined under Section 59-2-502, that is located within the Utah portion of the Great Salt Lake basin. (2) "Agricultural water user" means a person, including a water company, who distributes or is entitled to the use of agricultural water as: (a) the record owner of a perfected water right in agricultural water; (b) a person who has written authorization from a person described in Subsection (2)(a) to file a change application on that person's behalf; or (c) a shareholder in a water company who is authorized to file a change application in accordance with Section 73-3-3.5. (3) "Board" means the Great Salt Lake Preservation Board created by Section 73-34-201. (4) "Commissioner" means the Great Salt Lake commissioner appointed under Section 73-32-201. (5) "Great Salt Lake basin" means the area within: (a) the surveyed meander line of the Great Salt Lake; (b) the drainage areas of the Bear River or the Bear River's tributaries; (c) the drainage areas of Bear Lake or Bear Lake's tributaries; (d) the drainage areas of the Weber River or the Weber River's tributaries; (e) the drainage areas of the Jordan River or the Jordan River's tributaries; (f) the drainage areas of Utah Lake or Utah Lake's tributaries; (g) other water drainages lying between the Bear River and the Jordan River that are tributary to the Great Salt Lake and not included in the drainage areas described in Subsections (5)(a) through (f); and (h) the drainage area of Tooele Valley. (6) "Program" means the program created under Section 73-34-301 by the board to lease agricultural water from agricultural water users for the benefit of the Great Salt Lake. (7) "Shareholder" means the same as that term is defined in Section 73-3-3.5. (8) "Water company" means the same as that term is defined in Section 73-3-3.5.
Utah Code § 73-4-11 — Utah Code / Title 73 / Chapter 73-4 / § 73-4-11
§ 73-4-11. Proposed determination by engineer to court -- Hydrographic survey map -- Notice -- Public meeting.
Status: in_force

(1) After full consideration of the statements of claims, records, and files, and after an examination of the river system or water source involved, the state engineer shall for the general adjudication area, division, or subdivision: (a) complete a hydrographic survey map; (b) prepare a proposed determination of all rights to the use of the water and file it with the district court; (c) serve notice of completion of the proposed determination by publication and by mail, in accordance with Subsection 73-4-3(5), to each claimant of record in the state engineer's office within the general adjudication area, division, or subdivision, that includes: (i) (A) a copy of the proposed determination; or (B) instructions on how to obtain or access an electronic copy of the proposed determination; and (ii) a statement describing the claimant's right to file an objection to the proposed determination within 90 days after the day on which the notice of completion of the proposed determination is served; and (d) hold a public meeting in the area, division, or subdivision covered by the proposed determination to explain the proposed determination to the claimants. (2) A claimant who desires to object to the state engineer's proposed determination or an addendum to a proposed determination shall, within 90 days after the day on which the state engineer served the claimant with notice of completion of the proposed determination, file with the district court a short and plain written: (a) statement showing that the claimant is entitled to relief, identifying the elements of the proposed determination to which the claimant objects; and (b) demand for relief. (3) The state engineer shall distribute the waters from the natural streams or other natural sources: (a) in accordance with the proposed determination or modification to the proposed determination by court order until a final decree is rendered by the court; or (b) if the right to the use of the waters has been decreed or adjudicated, in accordance with the decree until the decree is reversed, modified, vacated, or otherwise legally set aside. (4) Following the proposed determination, the state engineer may prepare and file one or more addenda to one or more proposed determinations, provided the state engineer: (a) files the addendum with the court; (b) in the preamble, provides an explanation of the issues addressed in the addendum; (c) serves the addendum, in the same manner as provided in Subsection (1)(c), on each owner of record, according to the state engineer's records, of a perfected water right authorizing the diversion of water from within the area, division, or subdivision covered by the addendum; and (d) holds a public meeting in the same manner as provided in Subsection (1)(d).
Utah Code § 73-3-30.5 — Utah Code / Title 73 / Chapter 73-3 / § 73-3-30.5
§ 73-3-30.5. Standardized leasing of water described in instream flow provisions.
Status: in_force

(1) As used in this section: (a) "Concurring partner" means: (i) a division, as defined in Section 73-3-30; or (ii) the executive director of the Colorado River Authority of Utah, appointed under Section 73-35-401. (b) "Land in agricultural use" means the same as that term is defined in Section 59-2-502. (c) "Person entitled to the use of water" means the same as that term is defined in Section 73-3-3. (d) "Split season use" means making sequential use of a portion of a water right in the same calendar year. (2) The state engineer: (a) shall prioritize the processing of an application if the conditions of Subsections (3) and (4) are met; and (b) may adjust the prioritization described in Subsection (2)(a) as necessary to address: (i) a protest to the application; or (ii) unusual conditions that make the initial prioritization infeasible. (3) To qualify for prioritization under this section, a lease: (a) may only lease water: (i) for a beneficial use described in Section 73-3-30; (ii) on a water right where the point of diversion is a surface source within an established distribution system served by a water commissioner appointed by the state engineer under Section 73-5-1; and (iii) when the approved used for the underlying water right is for an irrigation, industrial, or municipal purpose; (b) may include a lease of water based on split season use; and (c) may not include a lease of water diverted from an underground source of water. (4) A person entitled to the use of water who files an application that complies with this section shall: (a) file the application by no later than December 1 for a lease agreement intended to commence on or after April 1 in the following year; (b) describe in the application the concurrence of the applicable concurring partner; (c) for an application that includes a split season use on land in agricultural use, identify a single period during the water right period of use, of at least four consecutive weeks, that will be the basis for the split season use; and (d) confirm that the application based on a lease of water meets the conditions of Subsection (3) and this Subsection (4).
Utah Code § 73-18-22.3 — Utah Code / Title 73 / Chapter 73-18 / § 73-18-22.3
§ 73-18-22.3. Utah Boating Grant Account -- Grant program administered by the Division of Outdoor Recreation.
Status: in_force

(1) There is created within the General Fund a restricted account known as the "Utah Boating Grant Account." (2) The Utah Boating Grant Account shall consist of: (a) revenue deposited into the Utah Boating Grant Account under Section 59-34-102 from the Boating Grant Tax on a vessel that is less than 31 feet in length and required to be registered with the state; (b) legislative appropriations; (c) contributions, grants, gifts, transfers, bequests, and donations specifically directed to the Utah Boating Grant Account; and (d) interest and earnings on the Utah Boating Grant Account. (3) An entity eligible for a grant funded through the Utah Boating Grant Account is: (a) a water conservancy district; (b) a state agency; (c) a county; or (d) a municipality, as defined in Section 10-1-104. (4) Subject to appropriation, money in the Utah Boating Grant Account may be used for: (a) construction, repair, and replacement of a publicly owned boating facility, including a boat ramp, courtesy dock, or parking lot; (b) resource protection of waterway shorelines to prevent or minimize erosion created by vessel wave action; (c) drought access mitigation; (d) alternative access development for non-motorized vessels to decrease conflicts, congestion, and safety concerns on existing motorboat access ramps; (e) search and rescue equipment; and (f) the payment of the administrative costs of the Division of Outdoor Recreation in administering a grant under this section. (5) The Division of Outdoor Recreation shall administer the grants under this section pursuant to rules made, after notifying the Outdoor Adventure Commission, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act. (6) The Division of Outdoor Recreation shall consult with the advisory committee described in Section 73-18-3.5 before issuing a grant under this section.
Utah Code § 73-10g-606 — Utah Code / Title 73 / Chapter 73-10g / § 73-10g-606
§ 73-10g-606. Scope of part.
Status: in_force

This part does not apply to: (1) the Water Resources Construction Fund created in Section 73-10-8; and (2) the Water Infrastructure Restricted Account created in Section 73-10g-103.
Utah Code § 73-32-102 — Utah Code / Title 73 / Chapter 73-32 / § 73-32-102
§ 73-32-102. Transition to department.
Status: in_force

(1) The commissioner shall cooperate with the department to transition, to the extent consistent with this chapter, the commissioner's functions as a part of the department. (2) The department shall succeed to any contract in which the commissioner is a party.
Utah Code § 73-18-3 — Utah Code / Title 73 / Chapter 73-18 / § 73-18-3
§ 73-18-3. Enforcement of State Boating Act to be supervised by division.
Status: in_force

The administration and enforcement of the State Boating Act shall be under the supervision and direction of the division.
Utah Code § 73-34-402 — Utah Code / Title 73 / Chapter 73-34 / § 73-34-402
§ 73-34-402. Board report to Legislature.
Status: in_force

(1) The board shall document: (a) the number of acre-feet delivered to the Great Salt Lake under the program; (b) the number of leases awarded under the program; and (c) the amount of money expended to lease agricultural water under the program. (2) The board shall annually for the previous period beginning on October 1 and ending September 30: (a) post on a public website the information documented under Subsection (1); and (b) report to the Legislative Water Development Commission by no later than November 30 the information documented under Subsection (1).
Utah Code § 73-5a-201 — Utah Code / Title 73 / Chapter 73-5a / § 73-5a-201
§ 73-5a-201. Approval of state engineer necessary to construct, alter, or abandon dams.
Status: in_force

No person may construct, enlarge, repair, alter, remove, or abandon any dam or reservoir without obtaining written approval from the state engineer. Routine maintenance of the structure does not require approval from the state engineer.
Utah Code § 73-32-202 — Utah Code / Title 73 / Chapter 73-32 / § 73-32-202
§ 73-32-202. Duties and authorizations of the commissioner.
Status: in_force

(1) The commissioner, under the administrative oversight of the executive director, shall: (a) subject to Section 73-32-204, prepare an approved strategic plan for the long-term health of the Great Salt Lake and update the strategic plan regularly; (b) oversee the execution of the strategic plan by other state agencies as provided in Section 73-32-203; (c) maintain information that measures Great Salt Lake levels, salinity, and overall health; (d) meet regularly with the executive director and with the executive director of the Department of Environmental Quality; (e) consult with the Division of Forestry, Fire, and State Lands regarding Title 65A, Chapter 16, Great Salt Lake Watershed Enhancement Program; (f) monitor the integrated water assessment conducted under Chapter 10g, Part 4, Great Salt Lake Watershed Integrated Water Assessment; (g) inform the governor, the president of the Senate, and the speaker of the House of Representatives, at least annually, about the status of the strategic plan and the progress regarding implementation of the strategic plan; (h) at least annually, by no later than October 1, report to the Executive Appropriations Committee regarding the expenditure of money under this chapter; (i) work cooperatively with and receive input and recommendations from the Great Salt Lake Trust Council created under Section 65A-16-301 in accordance with Section 65A-16-302; (j) coordinate and work collaboratively with water conservancy districts that serve water users within the Great Salt Lake watershed; (k) consult on projects funded by state appropriations that are designed to acquire or lease water or water rights for the Great Salt Lake to ensure the project is consistent with the strategic plan; (l) facilitate leasing under Chapter 34, Great Salt Lake Preservation Program; and (m) annually report, by no later than October 1, to the Natural Resources, Agriculture, and Environment Interim Committee regarding the activities of the commissioner. (2) The commissioner may: (a) access information from other state or federal agencies related to the Great Salt Lake; (b) develop cooperative agreements between the state, political subdivisions, and agencies of the federal government for involvement in the strategic plan; (c) produce research, documents, maps, studies, analysis, or other information that supports the strategic plan for the Great Salt Lake; (d) facilitate and coordinate the exchange of information, comments, and recommendations on Great Salt Lake policies between and among: (i) state agencies; (ii) political subdivisions; (iii) institutions of higher education that conduct research relevant to the Great Salt Lake; (iv) nonprofit entities; and (v) private business; (e) communicate with the Great Salt Lake Watershed Council created under Chapter 10g, Part 3, Watershed Councils Act; (f) subject to Subsection (4), negotiate agreements, leases, or other means to acquire or lease water or water rights for the Great Salt Lake pursuant to the exemption under Subsection 63G-6a-107.6(2); (g) accept money from public and private sources for the purpose of funding the leasing of water or water rights for the Great Salt Lake, including leases under Chapter 34, Great Salt Lake Preservation Program; and (h) perform other duties that the commissioner considers necessary or expedient to carry out the purposes of this chapter. (3) (a) The commissioner may not expend money for the purpose of acquiring or leasing water or water rights without first obtaining a review and recommendations regarding the expenditure from the Great Salt Lake Trust Council created in accordance with Section 65A-16-301. (b) The Great Salt Lake Trust Council shall review an expenditure described in Subsection (3)(a) and may make a favorable recommendation if the Great Salt Lake Trust Council finds that the expenditure is consistent with: (i) the strategic plan; and (ii) activities of the water trust created in Title 65A, Chapter 16, Great Salt Lake Watershed Enhancement Program. (4) (a) A change application for a water right acquired or leased under Subsection (2)(f) for use on sovereign lands in the Great Salt Lake shall be administered in accordance with Section 73-3-30. (b) The commissioner shall consult with the commissioner of the Department of Agriculture and Food regarding terms and conditions for leasing agricultural water for the Great Salt Lake. (5) In fulfilling the duties under this chapter, the commissioner shall consult and coordinate, as necessary, with: (a) divisions within the department; (b) the Department of Agriculture and Food; (c) the Department of Environmental Quality; (d) other applicable state agencies; (e) political subdivisions of the state; (f) federal agencies; (g) elected officials; and (h) local tribal officials.
Utah Code § 73-18c-102 — Utah Code / Title 73 / Chapter 73-18c / § 73-18c-102
§ 73-18c-102. Definitions.
Status: in_force

