Utah Code § 73-4-12 — Utah Code / Title 73 / Chapter 73-4 / § 73-4-12
§ 73-4-12. Judgment -- In absence of contest.
Status: in_force

(1) If no contest on the part of any claimant shall have been filed, the court shall render a judgment in accordance with such proposed determination, which shall: (a) determine and establish the rights to the use of the water of said river system or water source; and (b) set forth: (i) the name of the person entitled to the use of the water; (ii) the quantity of water in acre-feet or the flow of water in second-feet; (iii) the time during which the water is to be used each year; (iv) the name of the stream or other source from which the water is diverted; (v) the point on the stream or other source where the water is diverted; (vi) the priority date of the right; and (vii) any other matters as will fully and completely define the rights of said claimants to the use of the water. (2) (a) The state engineer may seek an interlocutory judgment from the court on the rights to the use of water described in the proposed determination to which no contest or objection is filed. (b) An interlocutory judgment entered by the court is binding on the state engineer and each claimant until a final judgment is entered under Section 73-4-15.
Utah Code § 73-22-3 — Utah Code / Title 73 / Chapter 73-22 / § 73-22-3
§ 73-22-3. Definitions.
Status: in_force

As used in this chapter: (1) "Correlative rights" mean the rights of a geothermal owner in a geothermal area to produce without waste the geothermal owner's just and equitable share of the geothermal resource underlying the geothermal area. (2) "Division" means the Division of Water Rights within the Department of Natural Resources. (3) "Geothermal area" means the general land area that is underlain or reasonably appears to be underlain by a geothermal resource. (4) "Geothermal fluid" means water and steam at temperatures greater than 100 degrees centigrade naturally present in a geothermal system. (5) (a) "Geothermal resource" means: (i) the natural heat of the earth at temperatures greater than 100 degrees centigrade; and (ii) the energy, in whatever form, including pressure, present in, resulting from, created by, or that may be extracted from that natural heat, directly or through a material medium using any type of application including a conventional hydrothermal, enhanced geothermal, or advanced geothermal system. (b) "Geothermal resource" does not include a geothermal fluid. (6) "Geothermal system" means a strata, pool, reservoir, or other geologic formation containing a geothermal resource. (7) "Material medium" means a geothermal fluid, or water and other substance artificially introduced into a geothermal system to serve as a heat transfer medium. (8) "Operator" means a person drilling, maintaining, operating, producing, or in control of a well. (9) "Owner" means a person who has the right to drill into, produce, and make use of a geothermal resource. (10) (a) "Waste" means an inefficient, excessive, or improper production, use, or dissipation of a geothermal resource. (b) "Waste" includes: (i) a transporting or storage method that causes or tends to cause unnecessary surface loss of a geothermal resource; or (ii) locating, spacing, constructing, equipping, operating, producing, or venting of a well in a manner that results or tends to result in unnecessary surface loss or in reducing the ultimate economic recovery of a geothermal resource. (11) "Water right" means: (a) a right to use water, including a geothermal fluid, evidenced by a means identified in Subsection 73-1-10(1)(a); or (b) a right to use water, including a geothermal fluid, under an approved application: (i) to appropriate; or (ii) for a change of use. (12) "Well" means a well drilled, converted, or reactivated for the discovery, testing, production, or subsurface injection of a geothermal resource.
Utah Code § 73-35-402 — Utah Code / Title 73 / Chapter 73-35 / § 73-35-402
§ 73-35-402. Consultants or other professionals.
Status: in_force

7/1/2026To advise the authority on matters relating to the authority, the executive director may: (1) employ one or more consultants or other professionals; and (2) employ or retain legal counsel, with the consent of the attorney general, to advise the authority or river commissioner on matters relating to the authority's or river commissioner's operations.
Utah Code § 73-26-202 — Utah Code / Title 73 / Chapter 73-26 / § 73-26-202
§ 73-26-202. Limits on amount of water available to any entity -- Exception.
Status: in_force

(1) Except as provided in Subsection (2), the total amount of water from projects authorized under this chapter that may be made available to any entity or area is limited as follows: (a) The Salt Lake County Water Conservancy District and Weber Basin Water Conservancy District each may purchase or lease no more than 50,000 acre-feet a year. (b) The Bear River Water Conservancy District may purchase or lease no more than 60,000 acre-feet a year. (c) The total cumulative amount of developed waters purchased or leased by Cache County and any water conservancy district in Cache County may not exceed 60,000 acre-feet a year. (2) An entity or area may purchase or lease water in excess of the limits specified in Subsection (1) on a temporary basis, if water is available from a project and no other entity eligible to receive water has offered to purchase or lease it.
Utah Code § 73-1-10 — Utah Code / Title 73 / Chapter 73-1 / § 73-1-10
§ 73-1-10. Conveyance of water rights -- Deed -- Exceptions -- Filing and recording of deed -- Report of water right conveyance.
Status: in_force

(1) (a) A water right, whether evidenced by a decree, a certificate of appropriation, a diligence claim to the use of surface or underground water, or a water user's claim filed in general determination proceedings, shall be transferred by deed in substantially the same manner as is real estate. (b) The deed must be recorded in the office of the recorder of the county where the point of diversion of the water is located and in the county where the water is used. (c) A recorded deed of a water right shall from the time of its recording in the office of the county recorder constitute notice of its contents to all persons. (d) (i) Beginning July 1, 2011, a deed under Subsection (1)(a) may include a water rights addendum as provided in Section 57-3-109. (ii) The state engineer shall consider a water rights addendum that is recorded and forwarded to the state engineer by a county recorder, in accordance with Section 57-3-109, as a submitted report of water right conveyance under Subsection (3). (2) The right to the use of water evidenced by shares of stock in a corporation shall be transferred in accordance with the procedures applicable to securities set forth in Title 70A, Chapter 8, Uniform Commercial Code - Investment Securities. (3) (a) To update water right ownership on the records of the state engineer, a water right owner shall submit a report of water right conveyance to the state engineer. (b) The report of water right conveyance shall be on forms provided by the state engineer. (c) The report shall be prepared by: (i) or prepared under the direction of and certified by, any of the following persons licensed in Utah: (A) an attorney; (B) a professional engineer; (C) a title insurance producer; or (D) a professional land surveyor; or (ii) the water right owner as authorized by rule of the state engineer. (d) The filing and processing of a report of water right conveyance with the state engineer is neither an adjudication of water right ownership nor an opinion as to title or validity of the water right. (e) The state engineer shall adopt rules that specify: (i) the information required in a report of water right conveyance; and (ii) the procedures for processing the reports.
Utah Code § 73-5-3 — Utah Code / Title 73 / Chapter 73-5 / § 73-5-3
§ 73-5-3. Control by engineer of division and distribution under judgments.
Status: in_force

(1) The state engineer or the state engineer's designee shall carry into effect a judgment of a court in relation to the division, distribution, or use of water under the provisions of this title. (2) The state engineer shall: (a) divide water among several appropriators entitled to the water in accordance with the right of each appropriator; (b) regulate and control the use of the water by closing or partially closing a head gate, cap, valve, or other controlling work of a ditch, canal, pipe, flume, well or tunnel, or other means of diversion to prevent the waste of water or its use in excess of the quantity to which an appropriator is lawfully entitled; and (c) regulate a controlling work of reservoirs in accordance with this title. (3) (a) If the state engineer regulates a head gate, cap, valve, or other controlling work of a ditch, canal, pipe, flume, well or tunnel, or other means of diversion, or the controlling work of a reservoir, the state engineer may attach to the controlling work a written notice, properly dated and signed, setting forth that the controlling work has been properly regulated and is wholly under the state engineer's control. (b) The notice provided under Subsection (3)(a) is a legal notice, as to the facts contained in the notice, to all parties interested in the division and distribution of the water of the ditch, canal, pipe, flume, well or tunnel, or other means of diversion, or reservoir. (4) (a) If the state engineer is required to enter upon private property to carry out this title and is refused by the owner or possessor of the property the right of entry, the state engineer may petition the district court for an order granting a right of entry. (b) After notice and hearing, the court may grant the state engineer a right of entry, on security given by the state engineer to pay the owner of the property for damage caused by the entry. (5) (a) Leased water approved for use under Section 73-3-30 for a purpose described in Section 73-3-30: (i) is not subject to diversion or impoundment by an intervening user between the point where the water is released or would otherwise have been diverted for the underlying water right and the approved place of use; and (ii) may not be regulated or controlled by a person other than the state engineer or the state engineer's designee. (b) The state engineer may allocate water described in Subsection (5)(a) as if the water was naturally flowing. (c) When water described in Subsection (5)(a) reaches an impoundment or barrier that impedes or interferes with the flow of the water, the owner or operator of the impoundment or barrier: (i) may not refuse to release the water from the impoundment or barrier; and (ii) shall ensure that the water is passed through the impoundment or barrier upon the direction of the state engineer or the state engineer's designee at the owner or operator's sole expense. (d) Nothing in this Subsection (5) prohibits the state engineer from regulating or controlling water described in Subsection (5)(a) in accordance with a written agreement between an individual water user, group of water users, or an owner or operator of an impoundment or barrier described in Subsection (5)(c).
Utah Code § 73-22-5 — Utah Code / Title 73 / Chapter 73-22 / § 73-22-5
§ 73-22-5. Jurisdiction of division -- Hearings -- Subpoena power -- Restraining violations -- Actions for damages against violators unaffected.
Status: in_force

(1) The division has jurisdiction and authority over all persons and property, public and private, necessary to enforce the provisions of this chapter and may enact, issue, and enforce necessary rules and orders to carry out the requirements of this chapter. (2) (a) Any affected person may apply for a hearing before the division, or the division may initiate proceedings upon any question relating to the administration of this chapter by following the procedures and requirements of Title 63G, Chapter 4, Administrative Procedures Act. (b) The Division of Water Rights shall comply with the procedures and requirements of Title 63G, Chapter 4, Administrative Procedures Act, in its adjudicative proceedings. (3) The division shall have the power to summon witnesses, to administer oaths, and to require the production of records, books, and documents for examination at any hearing or investigation conducted by it. (4) (a) If any person fails or refuses to comply with a subpoena issued by the division, or if any witness fails or refuses to testify about any matter regarding which the witness may be interrogated, the division may petition any district court in the state to issue an order compelling the person to: (i) comply with the subpoena and attend before the division; (ii) produce any records, books, and documents covered by the subpoena; or (iii) to give testimony. (b) The court may punish failure to comply with the order as contempt. (5) (a) Whenever it appears that any person is violating or threatening to violate any provision of this chapter, or any rule or order made under this chapter, the division may file suit in the name of the state to restrain that person from continuing the violation or from carrying out the threat of violation. (b) Venue for the action is in the district court in the county where any defendant resides or in the county where the violation is alleged to have occurred. (6) (a) Nothing in this chapter, no suit by or against the division, and no violation charged or asserted against any person under this chapter, or any rule or order issued under it, shall impair, abridge, or delay any cause of action for damages that any person may have or assert against any person violating this chapter, or any rule or order issued under it. (b) Any person so damaged by the violation may sue for and recover whatever damages that the person is otherwise entitled to receive.
Utah Code § 73-15-7 — Utah Code / Title 73 / Chapter 73-15 / § 73-15-7
§ 73-15-7. Precipitation caused by authorized project not presumed to constitute trespass or nuisance.
Status: in_force

The mere dissemination of materials and substances into the atmosphere or causing precipitation pursuant to an authorized cloud-seeding project shall not give rise to any presumption that such use of the atmosphere or lands constitutes trespass or involves an actionable or enjoinable public or private nuisance.
Utah Code § 73-18-11 — Utah Code / Title 73 / Chapter 73-18 / § 73-18-11
§ 73-18-11. Regulation of muffling devices.
Status: in_force

The division, after notifying the commission, shall adopt rules for the regulating of muffling devices on all vessels.
Utah Code § 73-29-102 — Utah Code / Title 73 / Chapter 73-29 / § 73-29-102
§ 73-29-102. Definitions.
Status: in_force