As used in this chapter: (1) "Airboat" means a vessel propelled by air pressure caused by an airplane type propeller mounted above the stern and driven by an internal combustion engine. (2) "Commission" means the Outdoor Adventure Commission. (3) "Division" means the Division of Outdoor Recreation. (4) "Judgment" means any judgment that is final by: (a) expiration without appeal of the time within which an appeal might have been perfected; or (b) final affirmation on appeal, rendered by a court of competent jurisdiction of any state or of the United States, upon a cause of action for damages: (i) arising out of the ownership, maintenance, or use of any personal watercraft, including damages for care and loss of services because of bodily injury to or death of any person, or because of injury to or destruction of property including the loss of use of the property; or (ii) on a settlement agreement. (5) (a) "Motorboat" has the same meaning as defined in Section 73-18-2. (b) "Motorboat" includes personal watercraft regardless of the manufacturer listed horsepower. (c) "Motorboat" does not include: (i) a boat with a manufacturer listed horsepower of 50 horsepower or less; or (ii) an airboat. (6) "Nonresident" means any person who is not a resident of Utah. (7) "Operator" means the person who is in control of a motorboat while it is in use. (8) (a) "Owner" means a person, other than a lien holder, holding a proprietary interest in or the title to a motorboat. (b) "Owner" includes a person entitled to the use or possession of a motorboat subject to an interest by another person, reserved or created by agreement and securing payment or performance of an obligation. (c) "Owner" does not include a lessee under a lease not intended as security. (9) "Owner's or operator's security," "owner's security," or "operator's security" means any of the following: (a) an insurance policy or combination of policies conforming to Sections 31A-22-1502 and 31A-22-1503, which is issued by an insurer authorized to do business in Utah; (b) a surety bond issued by an insurer authorized to do a surety business in Utah in which the surety is subject to the minimum coverage limits and other requirements of policies conforming to Sections 31A-22-1502 and 31A-22-1503, which names the division as a creditor under the bond for the use of persons entitled to the proceeds of the bond; (c) a deposit with the state treasurer of cash or securities complying with Section 73-18c-305; (d) a certificate of self-funded coverage issued under Section 73-18c-306; or (e) a policy conforming to Sections 31A-22-1502 and 31A-22-1503 issued by the Risk Management Fund created in Section 63A-4-201. (10) "Personal watercraft" has the same meaning as provided in Section 73-18-2. (11) "Registration" means the issuance of the registration cards and decals issued under the laws of Utah pertaining to the registration of motorboats. (12) "Registration materials" means the evidences of motorboat registration, including all registration cards and decals. (13) "Self-insurance" has the same meaning as provided in Section 31A-1-301. (14) "Waters of the state" means any waters within the territorial limits of this state.
Utah Code § 73-10c-11 — Utah Code / Title 73 / Chapter 73-10c / § 73-10c-11
§ 73-10c-11. Actions related to coordination of growth and conservation planning.
Status: in_force

(1) (a) The council shall identify how different agencies may work together to assist the following in coordinating growth and conservation planning related to water: (i) municipalities, as defined in Section 10-1-104; (ii) counties; (iii) water conservancy districts, as defined in Section 17B-1-102; and (iv) public water systems, as defined in Section 19-4-102. (b) To comply with Subsection (1)(a), the council shall consider Sections 10-20-404, 17-79-403, 19-4-114, and 73-10-32. (2) The council shall identify incentives that are most effective to help the entities described in Subsection (1) to, where feasible: (a) develop and implement conservation plans; and (b) regionalize water systems.
Utah Code § 73-31-502 — Utah Code / Title 73 / Chapter 73-31 / § 73-31-502
§ 73-31-502. Delivery request for loaned water rights in water bank.
Status: in_force

(1) A borrower may use water from a water bank for any use within the water bank's service area consistent with the objectives in Section 73-31-104 and the conditions, if any, of the underlying approved change application. (2) A borrower shall make use of a banked water right by submitting a delivery request to the water bank that complies with the water bank's requirements. (3) The state engineer administratively supervises delivery of water to a borrower. The state engineer may: (a) review an approved delivery request at any point in time to ensure the delivery request complies with a state engineer order approving water rights for use in the water bank, established distribution procedures based on priority, or both; and (b) restrict delivery of loaned water rights if the approved delivery request causes impairment to other water users. (4) A water bank shall keep a daily accounting of loaned water rights. (5) A water bank shall refer known illegal water use actions to the state engineer's enforcement program pursuant to Section 73-2-25. (6) A water bank is responsible for the payment of all distribution costs assessed for the delivery of a banked water right under Section 73-5-1.
Utah Code § 73-18c-306 — Utah Code / Title 73 / Chapter 73-18c / § 73-18c-306
§ 73-18c-306. Certificate of self-funded coverage as proof of owner's or operator's security.
Status: in_force

(1) The division may, upon the application of any person, issue a certificate of self-funded coverage when it is satisfied that the person has: (a) more than 24 motorboats; and (b) on deposit, in a form approved by the division, cash or securities in an amount of $200,000 plus $100 for each motorboat up to and including 1,000 motorboats and $50 for each motorboat over 1,000 motorboats. (2) Persons holding a certificate of self-funded coverage under this chapter shall pay benefits to persons injured from the self-funded person's operation, maintenance, and use of motorboats as would an insurer issuing a policy to the self-funded person containing the coverages under Sections 31A-22-1502 and 31A-22-1503. (3) In accordance with Title 63G, Chapter 4, Administrative Procedures Act, the division may, upon reasonable grounds, cancel the certificate. Failure to pay any judgment up to the limit under Subsection 31A-22-1503(2) within 30 days after the judgment is final is a reasonable ground to cancel the certificate. (4) Any government entity with self-funded coverage for government-owned motorboats under Title 63G, Chapter 7, Governmental Immunity Act of Utah, meets the requirements of this section.
Utah Code § 73-3-26 — Utah Code / Title 73 / Chapter 73-3 / § 73-3-26
§ 73-3-26. Violations -- Penalty.
Status: in_force

(1) A person engaged in well drilling, as described in Subsection 73-3-25(1)(c), is guilty of a crime punishable under Section 73-2-27 if the person does not have a current license to engage in well drilling, as provided by this title. (2) Each day that a violation under Subsection (1) continues is a separate offense.
Utah Code § 73-22-6 — Utah Code / Title 73 / Chapter 73-22 / § 73-22-6
§ 73-22-6. Information required concerning resource development -- Confidentiality -- Regulation of wells -- Surety bonds -- Inspection.
Status: in_force

(1) The division may require a person to: (a) identify the location and ownership of a well or producing geothermal lease; (b) file with the division a notice of intent to drill, redrill, renovate, deepen, permanently alter the casing of, test, maintain, or abandon any well and obtain the division's approval of the notice of intent before the person commences operations; (c) subject to Subsection (4), keep a well log or record and file a copy of the well log or record with the division; (d) space, drill, case, test, operate, produce, or abandon a well so as to prevent: (i) a geothermal resource, water, gas, or other fluid from escaping into strata: (A) other than the strata in which the resource, water, gas, or fluid is found; and (B) unless in accordance with a subsurface injection program approved by the division; (ii) pollution of surface and groundwater; (iii) premature cooling of a geothermal system by water encroachment or otherwise that tends to reduce the ultimate economic recovery of the geothermal resource; (iv) a blowout, cave-in, or seepage; and (v) unreasonable disturbance or injury to neighboring properties, prior water rights, human life, health, and the environment; (e) subject to Subsection (2), if an operator, file an individual surety bond with the division for a new well drilled or an abandoned well redrilled; (f) if an owner or operator, measure geothermal production according to standards set by the division and maintain complete and accurate production records or certified copies of the records that the owner or operator: (i) keeps for a period of five years; and (ii) makes available for examination by the division at reasonable times; and (g) file with the division any other reasonable report that the division requires regarding geothermal operations within the state. (2) (a) With the consent of the division, a person may terminate or cancel a surety bond filed with the division in conformance with this chapter and relieve the surety of the obligations under the surety bond when the well or wells covered by the surety bond have been properly abandoned or another valid surety bond has been substituted for the surety bond. (b) The amount of surety bond required by this section shall be determined by the division to be a reasonable amount. (c) In lieu of an individual surety bond for separate wells, the operator may file a blanket surety bond in an amount set by the division to cover all the operator's drilling, redrilling, deepening, maintenance, or abandonment activities for wells. (d) An operator shall execute a surety bond filed with the division by the operator as principal and condition the surety bond on compliance with division regulations in drilling, redrilling, deepening, maintaining, or abandoning a well covered by the surety bond. (e) A surety bond filed with the division shall secure the state against losses, charges, and expenses incurred by the state to obtain the compliance described in Subsection (2)(d) by the principal named in the surety bond. (3) The division may enter onto private or public land at any time to inspect a well or geothermal resource development project to determine if the well or project is being constructed, operated, or maintained according to any applicable permits or to determine if the construction, operation, or maintenance of the well or project may involve an unreasonable risk to life, health, property, the environment or subsurface, surface, or atmospheric resources. (4) (a) A well log or record described in Subsection (1)(c) is a public record when filed with the division, unless the owner or operator requests, in writing, that the division holds the well log or record as protected in accordance with Subsection 63G-2-305(1) or (2) for a period established by the division, not to exceed the earlier of the following, as determined by the division: (i) five years from the date of production or injection for other than testing purposes; (ii) two years from the date of abandonment; or (iii) two years from the date of completion of a geothermal monitoring, exploration, investigation, or test well project that does not directly transition into production development. (b) A well log or record held protected by the division under Subsection (4)(a) is open to inspection by a person authorized in writing to inspect the well log or record by the owner or operator. (c) The status of a well log or record as protected under Subsection (4)(a) does not restrict inspection by: (i) a state officer charged with regulating well operations; or (ii) an authorized official of the State Tax Commission for purposes of tax assessment.
Utah Code § 73-10-20 — Utah Code / Title 73 / Chapter 73-10 / § 73-10-20
§ 73-10-20. Loans for water systems -- Legislative declaration -- Authority of Division of Water Resources to audit water data.
Status: in_force

The Legislature recognizes and declares that: (1) the development, protection, and maintenance of adequate and safe water supplies for human consumption is vital to public health, safety, and welfare; (2) there exists within the state a need to assist cities, towns, improvement districts, and special service districts in providing an adequate and safe water supply for those users from municipal and district systems; and (3) the acquisition or construction of systems and the improvement and extension of existing systems, based on proper planning and sound engineering, will not only provide safer water supplies, but will also serve to ensure that the water resources of the state are used in an efficient manner and will avoid wasteful practices.
Utah Code § 73-35-103 — Utah Code / Title 73 / Chapter 73-35 / § 73-35-103
§ 73-35-103. Transition into the department.
Status: in_force

7/1/2026 (1) A resolution of the authority in effect on June 30, 2026, remains in effect until changed by the authority under Section 73-35-209. (2) The authority within the department succeeds to a contract of the authority in effect on June 30, 2026.
Utah Code § 73-10g-204 — Utah Code / Title 73 / Chapter 73-10g / § 73-10g-204
§ 73-10g-204. Agricultural Water Optimization Account.
Status: in_force