As used in this chapter: (1) "Division" means the Division of Wildlife Resources. (2) "Floating access" means the right to access public water flowing over private property for floating and fishing while floating upon the water. (3) "Impounded wetlands" means a wetland or wetland pond that is formed or the level of which is controlled by a dike, berm, or headgate that retains or manages the flow or depth of water, including connecting channels. (4) "Navigable water" means a water course that in its natural state without the aid of artificial means is useful for commerce and has a useful capacity as a public highway of transportation. (5) "Private property to which access is restricted" means privately owned real property: (a) that is cultivated land, as defined in Section 23A-5-317; (b) that is: (i) properly posted, as defined in Section 23A-5-317; (ii) posted as described in Subsection 76-6-206(2)(b)(iii); or (iii) posted as described in Subsection 76-6-206.3(2)(c); (c) that is fenced or enclosed as described in: (i) Subsection 76-6-206(2)(b)(ii); or (ii) Subsection 76-6-206.3(2)(b); or (d) that the owner or a person authorized to act on the owner's behalf has requested a person to leave as provided by: (i) Section 23A-5-317; (ii) Subsection 76-6-206(2)(b)(i); or (iii) Subsection 76-6-206.3(2)(a). (6) "Public access area" means the limited part of privately owned property that: (a) lies beneath or within three feet of a public water or that is the most direct, least invasive, and closest means of portage around an obstruction in a public water; and (b) is open to public recreational access under Section 73-29-203; and (c) can be accessed from an adjoining public assess area or public right-of-way. (7) "Public recreational access" means the right to engage in recreational access established in accordance with Section 73-29-203. (8) (a) "Public water" means water: (i) described in Section 73-1-1; and (ii) flowing or collecting on the surface: (A) within a natural or realigned channel; or (B) in a natural lake, pond, or reservoir on a natural or realigned channel. (b) "Public water" does not include water flowing or collecting: (i) on impounded wetland; (ii) on a migratory bird production area, as defined in Section 23A-13-101; (iii) on private property in a manmade: (A) irrigation canal; (B) irrigation ditch; or (C) impoundment or reservoir constructed outside of a natural or realigned channel; or (iv) on a jurisdictional wetland described in 33 C.F.R. 328.3. (9) (a) "Recreational access" means to use a public water and to touch a public access area incidental to the use of the public water for: (i) floating; (ii) fishing; or (iii) waterfowl hunting conducted: (A) in compliance with applicable law or rule, including Sections 23A-5-314, 73-29-203, and 76-11-209; and (B) so that the individual who engages in the waterfowl hunting shoots a firearm only while within a public access area and no closer than 600 feet of any dwelling. (b) "Recreational access" does not include: (i) hunting, except as provided in Subsection (9)(a)(iii); (ii) wading without engaging in activity described in Subsection (9)(a); or (iii) any other activity.
Utah Code § 73-28-401 — Utah Code / Title 73 / Chapter 73-28 / § 73-28-401
§ 73-28-401. Analysis of benefits and costs -- Allocation of costs.
Status: in_force

(1) The board shall allocate project costs based on the economic costs and benefits of the developed water and electricity among the following water uses: (a) municipal and industrial; (b) electricity; (c) public recreation; and (d) fish and wildlife. (2) The state shall pay the nonreimbursable project costs allocated to recreation and fish and wildlife.
Utah Code § 73-18-15.2 — Utah Code / Title 73 / Chapter 73-18 / § 73-18-15.2
§ 73-18-15.2. Minimum age of operators -- Boating safety course for youth to operate personal watercraft.
Status: in_force

(1) (a) A person under 16 years of age may not operate a motorboat on the waters of this state unless the person is under the on-board and direct supervision of a person who is at least 18 years of age. (b) A person under 16 years of age may operate a sailboat, if the person is under the direct supervision of a person who is at least 18 years of age. (2) A person who is at least 12 years of age or older but under 16 years of age may operate a personal watercraft provided he: (a) is under the direct supervision of a person who is at least 18 years of age; (b) completes a boating safety course approved by the division; and (c) has in his possession a boating safety certificate issued by the boating safety course provider. (3) A person who is at least 16 years of age but under 18 years of age may operate a personal watercraft, if the person: (a) completes a boating safety course approved by the division; and (b) has in his possession a boating safety certificate issued by the boating safety course provider. (4) A person required to attend a boating safety course under Subsection (3)(a) need not be accompanied by a parent or legal guardian while completing a boating safety course. (5) A person may not give permission to another person to operate a vessel in violation of this section. (6) As used in this section, "direct supervision" means oversight at a distance within which visual contact is maintained. (7) (a) The division may collect fees set by the division in accordance with Section 63J-1-504 from each person who takes the division's boating safety course to help defray the cost of the boating safety course. (b) Money collected from the fees collected under Subsection (7)(a) shall be deposited in the Boating Account. (8) A violation of this section is an infraction.
Utah Code § 73-3a-109 — Utah Code / Title 73 / Chapter 73-3a / § 73-3a-109
§ 73-3a-109. Certification of appropriation or change.
Status: in_force

(1) Any person holding an application approved under this chapter shall comply with the substantive and procedural requirements of Sections 73-3-16 and 73-3-17 to obtain a certificate of appropriation or change. (2) Verification that the appropriation or change has been perfected and put to beneficial use may be accepted from the recipient state's equivalent to the Utah state engineer.
Utah Code § 73-29-208 — Utah Code / Title 73 / Chapter 73-29 / § 73-29-208
§ 73-29-208. Severability.
Status: in_force

If any of this chapter's provisions, or the application of any of this chapter's provisions, is held to be unconstitutional, the provision is severable and this chapter's other provisions and applications remain effective.
Utah Code § 73-10g-308 — Utah Code / Title 73 / Chapter 73-10g / § 73-10g-308
§ 73-10g-308. Conditions applicable to all watershed councils.
Status: in_force

(1) A council: (a) is a public body as defined in Section 52-4-103 and shall comply with Title 52, Chapter 4, Open and Public Meetings Act; and (b) shall comply with Title 63G, Chapter 2, Government Records Access and Management Act. (2) A member of a council 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. (3) Creation of the state council or a local council does not: (a) supersede, usurp, or replace any other watershed oriented organization within the relevant watershed unless otherwise agreed upon by the watershed oriented organization; or (b) create a stakeholder for purposes of compliance with any state or federal law, including the National Environmental Policy Act, 42 U.S.C. Sec. 4321 et seq. (4) A council does not have separate or inherent adjudicative, regulatory, infrastructure development, infrastructure financing, enforcement, or other powers or responsibilities beyond those stated in this part.
Utah Code § 73-3-5 — Utah Code / Title 73 / Chapter 73-3 / § 73-3-5
§ 73-3-5. Action by engineer on applications.
Status: in_force

(1) On receipt of an application containing the information required by Section 73-3-2, and payment of the filing fee, the state engineer shall endorse the application with the date of its receipt to make a record of the receipt for that purpose. (2) The state engineer shall examine the application and determine whether any corrections, amendments or changes are required for clarity and if so, see that such changes are made before further processing. The state engineer may not construe an application for a split season change or other potentially complicated change as incomplete or unacceptable if the application satisfies the filing requirements under Section 73-3-3 and payment of the respective filing fee is made. (3) An application that complies with this chapter and with the regulations of the state engineer shall be filed and recorded. (4) The state engineer may issue a temporary receipt to drill a well at any time after the filing of an application to appropriate water from the well, as provided by this section if the fees be advanced and if in the state engineer's judgment there is unappropriated water available in the proposed source and there is no likelihood of impairment of existing rights, except that the issuance of a temporary receipt does not dispense with the publishing of notice and the final approval or rejection of the application by the state engineer, as provided by this chapter. (5) The state engineer may send the necessary notices and address correspondence relating to an application to the owner thereof as shown by the state engineer's records, or to the owner's attorney in fact provided a written power of attorney is filed in the state engineer's office.
Utah Code § 73-35-203 — Utah Code / Title 73 / Chapter 73-35 / § 73-35-203
§ 73-35-203. Authority operation --  Consultation with tribes.
Status: in_force

7/1/2026 (1) A voting authority member has one vote on authority business. (2) (a) Five voting members of the authority constitute a quorum to conduct authority business. (b) A vote of five voting members is needed to pass authority business. (3) (a) (i) The river commissioner appointed by the governor before March 16, 2021, shall serve as the chair of the authority until June 30, 2027, if the river commissioner is a member of the authority. (ii) Beginning on July 1, 2027, the river commissioner shall be appointed under Section 73-35-301 and shall serve as chair of the authority for a term of four years in accordance with Sections 73-35-301 and 73-35-302. (b) The authority may elect other officers such as vice chair, secretary, and treasurer. (c) The chair, vice chair, secretary, and treasurer are required to be authority members. (d) Other officers of the authority are not required to be authority members. The authority shall adopt, by resolution, job responsibilities and terms of offices for the officers appointed under this Subsection (3)(d). (e) Except for the river commissioner as chair, if an authority officer no longer serves as an officer of the authority, the authority shall fill the vacancy for the unexpired term of the officer who is no longer serving. (4) At the request of the authority, the executive director of the department shall: (a) provide to the authority data or information collected by the department; and (b) ensure that the department presents information to the authority. (5) The authority shall seek an appropriate government-to-government relationship on matters directly related to the authority's general powers and mission as set forth in Section 73-35-204 with all federally recognized Indian tribes located, in whole or in part, within the state and within the Colorado River system.
Utah Code § 73-10f-2 — Utah Code / Title 73 / Chapter 73-10f / § 73-10f-2
§ 73-10f-2. Bear River feasibility studies.
Status: in_force

(1) The division is directed to undertake a study of the feasibility of developing the Bear River. This study shall include the following components: (a) an assessment of present water supplies, uses, and rights and future water needs in counties within the Bear River Basin and along the Wasatch Front; (b) an evaluation of alternative dam and reservoir sites; (c) a review of preliminary design work; (d) an update of the cost estimates; (e) an assessment of environmental impacts; (f) water quality analyses; and (g) financial and economic analyses. (2) The division shall: (a) report to the task force on the progress of the studies upon the request of the chairmen; and (b) report its interim conclusions and recommendations to the task force by October 31, 1990, and its final conclusions and recommendations by October 31, 1991.
Utah Code § 73-6-2 — Utah Code / Title 73 / Chapter 73-6 / § 73-6-2
§ 73-6-2. Restoration by proclamation -- Priority of applications.
Status: in_force

(1) Waters withdrawn from appropriation under this chapter may be restored by proclamation of the governor upon the recommendation of the state engineer. (2) Such proclamation shall not become effective until notice thereof has been published: (a) at least once a week for three successive weeks in a newspaper of general circulation within the boundaries of the river system or water source within which the waters so to be restored are situated; and (b) in accordance with Section 45-1-101 for three weeks. (3) Applications for appropriations shall not be filed during the time such waters are withdrawn from appropriation; provided, that after the first publication of notice aforesaid applications may be deposited with the state engineer and at the time such proclamation becomes effective the engineer shall hold public hearings, giving all applicants notice, to determine which applications so filed during the period of publication of such notice are most conducive to the public good, and shall file such applications in order of priority according to such determination.
Utah Code § 73-18-13.2 — Utah Code / Title 73 / Chapter 73-18 / § 73-18-13.2
§ 73-18-13.2. Accident involving injury -- Stop at accident -- Penalty.
Status: in_force

(1) As used in this section: (a) "Reason to believe" means information from which a reasonable person would believe that the person may have been involved in an accident. (b) "Serious bodily injury" means bodily injury which involves a substantial risk of death, unconsciousness, extreme physical pain, protracted and obvious disfigurement, or protracted loss or impairment of the function of a bodily member, organ, or mental faculty. (2) (a) The operator of a vessel who has reason to believe that the operator may have been involved in an accident resulting in injury to a person shall: (i) immediately stop the vessel at the scene of the accident or as close to it as safely possible; and (ii) remain at the scene of the accident until the operator has fulfilled the requirements of Section 73-18-13. (b) If the operator of a vessel has reason to believe the operator may have been involved in an accident only after leaving the scene of the accident, the operator shall immediately comply as nearly as possible with the requirements of Section 73-18-13. (3) (a) Except as provided in Subsection (3)(b), a person who violates the provisions of Subsection (2): (i) is guilty of a class A misdemeanor if the accident resulted in injury to any person; and (ii) shall be fined not less than $750. (b) A person who violates the provisions of Subsection (2): (i) is guilty of a third degree felony if the accident resulted in serious bodily injury to a person; and (ii) shall be fined not less than $750.
Utah Code § 73-10g-702 — Utah Code / Title 73 / Chapter 73-10g / § 73-10g-702
§ 73-10g-702. Utah water agent.
Status: in_force

(1) (a) The governor shall appoint, with the advice and consent of the Senate, a resident of this state to be the Utah water agent. (b) The governor shall consult with the speaker of the House of Representatives and the president of the Senate before appointing the water agent. (c) The water agent is a state employee. (d) The governor may appoint an individual who is serving in an executive branch appointed position to be the water agent, and the individual may serve in both positions, except that the governor shall adjust the salary of the water agent to account for salary received for the executive branch appointed position. (2) The water agent shall serve a term of six years and may be appointed to more than one term, but is subject to removal at the pleasure of the governor. (3) If there is a vacancy in the position of water agent for any reason, the governor shall appoint a replacement using the same procedure as Subsection (1), including the requirement of the advice and consent of the Senate. (4) Subject to Subsection (1)(d), the governor shall establish the water agent's compensation within the salary range fixed by the Legislature in Title 67, Chapter 22, State Officer Compensation. (5) (a) Upon appropriation by the Legislature, state money shall be used for the administration of this part, including paying the costs of: (i) subject to Subsection (5)(b), the water agent's administrative, office, and staff support; and (ii) reasonable travel expenses. (b) The water agent shall use office and staffing support provided under Subsection 11-13-228(2)(e).
Utah Code § 73-10c-5 — Utah Code / Title 73 / Chapter 73-10c / § 73-10c-5
§ 73-10c-5. Water Development Security Fund created -- Water Quality Security and Drinking Water Security Subaccounts created -- Use -- Revolving loan funds -- Hardship grants.
Status: in_force

(1) There is established an enterprise fund known as the Water Development Security Fund which includes the Water Quality Security Subaccount and the Drinking Water Security Subaccount. (2) The Water Quality Security Subaccount consists of four subaccounts: (a) the Utah Wastewater Loan Program Subaccount, which consists of: (i) money appropriated to the subaccount by the Legislature; (ii) money received from the repayment of the principal of loans made by the Water Quality Board under Sections 73-10c-4 and 73-10c-6 from the Utah Wastewater Loan Program Subaccount; (iii) money deposited in the subaccount under any other law; and (iv) money transferred from the Water Infrastructure Fund in accordance with Subsection 73-10g-603(1)(f); (b) the Utah State Revolving Fund for Wastewater Projects Subaccount, which consists of: (i) money appropriated to the subaccount by the Legislature; (ii) money received from the Utah Wastewater Loan Program Subaccount applied to meet match requirements for federal funds under 33 U.S.C. 1251 et seq., federal Clean Water Act; (iii) money received from the repayment of loans made by the Water Quality Board under Section 73-10c-4 from the Utah State Revolving Fund for Wastewater Projects Subaccount; (iv) money received from the repayment of loans made by the Water Quality Board under Section 73-10c-4.5; (v) money deposited in the subaccount under any other law; (vi) money received under and subject to the restrictions of 33 U.S.C. 1251 et seq., federal Clean Water Act, and which is eligible for use in state revolving loan funds established to meet the requirements of the act; and (vii) all investment income derived from money in the Utah State Revolving Fund for Wastewater Projects Subaccount; (c) the Hardship Grant Program for Wastewater Projects Subaccount, which consists of: (i) money appropriated to the subaccount by the Legislature; (ii) money received as interest payments on loans made by the Water Quality Board under Sections 73-10c-4 and 73-10c-6, from the Utah Wastewater Loan Program Subaccount; (iii) money deposited in the subaccount under any other law; (iv) the Hardship Grant Assessment charged to State Revolving Fund loan recipients; and (v) all investment income derived from money in the Utah Wastewater Loan Program Subaccount or the Hardship Grant Program for Wastewater Projects Subaccount; and (d) the Water Quality Origination Fee Subaccount, which consists of the origination fee paid under Section 73-10c-10. (3) The Drinking Water Security Subaccount consists of four subaccounts: (a) the Drinking Water Loan Program Subaccount, which consists of: (i) money appropriated to the subaccount by the Legislature; (ii) money received from the repayment of the principal of loans made by the Drinking Water Board under Sections 73-10c-4 and 73-10c-6, from the Drinking Water Loan Program Subaccount; (iii) money deposited in the subaccount under any other law; and (iv) money transferred from the Water Infrastructure Fund in accordance with Subsection 73-10g-603(1)(f); (b) the State Revolving Fund for Drinking Water Projects Subaccount, which consists of: (i) money appropriated to the subaccount by the Legislature; (ii) money received from the Utah Drinking Water Loan Program Subaccount and applied to meet match requirements for federal funds under 42 U.S.C. 300f et seq., federal Safe Drinking Water Act; (iii) money received from the repayment of loans made by the Drinking Water Board under Section 73-10c-4 from the State Revolving Fund for Drinking Water Projects Subaccount; (iv) money deposited in the subaccount under any other law; (v) money received under and subject to the restrictions of 42 U.S.C. 300f et seq., federal Safe Drinking Water Act, and which is eligible for use in state revolving loan funds established to meet the requirements of the act; and (vi) all investment income derived from money in the State Revolving Fund for Drinking Water Projects Subaccount; (c) the Hardship Grant Program for Drinking Water Projects Subaccount, which consists of: (i) money appropriated to the subaccount by the Legislature; (ii) money received from interest payments on loans made by the Drinking Water Board under Sections 73-10c-4 and 73-10c-6, from the Drinking Water Loan Program Subaccount; (iii) money deposited in the subaccount under any other law; (iv) the Hardship Grant Assessment charged to State Revolving Fund loan recipients; and (v) all investment income derived from money in the Drinking Water Loan Program Subaccount or the Hardship Grant Program for Drinking Water Projects Subaccount; and (d) the Drinking Water Origination Fee Subaccount, which consists of the origination fee paid under Section 73-10c-10. (4) State money in the Water Quality Security Subaccount and the Drinking Water Security Subaccount may be applied to meet match requirements for federal funds under the Clean Water Act, 33 U.S.C. Sec. 1251 et seq. and the Safe Drinking Water Act, 42 U.S.C. Sec. 300f et seq. (5) If the money in the security fund is insufficient for the purposes for which the security fund is established, the council shall ask the governor to request the Legislature to appropriate additional money to the account. (6) (a) The Drinking Water Board and Water Quality Board may use the money in the appropriate security fund subaccount only to the extent of the money available in the account, for the support of drinking water projects and wastewater projects in accordance with the terms of credit enhancement agreements, grant agreements, and loan agreements. (b) Repayments to the security fund from loans made by the acting board, money allocated by the Legislature, and interest accrued on the money shall remain available for use by that board for further project funding. (c) The Drinking Water Board and Water Quality Board may use the money in the origination fee subaccount to administer this chapter. (7) Funds received under the Safe Drinking Water Act, 42 U.S.C. Sec. 300f et seq. may be used for providing financial assistance to community water systems and nonprofit noncommunity water systems as defined and within the limits of that act.
Utah Code § 73-22-2 — Utah Code / Title 73 / Chapter 73-22 / § 73-22-2
§ 73-22-2. Purpose of chapter.
Status: in_force

The purpose of this chapter is to: (1) foster, encourage, and promote the discovery, development, production, use, and disposal of geothermal resources for the purpose of electricity production in such manner as will prevent waste, protect correlative rights, and safeguard the natural environment and the public welfare; and (2) authorize, encourage, and provide for the development and operation of geothermal resource properties for the purpose of electricity production in such manner that the maximum ultimate economic recovery of geothermal resources may be obtained through, among other things, agreements for cooperative development, production, injection, and pressure maintenance operations.
Utah Code § 73-31-201 — Utah Code / Title 73 / Chapter 73-31 / § 73-31-201
§ 73-31-201. Approval of statutory water bank.
Status: in_force

(1) The board shall approve an application to create a statutory water bank that satisfies this part. (2) As a condition of approval, a statutory water bank is subject to this chapter.
Utah Code § 73-5a-502 — Utah Code / Title 73 / Chapter 73-5a / § 73-5a-502
§ 73-5a-502. Legislative findings -- Immunity from suit -- State engineer to set minimum standards for existing high hazard dams -- Exceptions -- Investigations and plans for compliance with minimum standards.
Status: in_force

(1) The Legislature finds that: (a) it is in the interest of the people of the state to improve the safety of existing dams; (b) mutual irrigation companies and water users associations cannot afford to bring dams into conformance with the state's current minimum safety standards without financial assistance from the state; (c) due to limited financial, physical, and human resources, it is necessary to establish priorities for the upgrade of dams; and (d) the state and its officers and employees are immune from suit for any injury or damage resulting from the exercise or performance or the failure to exercise or perform any function pursuant to this chapter. (2) The state engineer shall establish minimum standards for existing high hazard dams by rule. The standards for existing high hazard dams may differ from the design criteria established for new construction. (3) No seismic standards shall be established for existing high hazard dams within the flood control use classification. (4) (a) In implementing this section, the state engineer will develop a priority list of high hazard dams. The list will be determined by calculating the relative anticipated breach flows in the event of a dam failure. The dams will be ranked from the largest breach flow to the smallest for all high hazard dams. (b) The state engineer shall investigate annually 25 dams on the priority list in order of their ranking to determine in what areas they are deficient or do not meet minimum standards. (c) Once a determination is made, the owner will be notified that the owner will be required to undertake investigations to determine requirements necessary to bring the dam into compliance with minimum standards. (d) Once the owner has been informed of the deficiencies of the dam, the owner will be given 90 days to respond, in writing, as to what steps the owner is taking to investigate the deficiencies and the time required to complete the investigations. (e) The state engineer will review the proposal, and if it appears reasonable, will approve it. (5) The state engineer may not require any mutual irrigation company or water users association to upgrade a dam in conformance with minimum standards, unless a grant to pay for 80% of the costs is made available from the Board of Water Resources.
Utah Code § 73-33-101 — Utah Code / Title 73 / Chapter 73-33 / § 73-33-101
§ 73-33-101. Definitions.
Status: in_force

As used in this chapter: (1) "Distribution management plan" means a plan adopted by the state engineer in accordance with Section 73-33-201. (2) "Great Salt Lake Comprehensive Management Plan" means the plan adopted by a record of decision by the Division of Forestry, Fire, and State Lands for the management of the Great Salt Lake. (3) "Great Salt Lake meander line" means the same as that term is defined in Section 65A-17-101. (4) "Great Salt Lake water right" means a water right that allows for the diversion of surface water or groundwater from a point below the Great Salt Lake meander line and that contemplates the recovery of salts or another mineral or element, as defined in Section 65A-17-101, from the water resource by precipitation or otherwise. (5) "Great Salt Lake watershed" means the drainage area for the Great Salt Lake, the Bear River watershed, the Jordan River watershed, the Utah Lake watershed, the Weber River watershed, and the West Desert watershed.
Utah Code § 73-13-12 — Utah Code / Title 73 / Chapter 73-13 / § 73-13-12
§ 73-13-12. Errors in copying for Section 73-13-10 -- As invalidating ratification.
Status: in_force

Any error made, if any, in copying the original Compact in Section 73-13-10 hereof, shall be held not to invalidate the ratification of the Compact in any way.
Utah Code § 73-18-20 — Utah Code / Title 73 / Chapter 73-18 / § 73-18-20
§ 73-18-20. Enforcement of chapter -- Authority to stop and board vessels -- Disregarding law enforcement signal to stop as misdemeanor -- Procedure for arrest.
Status: in_force

(1) A law enforcement officer authorized under Title 53, Chapter 13, Peace Officer Classifications, may enforce this chapter, the rules made under this chapter, and the maintenance inspection program for vessels carrying passengers for hire implemented under this chapter. (2) A law enforcement officer authorized under Title 53, Chapter 13, Peace Officer Classifications, has the authority to stop and board a vessel subject to this chapter, whether the vessel is on water or land. If that law enforcement officer determines the vessel is overloaded, unseaworthy, or the safety equipment required by this chapter or rules of the division is not on the vessel, that law enforcement officer may prohibit the launching of the vessel or stop the vessel from operating. (3) An operator who, having received a visual or audible signal from a law enforcement officer authorized under Title 53, Chapter 13, Peace Officer Classifications, to bring the operator's vessel to a stop, operates the vessel in willful or wanton disregard of the signal so as to interfere with or endanger the operation of a vessel or endanger an individual, or who attempts to flee or elude the law enforcement officer whether by vessel or otherwise is guilty of a class A misdemeanor. (4) Whenever an individual is arrested for a violation of this chapter or a rule made under this chapter, the procedure for arrest is the same as described in Sections 77-7-23 and 77-7-24.
Utah Code § 73-18-7.1 — Utah Code / Title 73 / Chapter 73-18 / § 73-18-7.1
§ 73-18-7.1. Fraudulent application for registration or certificate of title.
Status: in_force