(1) There is created a restricted account within the General Fund called the "Agricultural Water Optimization Account." (2) The account consists of: (a) appropriations from the Legislature; (b) federal funds; and (c) grants or donations from other public or private sources. (3) Subject to appropriation, the conservation commission may use money in the account to: (a) issue grants in accordance with Section 73-10g-206 to improve agricultural water optimization; and (b) fund research approved by the committee under Subsection 73-10g-205(7). (4) (a) The department shall maintain the account and record the debits and credits made to the account by the department. (b) The Office of the Treasurer shall deposit interest and other earnings derived from investment of money in the account into the account. (5) The department and the Department of Natural Resources may use money in the account for the administration of this part, except that the aggregate amount expended under this Subsection (5) may not exceed 1.5% of the money appropriated to the grant program described in Section 73-10g-206.
Utah Code § 73-23-6 — Utah Code / Title 73 / Chapter 73-23 / § 73-23-6
§ 73-23-6. Use of certain remaining construction funds.
Status: in_force

The division may use up to $25,000 of the remaining West Desert Pumping Project construction funds to conduct the activities specified in Section 73-23-5.
Utah Code § 73-10-26 — Utah Code / Title 73 / Chapter 73-10 / § 73-10-26
§ 73-10-26. Definitions -- Construction of a project by board -- Ownership and operation -- Transfer of a water right -- Purchase of a bond from an Indian tribe.
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) "Bond" means: (i) a written obligation to repay borrowed money, whether denominated a bond, note, warrant, certificate of indebtedness, or otherwise; and (ii) a lease agreement, installment purchase agreement, or other agreement that includes an obligation to pay money. (c) "Division" means the Division of Water Resources created in Section 73-10-18. (d) "Project" means a facility, works, or other real or personal property that: (i) conserves or develops the water or hydroelectric power resources of the state; or (ii) controls flooding. (2) (a) The board, through the division, may construct a project. (b) An electric public utility or a municipality of the state may construct an electrical facility incidental to a project. (c) If the state constructs the electrical facility, the state must first offer the power and energy derived from the hydroelectric generating project to an electric public utility or municipality in the state for distribution to electric consumers. (3) (a) The board, through the division, may consider a flood control project in the same manner and apply the same procedures and rules as the board would consider or apply to another project within its statutory authority. (b) If funds controlled by the board are to be used for the flood control project, the planning of the project is subject to the review of the board. (c) If the flood control project is authorized for construction, the plans, specifications, and construction supervision shall be undertaken as prescribed by the board. (4) The board may enter into an agreement for the construction or financing of a project financed with money from the Water Resources Conservation and Development Fund with another state, the federal government, a political subdivision of the state, an Indian tribe, or a private corporation. (5) (a) (i) Except as provided by Subsections (5)(a)(ii) and (b), title to a project, including a water right, constructed or acquired with money from the Water Resources Conservation and Development Fund is vested in the state. (ii) The board may take a bond legally issued by the project sponsor in lieu of or in addition to taking title to the project and water right. (b) If an Indian tribe sponsors a project, the board may take a bond legally issued by the tribe, to the extent that federal law allows the tribe to issue a bond, in lieu of taking title to the project and water right, if the tribe: (i) waives the defense of sovereign immunity regarding the bond issue in an action arising out of the issuance or default under the bond; and (ii) agrees in writing that it will not challenge state court jurisdiction over any litigation resulting from default on its obligation in the transaction. (c) Before entering into an agreement with or purchasing a bond from a tribe, the board shall: (i) require that the tribe obtain the written approval of the Secretary of the United States Department of the Interior or the secretary's designee to all aspects of the agreement or bond; (ii) obtain a legal opinion from a recognized bond counsel certifying: (A) that the tribe has legal authority to: (I) enter into the agreement; or (II) issue the bond; (B) that the pledge of an asset or revenue by the tribe as security for the payments under the agreement or bond is a valid and legally enforceable pledge; and (C) that the agreement or bond may be enforced in a court of general jurisdiction in the state; and (iii) determine whether it has sufficient legal recourse against the tribe and against a security pledged by the tribe in the event of default. (6) (a) The board may own and operate a project if: (i) the project is consistent with the plan adopted by the board; and (ii) in the opinion of the board the ownership and operation of the project by the board is in the best interest of the state. (b) In the ownership and operation of a project referred to in Subsection (6)(a), the board shall use a water right held in its name under authority of Section 73-10-19. (c) (i) The board may enter into a contract with another state, the federal government, a political subdivision of the state, an Indian tribe, or a private corporation for operation, maintenance, and administration of the project. (ii) The board may pay the contracting agency a reasonable sum for operation, maintenance, and administration of the project. (7) (a) The board may also: (i) enter into an agreement in which title to a project is conveyed to a cooperating project sponsor after charges assessed against the project have been paid to the state in accordance with the terms of the construction agreement or amendment to the agreement; (ii) make the water and power available to the state's citizens who are, in the board's opinion, best able to use the water and power: (A) that is conserved by the project; and (B) to which the state has title; (iii) enter into a contract for the use of the water and power with an individual or an organization composed of the state's citizens; and (iv) assess a reasonable fee against a person using water and power from a project. (b) The amount collected over the amount to be returned to the state for payment of the principal, interest, and maintenance of the project shall be deposited in the Water Resources Conservation and Development Fund as established by Section 73-10-24. (8) The board shall retain ownership of a water right used for a project owned and operated by the board unless: (a) the water right originally held by a cooperating project sponsor is conveyed to the project sponsor upon payment to the state of charges assessed against the project in accordance with the terms of the construction agreement or an amendment to the agreement; or (b) the board transfers an unperfected water right held by the board that is not being used in a state-owned project to a political subdivision of the state, an agency of the federal government, or a nonprofit water company. (9) A transfer of the board's water right shall be made to the entity that is best able to use the water right for the benefit of the state's citizens.
Utah Code § 73-3-17 — Utah Code / Title 73 / Chapter 73-3 / § 73-3-17
§ 73-3-17. Certificate of appropriation -- Evidence.
Status: in_force

(1) Upon the satisfaction of the state engineer that an appropriation, a permanent change of point of diversion, place or purpose of use, or a fixed time change authorized by Section 73-3-30 has been perfected in accordance with the application, and that the water appropriated or affected by the change has been put to a beneficial use, as required by Section 73-3-16 or 73-3-30, or demonstrated to be saved water, as defined in Section 73-3-3, the state engineer shall issue a certificate, in duplicate, setting forth: (a) the name and post-office address of the person by whom the water is used; (b) the quantity of water in acre-feet or the flow in second-feet appropriated and, if applicable, the quantity of saved water, as defined in Section 73-3-3; (c) the purpose for which the water is used; (d) the time during which the water is to be used each year; (e) the name of the stream or water source: (i) from which the water is diverted; or (ii) within which an instream flow is maintained; (f) the date of the appropriation or change; and (g) other information that defines the extent and conditions of actual application of the water to a beneficial use. (2) A certificate issued on an application for one of the following types of projects need show no more than the facts shown in the proof submitted under Section 73-3-16: (a) a project constructed according to Chapter 10, Board of Water Resources - Division of Water Resources; (b) a federal project constructed by the United States Bureau of Reclamation, referred to in Section 73-3-16; and (c) a surface water storage facility in excess of 1,000 acre-feet constructed by a public water supplier. (3) A certificate issued under this section does not: (a) extend the rights described in the application; or (b) constitute a determination by the state engineer as to whether the perfected appropriation or change has or may result in interference, impairment, injury, or other harm to another water right. (4) Failure to file proof of appropriation or proof of change of the water on or before the date set for the filing causes the application to lapse. (5) (a) One copy of a certificate issued under this section shall be filed in the office of the state engineer and the other copy shall be delivered to the appropriator or to the person making the change who may record the certificate in the office of the county recorder of the county in which the water is diverted from the natural stream or source. (b) The state engineer is not required to deliver a copy of a certificate issued under this section to a person other than the appropriator or the person making the change. (6) The certificate issued under this section is prima facie evidence of the owner's right to use the water in the quantity, for the purpose, at the place, and during the time specified in the certificate, subject to prior rights.
Utah Code § 73-10d-3 — Utah Code / Title 73 / Chapter 73-10d / § 73-10d-3
§ 73-10d-3. Definitions.
Status: in_force

As used in this chapter: (1) "Agreement" means a short-term agreement or a long-term agreement. (2) "Bonds" means obligations issued by a municipality or a county under Title 11, Chapter 17, Utah Industrial Facilities and Development Act, and the provisions of this chapter. (3) "Cost" means, with respect to any privatization project or facility related thereto, without limitation: (a) all costs of designing, planning, acquiring, constructing, reconstructing, modifying, improving, maintaining, equipping, extending, furnishing, and placing in service any privatization project, including architectural, planning, engineering, legal, and fiscal advisors' fees or costs, and any costs incident to the acquisition of any necessary property, easement, or right-of-way; (b) any costs incurred for preliminary planning to determine the economic or engineering feasibility of a proposed privatization project, including, without limitation, costs of economic investigations and studies, surveys, preparation of designs, plans, working drawings, specifications, and inspection and supervision of the construction of any facility; (c) all costs incident to the purchase, installation, or financing of equipment, machinery, and other personal property required by a privatization project; (d) all costs incident to the authorization and issuance of bonds, including accountants' fees, attorneys' fees, financial advisors' fees, underwriting fees, including bond discount, and other professional services and printing costs; (e) all costs incident to the establishment and funding of appropriate reserve funds; and (f) interest estimated to accrue on any bonds issued to finance a privatization project for a reasonable period of time prior to construction, during construction, and for a reasonable period of time after construction. (4) "Drinking water project" means any work or facility necessary or desirable to provide water for human consumption and other domestic uses which has at least 15 service connections or serves an average of 25 individuals daily for at least 60 days of the year and includes collection, treatment, storage, and distribution facilities under the control of the private owner/operator and used primarily with the work or facility, and collection, pretreatment, or storage facilities used primarily in connection with the work or facility but not under the control of the private owner/operator, and any related structures and facilities. (5) "Facility" means any structure, building, machinery, system, land, water right, or other property necessary or desirable to provide the services contemplated by a privatization project, including, without limitation, all related and appurtenant easements and rights-of-way, improvements, utilities, landscaping, sidewalks, roads, curbs and gutters, and equipment and furnishings. (6) "Governing authority" means the persons, board, body, or entity in which the legislative powers of a political subdivision are vested. (7) "Governing body" means the body in which the general legislative powers of a municipality or county are vested. (8) "Long-term agreement" means an agreement or contract having a term of more than five years and less than 50 years. (9) "Municipality" means any incorporated city or town in the state, including cities or towns operating under home rule charters. (10) "Political subdivision" means the state or any municipality, county improvement district, water conservancy district, special service district, drainage district, metropolitan water district, irrigation district, separate legal or administrative entity created under the Interlocal Cooperation Act, or any other entity constituting a political subdivision under the laws of the state. (11) "Private owner/operator" means a person that is not a political subdivision and which owns and operates a privatization project. (12) "Privatization project" means all or part of any drinking water, water, or wastewater project which is owned or operated by a private owner/operator, and provides the related services to political subdivisions. (13) "Short-term agreement" means any contract or agreement having a term of five years or less. (14) "Supervising agency" means the Water Development Coordinating Council created in Section 73-10c-3. (15) "Wastewater project" means any sewer, sewage system, sewage treatment facility, lagoon, sewage collection facility and system and related pipelines, and all similar systems, works, and facilities necessary or desirable to collect, hold, cleanse, or purify any sewage or other polluted waters of this state, and related structures and facilities. (16) "Water project" means any work or facility necessary or desirable to conserve, develop, protect, or treat the waters of this state including, without limitation, any reservoir, diversion dam, electrical generation system, irrigation dam and system, culinary water system, water work, water treatment facility, canal, ditch, artesian well, aqueduct, pipeline, conduit, drain, tunnel, and related structures and facilities. (17) "Waters of this state" means any stream, lake, pond, marsh, watercourse, waterway, well, spring, irrigation system, drainage system, or other body or accumulation of water, whether surface, underground, natural, artificial, public or private, or other water resource of the state, which is contained within or flows in or through the state.
Utah Code § 73-10-2 — Utah Code / Title 73 / Chapter 73-10 / § 73-10-2
§ 73-10-2. Board of Water Resources -- Members -- Appointment -- Terms -- Vacancies.
Status: in_force

(1) The Board of Water Resources shall be comprised of nine members to be appointed by the governor with the advice and consent of the Senate in accordance with Title 63G, Chapter 24, Part 2, Vacancies. (2) Subject to Section 79-2-203, the Board of Water Resources shall consist of: (a) one member appointed from each of the following districts: (i) Bear River District, comprising the counties of Box Elder, Cache, and Rich; (ii) Weber District, comprising the counties of Weber, Davis, Morgan, and Summit; (iii) Salt Lake District, comprising the counties of Salt Lake and Tooele; (iv) Provo River District, comprising the counties of Juab, Utah, and Wasatch; (v) Sevier River District, comprising the counties of Millard, Sanpete, Sevier, Piute, and Wayne; (vi) Green River District, comprising the counties of Daggett, Duchesne, and Uintah; (vii) Upper Colorado River District, comprising the counties of Carbon, Emery, Grand, and San Juan; and (viii) Lower Colorado River District, comprising the counties of Beaver, Garfield, Iron, Washington, and Kane; and (b) one member that represents the interests of the Great Salt Lake. (3) (a) Except as required by Subsection (3)(b), all appointments shall be for terms of four years. (b) Notwithstanding the requirements of Subsection (3)(a), the governor shall, at the time of appointment or reappointment, adjust the length of terms to ensure that the terms of board members are staggered so that approximately half of the board is appointed every two years. (c) When a vacancy occurs in the membership for any reason, the governor shall appoint a replacement member for the unexpired term, with the advice and consent of the Senate, who: (i) is from the same district as the individual leaving the board; or (ii) if the individual leaving the board is appointed under Subsection (2)(b), represents the interests of the Great Salt Lake. (4) 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. (5) A member shall comply with the conflict of interest provisions described in Title 63G, Chapter 24, Part 3, Conflicts of Interest.
Utah Code § 73-3-27 — Utah Code / Title 73 / Chapter 73-3 / § 73-3-27
§ 73-3-27. Requests for segregation or consolidation.
Status: in_force

(1) (a) Upon written request, the state engineer shall segregate into two or more parts the following in the state engineer's records: (i) an application to: (A) under Section 73-3-2, appropriate water; or (B) under Section 73-3-3, permanently change: (I) the point of diversion; (II) the place of water use; or (III) the purpose of water use; and (ii) a water right for which: (A) the state engineer has issued a certificate according to Section 73-3-17; (B) a court has entered a judgment according to Section 73-4-15; and (C) a person has filed a claim according to Section 73-5-13. (b) A person shall: (i) submit the request authorized by Subsection (1)(a) on a form furnished by the state engineer; and (ii) include: (A) the water right number to be segregated; (B) the name and post-office address of the owner of the application or water right; (C) a statement of the nature of the proposed segregation; (D) the reasons for the proposed segregation; and (E) other information the state engineer may require to accomplish the segregation. (c) Notwithstanding Subsection (1)(a): (i) a person may not segregate saved water, as defined in Section 73-3-3, from the underlying water right that serves as the basis of the saved water, except in accordance with rules made under Section 73-2-1 and Title 63G, Chapter 3, Utah Administrative Rulemaking Act; and (ii) a person may not segregate a dedicated water application, as defined in Section 73-3-30.3, from the underlying water right or application that serves as the basis of the dedicated water application. (2) (a) An action taken by the state engineer on an application or water right before segregation is applicable in all respects to the segregated parts of the application or water right. (b) After the state engineer segregates the application or water right, each segregated part is a separate application or water right in the state engineer's records. (c) The segregation of an application or a water right in the state engineer's records does not: (i) confirm the validity or good standing of the segregated parts of the application or water right; or (ii) extend the time for the construction of works for an application. (3) Upon written request, the state engineer may consolidate two or more applications or water rights if the applications or water rights: (a) are from the same source; (b) have the same priority date; and (c) are sufficiently consistent in definition that the consolidated application or water right may be described without referring to the characteristics of the individual application or water right that existed before consolidation.
Utah Code § 73-4-16 — Utah Code / Title 73 / Chapter 73-4 / § 73-4-16
§ 73-4-16. Appeals.
Status: in_force

(1) There is a right of appeal from a final judgment of the district court to the Supreme Court as provided in Section 78A-3-102. (2) (a) There is a right of appeal to the Supreme Court from a district court order, judgment, or decree that resolves an objection filed in accordance with Section 73-4-9.5 or 73-4-11. (b) The entry of a decree for a general adjudication area, division, or subdivision described in Section 73-4-1 is not a prerequisite to exercise the right to appeal described in Subsection (2)(a). (3) The appeal shall be upon the record made in the district court, and may as in equity cases be on questions of both law and fact.
Utah Code § 73-18-15 — Utah Code / Title 73 / Chapter 73-18 / § 73-18-15
§ 73-18-15. Division to adopt rules concerning water skiing and aquaplane riding and use of other devices towed behind a vessel.
Status: in_force

The division, after notifying the commission, shall adopt rules for the regulation and safety of water skiing and aquaplane riding, and the use of other devices that are towed behind a vessel pursuant to this section and in accordance with Section 73-18-16.
Utah Code § 73-29-103 — Utah Code / Title 73 / Chapter 73-29 / § 73-29-103
§ 73-29-103. Declarations.
Status: in_force

The Legislature declares: (1) the Utah Constitution's specific private property protections, including recognition of the inalienable right to acquire, possess, and protect property and the prohibition on taking or damaging private property for public use without just compensation, protect against government's broad recognition or grant of a public recreation easement to access or use public water on private property; (2) general constitutional and statutory provisions declaring public ownership of water and recognizing existing rights of use are insufficient to overcome the specific constitutional protections for private property and do not justify inviting widespread unauthorized invasion of private property for recreation purposes where public access has never existed or has not existed for a sufficient period and under the conditions required to support recognition under this chapter; (3) whether, or to what extent, a public easement exists for recreational use of public waters on private property is uncertain after judicial decisions in the cases of J.J.N.P. Co. v. State, 655 P.2d 1133 (Utah 1982) and Conatser v. Johnson, 194 P.3d 897 (Utah 2008), which decisions did not address the constitutional prohibition on taking or damaging private property without just compensation; (4) legislative failure to provide guidance before, coupled with legislative inaction after the 1982 decision in J.J.N.P. Co. v. State form a compelling foundation for the Legislature to affirm a limited right to float on the water without violating the constitutional protections of the underlying private property; (5) the real and substantial invasion of private property rights did not occur with recognition of the right to float on water that passes over the land, but with the right, first recognized in Conatser v. Johnson, to physically occupy the land for an indeterminate time and for a wide range of activities by the public against the owner's will and without just compensation; (6) its intent to foster restoration of the accommodation existing between recreational users and private property owners before the decision in Conatser v. Johnson, affirm a floating right recognized by the court in J.J.N.P. Co. v. State, and recognize adverse use as a constitutionally sound and manageable basis for establishing a limited right of public recreational access on private property in accordance with this chapter.
Utah Code § 73-10g-207 — Utah Code / Title 73 / Chapter 73-10g / § 73-10g-207
§ 73-10g-207. Public information and reporting.
Status: in_force

(1) The department shall, in coordination with the division and the Division of Water Rights, annually compile and publish a report on: (a) completed projects; (b) saved water made available from agricultural water optimization projects; and (c) the effectiveness of the agricultural water optimization funding programs established by this part. (2) On or before November 30 of each year, the committee, the department, and the Division of Water Rights shall jointly present the annual report to: (a) the Legislative Water Development Commission; (b) the Natural Resources, Agriculture, and Environment Interim Committee; (c) the Utah Water Task Force within the Department of Natural Resources; and (d) the Utah Watersheds Council. (3) The department shall publish reports from research described in Subsection 73-10g-205(7).
Utah Code § 73-5-7 — Utah Code / Title 73 / Chapter 73-5 / § 73-5-7
§ 73-5-7. Inspection of ditches and diverting works by engineer.
Status: in_force

(1) (a) The state engineer shall have authority to examine and inspect any ditch or other diverting works, and at the time of such inspection, the state engineer may order the owners thereof to make any addition or alteration that the state engineer considers necessary for the security of such works, the safety of persons, or the protection of property. (b) If any person, firm, copartnership, association, or corporation refuses or neglects to comply with the requirements of the state engineer as described in Subsection (1)(a), the state engineer may bring action in the name of the state in the district court to enforce the order. (2) (a) The state engineer shall, to the extent reasonably practicable, by July 1, 2019, inventory and maintain a list of all open, human-made water conveyance systems that carry 5 cubic feet per second or more in the state, including the following information on each conveyance system: (i) alignment; (ii) contact information of the owner; (iii) maximum flow capacity in cubic feet per second; (iv) whether the conveyance system is used for flood or storm water management; and (v) notice of the adoption of a management plan for the conveyance system as reported to the Division of Water Resources under Section 73-10-33. (b) In counties of the first or second class, the state engineer shall include in the inventory described in Subsection (2)(a) any enclosed segments of each open, human-made water conveyance system. (3) The owner of an open, human-made water conveyance system that carries 5 cubic feet per second or more shall inform the state engineer if the information described in Subsection (2) changes. (4) The state engineer: (a) may contract with a local conservation district created in Title 17D, Chapter 3, Conservation District Act, to fulfill the duties described in Subsection (2); and (b) may contract a local conservation district created in Title 17D, Chapter 3, Conservation District Act, to provide technical support for a canal owner who is adopting a management plan, as described in Section 73-10-33.
Utah Code § 73-2-27 — Utah Code / Title 73 / Chapter 73-2 / § 73-2-27
§ 73-2-27. Criminal penalties.
Status: in_force

(1) This section applies to offenses committed under: (a) Section 73-1-14; (b) Section 73-1-15; (c) Section 73-2-20; (d) Section 73-3-3; (e) Section 73-3-26; (f) Section 73-3-29; (g) Section 73-5-9; (h) Section 76-9-1202; (i) Section 76-9-1203; and (j) Section 76-9-1204. (2) Under circumstances not amounting to an offense with a greater penalty under Subsection 76-6-106(2)(a)(ii), Section 76-6-106.3, or Section 76-6-404, violation of a provision listed in Subsection (1) is punishable: (a) as a felony of the third degree if: (i) the value of the water diverted or property damaged or taken is $2,500 or greater; and (ii) the person violating the provision has previously been convicted of violating the same provision; (b) as a class A misdemeanor if: (i) the value of the water diverted or property damaged or taken is $2,500 or greater; or (ii) the person violating the provision has previously been convicted of violating the same provision; or (c) as a class B misdemeanor if Subsection (2)(a) or (b) does not apply.
Utah Code § 73-35-304 — Utah Code / Title 73 / Chapter 73-35 / § 73-35-304
§ 73-35-304. Authority consultation with river commissioner.
Status: in_force

7/1/2026 (1) The river commissioner shall consult with the authority in exercising the powers and performing the duties of the river commissioner enumerated in this chapter. (2) The river commissioner shall report and make recommendations to the authority at the request of the authority or when the river commissioner considers proper. (3) The purpose of consulting with and reporting to the authority is to safeguard and protect the rights and interests of Utah, Utah's agencies, and Utah's citizens in respect of the waters of the Colorado River system.
Utah Code § 73-3b-206 — Utah Code / Title 73 / Chapter 73-3b / § 73-3b-206
§ 73-3b-206. Proof of completion, certification, or lapse of recovery permit.
Status: in_force

(1) Sixty days before the date on which the recovery permit will lapse under Subsection (3), the state engineer shall notify the applicant by mail, or send notice electronically if receipt is verifiable, when proof of completion is due. (2) (a) Before the date on which the recovery permit will lapse under Subsection (3), the applicant shall file proof of completion with the state engineer on a form furnished by the state engineer, which shall include documentation and a map prepared by a Utah licensed land surveyor or Utah licensed professional engineer that shows: (i) the location and description of the recovery works constructed; (ii) the method of recovering the artificially recharged water; (iii) the facilities in place to recover and deliver the recovered water; and (iv) the purpose and place of use of the recovered water. (b) The state engineer may waive the filing of a map, profile, or drawing, if in the state engineer's opinion the written proof of completion adequately describes the works and the nature and extent of the recovery project. (c) The completed proof shall conform to a rule established by the state engineer. (3) A recovery permit will lapse if the recovery project is not completed within five years from the date of the recovery permit application's approval unless: (a) the applicant requests an extension of time to complete the recovery project; and (b) the state engineer approves the extension of time. (4) (a) The state engineer shall issue a recovery certificate if the recovery permittee has demonstrated to the state engineer's satisfaction that: (i) the recovery project is perfected in accordance with the recovery permit; and (ii) water is being recovered. (b) The recovery certificate shall include: (i) the name and post office address of the recovery permittee; (ii) the works used to recover and deliver recovered water; and (iii) other information that defines the extent and conditions of the recovery permit. (c) A recovery certificate issued for a recovery permit need show no more than the facts shown in the proof of completion. (d) A recovery certificate issued under this section does not extend the rights described in the recovery permit. (e) (i) The state engineer shall: (A) retain and file one copy of the recovery certificate; and (B) deliver one copy of the recovery certificate to the recovery permittee. (ii) A recovery permittee shall file the recovery certificate with the county recorder of the county in which the water is recovered. (f) The recovery certificate issued and filed under this section is prima facie evidence of the recovery permittee's right to the recovered water for the purpose, at the place, and during the time specified in the recovery certificate.
Utah Code § 73-3-1.5 — Utah Code / Title 73 / Chapter 73-3 / § 73-3-1.5
§ 73-3-1.5. Capture and storage of precipitation.
Status: in_force