A person is guilty of a third degree felony if the person: (1) fraudulently uses a false or fictitious name in any application for a registration or certificate of title for a motorboat, sailboat, or outboard motor; or (2) in making an application specified in Subsection (1): (a) knowingly makes a false statement; (b) knowingly conceals a material fact; or (c) otherwise commits a fraud.
Utah Code § 73-18-15.1 — Utah Code / Title 73 / Chapter 73-18 / § 73-18-15.1
§ 73-18-15.1. Vessel navigation and steering laws.
Status: in_force

(1) The operator of a vessel shall maintain a proper lookout by sight and hearing at all times to avoid the risk of collision. (2) When the operators of two motorboats approach each other where there is risk of collision, each operator shall alter course to the right and pass on the left side of the other. (3) When the operators of two motorboats are crossing paths and are at risk of a collision, the operator of the vessel that has the other vessel on its right side shall keep out of the way and yield right-of-way if necessary. (4) The operator of any vessel overtaking any other vessel shall keep out of the way of the vessel being overtaken. (5) The operator of a vessel underway shall keep out of the way of a: (a) vessel not under command; (b) vessel restricted in its ability to maneuver; (c) vessel engaged in fishing; and (d) sailing vessel. (6) If the operator of one of two vessels is to keep out of the way, the other vessel operator shall maintain his course and speed unless it becomes apparent the other vessel is not taking the appropriate action. (7) In narrow channels an operator of a vessel underway shall keep to the right of the middle of the channel. (8) The operator of a vessel shall proceed at a safe speed at all times so that the operator can take proper and effective action to avoid collision and be stopped within a distance appropriate to the prevailing circumstances or conditions. (9) (a) When the operators of two sailboats are approaching one another so as to involve risk of collision, one of the operators shall keep out of the way of the other as follows: (i) when each has the wind on a different side, the operator of the vessel that has the wind on the left side shall keep out of the way of the other; (ii) when both have the wind on the same side, the operator of the vessel that is to the windward shall keep out of the way of the vessel that is to leeward; and (iii) if the operator of a vessel with the wind on the left side sees a vessel to windward and cannot determine with certainty whether the other vessel has the wind on the left or on the right side, the operator shall keep out of way of the other vessel. (b) For purposes of this Subsection (9), the windward side shall be the side opposite that on which the mainsail is carried. (10) The operator of any vessel may not exceed a wakeless speed when within 150 feet of: (a) another vessel; (b) a person in or floating on the water; (c) a water skier being towed by another boat; (d) a water skier that had been towed behind the operator's vessel unless the skier is still surfing or riding in an upright stance on the wake created by the vessel; (e) a water skier that had been towed behind another vessel and the skier is still surfing or riding in an upright stance on the wake created by the other vessel; (f) a shore fisherman; (g) a launching ramp; (h) a dock; or (i) a designated swimming area. (11) The operator of a motorboat is responsible for any damage or injury caused by the wake produced by the operator's motorboat. (12) (a) Except as provided in Subsection (12)(b) or (12)(c), the operator of a motorboat that is less than 65 feet in length may not exceed a wakeless speed while any person is riding upon the bow decking, gunwales, transom, seatbacks, or motor cover. (b) Subsection (12)(a) does not apply if the motorboat is: (i) between 16 feet and 65 feet in length; and (ii) the motorboat is equipped with adequate rails or other safeguards to prevent a person from falling overboard. (c) (i) As used in this Subsection (12)(c), "v-drive vessel" means a direct or v-drive vessel, and excludes a stern drive vessel, inboard-outboard vessel, outboard vessel, or reverse or forward drive vessel. (ii) An individual may sit on a backward-facing stern seat of a v-drive vessel while an individual is behind the vessel if: (A) the vessel is a v-drive vessel with the propeller underneath the vessel; (B) the individual sitting in the seat is 16 years old or older; (C) the vessel is operating at less than 15 miles per hour; and (D) the vessel's engine is built on or after July 1, 2017, or the vessel has installed a surf pipe or other extended exhaust system that puts exhaust in the water while under power. (13) If a person is riding upon the bow decking of a motorboat that does not have designed seating for passengers, the person shall straddle one of the upright supports of the bow rail and may not block the vision of the operator. (14) The operator of a vessel may not tow a water skier or a person on another device: (a) unless an onboard observer, who is at least eight years of age, is designated by the operator to watch the person being towed; or (b) between sunset and sunrise. (15) A person who violates this section is guilty of a class C misdemeanor.
Utah Code § 73-18-9 — Utah Code / Title 73 / Chapter 73-18 / § 73-18-9
§ 73-18-9. Exemptions from registration.
Status: in_force

Registration under this chapter is not required for any of the following: (1) a motorboat or sailboat that: (a) is already covered by a valid registration issued by its nonresident owner's resident state; and (b) has not been within this state in excess of 60 days for the calendar year; (2) a motorboat or sailboat from a country other than the United States temporarily using the waters of this state; (3) a motorboat or sailboat whose owner is the United States, a state or subdivision thereof; (4) a ship's lifeboat; or (5) a motorboat or sailboat belonging to a class of vessels which is exempted from registration by the division after the division finds: (a) that the registration of motorboats or sailboats of this class will not materially aid in their identification; and (b) that the United States Coast Guard has a numbering system applicable to the class of motorboats or sailboats to which the motorboat or sailboat in question belongs, and the motorboat or sailboat would also be exempt from numbering if it were subject to federal law.
Utah Code § 73-3c-103 — Utah Code / Title 73 / Chapter 73-3c / § 73-3c-103
§ 73-3c-103. Water reuse projects and the Great Salt Lake -- Exception.
Status: in_force

(1) Except as provided in Subsection (3) and notwithstanding the other provisions of this chapter, the director and the state engineer may not approve a water reuse project if the water related to the water reuse project would have otherwise been discharged into a tributary of the Great Salt Lake. (2) The state engineer may, by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, define what is a tributary of the Great Salt Lake. (3) This section does not apply to: (a) a water right owned by the federal government; (b) a water reuse project to supply water to the Great Salt Lake; (c) a water reuse project approved subject to a water replacement plan; or (d) water reuse project applications filed with the director and the state engineer before November 1, 2023, including any future renewals required under Section 19-5-108 for the water reuse project that are submitted after November 1, 2023.
Utah Code § 73-18-17 — Utah Code / Title 73 / Chapter 73-18 / § 73-18-17
§ 73-18-17. Scope of application of chapter -- Identical local ordinances authorized -- Application for special local rules.
Status: in_force

(1) This chapter, and other applicable laws of this state govern the operation, equipment, and numbering of vessels whenever any vessel is operated on the waters of this state, or when any activity regulated by this chapter takes place on the waters of this state. Nothing in this chapter prevents the adoption of any ordinance or local law relating to operation and equipment of vessels, the provisions of which are identical to the provisions of this chapter, amendments to this chapter, and rules promulgated under this chapter. Ordinances or local laws shall be operative only so long as and to the extent that they continue to be identical to provisions of this chapter, amendments to this chapter, and rules promulgated under this chapter. (2) Any political subdivision of this state may, at any time, but only after public notice, formally apply to the division for special rules concerning the operation of vessels on any waters within its territorial limits. The political subdivision shall set forth in the application the reasons which make special rules necessary or appropriate.
Utah Code § 73-26-507 — Utah Code / Title 73 / Chapter 73-26 / § 73-26-507
§ 73-26-507. Repayments returned to Water Resources Conservation and Development Fund -- Deposit of remaining revenue -- Division of Finance authorized to establish accounts.
Status: in_force

(1) Repayments of construction and environmental mitigation costs, the interest charged, and excess hydropower charges shall be deposited in the Water Resources Conservation and Development Fund. (2) The Division of Finance shall establish an enterprise fund, in accordance with Section 51-5-4 and generally accepted accounting principles, for the deposit of revenues designated for operation, maintenance, repair, and replacement. (3) The Division of Finance may establish accounts as necessary or desirable to accomplish the purposes of this chapter.
Utah Code § 73-3-31 — Utah Code / Title 73 / Chapter 73-3 / § 73-3-31
§ 73-3-31. Water right for watering livestock on public land -- Public Water Reserve No. 107.
Status: in_force

(1) As used in this section: (a) "Acquire" means to gain the right to use water through obtaining: (i) an approved application to appropriate water; or (ii) a perfected water right. (b) "Allotment" means a designated area of public land available for livestock grazing. (c) "Animal unit month (AUM)" is the amount of forage needed to sustain one cow and her calf, one horse, or five sheep and goats for one month. (d) (i) "Beneficial user" means the person that has the right to use the grazing permit. (ii) "Beneficial user" does not mean the public land agency issuing the grazing permit. (e) "Grazing permit" means a document authorizing livestock to graze on an allotment. (f) "Livestock" means a domestic animal raised or kept for profit or personal use. (g) "Livestock watering right" means a right for: (i) livestock to consume water: (A) directly from the water source located on public land; or (B) from an impoundment located on public land into which the water is diverted; and (ii) associated uses of water related to the raising and care of livestock on public land. (h) (i) "Public land" means land owned or managed by the United States or the state. (ii) "Public land" does not mean land owned by: (A) the Division of Wildlife Resources; (B) the School and Institutional Trust Lands Administration; (C) the Division of State Parks; or (D) the Division of Forestry, Fire, and State Lands. (i) "Public land agency" means the agency that owns or manages the public land. (j) "Public Water Reserve No. 107" means a claim for water under Public Water Reserve No. 107, Exec. Order of April 17, 1926. (2) A public land agency may not: (a) condition the issuance, renewal, amendment, or extension of any permit, approval, license, allotment, easement, right-of-way, or other land use occupancy agreement regarding livestock on the transfer of any water right directly to the public land agency; (b) require any water user to apply for, or acquire a water right in the name of the public land agency as a condition for the issuance, renewal, amendment, or extension of any permit, approval, license, allotment, easement, right-of-way, or other land use occupancy agreement regarding livestock; or (c) acquire a livestock watering right if the public land agency is not a beneficial user. (3) The state engineer may not approve a change application under Section 73-3-3 for a livestock watering right or Public Water Reserve No. 107 claim without the written consent of the beneficial user. (4) A beneficial user may file a nonuse application under Section 73-1-4 on a livestock watering right or a portion of a livestock watering right that the beneficial user puts to beneficial use. (5) A livestock watering right or Public Water Reserve No. 107 claim is appurtenant to the allotment on which the livestock is watered. (6) A beneficial user may access or improve an allotment as necessary for the beneficial user to beneficially use, develop, and maintain the water right appurtenant to the allotment. (7) If a federal land management agency reduces livestock grazing animal unit month (AUMs) on federal grazing allotments, and the reduction results in the potential, partial forfeiture of an appropriated water right: (a) a beneficial user may file a nonuse application under Section 73-1-4 for the amount of water in question for nonuse as a livestock water right consistent with this section and other state law; (b) the state engineer shall approve a nonuse application filed under this Subsection (7); and (c) the amount of water in question for nonuse as a livestock water right may not be used for a purpose other than watering livestock. (8) Except under Subsection (9), nothing in this section affects a livestock watering right held by a public land agency on May 13, 2014. (9) (a) To recognize a Public Water Reserve No. 107 claim for a spring or water hole on public land owned or managed by a federal public land agency, the state engineer shall: (i) require that the public land agency: (A) file a statement of claim pursuant to Section 73-4-5 with the state engineer; (B) file the statement of claim described in Subsection (9)(a)(i)(A) with the written consent of the beneficial user of the Public Water Reserve No. 107 claim; and (C) establish the extent to which, as of April 17, 1926, the Public Water Reserve No. 107 use supported the beneficial use of livestock watering and human consumption by grazing permittees, including the quantity of water required to fulfill the purpose of the claim; (ii) determine whether the spring or water hole claimed under Public Water Reserve No. 107: (A) is an important spring or a water hole that provides enough water for general use for livestock watering purposes; (B) affords more than enough water for the use of one family and the family's domestic animals; (C) is accessible to livestock and satisfies the need for livestock watering and human consumption by grazing permittees; (D) existed on April 17, 1926; and (E) is formed naturally and not due to artificial development or human-made structures; and (iii) determine whether the purposes described in this Subsection (9) would be frustrated without the water. (b) The state engineer may not recognize more than one Public Water Reserve No. 107 claim within a 40-acre parcel or a Public Water Reserve No. 107 claim that is closer than 1/4 mile from another Public Water Reserve No. 107 claim. (c) The state engineer may not recognize a Public Water Reserve No. 107 claim that has as its beneficial use the watering of wildlife, as defined in Section 23A-1-101. (d) A Public Water Reserve No. 107 claim may not impair a water right that existed before April 17, 1926.
Utah Code § 73-18-22 — Utah Code / Title 73 / Chapter 73-18 / § 73-18-22
§ 73-18-22. Boating Account created -- Contents -- Use of money.
Status: in_force

(1) There is created within the General Fund a restricted account known as the Boating Account. (2) The restricted account shall consist of, except as provided under Sections 73-18-24 and 73-18-25, all registration fees and related money collected by the division or an authorized agent, less the costs of collecting motorboat and sailboat registration fees by an authorized agent. (3) The amount retained by an authorized agent under Subsection (2) may not exceed 20% of the fees charged in Section 73-18-7. (4) Money in the Boating Account may be used for: (a) the construction, improvement, operation, and maintenance of publicly owned boating facilities; (b) boater education; and (c) the payment of the costs and expenses of the division in administering and enforcing this chapter.
Utah Code § 73-28-103 — Utah Code / Title 73 / Chapter 73-28 / § 73-28-103
§ 73-28-103. Definitions.
Status: in_force

As used in this chapter: (1) "Board" means the Board of Water Resources. (2) "Committee" means the Project Management Committee created in Section 73-28-105. (3) (a) "Construction costs" means all costs related to the construction of the project, including the environmental mitigation costs. (b) Construction costs include: (i) acquisition of land and rights-of-way; (ii) board and division expenses related to the project; (iii) compensation for impairment of existing water rights; (iv) construction of the project; (v) design; (vi) engineering; (vii) environmental studies; (viii) legal work; (ix) permitting; (x) planning; and (xi) rebuilding and relocating highways or other facilities affected by the project. (4) "Developed water" means surface water developed by the project. (5) "District" means: (a) the Central Iron County Water Conservancy District; (b) the Kane County Water Conservancy District; (c) the Washington County Water Conservancy District; or (d) any combination of those districts listed in Subsections (5)(a) through (c). (6) "Division" means the Division of Water Resources. (7) "Environmental mitigation costs" means costs associated with obtaining permits required by federal, state, or local governmental agencies. (8) "Preconstruction costs" means any of the following costs incurred before project construction begins: (a) planning; (b) design; (c) engineering studies; (d) legal work; (e) permitting; (f) acquisition of land and rights-of-way; (g) compensation for impairment of existing water rights; (h) environmental studies; or (i) any combination of Subsections (8)(a) through (h). (9) (a) "Project" means the Lake Powell Pipeline project and associated facilities, including: (i) facilities associated with environmental mitigation; (ii) hydroelectric generating works and incidental electrical facilities; (iii) pipelines; and (iv) pumping stations. (b) Notwithstanding Subsection (9)(a), associated facilities do not include the local facilities necessary for the treatment and local delivery of the developed water. (10) "Project costs" include preconstruction costs, construction costs, and project operation, maintenance, repair, and replacement costs.
Utah Code § 73-2-4 — Utah Code / Title 73 / Chapter 73-2 / § 73-2-4
§ 73-2-4. Deputies and assistants -- Employment and salaries -- Purchase of equipment and supplies.
Status: in_force

For the purpose of performing the duties of the state engineer's office the state engineer may: (1) employ one or more deputies and necessary assistants; (2) fix division employees' salaries in accordance with salary standards under Title 63A, Chapter 17, Utah State Personnel Management Act; and (3) purchase necessary equipment and supplies.
Utah Code § 73-10c-10 — Utah Code / Title 73 / Chapter 73-10c / § 73-10c-10
§ 73-10c-10. Origination fee.
Status: in_force

(1) The Drinking Water Board and the Water Quality Board may establish an origination fee for a loan to fund the administration of the programs created by this chapter by following the procedures and requirements of Section 63J-1-504. (2) The Drinking Water Board may establish an origination fee for a federally funded loan to fund the administration of programs allowed by 42 U.S.C. Sec. 300j-12, and regulations created thereunder, by following the procedures and requirements of Section 63J-1-504. (3) An origination fee established in accordance with this section shall be part of the department fee schedule established under Section 19-1-201. (4) Notwithstanding the requirements of Section 63J-1-504, the board shall deposit a fee paid in accordance with this section in the origination fee subaccount created in Section 73-10c-5 and use the fee to administer this chapter. (5) The loan recipient may pay the origination fee from the loan proceeds.
Utah Code § 73-10e-4 — Utah Code / Title 73 / Chapter 73-10e / § 73-10e-4
§ 73-10e-4. Authority to transfer funds.
Status: in_force

The Division of Water Resources may transfer money to the Department of Transportation, as necessary under this chapter, to construct projects whose purposes are primarily to protect state highways or to study or construct Option B set forth in Subsection 73-10e-1(4)(c)(i)(B).
Utah Code § 73-3c-201 — Utah Code / Title 73 / Chapter 73-3c / § 73-3c-201
§ 73-3c-201. Reuse by a public agency owning underlying water right.
Status: in_force

(1) A public agency owning or operating a POTW that treats domestic wastewater consisting of water supplied under a water right the public agency owns may use, or contract for the use of, reuse water if: (a) the water right is administered by the state engineer as a municipal water right; (b) the reuse is consistent, under Subsection 73-3c-302(5), with the underlying water right; and (c) the public agency receives approval in accordance with Sections 73-3c-301 and 73-3c-302. (2) A change application shall be filed in accordance with Section 73-3-3 if the public agency proposes a water reuse that is inconsistent with the underlying water right.
Utah Code § 73-3c-202 — Utah Code / Title 73 / Chapter 73-3c / § 73-3c-202
§ 73-3c-202. Reuse by a public agency under a contract authorizing the use of water.
Status: in_force

(1) A public agency may use or contract for the use of reuse water if: (a) the domestic wastewater consists of water for which the public agency has a reuse authorization contract; (b) the water right is administered by the state engineer as a municipal water right; (c) the reuse is consistent, under Subsection 73-3c-302(5), with the underlying water right; and (d) the public agency receives approval in accordance with Sections 73-3c-301 and 73-3c-302. (2) A change application shall be filed in accordance with Section 73-3-3 if the public agency proposes a water reuse that is inconsistent with the underlying water right.
Utah Code § 73-18b-2 — Utah Code / Title 73 / Chapter 73-18b / § 73-18b-2
§ 73-18b-2. Filing and publishing regulations.
Status: in_force

A copy of the regulations adopted pursuant to this act and any amendments thereto shall be filed in the office of the commission and with the Division of Archives and shall be published in a convenient form.
Utah Code § 73-13-11 — Utah Code / Title 73 / Chapter 73-13 / § 73-13-11
§ 73-13-11. Original compact -- Act as ratifying.
Status: in_force

The Compact ratified by this act is the original signed by the commissioners representing the states of Arizona, Colorado, New Mexico, Utah, and Wyoming, and the secretary of the commission, and approved by the representative of the United States of America, and deposited in the archives of the Department of State of the United States of America, and with the Division of Archives of the state of Utah.
Utah Code § 73-3a-104 — Utah Code / Title 73 / Chapter 73-3a / § 73-3a-104
§ 73-3a-104. Rulemaking power of state engineer.
Status: in_force

In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the state engineer may make rules necessary to administer this chapter.
Utah Code § 73-1-13 — Utah Code / Title 73 / Chapter 73-1 / § 73-1-13
§ 73-1-13. Corporations -- One water company may own stock in another.
Status: in_force

Any irrigation or reservoir company incorporated and existing under the laws of this state may purchase or subscribe for the capital stock of any other similar corporation which at the time of such purchase or subscription shall be or is about to be incorporated; provided, that such purchase or subscription shall be made only when permitted by the articles of incorporation, and such corporations are hereby permitted and authorized to amend their articles of incorporation so as to authorize such purchase or subscription.
Utah Code § 73-18-20.4 — Utah Code / Title 73 / Chapter 73-18 / § 73-18-20.4
§ 73-18-20.4. Duty to report falsified vessel or motor number.
Status: in_force

(1) Any person owning or operating a marina, marine dealership, service station, public garage, paint shop, or a vessel repair shop shall immediately notify the local police authorities of any vessel or outboard motor that has any numbers that have apparently been altered, obliterated, or removed. (2) A violation of this section is a class B misdemeanor.
Utah Code § 73-2-15 — Utah Code / Title 73 / Chapter 73-2 / § 73-2-15
§ 73-2-15. Agreements with federal and state agencies -- Investigations, surveys or adjudications.
Status: in_force

The state engineer, for and on behalf of the state of Utah, with the approval of the executive director of natural resources and the governor, is authorized to enter into agreements with any federal or state agency, subdivision or institution for cooperation in making snow surveys and investigations of both underground and surface water resources of the state. The state engineer is further authorized to cooperate with such agencies, subdivisions and institutions, with the approval of the executive director and the governor, for the investigation of flood and erosion control and for the adjudication of water rights. The expenses of such investigations, surveys and adjudications shall be divided between the cooperating parties upon an equitable basis.
Utah Code § 73-5-4 — Utah Code / Title 73 / Chapter 73-5 / § 73-5-4
§ 73-5-4. Controlling works and measuring devices.
Status: in_force

(1) To assist the state engineer or water commissioner in the regulation, distribution, and measurement of water, a person using water in this state, except as provided by Subsection (4), shall construct or install and maintain controlling works and a measuring device at: (a) each location where water is diverted from a source; and (b) any other location required by the state engineer. (2) A person using water in this state shall make the controlling works and measuring device accessible to the state engineer or water commissioner. (3) The state engineer shall approve the design of: (a) the measuring device; and (b) controlling works so that the state engineer or a water commissioner may regulate and lock the works. (4) A person using water as an instream flow: (a) shall install and maintain a measuring device or stream gauging station in the section of the stream within which the instream flow is maintained; and (b) is not required to install controlling works unless the state engineer's order approving the application requires the installation because controlling works are necessary to achieve the purpose of the application. (5) (a) An owner or manager of a reservoir shall construct and maintain a measuring device as directed by the state engineer to measure the inflow, storage content, and outflow from the reservoir. (b) The state engineer shall approve the design and location of the measuring device. (c) The owner or manager of a reservoir shall make the measuring device accessible to the state engineer or water commissioner. (6) If a water user refuses or neglects to construct or install the controlling works or measuring device after 30 days' notice to do so by the state engineer, the state engineer may: (a) forbid the use of water until the user complies with the state engineer's requirement; and (b) commence enforcement proceedings authorized by Section 73-2-25.
Utah Code § 73-1-3 — Utah Code / Title 73 / Chapter 73-1 / § 73-1-3
§ 73-1-3. Beneficial use basis of right to use.
Status: in_force

Beneficial use shall be the basis, the measure and the limit of all rights to the use of water in this state.
Utah Code § 73-35-501 — Utah Code / Title 73 / Chapter 73-35 / § 73-35-501
§ 73-35-501. Budgeting process.
Status: in_force

7/1/2026 (1) Within the legislative appropriations and in-kind goods and services received by the authority, the authority shall prepare an annual budget of revenues and expenditures for the authority for each fiscal year. (2) The authority may not make expenditures in excess of the total expenditures established in the annual budget as the budget is adopted or amended.
Utah Code § 73-3-32 — Utah Code / Title 73 / Chapter 73-3 / § 73-3-32
§ 73-3-32. Filing protest or judicial review action not required to bring judicial interference claim.
Status: in_force

The following are not a prerequisite to filing a judicial action for interference, damages, declaratory, injunctive, or other relief, based on the use of water under an existing water right: (1) filing a protest to a water right application filed pursuant to this chapter, or to a claim filed under Section 73-5-13; or (2) participation as a party in a judicial review action challenging the state engineer's action on a water right application filed pursuant to this chapter.
Utah Code § 73-2-29 — Utah Code / Title 73 / Chapter 73-2 / § 73-2-29
§ 73-2-29. Agreement with another state -- Regulation, distribution, and administration of interstate water.
Status: in_force

(1) The state engineer, after receiving approval from the executive director of the Department of Natural Resources and the governor, may enter into an agreement with another state to regulate, distribute, and administer the water from an interstate surface water source that is not otherwise subject to an interstate compact. (2) The state engineer may coordinate with another state to implement: (a) the terms of an agreement entered into according to Subsection (1); and (b) an interstate compact that regulates, distributes, or administers an interstate surface water source.
Utah Code § 73-5-13 — Utah Code / Title 73 / Chapter 73-5 / § 73-5-13
§ 73-5-13. Claim to surface or underground water not otherwise represented -- Information required -- Corrections -- Filing -- Investigation -- Publication -- Judicial action to determine validity -- Rules -- Homestead parcels.
Status: in_force