(1) As used in this section, "parcel" means an identifiable contiguous unit of property that is treated as separate for valuation or zoning purposes and includes an improvement on that unit of property. (2) Notwithstanding Section 73-3-2, a person may: (a) directly capture and store precipitation on a parcel owned or leased by the person in accordance with Subsection (3) or (4); and (b) place the water captured and stored as provided in Subsection (2)(a) to beneficial use on the parcel on which the water is captured and stored. (3) After registering for the capture and storage of precipitation in accordance with Subsection (5), a person may collect and store precipitation in a container installed in accordance with the State Construction Code or an approved code under Title 15A, State Construction and Fire Codes Act, if: (a) for a person who uses only one container on a parcel, the total capacity of the container is no more than 2,500 gallons; or (b) for a person who uses more than one container on a parcel, the aggregate capacity of the containers is no more than 2,500 gallons. (4) A person may collect and store precipitation, without registering under Subsection (5), in no more than two covered storage containers if neither covered storage container has a maximum storage capacity of greater than 100 gallons. (5) (a) The state engineer shall provide a website on which a person may register as required by Subsection (3). (b) To register, a person shall complete information required by the state engineer including the: (i) name and address of the person capturing or storing precipitation; (ii) total capacity of all containers storing precipitation; and (iii) street address or other suitable description of the location where precipitation is to be captured and stored. (6) Beneficial use of water under Subsection (2)(b) does not constitute a water right and may not be: (a) changed under Section 73-3-3; (b) assigned; or (c) consolidated with a water right. (7) A person who beneficially uses water under Subsection (2)(b) shall comply with: (a) state law; and (b) local health and safety rules and regulations.
Utah Code § 73-18-10 — Utah Code / Title 73 / Chapter 73-18 / § 73-18-10
§ 73-18-10. Owner of boat livery -- Duties.
Status: in_force

(1) (a) The owner of a boat livery shall keep a record of the following: (i) the name and address of the person hiring a vessel; (ii) the identification number of the vessel; (iii) the date on which and the bodies of water on which the vessel is launched; (iv) the vessel's departure date and time; and (v) the vessel's expected time of return. (b) The owner of a boat livery shall keep a record described in Subsection (1)(a) for at least one year. (2) Neither the owner of a boat livery nor the owner's agent, independent contractor, or employee may permit a vessel to depart from the premises of the boat livery unless the owner: (a) equips the vessel as required under this chapter; and (b) advises the lessee or renter of the vessel of the rules made under this chapter that the lessee or renter shall obey. (3) The owner of a boat livery and the owner's agent, independent contractor, or employee shall comply with Section 23A-10-306.
Utah Code § 73-2-10 — Utah Code / Title 73 / Chapter 73-2 / § 73-2-10
§ 73-2-10. Knowledge of waterways and irrigation -- Suggestions as to amendment or enactment of laws.
Status: in_force

The state engineer shall become conversant with the waterways of the state and its needs as to irrigation matters; and the state engineer shall make such suggestions as to the amendment of existing laws or the enactment of new laws as the state engineer's information and experience shall suggest.
Utah Code § 73-4-13 — Utah Code / Title 73 / Chapter 73-4 / § 73-4-13
§ 73-4-13. In case of contest -- Notice of hearing.
Status: in_force

If any contest or objection on the part of any claimant shall have been filed, as in this chapter provided, the court shall give not less than 15 days' notice to all claimants, stating when and where the matter will be heard.
Utah Code § 73-18a-14 — Utah Code / Title 73 / Chapter 73-18a / § 73-18a-14
§ 73-18a-14. Violation of chapter as class B misdemeanor.
Status: in_force

Unless otherwise specified, any person who violates any provision of this chapter or rule promulgated under this chapter is guilty of a class B misdemeanor.
Utah Code § 73-1-2 — Utah Code / Title 73 / Chapter 73-1 / § 73-1-2
§ 73-1-2. Unit of measurement -- Of flow -- Of volume.
Status: in_force

The standard unit of measurement of the flow of water shall be the discharge of one cubic foot per second of time, which shall be known as a second-foot; and the standard unit of measurement of the volume of water shall be the acre-foot, being the amount of water upon an acre covered one foot deep, equivalent to 43,560 cubic feet.
Utah Code § 73-10-25 — Utah Code / Title 73 / Chapter 73-10 / § 73-10-25
§ 73-10-25. Contents of fund -- Investment -- Contributions -- Transfers.
Status: in_force

(1) The Water Resources Conservation and Development Fund consists of: (a) money appropriated to it by the Legislature; (b) money received from the sale of project water and power, less operating and maintenance costs; (c) annual payments on contracts for projects constructed under Section 73-10-24 or the State Water Conservation Program; (d) other money or tax revenues designated by the Legislature to be credited to the Water Resources Conservation and Development Fund; and (e) money transferred from the Water Infrastructure Fund in accordance with Subsection 73-10g-603(1)(f). (2) Money deposited into the Water Resources Conservation and Development Fund shall be invested by the state treasurer with interest accruing to the Water Resources Conservation and Development Fund, except for payments, if any, necessary to comply with Section 148(f), Internal Revenue Code of 1986. (3) A contribution of money, property, or equipment may be received from a political subdivision of the state, federal agency, water users' association, or person for use in carrying out the purposes of Section 73-10-24. (4) Notwithstanding Subsection (1), the division shall transfer a payment on a loan to the Water Infrastructure Restricted Account, created in Section 73-10g-103, if the loan: (a) is issued from the Water Resources Conservation and Development Fund on or after July 1, 2023; and (b) relates to a project described in Subsection 73-10g-104(4). (5) The Board of Water Resources may direct the transfer of money out of the Water Resources Conservation and Development Fund to the Water Infrastructure Fund in accordance with Section 73-10g-107.
Utah Code § 73-11-4 — Utah Code / Title 73 / Chapter 73-11 / § 73-11-4
§ 73-11-4. School and Institutional Trust Lands Administration to vote stock of consolidated district.
Status: in_force

In the event it is necessary for the consolidated corporation to borrow money for consolidation expenses, repairs, improvements, and operation, and to pay the indebtedness of the Price River water conservation district or any of the constituent companies, and to pledge or mortgage all or any part of the assets and properties of the consolidated corporation as security therefor, the School and Institutional Trust Lands Administration is authorized to vote the stock of the state in favor of the action, providing it considers the action to be in the best interest of all the constituent parties.
Utah Code § 73-16-2 — Utah Code / Title 73 / Chapter 73-16 / § 73-16-2
§ 73-16-2. Text of compact.
Status: in_force

The text of the Bear River Compact is as follows:AMENDED BEAR RIVER COMPACTThe State of Idaho, the State of Utah and the State of Wyoming, acting through their respective Commissioners after negotiations participated in by a representative of the United States of America appointed by the President, have agreed to an Amended Bear River Compact as follows:ARTICLE IA. The major purposes of this Compact are to remove the causes of present and future controversy over the distribution and use of the waters of the Bear River; to provide for efficient use of water for multiple purposes; to permit additional development of the water resources of Bear River; to promote interstate comity; and to accomplish an equitable apportionment of the waters of the Bear River among the compacting States.B. The physical and all other conditions peculiar to the Bear River constitute the basis for this Compact. No general principle or precedent with respect to any other interstate stream is intended to be established.ARTICLE IIAs used in this Compact the term1. "Bear River" means the Bear River and its tributaries from its source in the Uinta Mountains to its mouth in Great Salt Lake;2. "Bear Lake" means Bear Lake and Mud Lake;3. "Upper Division" means the portion of Bear River from its source in the Uinta Mountains to and including Pixley Dam, a diversion dam in the Southeast Quarter of Section 25, Township 23 North, Range 120 West, Sixth Principal Meridian, Wyoming;4. "Central Division" means the portion of Bear River from Pixley Dam to and including Stewart Dam, a diversion dam in Section 34, Township 13 South, Range 44 East, Boise Base and Meridian, Idaho;5. "Lower Division" means the portion of the Bear River between Stewart Dam and Great Salt Lake, including Bear Lake and its tributary drainage;6. "Upper Utah Section Diversions" means the sum of all diversions in second-feet from the Bear River and the tributaries of the Bear River joining the Bear River upstream from the point where the Bear River crosses the Utah-Wyoming State line above Evanston, Wyoming; excluding the diversions by the Hilliard East Fork Canal, Lannon Canal, Lone Mountain Ditch, and Hilliard West Side Canal;7. "Upper Wyoming Section Diversions" means the sum of all diversions in second-feet from the Bear River main stem from the point where the Bear River crosses the Utah-Wyoming State line above Evanston, Wyoming, to the point where the Bear River crosses the Wyoming-Utah State line east of Woodruff, Utah, and including the diversions by the Hilliard East Fork Canal, Lannon Canal, Lone Mountain Ditch, and Hilliard West Side Canal;8. "Lower Utah Section Diversions" means the sum of all diversions in second-feet from the Bear River main stem from the point where the Bear River crosses the Wyoming-Utah State line east of Woodruff, Utah, to the point where the Bear River crosses the Utah-Wyoming State line northeast of Randolph, Utah;9. "Lower Wyoming Section Diversions" means the sum of all diversions in second-feet from the Bear River main stem from the point where the Bear River crosses the Utah-Wyoming State line northeast of Randolph to and including the diversion at Pixley Dam;10. "Commission" means the Bear River Commission, organized pursuant to Article III of this Compact;11. "Water user" means a person, corporation, or other entity having a right to divert water from the Bear River for beneficial use;12. "Second-foot" means a flow of one cubic foot of water per second of time passing a given point;13. "Acre-foot" means the quantity of water required to cover one acre to a depth of one foot, equivalent to 43,560 cubic feet;14. "Biennium" means the 2-year period commencing on October 1 of the first odd-numbered year after the effective date of this Compact and each 2-year period thereafter;15. "Water year" means the period beginning October 1 and ending September 30 of the following year;16. "Direct flow" means all water flowing in a natural watercourse except water released from storage or imported from a source other than the Bear River watershed;17. "Border Gaging Station" means the stream flow gaging station in Idaho on the Bear River above Thomas Fork near the Wyoming-Idaho boundary line in the Northeast Quarter of the Northeast Quarter of Section 15, Township 14 South, Range 46 East, Boise Base and Meridian, Idaho;18. "Smiths Fork" means a Bear River tributary which rises in Lincoln County, Wyoming, and flows in a general southwesterly direction to its confluence with Bear River near Cokeville, Wyoming;19. "Grade Creek" means a Smiths Fork tributary which rises in Lincoln County, Wyoming, and flows in a westerly direction and in its natural channel is tributary to Smiths Fork in Section 17, Township 25 North, Range 118 West, Sixth Principal Meridian, Wyoming;20. "Pine Creek" means a Smiths Fork tributary which rises in Lincoln County, Wyoming, emerging from its mountain canyon in Section 34, Township 25 North, Range 118 West, Sixth Principal Meridian, Wyoming, and its natural channel is tributary to Smiths Fork in Section 36, Township 25 North, Range 119 West, Sixth Principal Meridian, Wyoming;21. "Bruner Creek" and "Pine Creek Springs" means Smiths Fork tributaries which rise in Lincoln County, Wyoming, in Sections 31 and 32, Township 25 North, Range 118 West, Sixth Principal Meridian, and in their natural channels are tributary to Smiths Fork in Section 36, Township 25 North, Range 119 West, Sixth Principal Meridian, Wyoming;22. "Spring Creek" means a Smiths Fork tributary which rises in Lincoln County, Wyoming, in Sections 1 and 2, Township 24 North, Range 119 West, Sixth Principal Meridian, Wyoming, and flows in a general westerly direction to its confluence with Smiths Fork in Section 4, Township 24 North, Range 119 West, Sixth Principal Meridian, Wyoming;23. "Sublette Creek" means the Bear River tributary which rises in Lincoln County, Wyoming, and flows in a general westerly direction to its confluence with Bear River in Section 20, Township 24 North, Range 119 West, Sixth Principal Meridian, Wyoming;24. "Hobble Creek" means the Smiths Fork tributary which rises in Lincoln County, Wyoming, and flows in a general southwesterly direction to its confluence with Smiths Fork in Section 35, Township 28 North, Range 118 West, Sixth Principal Meridian, Wyoming;25. "Hilliard East Fork Canal" means that irrigation canal which diverts water from the right bank of the East Fork of Bear River in Summit County, Utah, at a point West 1,310 feet and North 330 feet from the Southeast corner of Section 16, Township 2 North, Range 10 East, Salt Lake Base and Meridian, Utah, and runs in a northerly direction crossing the Utah-Wyoming State line into the Southwest Quarter of Section 21, Township 12 North, Range 119 West, Sixth Principal Meridian, Wyoming;26. "Lannon Canal" means that irrigation canal which diverts water from the right bank of the Bear River in Summit County, Utah, East 1,480 feet from the West Quarter corner of Section 19, Township 3 North, Range 10 East, Salt Lake Base and Meridian, Utah, and runs in a northerly direction crossing the Utah-Wyoming State line into the South Half of Section 20, Township 12 North, Range 119 West, Sixth Principal Meridian, Wyoming;27. "Lone Mountain Ditch" means that irrigation canal which diverts water from the right bank of the Bear River in Summit County, Utah, North 1,535 feet and East 1,120 feet from the West Quarter corner of Section 19, Township 3 North, Range 10 East, Salt Lake Base and Meridian, Utah, and runs in a northerly direction crossing the Utah-Wyoming State line into the South Half of Section 20, Township 12 North, Range 119 West, Sixth Principal Meridian, Wyoming;28. "Hilliard West Side Canal" means that irrigation canal which diverts water from the right bank of the Bear River in Summit County, Utah, at a point North 2,190 feet and East 1,450 feet from the South Quarter corner of Section 13, Township 3 North, Range 9 East, Salt Lake Base and Meridian, Utah, and runs in a northerly direction crossing the Utah Wyoming State line into the South Half of Section 20, Township 12 North, Range 119 West, Sixth Principal Meridian, Wyoming;29. "Francis Lee Canal" means that irrigation canal which diverts water from the left bank of the Bear River in Uinta County, Wyoming, in the Northeast Quarter of Section 30, Township 18 North, Range 120 West, Sixth Principal Meridian, Wyoming, and runs in a westerly direction across the Wyoming-Utah State line into Section 16, Township 9 North, Range 8 East, Salt Lake Base and Meridian, Utah;30. "Chapman Canal" means that irrigation canal which diverts water from the left bank of the Bear River in Uinta County, Wyoming, in the Northeast Quarter of Section 36, Township 16 North, Range 121 West, Sixth Principal Meridian, Wyoming, and runs in a northerly direction crossing over the low divide into the Saleratus drainage basin near the Southeast corner of Section 36, Township 17 North, Range 121 West, Sixth Principal Meridian, Wyoming, and then in a general westerly direction crossing the Wyoming-Utah State line;31. "Neponset Reservoir" means that reservoir located principally in Sections 34 and 35, Township 8 North, Range 7 East, Salt Lake Base and Meridian, Utah, having a capacity of 6,900 acre-feet.ARTICLE IIIA. There is hereby created an interstate administrative agency to be known as the "Bear River Commission" which is hereby constituted a legal entity and in such name shall exercise the powers hereinafter specified. The Commission shall be composed of nine Commissioners, three Commissioners representing each signatory State, and if appointed by the President, one additional Commissioner representing the United States of America who shall serve as chairman, without vote. Each Commissioner, except the chairman, shall have one vote. The State Commissioners shall be selected in accordance with State law. Six Commissioners who shall include two Commissioners from each State shall constitute a quorum. The vote of at least two-thirds of the Commissioners when a quorum is present shall be necessary for the action of the Commission.B. The compensation and expenses of each Commissioner and each adviser shall be paid by the government which he represents. All expenses incurred by the Commission in the administration of this Compact, except those paid by the United States of America, shall be paid by the signatory States on an equal basis.C. The Commission shall have power to:1. Adopt bylaws, rules, and regulations not inconsistent with this Compact;2. Acquire, hold, convey or otherwise dispose of property;3. Employ such persons and contract for such services as may be necessary to carry out its duties under this Compact;4. Sue and be sued as a legal entity in any court of record of a signatory State, and in any court of the United States having jurisdiction of such action;5. Co-operate with State and Federal agencies in matters relating to water pollution of interstate significance;6. Perform all functions required of it by this Compact and do all things necessary, proper or convenient in the performance of its duties hereunder, independently or in cooperation with others, including State and Federal agencies.D. The Commission shall:1. Enforce this Compact and its orders made hereunder by suit or other appropriate action;2. Compile a report covering the work of the Commission and expenditures during the current biennium, and an estimate of expenditures for the following biennium and transmit it to the President of the United States and to the Governors of the signatory States on or before July 1 following each biennium.ARTICLE IVRights to direct flow water shall be administered in each signatory State under state law, with the following limitations:A. When there is a water emergency, as hereinafter defined for each division, water shall be distributed therein as provided below.1. Upper Division.a. When the divertible flow as defined below for the upper division is less than 1,250 second-feet, a water emergency shall be deemed to exist therein and such divertible flow is allocated for diversion in the river sections of the Division as follows: Upper Utah Section Diversions - 0.6%, Upper Wyoming Section Diversions - 49.3%, Lower Utah Section Diversions - 40.5%, Lower Wyoming Section Diversions - 9.6%. Such divertible flow shall be the total of the following five items:(1) Upper Utah Section Diversions in second-feet,(2) Upper Wyoming Section Diversions in second-feet,(3) Lower Utah Section Diversions in second-feet,(4) Lower Wyoming Section Diversions in second-feet,(5) The flow in second-feet passing Pixley Dam.b. The Hilliard East Fork Canal, Lannon Canal, Lone Mountain Ditch, and Hilliard West Side Canal, which divert water in Utah to irrigate lands in Wyoming, shall be supplied from the divertible flow allocated to the Upper Wyoming Section Diversions.c. The Chapman, Bear River, and Francis Lee Canals, which divert water from the main stem of Bear River in Wyoming to irrigate lands in both Wyoming and Utah, shall be supplied from the divertible flow allocated to the Upper Wyoming Section Diversions.d. The Beckwith Quinn West Side Canal, which diverts water from the main stem of Bear River in Utah to irrigate lands in both Utah and Wyoming, shall be supplied from the divertible flow allocated to the Lower Utah Section Diversions.e. If for any reason the aggregate of all diversions in a river section of the Upper Division does not equal the allocation of water thereto, the unused portion of such allocation shall be available for use in the other river sections in the Upper Division in the following order: (1) In the other river section of the same State in which the unused allocation occurs; and (2) In the river sections of the other State. No permanent right of use shall be established by the distribution of water pursuant to this paragraph e.f. Water allocated to the several sections shall be distributed in each section in accordance with State law.2. Central Division.a. When either the divertible flow as hereinafter defined for the Central Division is less than 870 second-feet, or the flow of the Bear River at Border Gaging Station is less than 350 second-feet, whichever shall first occur, a water emergency shall be deemed to exist in the Central Division and the total of all diversions in Wyoming from Grade Creek, Pine Creek, Bruner Creek and Pine Creek Springs, Spring Creek, Sublette Creek, Smiths Fork, and all the tributaries of Smiths Fork above the mouth of Hobble Creek including Hobble Creek, and from the main stem of the Bear River between Pixley Dam and the point where the river crosses the Wyoming-Idaho State line near Border shall be limited for the benefit of the State of Idaho, to not exceed 43% of the divertible flow. The remaining 57% of the divertible flow shall be available for use in Idaho in the Central Division, but if any portion of such allocation is not used therein it shall be available for use in Idaho in the Lower Division.The divertible flow for the Central Division shall be the total of the following three items:(1) Diversions in second-feet in Wyoming consisting of the sum of all diversions from Grade Creek, Pine Creek, Bruner Creek and Pine Creek Springs, Spring Creek, Sublette Creek, and Smiths Fork and all the tributaries of Smiths Fork above the mouth of Hobble Creek including Hobble Creek, and the main stem of the Bear River between Pixley Dam and the point where the river crosses the Wyoming-Idaho State line near Border, Wyoming.(2) Diversions in second-feet in Idaho from the Bear River main stem from the point where the river crosses the Wyoming-Idaho State line near Border to Stewart Dam including West Fork Canal which diverts at Stewart Dam.(3) Flow in second-feet of the Rainbow Inlet Canal and of the Bear River passing downstream from Stewart Dam.b. The Cook Canal, which diverts water from the main stem of the Bear River in Wyoming to irrigate lands in both Wyoming and Idaho, shall be considered a Wyoming diversion and shall be supplied from the divertible flow allocated to Wyoming.c. Water allocated to each State shall be distributed in accordance with State law.3. Lower Division.a. When the flow of water across the Idaho-Utah boundary line is insufficient to satisfy water rights in Utah, covering water applied to beneficial use prior to January 1, 1976, any water user in Utah may file a petition with the Commission alleging that by reason of diversions in Idaho he is being deprived of water to which he is justly entitled, and that by reason thereof, a water emergency exists, and requesting distribution of water under the direction of the Commission. If the Commission finds a water emergency exists, it shall put into effect water delivery schedules based on priority of rights and prepared by the Commission without regard to the boundary line for all or any part of the Division, and during such emergency, water shall be delivered in accordance with such schedules by the State official charged with the administration of public waters.B. The Commission shall have authority upon its own motion (1) to declare a water emergency in any or all river divisions based upon its determination that there are diversions which violate this Compact and which encroach upon water rights in a lower State, (2) to make appropriate orders to prevent such encroachments, and (3) to enforce such orders by action before State administrative officials or by court proceedings.C. When the flow of water in an interstate tributary across a State boundary line is insufficient to satisfy water rights on such tributary in a lower State, any water user may file a petition with the Commission alleging that by reason of diversions in an upstream State he is being deprived of water to which he is justly entitled and that by reason thereof a water emergency exists, and requesting distribution of water under the direction of the Commission. If the Commission finds that a water emergency exists and that interstate control of water of such tributary is necessary, it shall put into effect water delivery schedules based on priority of rights and prepared without regard to the State boundary line. The State officials in charge of water distribution on interstate tributaries may appoint and fix the compensation and expenses of a joint water commissioner for each tributary. The proportion of the compensation and expenses to be paid by each State shall be determined by the ratio between the number of acres therein which are irrigated by diversions from such tributary, and the total number of acres irrigated from such tributary.D. In preparing interstate water delivery schedules the Commission, upon notice and after public hearings, shall make finding of fact as to the nature, priority and extent of water rights, rates of flow, duty of water, irrigated acreages, types of crops, time of use, and related matters; provided that such schedules shall recognize and incorporate therein priority of water rights as adjudicated in each of the signatory States. Such findings of fact shall, in any court or before any tribunal, constitute prima facie evidence of the facts found.E. Water emergencies provided for herein shall terminate on September 30 of each year unless terminated sooner or extended by the Commission.ARTICLE VA. Water rights in the Lower Division acquired under the laws of Idaho and Utah covering water applied to beneficial use prior to January 1, 1976, are hereby recognized and shall be administered in accordance with State law based on priority of rights as provided in Article IV, paragraph A3. Rights to water first applied to beneficial use on or after January 1, 1976, shall be satisfied from the respective allocations made to Idaho and Utah in this paragraph and the water allocated to each State shall be administered in accordance with State law. Subject to the foregoing provisions, the remaining water in the Lower Division, including ground water tributary to the Bear River, is hereby apportioned for use in Idaho and Utah as follows:(1) Idaho shall have the first right to the use of such remaining water resulting in an annual depletion of not more than 125,000 acre-feet.