(1) (a) A claimant to the right to the use of water, including both surface and underground water, whose right is not represented by a certificate of appropriation issued by the state engineer, by an application filed with the state engineer, by a court decree, or by a notice of claim filed according to law, shall submit the claim to the state engineer in accordance with this section. (b) Subsections (2) through (7) only apply to a claim or corrected claim submitted to the state engineer in accordance with this section on or after May 14, 2013. (c) Subsection (8) applies to a claim or corrected claim submitted to the state engineer in accordance with this section on or after May 6, 2026. (2) (a) The claimant or the claimant's appointed representative shall verify under oath a claim submitted under this section and submit the claim on a form provided by the state engineer setting forth the information the state engineer requires, including: (i) the name and mailing address of the person making the claim; (ii) the quantity of water claimed in acre-feet or rate of flow in second-feet, or both, when appropriate; (iii) the source of supply; (iv) the claimed priority date of the right; (v) the location of the point of diversion with reference to a United States land survey corner; (vi) the place of use; (vii) the nature and extent of use; (viii) the time during which the water has been used each year; and (ix) the date when the water was first used. (b) A claim described in Subsection (1) shall also include the following information, prepared by a Utah licensed engineer or a Utah licensed land surveyor: (i) measurements of the amount of water diverted; (ii) a statement that the quantity of water claimed either in acre-feet or cubic feet per second is consistent with the beneficial use claimed and the supply that the source is capable of producing; and (iii) a map showing the original diversion and conveyance works and where the water was placed to beneficial use, including irrigated lands, if irrigation is a claimed beneficial use. (c) The state engineer may require additional information as necessary to evaluate a claim described in Subsection (1) including: (i) an affidavit setting forth facts of which the affiant has personal knowledge; (ii) an authenticated or historic photograph, plat or survey map, or surveyor's note; (iii) an authenticated copy of an original diary, personal history, or other historical document that documents the claimed use of water; (iv) evidence of a homestead parcel as defined in Subsection (8); or (v) another relevant record on file with a county recorder's, surveyor's, or assessor's office. (3) (a) A claimant, or a claimant's successor in interest, as shown in the records of the state engineer, may file a corrected claim that: (i) is designated as a corrected claim; (ii) includes the information described in Subsection (2); and (iii) bears the same number as the original claim. (b) If a corrected claim that meets the requirements described in Subsection (3)(a) is filed before the state engineer publishes the original claim in accordance with Subsection (4)(a)(iv), the state engineer may not charge an additional fee for filing the corrected claim. (c) The state engineer shall treat a corrected claim that is filed in accordance with Subsection (3)(a) as if the corrected claim were the original claim. (4) (a) When a claimant submits a claim that is acceptably complete under Subsection (2) and deposits money with the state engineer sufficient to pay the expenses of conducting a field investigation and publishing a notice of the claim, the state engineer shall: (i) file the claim; (ii) endorse the date of the claim's receipt; (iii) assign the claim a water right number; (iv) publish a notice of the claim following the same procedures as provided in Section 73-3-6; and (v) if the claimant is the federal government or a federal agency, provide a copy of the claim to the members of the Natural Resources, Agriculture, and Environment Interim Committee. (b) The state engineer shall return a claim to the claimant that the state engineer determines is not acceptably complete. (c) The state engineer's acceptance of a claim filed under this section is not considered an adjudication by the state engineer of the validity of the claimed water right. (5) (a) The state engineer shall: (i) conduct a field investigation of a claim filed under this section; and (ii) prepare a report of the investigation. (b) In preparing the report of the investigation described in Subsection (5)(a), the state engineer shall: (i) apply Section 73-1-3; and (ii) include an evaluation of the asserted beneficial uses as the asserted beneficial uses existed at the time of the claimed priority date, specifically identifying any portion of the claim that was not placed to beneficial use in accordance with law. (c) The report of the investigation shall: (i) become part of the file on the claim; and (ii) be admissible in an administrative or judicial proceeding regarding the validity of the claim. (6) (a) A person who may be damaged by a diversion and use of water as described in a claim submitted according to this section may file an action in a court with jurisdiction to determine the validity of the claim, regardless of whether the state engineer has filed the claim in accordance with Subsection (4)(a). (b) Venue for an action brought under Subsection (6)(a) is in the county where the point of diversion listed in the claim is located, or in a county where the place of use, or some part of the place of use, is located. (c) A person bringing an action under this Subsection (6) shall bring the action against the claimant to the use of water or the claimant's successor in interest. (d) In an action brought to determine the validity of a claim to the use of water under this section, the claimant has the initial burden of proof as to the validity of the claimed right. (e) (i) A person filing an action challenging the validity of a claim to the use of water under this section shall notify the state engineer of the pendency of the action in accordance with state engineer rules. (ii) Upon receipt of the notice, the state engineer may take no action on a change or exchange application founded on the claim that is the subject of the pending litigation until the court adjudicates the matter. (f) Upon the entering of a final order or decree in a judicial action to determine the validity of a claim under this section, the prevailing party shall file a certified copy of the order or decree with the state engineer, who shall incorporate the order into the state engineer's file on the claim. (7) (a) In a general adjudication of water rights under Title 73, Chapter 4, Determination of Water Rights, after completion of final summons in accordance with Section 73-4-22, a claimant is prohibited from filing a claim under this section in the general adjudication area, division, or subdivision. (b) The state engineer shall return a claim filed under this section to a claimant without further action if: (i) the state engineer receives a claim for an area where the claimant is prohibited from filing the claim under Subsection (7)(a) or Section 73-4-9.5; or (ii) the claim is untimely as provided in Section 73-4-9. (8) (a) As used in this Subsection (8): (i) "Homestead parcel" means the land area of 640 acres or less conveyed by patent from the federal government. (ii) "Livestock" means a domestic animal raised or kept for profit or personal use. (iii) "Livestock watering pond" means a pond that: (A) is formed by precipitation and not the diversion of a water source; (B) has an annual use that meets the condition of Subsection (8)(b)(i); and (C) is used to directly water livestock or for associated uses related to the raising and care of livestock. (iv) "Water right" means the same as that term is defined in Section 73-3c-102. (b) There is a rebuttable presumption that a claimant has the right to the use of a livestock watering pond even though the right is not represented by a certificate of appropriation issued by the state engineer, by an application filed with the state engineer, by a court decree, or by a notice of claim filed according to law if: (i) the aggregate of annual use of all livestock watering ponds that support the homestead parcel is less than 20 acre-feet of water; (ii) the claimant files an acceptably complete claim in accordance with this section; (iii) the claimant deposits money with the state engineer sufficient to pay the expenses of conducting a field investigation and publishing a notice of the claim; (iv) the livestock watering pond is in support of a homestead parcel; and (v) the livestock watering pond: (A) existed before the conveyance of the patent for the homestead parcel; and (B) was used as surface water before 1903. (c) The priority date of a claim described in Subsection (8)(b) is the date on which the homestead parcel is first used in support of livestock notwithstanding that the date is before the patent conveying title to the homestead parcel. (d) The rebuttable presumption described in Subsection (8)(b) may be rebutted by a person protesting a claim based on the impairment of a water right held by the person protesting the claim. A person may rebut the rebuttable presumption described in Subsection (8)(b) by a preponderance of the evidence. (e) If a claimant and a protestant come to a written agreement regarding how the issue of impairment may be mitigated: (i) the state engineer may incorporate the agreement as part of the file on the claim; and (ii) the agreement is admissible in an administrative or judicial proceeding regarding the validity of the claim.
Utah Code § 73-26-106 — Utah Code / Title 73 / Chapter 73-26 / § 73-26-106
§ 73-26-106. Participation of the federal government and other states.
Status: in_force

(1) The division may allow the federal government or the states of Idaho or Wyoming to participate in a project authorized under this chapter for the purpose of developing their water rights. (2) Any participating entity shall pay for all project costs represented by its share of the project.
Utah Code § 73-31-501 — Utah Code / Title 73 / Chapter 73-31 / § 73-31-501
§ 73-31-501. Banking water.
Status: in_force

(1) A water right may be deposited with a water bank pursuant to an approved change application filed under Section 73-3-3 or 73-3-3.5. (2) The state engineer may not approve a change application that authorizes the use of a water right within a water bank for any period of time that exceeds December 31, 2030. (3) A banked water right is excused from beneficial use requirements pursuant to Subsection 73-1-4(2)(e)(xi). (4) A depositor of a banked water right may use the banked water right in its heretofore use if: (a) the depositor does so under the authority, control, and accounting of the water bank; (b) the water bank informs the state engineer that the depositor's heretofore use is consistent with the water bank's operating procedures for loaned water rights; and (c) during the time the depositor uses the banked water right in its heretofore use, the water bank does not allow the banked water right to be used for other uses within the water bank. (5) If an entity authorized to condemn a water right leases a water right under this chapter, the entity may not begin the process of condemning the water right: (a) while the entity leases the water right under this chapter; or (b) within five years after the day on which the entity's lease of the water right under this chapter ends.
Utah Code § 73-3d-402 — Utah Code / Title 73 / Chapter 73-3d / § 73-3d-402
§ 73-3d-402. Payment of compensation.
Status: in_force