(2) Utah shall have the second right to the use of such remaining water resulting in an annual depletion of not more than 275,000 acre-feet.(3) Idaho and Utah shall each have an additional right to deplete annually on an equal basis, 75,000 acre-feet of the remaining water after the rights provided by subparagraphs (1), and (2) above have been satisfied.(4) Any remaining water in the Lower Division after the allocations provided for in subparagraphs (1), (2), and (3) above have been satisfied shall be divided; 30% to Idaho and 70% to Utah.B. Water allocated under the above subparagraphs shall be charged against the State in which it is used regardless of the location of the point of diversion.C. Water depletions permitted under provisions of subparagraphs (1), (2), and (3), and (4) above, shall be calculated and administered by a Commission-approved procedure.ARTICLE VIA. Existing storage rights in reservoirs constructed above Stewart Dam prior to February 4, 1955, are as follows:Idaho .................................................................................................................324 acre-feetUtah .............................................................................................................11,850 acre-feetWyoming ......................................................................................................2,150 acre-feetAdditional rights are hereby granted to store in any water year above Stewart Dam, 35,500 acre-feet of Bear River water and no more under this paragraph for use in Utah and Wyoming; and to store in any water year in Idaho or Wyoming on Thomas Fork 1,000 acre-feet of water for use in Idaho. Such additional storage rights shall be subordinate to, and shall not be exercised when the effect thereof will be to impair or interfere with (1) existing direct flow rights for consumptive use in any river division and (2) existing storage rights above Stewart Dam, but shall not be subordinate to any right to store water in Bear Lake or elsewhere below Stewart Dam. One-half of the 35,500 acre-feet of additional storage right above Stewart Dam so granted to Utah and Wyoming is hereby allocated to Utah, and the remaining one-half thereof is allocated to Wyoming.B. In addition to the rights defined in Paragraph A of this Article, further storage entitlements above Stewart Dam are hereby granted. Wyoming and Utah are granted an additional right to store in any year 70,000 acre-feet of Bear River water for use in Utah and Wyoming to be divided equally; and Idaho is granted an additional right to store 4,500 acre-feet of Bear River water in Wyoming or Idaho for use in Idaho. Water rights granted under this paragraph and water appropriated, including ground water tributary to Bear River, which is applied to beneficial use on or after January 1, 1976, shall not result in an annual increase in depletion of the flow of the Bear River and its tributaries above Stewart Dam of more than 28,000 acre-feet in excess of the depletion as of January 1, 1976. Thirteen thousand (13,000) acre-feet of the additional depletion above Stewart Dam is allocated to each of Utah and Wyoming, and two thousand (2,000) acre-feet is allocated to Idaho.The additional storage rights provided for in this Paragraph shall be subordinate to, and shall not be exercised when the effect thereof will be to impair or interfere with (1) existing direct flow rights for consumptive use in any river division and (2) existing storage rights above Stewart Dam, but shall not be subordinate to any right to store water in Bear Lake or elsewhere below Stewart Dam; provided, however, there shall be no diversion of water to storage above Stewart Dam under this Paragraph B when the water surface elevation of Bear Lake is below 5,911.00 feet, Utah Power & Light Company datum (the equivalent of elevation 5,913.75 feet based on the sea level datum of 1929 through the Pacific Northwest Supplementary Adjustment of 1947). Water depletions permitted under this Paragraph B shall be calculated and administered by a Commission-approved procedure.C. In addition to the rights defined in Article VI, Paragraphs A and B, Idaho, Utah and Wyoming are granted the right to store and use water above Stewart Dam that otherwise would be bypassed or released from Bear Lake at times when all other direct flow and storage rights are satisfied. The availability of such water and the operation of reservoir space to store water above Bear Lake under this paragraph shall be determined by a Commission-approved procedure. The storage provided for in this Paragraph shall be subordinate to all other storage and direct flow rights in the Bear River. Storage rights under this Paragraph shall be exercised with equal priority on the following basis: 6% thereof to Idaho; 47% thereof to Utah; and 47% thereof to Wyoming.D. The waters of Bear Lake below elevation 5,912.91 feet, Utah Power and Light Company Bear Lake datum (the equivalent of elevation 5,915.66 feet based on the sea level datum of 1929 through the Pacific Northwest Supplementary Adjustment of 1947) shall constitute a reserve for irrigation. The water of such reserve shall not be released solely for the generation of power, except in emergency, but after release for irrigation it may be used in generating power if not inconsistent with its use for irrigation. Any water in Bear Lake in excess of that constituting the irrigation reserve may be used for the generation of power or for other beneficial uses. As new reservoir capacity above the Stewart Dam is constructed to provide additional storage pursuant to Paragraph A of this Article, the Commission shall make a finding in writing as to the quantity of additional storage and shall thereupon make an order increasing the irrigation reserve in accordance with the following table:Additional StorageAcre-feetLake surface elevationUtah Power & LightCompanyBear Lake datum5,0005,913.2410,0005,913.5615,0005,913.8720,0005,914.1525,0005,914.4130,0005,914.6135,5005,914.6936,5005,914.70E. Subject to existing rights, each State shall have the use of water, including groundwater, for ordinary domestic, and stock watering purposes, as determined by State law and shall have the right to impound water for such purposes in reservoirs having storage capacities not in excess, in any case, of 20 acre-feet, without deduction from the allocation made by paragraphs A, B, and C of this Article.F. The storage rights in Bear Lake are hereby recognized and confirmed subject only to the restrictions hereinbefore recited.ARTICLE VIIIt is the policy of the signatory States to encourage additional projects for the development of the water resources of the Bear River to obtain the maximum beneficial use of water with a minimum of waste, and in furtherance of such policy, authority is granted within the limitations provided by this Compact, to investigate, plan, construct, and operate such projects without regard to State boundaries, provided that water rights for each such project shall, except as provided in Article VI, Paragraphs A and B, thereof, be subject to rights theretofore initiated and in good standing.ARTICLE VIIIA. 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 another signatory State, to acquire rights to the use of water or to construct or to participate in the construction and use of diversion works and storage reservoirs with appurtenant works, canals, and conduits in one State for use of water in another State, either directly or by exchange. Water rights acquired for out-of-state use shall be appropriated in the State where the point of diversion is located in the manner provided by law for appropriation of water for use within such State.B. Any signatory State, any person or any entity of any signatory State, shall have the right to acquire in any other signatory State such property rights as are necessary to the use of water in conformity with this Compact by donation, purchase, or, as hereinafter provided through the exercise of the power of eminent domain in accordance with the law of the State in which such property is located. 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 acceptable to the requesting Governor, 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 to the person, or entity designated by its Governor provided, that all costs of acquisition and expenses of every kind and nature whatsoever incurred in obtaining such property shall be paid by the requesting State or the person or entity designated by its Governor.C. Should any facility be constructed in a signatory State by and for the benefit of another signatory State or persons or entities therein, 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.D. In the event lands or other taxable facilities are acquired by a signatory State in another signatory State for the use and benefit of the former, the users of the water made available by such facilities, as a condition precedent to the use thereof, shall pay to the political subdivisions of the State in which such facilities are located, each and every year during which such rights are enjoyed for such purposes, a sum of money equivalent to the average of the amount of taxes annually 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 subdivision of the State.E. Rights to the use of water acquired under this Article shall in all respects be subject to this Compact.ARTICLE IXStored water, or water from another watershed may be turned into the channel of the Bear River in one State and a like quantity, with allowance for loss by evaporation, transpiration, and seepage, may be taken out of the Bear River in another State either above or below the point where the water is turned into the channel, but in making such exchange the replacement water shall not be inferior in quality for the purpose used or diminished in quantity. Exchanges shall not be permitted if the effect thereof is to impair vested rights or to cause damage for which no compensation is paid. Water from another watershed or source which enters the Bear River by actions within a State may be claimed exclusively by that State and use thereof by that State shall not be subject to the depletion limitations of Articles IV, V and VI. Proof of any claimed increase in flow shall be the burden of the State making such claim, and it shall be approved only by the unanimous vote of the Commission.ARTICLE XA. The following rights to the use of Bear River water carried in interstate canals are recognized and confirmed.Lands irrigatedName of CanalDate of priorityPrimary right second-feetAcresStateHilliard East Fork191428.002,644WyomingChapman8-13-8616.461,155Wyoming8-13-8698.466,892Utah4-12-12.5740Wyoming5-3-124.07285Utah5-21-1210.17712Utah2-6-13.7955Wyoming8-28-05134.001Francis Lee18792.20154Wyoming18797.41519Utah1Under the right as herein confirmed not to exceed 134 second-feet may be carried across the Wyoming-Utah State line in the Chapman Canal at any time for filling the Neponset Reservoir, for irrigation of land in Utah and for other purposes. The storage right in Neponset Reservoir is for 6,900 acre-feet, which is a component part of the irrigation right for the Utah lands listed above.All other rights to the use of water carried in interstate canals and ditches, as adjudicated in the State in which the point of diversion is located, are recognized and confirmed.B. All interstate rights shall be administered by the State in which the point of diversion is located and during times of water emergency, such rights shall be filled from the allocations specified in Article IV hereof for the Section in which the point of diversion is located, with the exception that the diversion of water into the Hilliard East Fork Canal, Lannon Canal, Lone Mountain Ditch, and Hilliard West Side Canal shall be under the administration of Wyoming. During times of water emergency these canals and the Lone Mountain Ditch shall be supplied from the allocation specified in Article IV for the Upper Wyoming Section Diversions.ARTICLE XIApplications for appropriation, for change of point of diversion, place and nature of use, and for exchange of Bear River water shall be considered and acted upon in accordance with the law of the state in which the point of diversion is located, but no such application shall be approved if the effect thereof will be to deprive any water user in another state of water to which he is entitled, nor shall any such application be approved if the effect thereof will be an increase in the depletion of the flow of the Bear River and its tributaries beyond the limits authorized in each State in Articles IV, V and VI of this Compact. The official of each State in charge of water administration shall, at intervals and in the format established by the Commission, report on the status of use of the respective allocations.ARTICLE XIINothing in this Compact shall be construed to prevent the United States, a signatory State or political subdivision thereof, person, corporation, or association, from instituting or maintaining any action or proceeding, legal or equitable, for the protection of any right under State or Federal law or under this Compact.ARTICLE XIIINothing contained in this Compact shall be deemed1. To affect the obligations of the United States of America to the Indian tribes;2. To impair, extend or otherwise affect any right or power of the United States, its agencies or instrumentalities involved herein; nor the capacity of the United States to hold or acquire additional rights to the use of the water of the Bear River;3. To subject any property or rights of the United States to the laws of the States which were not subject thereto prior to the date of this Compact;4. To subject any property of the United States to taxation by the States or any subdivision thereof, nor to obligate the United States to pay any State or subdivision thereof for loss of taxes.ARTICLE XIVAt intervals not exceeding twenty years, the Commission shall review the provisions hereof, and after notice and public hearing, may propose amendments to any such provision, provided, however, that the provisions contained herein shall remain in full force and effect until such proposed amendments have been ratified by the legislatures of the signatory States and consented to by Congress.ARTICLE XVThis 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 XVIShould a court of competent jurisdiction hold any part of this Compact to be contrary to the constitution of any signatory State or to the Constitution of the United States, all other severable provisions of this Compact shall continue in full force and effect.ARTICLE XVIIThis Compact shall be in effect when it shall have been ratified by the Legislature of each signatory State and consented to 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 and their advisers have executed this Compact in five originals, one of which shall be deposited with the General Services Administration of the United States of America, one of which shall be forwarded to the Governor of each of the signatory States, and one of which shall be made a part of the permanent records of the Bear River Commission.Done at Salt Lake City, Utah, this 22nd day of December, 1978.For the State of Idaho:(s) Clifford J. Skinner(s) Don W. Gilbert(s) J. Daniel RobertsFor the State of Utah:(s) S. Paul Holmgren(s) Daniel F. Lawrence(s) Simeon WestonFor the State of Wyoming:(s) George L. Christopulos(s) John A. Teichert(s) J. W. MyersApproved:Attest:Wallace N. JibsonDaniel F. LawrenceRepresentative of theSecretary of the Bear RiverUnited States of AmericaCommission
Utah Code § 73-18c-301 — Utah Code / Title 73 / Chapter 73-18c / § 73-18c-301
§ 73-18c-301. Requirement of owner's or operator's security.
Status: in_force