(1) (a) A preferential user shall pay an interrupted user an amount equal to the total of the following: (i) the reasonable value of the water interrupted by the preferential use; (ii) applicable crop losses; (iii) other consequential damages incurred as a result of the interruption; and (iv) interest on the amounts described in Subsections (1)(a)(i), (ii), and (iii) in the amount of 8% per annum. (b) Interest described in Subsection (1)(a)(iv) shall start the day on which the preferential user first begins to take water preferentially. (c) A preferential user shall pay an interrupted user the amount described in Subsection (1)(a) by the later of 30 days from the day on which: (i) the preferential user stops diverting water preferentially under this chapter; or (ii) mediation or arbitration under Subsection (2) is complete. (d) (i) Once an interrupted user informs the preferential user of the amount owed under Subsection (1)(a), the preferential user has the burden of proof to prove, by a preponderance of the evidence, that an amount different from that asserted by the interrupted user is owed under Subsection (1)(a). (ii) The burden of proof described in this Subsection (1)(d) applies throughout the process of paying compensation, including during mediation, arbitration, or a court action. (2) (a) (i) If the interrupted user or the preferential user requests mediation, the department shall mediate a dispute over the application of this section. (ii) If the interrupted user and the preferential user jointly request arbitration, the department shall arbitrate a dispute over the application of this section. (b) In conducting mediation under this Subsection (2), Title 78B, Chapter 10, Utah Uniform Mediation Act, applies. (c) (i) In conducting arbitration under this Subsection (2), the department shall follow the Title 78B, Chapter 11, Utah Uniform Arbitration Act. (ii) In applying Title 78B, Chapter 11, Utah Uniform Arbitration Act, the arbitrator and parties shall treat the matter as if: (A) the arbitration was ordered by a court; and (B) the department was appointed as arbitrator by the court. (iii) For the purpose of an arbitration conducted under this section, if the dispute to be arbitrated is not already the subject of legal action, the district court having jurisdiction over the county where the preferential use of water involved in the dispute is located is the court referred to in Title 78B, Chapter 11, Utah Uniform Arbitration Act. (iv) Arbitration by the department is not necessary before bringing legal action to adjudicate a claim under this section. The lack of arbitration by the department does not constitute, and may not be interpreted as constituting, a failure to exhaust available administrative remedies or as a bar to bringing legal action. (v) Arbitration under this section is not subject to Title 63G, Chapter 4, Administrative Procedures Act, or Title 78B, Chapter 6, Part 2, Alternative Dispute Resolution Act. (vi) Within 30 days after an arbitrator issues a final award, any party to the arbitration may submit the dispute, the award, or any issue upon which the award is based, to the district court for review by trial de novo unless the parties agree in advance of arbitration that the arbitration is binding and that no de novo review may occur. (3) (a) If the persons described in Subsection (2) participate in mediation or arbitration under Subsection (2), at the conclusion of the mediation or arbitration, the preferential user shall pay the interrupted user an amount equal to the lesser of: (i) the amount of actual attorney fees incurred; or (ii) $15,000. (b) An interrupted user or preferential user may not seek mediation or arbitration by the Office of the Property Rights Ombudsman under Title 13, Chapter 43, Property Rights Ombudsman Act. (4) In an action when the court is asked to determine the amount described in Subsection (1), the court shall award costs and reasonable attorney fees: (a) to the interrupted user if the preferential user declines to participate in mediation or arbitration under Subsection (2); (b) to the preferential user if the interrupted user declines to participate in mediation or arbitration under Subsection (2); (c) to the interrupted user if the amount determined by the court is 85% or more of: (i) the final amount offered by the interrupted user as part of the mediation described in Subsection (2)(a); or (ii) the final amount determined by the department as a result of arbitration described in Subsection (2); and (d) to the preferential user if the amount determined by the court is less than 85% of: (i) the final amount offered by the interrupted user as part of the mediation described in Subsection (2)(a); or (ii) the final amount determined by the department as a result of arbitration described in Subsection (2). (5) (a) In accordance with this Subsection (5), an interrupted user may apply for one or more 0% interest loans from the commission to compensate the interrupted user while the interrupted user is waiting to be compensated by the preferential user under this section. (b) Before the commission may make a loan under this Subsection (5) to an interrupted user, the interrupted user shall apply for the loan by: (i) providing information sufficient to establish to the satisfaction of the commission: (A) the basis by which the person is entitled to use of the water; (B) the use of water that would have been made by the person without the interruption; (C) the length of the interruption; (D) a good faith estimate of the amount of water the person entitled to the use of water would otherwise have made; (E) the losses and consequential damages incurred as a result of the interruption; and (F) whether the interrupted user has previously received a loan under this Subsection (5) for the same interruption of water use; (ii) agreeing in writing to repay the amount of a loan within 30 days of the day on which the interrupted user is paid in full by the preferential user; and (iii) providing any other information required by rules made by the department in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act. (c) (i) Once the commission obtains a complete application under Subsection (5)(b), the commission shall determine whether the interrupted user is eligible for a loan and the amount to be loaned using reliable third-party market and producer information, when available, as close as possible to the beginning date of the water delivery interruption, except that a single loan may not exceed $150,000. (ii) For agriculture commodities, the commission may determine unit prices and base adjustments by using: (A) applicable United States Department of Agriculture crop pricing data sets; (B) Utah State University Extension data sets; and (C) publications, fact sheets, and enterprise budgets data sets published by a university. (iii) For agriculture commodities, the commission may consider documents filed under Subsection (5)(b) to establish historical production records provided by the interrupted user. (iv) For nonagricultural products or services, the commission may determine the loan amount using information from: (A) other state agencies; (B) federal agencies; and (C) industry leaders within the state associated with the goods or service forgone by the interrupted user. (v) For nonagricultural products or services, the commission shall determine the quantity of units of nonagricultural good and services during the temporary water shortage emergency by using: (A) industry standards, if available; or (B) recent product or service records. (d) The commission may issue a loan to an interrupted user only to the extent that there is money in the fund and the limit on outstanding loans from the fund under Subsection 4-18-106(6) has not been met. The commission shall issue loans from the fund in the order that an interrupted user submits a completed application for the loan. (e) An interrupted user who receives a loan under this Subsection (5) shall repay the amount of the loan within 30 days of the day on which the interrupted user is paid in full by the preferential user. (6) (a) If the department determines that the preferential user fails to comply with Subsection (1), the department may bring suit in a court of competent jurisdiction to require a preferential user to reimburse the fund for a loan issued under Subsection (5) that is based on the use of the water by the preferential user. (b) If the department determines that an interrupted user fails to repay a loan in accordance with Subsection (5), the department may bring suit in a court of competent jurisdiction to require repayment of the loan. (c) If the department prevails in an action brought under this Subsection (6), the department may recover amounts owed, court costs, and reasonable attorney fees. (7) The department shall establish by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, procedures to: (a) request mediation or arbitration under this section; (b) apply for a loan under Subsection (5); (c) determine the amount to be loaned to an interrupted user under Subsection (5); and (d) provide for the repayment of a loan issued under Subsection (5).
Utah Code § 73-2-17 — Utah Code / Title 73 / Chapter 73-2 / § 73-2-17
§ 73-2-17. Authorization of cooperative investigations of groundwater resources.
Status: in_force

The state engineer, for and on behalf of the state of Utah, with the approval of the executive director and the governor, is authorized and directed to enter into an agreement with the United States geological survey or any other federal or state agency, for cooperation in making investigations of the groundwater resources of the state and reporting thereon.
Utah Code § 73-2-16 — Utah Code / Title 73 / Chapter 73-2 / § 73-2-16
§ 73-2-16. Arbitration -- Confirmation by district court.
Status: in_force

The state engineer is authorized to conduct informal proceedings for the arbitration or settlement of disputes over water or the distribution thereof; provided all persons having an interest in the water in controversy shall in writing agree to any settlement effected thereby, and provided further that settlements shall be confirmed by decree of a court of competent jurisdiction.
Utah Code § 73-18c-302 — Utah Code / Title 73 / Chapter 73-18c / § 73-18c-302
§ 73-18c-302. Operating motorboats without owner's or operator's security -- Penalty.
Status: in_force

(1) Any owner of a motorboat on which owner's or operator's security is required under Section 73-18c-301, who operates the motorboat or permits it to be operated on waters of the state without owner's security being in effect is guilty of a class C misdemeanor. (2) Any other person who operates a motorboat upon waters of the state with the knowledge that the owner does not have owner's security in effect for the motorboat is also guilty of a class C misdemeanor, unless that person has in effect owner's or operator's security on a Utah-registered motorboat or its equivalent that covers the operation, by him or her, of the motorboat in question.
Utah Code § 73-4-20 — Utah Code / Title 73 / Chapter 73-4 / § 73-4-20
§ 73-4-20. Revolving fund -- Money expended not assessable against water users -- Transfer of unexpended money to adjudication fund -- Payment of costs of determinations -- Money expended from adjudication fund not assessable against water users -- Surplus to remain in adjudication fund.
Status: in_force

Money heretofore expended from the state engineer's revolving fund in pending adjudications shall not be assessable against the water users. All money remaining and unexpended in the state engineer's revolving fund as of July 1, 1953, including money appropriated to the revolving fund for the biennium ending June 30, 1955, shall be transferred to a fund of the state engineer to be known as the adjudication fund. The revolving fund shall be closed out upon such transfer of money. The state engineer shall pay all costs of determinations with money appropriated to the office of the state engineer and deposited in the adjudication fund and with money transferred to such fund as provided above. The money expended from such fund shall not be assessable against the water users. Any money remaining in such fund at the end of the biennium shall not revert to the general fund but shall remain in the adjudication fund until expended.
Utah Code § 73-4-17 — Utah Code / Title 73 / Chapter 73-4 / § 73-4-17
§ 73-4-17. Certified copy of final judgment -- Filing.
Status: in_force

Within 30 days after the entry of final judgment of the district court, or if an appeal is taken from a district court judgment, within 30 days after the final judgment on remittitur is entered, it shall be the duty of the clerk of the district court to deliver to the state engineer a certified copy of such judgment and to cause a certified copy thereof to be filed with the county recorder of each county in which the water adjudicated is diverted from its natural source and of each county where the water is applied. No filing fee shall be charged by either the state engineer or the county recorder.
Utah Code § 73-22-10 — Utah Code / Title 73 / Chapter 73-22 / § 73-22-10
§ 73-22-10. Judicial review of division actions -- Falsification or omission of filings as misdemeanor -- Limitation of actions.
Status: in_force

(1) (a) Any person aggrieved by any order issued under this chapter may obtain judicial review. (b) Venue for judicial review of informal adjudicative proceedings is in the district court of Salt Lake County, or in the district court of the county in which the complaining person resides. (2) An action or appeal involving any provision of this chapter, or a rule or order issued under it shall be determined as expeditiously as possible. (3) Any person who, for the purpose of evading this chapter or any order of the division issued under it, makes or causes to be made any false entry in any report, record, account, or memorandum required by this chapter, or by any order issued under it, or omits or causes to be omitted from the report, record, account, or memorandum, full, true, and correct entries as required by this chapter, or by an order, or removes from this state or destroys, mutilates, alters, or falsifies the record, account, or memorandum, is guilty of a class A misdemeanor. (4) No suit, action, or other proceeding based upon a violation of this chapter or any order of the division issued under it may be begun or maintained unless the action is begun within two years from the date of the alleged violation.
Utah Code § 73-10g-305 — Utah Code / Title 73 / Chapter 73-10g / § 73-10g-305
§ 73-10g-305. Role of the state council -- Reporting.
Status: in_force

(1) The state council shall: (a) serve as a forum to encourage and facilitate discussion and collaboration by and among the stakeholders relative to the water-related interests of the state and the state's people and institutions; (b) facilitate communication and coordination between the Department of Natural Resources, the Department of Agriculture and Food, the Department of Environmental Quality, and other state and federal agencies in the administration and implementation of water-related activities; (c) facilitate the establishment of local councils by certifying a local council: (i) for the watersheds defined in Section 73-10g-303; and (ii) after reviewing the proceedings and documents submitted by proposed local councils, to ensure that the local council meets the certification requirements in Section 73-10g-306; (d) provide resources and support for the administration of local councils; (e) consult and seek guidance from local councils; (f) advise the Water Development Coordinating Council regarding a unified water infrastructure plan in accordance with Section 73-10g-602; and (g) provide advice to the governor and Legislature on water issues. (2) The state council shall provide updates on the state council's activities annually, by no later than October 1, or as invited, to: (a) the Natural Resources, Agriculture, and Environment Interim Committee; (b) the Legislative Water Development Commission; and (c) the Utah Water Task Force.
Utah Code § 73-31-107 — Utah Code / Title 73 / Chapter 73-31 / § 73-31-107
§ 73-31-107. Fees.
Status: in_force

(1) The board may charge fees, set pursuant to Section 63J-1-504, to cover the costs of processing and administering: (a) a statutory water bank application; or (b) a contract water bank application. (2) The board shall charge a uniform fee for a statutory water bank application and a uniform fee for a contract water bank application. (3) The board may charge a different fee for a statutory water bank application than is charged for a contract water bank application. (4) Fees collected under this section shall be deposited in the General Fund as a dedicated credit to be used by the board to implement this chapter.
Utah Code § 73-12a-3 — Utah Code / Title 73 / Chapter 73-12a / § 73-12a-3
§ 73-12a-3. Original compact -- Act as ratified.
Status: in_force

The compact and treaty ratified by this act is the original signed by members of the Colorado River Commission, approved by a representative of the United States of America, and deposited in the archives of the Department of State of the United States at Washington, D.C. Any error made in copying the original compact and treaty as in Section 73-12a-2 hereof shall be held not to invalidate this ratification or compact and treaty in any way.
Utah Code § 73-26-505 — Utah Code / Title 73 / Chapter 73-26 / § 73-26-505
§ 73-26-505. Interest.
Status: in_force

Interest on the unpaid balance of reimbursable construction and environmental mitigation costs shall be charged at a rate set by the board.
Utah Code § 73-18a-13 — Utah Code / Title 73 / Chapter 73-18a / § 73-18a-13
§ 73-18a-13. Publication of rules.
Status: in_force

The rules promulgated under this chapter shall be published as required by the Utah Administrative Rulemaking Act.
Utah Code § 73-2-1.2 — Utah Code / Title 73 / Chapter 73-2 / § 73-2-1.2
§ 73-2-1.2. Director of Division of Water Rights -- Appointment of state engineer.
Status: in_force

The Division of Water Rights shall be administered by the state engineer who shall act as the director of the Division of Water Rights and who shall be appointed as provided by Section 73-2-1. Nothing contained in this act shall modify, repeal or impair the powers or duties of the state engineer relating to the administration, appropriation, adjudication and distribution of the waters of the state of Utah as are conferred upon the state engineer pursuant to Title 73, Water and Irrigation, or the provisions of any other laws.
Utah Code § 73-3-30.3 — Utah Code / Title 73 / Chapter 73-3 / § 73-3-30.3
§ 73-3-30.3. Dedicated water application.
Status: in_force