(1) Each resident owner of a motorboat shall maintain owner's or operator's security in effect at any time that the motorboat is operated on waters of the state. (2) Each nonresident owner of a motorboat that has been physically present in this state for 90 or fewer days during the preceding 365 days shall maintain the type and amount of owner's or operator's security required in his or her place of residence at any time the motorboat is operated on waters of the state. (3) Each nonresident owner of a motorboat that has been physically present in this state more than 90 days during the preceding 365 days shall thereafter maintain owner's or operator's security in effect at any time the motorboat is operated on waters of the state. (4) The state and each of its political subdivisions and their respective departments, institutions, or agencies shall maintain owner's or operator's security in effect at any time their personal watercraft are operated on waters of the state. (5) Any other state is considered a nonresident owner of its motorboat and is subject to Subsection (2) or (3). (6) The United States, any political subdivision of it, or any of its agencies may maintain owner's or operator's security in effect for their motorboats.
Utah Code § 73-10-38 — Utah Code / Title 73 / Chapter 73-10 / § 73-10-38
§ 73-10-38. Per capita consumptive use.
Status: in_force

The Division of Water Resources shall comply with Section 73-5-8.5.
Utah Code § 73-31-205 — Utah Code / Title 73 / Chapter 73-31 / § 73-31-205
§ 73-31-205. Review of statutory bank application.
Status: in_force

(1) After complying with Sections 73-31-203 and 73-31-204, the board shall approve an application if the application satisfies Section 73-31-202, which is to be liberally interpreted by the board to facilitate the objectives described in Section 73-31-104. (2) In approving an application, the board shall: (a) issue an order approving the statutory water bank; (b) approve persons to serve as the initial members of the governing body in accordance with the proposed statutory water bank's structure and Section 73-31-202; and (c) publish the approved application on the water banking website. (3) If the board denies an application, the board shall issue a written explanation to the applicant that sets forth the reason for denial, provided that the board's decision regarding an application does not create a right of appeal under Title 63G, Chapter 4, Administrative Procedures Act.
Utah Code § 73-1-6 — Utah Code / Title 73 / Chapter 73-1 / § 73-1-6
§ 73-1-6. Eminent domain -- Purposes.
Status: in_force

Any person shall have a right of way across and upon public, private and corporate lands, or other rights of way, for the construction, maintenance, repair and use of all necessary reservoirs, dams, water gates, canals, ditches, flumes, tunnels, pipelines and areas for setting up pumps and pumping machinery or other means of securing, storing, replacing and conveying water for domestic, culinary, industrial and irrigation purposes or for any necessary public use, or for drainage, upon payment of just compensation therefor, but such right of way shall in all cases be exercised in a manner not unnecessarily to impair the practical use of any other right of way, highway or public or private road, or to injure any public or private property.
Utah Code § 73-3-20 — Utah Code / Title 73 / Chapter 73-3 / § 73-3-20
§ 73-3-20. Right to divert appropriated waters into natural streams -- Requirements -- Storage in reservoir -- Information required by state engineer -- Lapse of application.
Status: in_force

(1) Upon application in writing and approval of the state engineer, any appropriated water may, for the purpose of preventing waste and facilitating distribution, be turned from the channel of any stream or any lake or other body of water, into the channel of any natural stream or natural body of water or into a reservoir constructed across the bed of any natural stream, and commingled with its waters, and a like quantity less the quantity lost by evaporation and seepage may be taken out, either above or below the point where emptied into the stream, body of water or reservoir. In so doing, the original water in such stream, body of water, or reservoir must not be deteriorated in quality or diminished in quantity for the purpose used, and the additional water turned in shall bear its share of the expense of maintenance of such reservoir and an equitable proportion of the cost of the reservoir site and its construction. Any person having stored that person's appropriated water in a reservoir for a beneficial purpose shall be permitted to withdraw the water at the times and in the quantities as the person's necessities may require if the withdrawal does not interfere with the rights of others. (2) (a) The state engineer may require an owner of an approved exchange application to provide: (i) information about the diverting works constructed; (ii) information about the extent to which the development under the exchange has occurred; or (iii) other information the state engineer considers necessary to: (A) ensure that the exchange is taking place; (B) establish that the owner still has a legal interest in the underlying water right used as the basis for the exchange; or (C) determine the quantity of water being exchanged. (b) The owner of an exchange application shall provide the information requested by the state engineer within 60 days after the day on which the owner received the notification from the state engineer. (3) The state engineer may lapse an approved exchange application described in Subsection (1) if: (a) the applicant has lost a legal interest in the underlying right used to facilitate the exchange; (b) the exchange can no longer be carried out as stated in the application; (c) the applicant has not complied with the conditions established in approving the exchange; or (d) the applicant fails to provide the information requested by the state engineer under Subsection (2). (4) (a) Notwithstanding Section 73-3-18, the state engineer may reinstate an exchange application that was lapsed by the state engineer under Subsection (3), if: (i) the applicant files with the state engineer a written request to reinstate the exchange application; (ii) the exchange application is for a small amount of water, as defined in Section 73-3-5.6; (iii) the applicant demonstrates that, before the exchange application lapsed, the applicant or the applicant's predecessor in interest, in accordance with the exchange application: (A) constructed and occupied a residence; and (B) beneficially used the water at the residence; and (iv) the applicant demonstrates that none of the conditions described in Subsection (3) for lapsing an approved exchange application still exist. (b) The priority of an exchange application reinstated under this section shall be the day on which the applicant files a request to reinstate an exchange application that was lapsed by the state engineer.
Utah Code § 73-35-102 — Utah Code / Title 73 / Chapter 73-35 / § 73-35-102
§ 73-35-102. Scope of chapter.
Status: in_force

7/1/2026This chapter may not be interpreted to override, supersede, or modify any water right within the state, or the role and authority of the state engineer.
Utah Code § 73-3b-207 — Utah Code / Title 73 / Chapter 73-3b / § 73-3b-207
§ 73-3b-207. Assignment of permits.
Status: in_force

(1) A person who holds a recharge or recovery permit may not assign a permit to another person without the written approval of the state engineer. (2) The state engineer must approve an assignment if the proposed assignee meets the requirements of Section 73-3b-202 or 73-3b-205, as applicable.
Utah Code § 73-3b-205 — Utah Code / Title 73 / Chapter 73-3b / § 73-3b-205
§ 73-3b-205. Issuance of recovery permit -- Criteria -- Conditions.
Status: in_force

The state engineer: (1) shall issue the recovery permit if the state engineer determines that: (a) the proposed recovery of artificially recharged water will not impair any existing water right; (b) the applicant is the holder of an approved recharge permit or recovery permit, or if the applicant does not hold the recharge permit, has a valid agreement with the owner of the recharge permit to divert and use the recovered water; and (c) the recovery point of diversion is located within the area of hydrologic impact of the recharge project, as determined by the state engineer; and (2) may attach to the permit any conditions the state engineer determines are appropriate.
Utah Code § 73-13-9 — Utah Code / Title 73 / Chapter 73-13 / § 73-13-9
§ 73-13-9. Ratification of compact.
Status: in_force

The Upper Colorado River Basin Compact entered into at Santa Fe, New Mexico, on October 11, 1948, by the Upper Colorado River Basin States, namely, Arizona, Colorado, New Mexico, 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 § 73-10d-7 — Utah Code / Title 73 / Chapter 73-10d / § 73-10d-7
§ 73-10d-7. Agreements by political subdivisions for privatization projects -- Joint interests.
Status: in_force

(1) Any one or more political subdivisions, or the United States or any of its agencies, may enter into long-term agreements with any person for joint or cooperative action related to the acquisition, construction, maintenance, ownership, operation, and improvement of privatization projects in accordance with the terms, conditions, and consideration provided in any long-term agreements. Any payments made by a political subdivision under a long-term agreement for joint or cooperative action may not be construed to be an indebtedness of or a lending of the credit of the political subdivision within the meaning of any constitutional or statutory restriction, and, except as required by this chapter and the constitution, no election is necessary for the authorization of any long-term agreement for joint or cooperative action. (2) Any one or more political subdivisions may construct, purchase, or otherwise acquire joint interests in any privatization project or any part of a privatization project, for common use with any private entity or other political subdivision, or may sell or lease to any other political subdivision or person a partial interest in a privatization project. Political subdivisions may finance their joint interests in privatization projects in the manner provided for and subject to Title 11, Chapter 14, Local Government Bonding Act, if otherwise eligible thereunder to finance capital improvement.
Utah Code § 73-2-25 — Utah Code / Title 73 / Chapter 73-2 / § 73-2-25
§ 73-2-25. State engineer enforcement powers.
Status: in_force

(1) For purposes of this section, "initial order" means one of the following issued by the state engineer: (a) a notice of violation; or (b) a cease and desist order. (2) (a) Except as provided in Subsection (2)(b), the state engineer may commence an enforcement action under this section if the state engineer finds that a person: (i) is diverting, impounding, or using water for which no water right has been established; (ii) is diverting, impounding, or using water in violation of an existing water right; (iii) violates Section 73-5-4; (iv) violates Section 73-5-9; (v) violates a written distribution order from the state engineer; (vi) violates Section 73-3-29; (vii) violates a notice or order regarding dam safety issued under Chapter 5a, Dam Safety; (viii) fails to submit a report required by Section 73-3-25; (ix) engages in well drilling without a license required by Section 73-3-25; or (x) fails to submit a report required by Section 73-5-8.3. (b) The state engineer may not commence an enforcement action against a person under Subsection (2)(a)(i), if the person directly captures, or stores, precipitation on the surface of, or under, a parcel owned or leased by the person, including in a catch basin, storm drain pipe, swell, or pond, if the collection or storage: (i) is consistent with local laws and ordinances; (ii) does not interfere with an existing water right; and (iii) is designed to slow, detain, or retain storm water or protect watersheds from pollution with the intention that the precipitation: (A) absorbs into the ground or is released for discharge; and (B) is not put to beneficial use. (c) To commence an enforcement action under this section, the state engineer shall issue an initial order, which shall include: (i) a description of the violation; (ii) notice of any penalties to which a person may be subject under Section 73-2-26, except a person who violates Section 73-5-8.3 is subject to the penalties in Section 73-5-8.3; and (iii) notice that the state engineer may treat each day's violation of the provisions listed in Subsection (2)(a) as a separate violation under Subsection 73-2-26(1)(d) or Section 73-5-8.3. (d) The state engineer's issuance and enforcement of an initial order is exempt from Title 63G, Chapter 4, Administrative Procedures Act. (3) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the state engineer shall make rules necessary to enforce an initial order, which shall include: (a) provisions consistent with this section and Sections 73-2-26 and 73-5-8.3 for enforcement of the initial order if a person to whom an initial order is issued fails to respond to the order or abate the violation; (b) the right to a hearing, upon request by a person against whom an initial order is issued; and (c) provisions for timely issuance of a final order after: (i) the person to whom the initial order is issued fails to respond to the order or abate the violation; or (ii) a hearing held under Subsection (3)(b). (4) A person may not intervene in an enforcement action commenced under this section. (5) After issuance of a final order under rules made in accordance with Subsection (3)(c), the state engineer shall serve a copy of the final order on the person against whom the order is issued by: (a) personal service under Utah Rules of Civil Procedure, Rule 5; or (b) certified mail. (6) (a) The state engineer's final order may be reviewed by trial de novo by the court with jurisdiction in: (i) Salt Lake County; or (ii) the county where the violation occurred. (b) A person shall file a petition for judicial review of the state engineer's final order issued under this section within 20 days from the day on which the final order was served on that person. (7) The state engineer may bring suit in a court with jurisdiction to enforce a final order issued under this section. (8) If the state engineer prevails in an action brought under Subsection (6)(b) or (7), the state may recover all court costs and a reasonable attorney fee.
Utah Code § 73-10-11 — Utah Code / Title 73 / Chapter 73-10 / § 73-10-11
§ 73-10-11. Counsel to board and representative -- Utilization of other departments -- Duty of executive secretary of board to collect on water contracts.
Status: in_force

The attorney general shall act as legal counsel to the board, and to its representative as hereinbefore provided for, and the board shall wherever practicable utilize the services and facilities of other departments of the state government. The executive secretary of the Utah water and power board shall be charged with the duty of collecting any and all amounts due on contracts with water users.
Utah Code § 73-18-4 — Utah Code / Title 73 / Chapter 73-18 / § 73-18-4
§ 73-18-4. Division may make rules and set fees.
Status: in_force

(1) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the division, after notifying the commission, shall make rules: (a) creating a uniform waterway marking system which shall be obeyed by all vessel operators; (b) regulating the placement of waterway markers and other permanent or anchored objects on the waters of this state; (c) zoning certain waters of this state for the purpose of prohibiting the operation of vessels or motors for safety and health purposes only; (d) regulating vessel operators who carry passengers for hire, boat liveries, and outfitting companies; and (e) regulating anchored, beached, moored, or abandoned vessels to minimize health, safety, and environmental concerns. (2) (a) The division, after notifying the commission, may set fees in accordance with Section 63J-1-504 for: (i) licensing vessel operators who carry passengers for hire; and (ii) registering: (A) outfitting companies; and (B) boat liveries. (b) The license and registration fees imposed pursuant to Subsection (2)(a) shall be deposited into the Boating Account created in Section 73-18-22.