(1) As used in this section: (a) "Agricultural land" means land in agricultural use, as defined in Section 59-2-502. (b) "Dedicated water" means water that has been recognized for delivery or use under Section 73-3-30 and a dedicated water application. (c) "Dedicated water application" means an application to change the existing nature of use and place of use for a water right by adding a nature of use for: (i) an instream flow within a specified reach of a natural or altered stream; (ii) use on sovereign lands; or (iii) a project to deliver water to a reservoir located partially or entirely within the Colorado River System in the state in accordance with this section. (d) "Split season use" means making sequential use of a portion of a water right in the same calendar year. (2) A dedicated water application may: (a) be filed for: (i) a fixed period of time; or (ii) an indefinite period of time; and (b) include a split season use. (3) Approval of a dedicated water application does not: (a) change an existing element of the underlying water right; (b) extend the time for filing proof or taking other required action associated with the underlying water right; or (c) require the applicant to make dedicated water available for use in a given year or in a specific quantity or volume. (4) (a) The state engineer shall process a dedicated water application in accordance with Sections 73-3-3 and 73-3-8. (b) The state engineer shall prioritize the processing of a dedicated water application. (c) The state engineer may deny a dedicated water application if the state engineer determines that the dedicated water application would result in land being removed from agricultural land for a full irrigation season in more than two years out of a five-year period on the same agricultural field. (5) The state engineer may require an owner of an approved dedicated water application under this section to provide: (a) annual notice of intent to exercise the dedicated water application; (b) information about the annual volume of water to be dedicated by the owner from the underlying water right; and (c) other information the state engineer considers necessary to: (i) ensure the dedication of water is taking place; (ii) establish that the owner still has a legal interest in the underlying water right used as the basis for the dedication of water; or (iii) determine the quantity of water being dedicated. (6) An approved dedicated water application lapses: (a) automatically on the date the underlying water right that is the basis of the dedicated application: (i) lapses; (ii) is withdrawn; or (iii) is declared forfeited or abandoned; or (b) upon notice from the state engineer if: (i) the applicant no longer holds a legal interest in the underlying water right that is the basis of the dedicated water application; (ii) the delivery of dedicated water can no longer be carried out as stated in the dedicated water application; (iii) the applicant has not complied with the conditions established by the state engineer in the order approving the dedicated water application; or (iv) the applicant fails to provide the information requested by the state engineer under Subsection (5).
Utah Code § 73-22-1 — Utah Code / Title 73 / Chapter 73-22 / § 73-22-1
§ 73-22-1. Short title.
Status: in_force

This chapter shall be known and may be cited as the "Utah Geothermal Resource Conservation Act."
Utah Code § 73-3a-102 — Utah Code / Title 73 / Chapter 73-3a / § 73-3a-102
§ 73-3a-102. Water mixed with substances.
Status: in_force

For the purposes of this chapter, water mixed with substances to form a solution or slurry, for the transportation of dissolved substances or suspended solids, is not considered to have lost its character as water.
Utah Code § 73-3c-303 — Utah Code / Title 73 / Chapter 73-3c / § 73-3c-303
§ 73-3c-303. Inflow of unappropriated water -- Application to appropriate.
Status: in_force

If domestic wastewater inflow to a POTW consists of any unappropriated infiltration water, a person may apply to the state engineer to appropriate the unappropriated infiltration water to a beneficial use in accordance with Section 73-3-8.
Utah Code § 73-10g-206 — Utah Code / Title 73 / Chapter 73-10g / § 73-10g-206
§ 73-10g-206. Agricultural water optimization grants -- Demonstration of water savings.
Status: in_force

(1) The conservation commission may issue a grant described in Subsection 73-10g-204(3) in accordance with the procedures in this section. (2) (a) The committee shall establish funding application periods during which a person may apply for a grant under this part. (b) During a funding application period, a person may file a funding application with the department for preliminary screening of eligibility to receive a grant under this part, including requisite water savings. (c) The department shall screen the funding applications for eligibility. (d) If the department determines that an applicant meets eligibility requirements and proposes water savings, the department shall provide the applicant preliminary approval. (e) After receiving preliminary approval under Subsection (2)(d), the applicant may engage in a pre-filing consultation with the Division of Water Rights under Subsection 73-3-3(2) to determine whether a change application is required to accomplish the project proposed in the funding application or to quantify saved water. (f) Once the Division of Water Rights determines whether the person is required to file a change application, the person may complete the funding application process and file the completed funding application with the committee. (g) The committee shall review completed funding applications to rank the funding applications and recommend to the conservation commission which applicants should receive a grant under this part for the relevant funding application period. (h) The conservation commission may issue a grant under this section only after receipt of the recommendations of the committee. (3) If the conservation commission issues a grant under this part, before the grant recipient may receive the grant money, the grant recipient shall: (a) enter into a contract with the department that includes: (i) the expectations for the grant recipient; (ii) the life expectancy of a project; (iii) the process of certifying completion; and (iv) design requirements; (b) file any needed change application and obtain a final order from the state engineer approving the change application, including any judicial review of the state engineer's order; and (c) demonstrate how the grant recipient shall comply with the requirements of the final order approving the related change application. (4) A grant recipient shall comply with the monitoring and reporting requirements under the contract described in Subsection (3)(a). (5) The department shall: (a) monitor the grant related activities of a grant recipient; (b) certify a project funded by a grant once the project is complete; (c) determine whether there are funding sources other than the account to fund the grant; and (d) provide information needed by the division or the Division of Water Rights to fulfill the division's or the Division of Water Rights' statutory duties, including those designated in this chapter. (6) The department may: (a) conduct outreach campaigns related to the grant program, including the program's purpose and expectations for grant recipients; (b) solicit funding applications and assist persons in applying for a grant under this part; (c) assist grant recipients in developing a project; and (d) coordinate with federal agencies and the division for evaluation of funding applications and for assistance with implementing projects for which funding has been provided under this part. (7) Grant money may be used by the department or a grant recipient for the hiring of third-party consultants as appropriate to complete a project funded by grant money. (8) The division, upon request from the committee, may assist with evaluation of funding applications and implementation of projects funded under this part.
Utah Code § 73-22-7 — Utah Code / Title 73 / Chapter 73-22 / § 73-22-7
§ 73-22-7. Cooperative or unit operation of geothermal area -- Order -- Plan of operation -- Approval of owners -- Amendment.
Status: in_force

(1) The agency or any affected person may commence an adjudicative proceeding to consider the need for cooperative or unit operation of a geothermal area. (2) The division shall order the cooperative or unit operation of part or all of a geothermal area if the division finds that: (a) a developable resource exists; and (b) that this operation is reasonably necessary to prevent waste, to protect correlative rights, or to prevent the drilling of unnecessary wells and will not reduce the ultimate economic recovery of geothermal resources. (3) The division's order for cooperative or unit operations shall be upon terms and conditions that are just and reasonable and satisfy the requirements of Subsection (2). (4) An order by the division for unit operations shall prescribe a plan, including: (a) a description of the geothermal area to be unit operated, termed the unit area; (b) a statement of the nature of the operations contemplated, the time they will commence, and the manner and circumstances under which unit operations shall terminate; (c) an allocation to the separately-owned tracts in the unit area of the geothermal resources produced and of the costs incurred in unit operations. The allocations shall be in accord with the agreement, if any, of the affected parties. If there is no agreement, the division shall determine the allocations from evidence introduced at a hearing before the division. Production shall be allocated in proportion to the relative value that each tract bears to the value of all tracts in the unit area. The acreage of each tract in proportion to the total unit acreage shall be the measure of relative value, unless the division finds after public hearing that another method is likely to result in a more equitable allocation and protection of correlative rights. Resource temperature, pressure, fluid quality, geological conditions, distance to place of use, and productivity are among the factors that may be considered in evaluating other methods. The method for allocating production in unit operations shall be revised, if, after a hearing, the division finds that the revised method is likely to result in a more equitable allocation and protection of correlative rights. Any affected person may file a request for agency action to consider adoption of a revised allocation method, but the request may not be made until three years after the initial order by the division or at less than two-year intervals after that. Upon receipt of a request for consideration of a revised allocation method, the division shall hold a hearing; (d) a provision for adjustment among the owners of the unit area (not including royalty owners) of their respective investment in wells, tanks, pumps, machinery, materials, equipment, and other things and services of value attributable to the unit operations. The amount to be charged unit operations for each item shall be determined by the owners of the unit area (not including royalty owners). If the owners of the unit area are unable to agree upon the amount of the charges or to agree upon the correctness of the charges, any affected party may file a request for agency action. Upon receipt of the request, the division shall hold a hearing to determine them. The net amount charged against the owner of a separately-owned tract shall be considered an expense of unit operation chargeable against that tract. The adjustments provided for in this subsection may be treated separately and handled by agreements separate from the unitization agreement; (e) a provision providing how the costs of unit operations, including capital investments, shall be determined and charged to the separately-owned tracts and how these costs shall be paid, including a provision providing when, how, and by whom the unit production allocated to an owner who does not pay the share of the cost of unit operation charged to that owner, or the interest of that owner, may be sold and the proceeds applied to the payment of the costs. The operator of the unit shall have a first and prior lien for costs incurred pursuant to the plan of unitization upon each owner's geothermal rights and his share of unitized production to secure the payment of the owner's proportionate part of the cost of developing and operating the unit area. This lien may be enforced in the same manner as provided by Title 38, Chapter 1a, Part 7, Enforcement of Preconstruction and Construction Liens. For these purposes any nonconsenting owner is considered to have contracted with the unit operator for his proportionate part of the cost of developing and operating the unit area. A transfer or conversion of any owner's interest or any portion of it, however accomplished, after the effective date of the order creating the unit, does not relieve the transferred interest of the operator's lien on the interest for the cost and expense of unit operations; (f) a provision, if necessary, for carrying or otherwise financing any person who elects to be carried or otherwise financed, allowing a reasonable interest charge for this service payable out of that person's share of the production; (g) a provision for the supervision and conduct of the unit operations, in respect to which each person shall have a vote with a value corresponding to the percentage of the costs of unit operations chargeable against the interest of that person; (h) any additional provisions that are necessary to carry on the unit operations. (5) (a) No order of the division providing for unit operations is effective unless and until the division finds that the plan for unit operations prescribed by the division has been approved in writing by: (i) those persons, who under the division's order, will be required to pay 66% of the costs of the unit operation; and (ii) the owners of 66% of the production or proceeds of the unit operation that are free of costs, such as royalties, overriding royalties, and production payments. (b) If the persons owning the required percentage of interest in the unit area do not approve the plan within six months from the date on which the order is made, the order is ineffective and shall be revoked by the division unless for good cause shown the division extends this time. (6) (a) An order providing for unit operations may be amended by an order of the division in the same manner and subject to the same conditions as an original order for unit operations. (b) If this amendment affects only the rights and interests of the owners, the approval of the amendment by the owners of royalty, overriding royalty, production payments, and other interests that are free of costs is required. (c) Production allocation may be amended only by following the procedures of Subsection (4)(c). (7) (a) All operations, including the commencement, drilling, or operation of a well upon any portion of the unit area are considered for all purposes to be the conduct of those operations upon each separately-owned tract in the unit by the several owners of tracts in the unit. (b) The portions of the unit production allocated to a separately-owned tract in a unit area are, when produced, considered for all purposes to have been actually produced from that tract by a well drilled on it. Good faith operations conducted pursuant to an order of the division providing for unit operations constitutes a complete defense to any suit alleging breach of lease or of contractual obligations covering lands in the unit area to the extent that compliance with these obligations cannot be had because of the order of the division. (8) The portion of the unit production allocated to any tract, and the proceeds from the sale of this production, are the property and income of the several persons to whom, or to whose credit, they are allocated or payable under the order providing for unit operations. (9) (a) Except to the extent that the parties affected so agree, and as provided in Subsection (4)(e), no order providing for unit operations may be construed to result in a transfer of all or any part of the title of any person to the geothermal resource rights in any tract in the unit area. (b) All property, whether real or personal, that is acquired in the conduct of unit operations, is acquired for the account of the owners within the unit area and is the property of those owners in the proportion that the expenses of unit operations are charged.
Utah Code § 73-11-1 — Utah Code / Title 73 / Chapter 73-11 / § 73-11-1
§ 73-11-1. Powers and duties of School and Institutional Trust Lands Administration -- Consolidation -- Purpose.
Status: in_force

(1) The School and Institutional Trust Lands Administration of the state is hereby authorized to merge and consolidate the properties, rights, privileges, and franchises acquired by the state through foreclosures of the mortgage of the Carbon Water Company to the state with the properties, rights, privileges, and franchises of the Price River water conservation district, the Wellington Canal Company, Bryner Plantz Ditch, Bryner Hansen Ditch, Lyn Ditch, Spring Glen Canal, Oberto Ditch, Marchello Ditch, Stowell Canal, Cook Ditch, Price Water Company, Pioneer Ditch Number Two, Allred Ditch, Pioneer Ditch Number One, Carbon Water Company, Tidwell Canal, Snyder Ditch, being all corporations of a similar nature, and others having or owning storage rights in the reservoir of the Price River water conservation district, situated in Carbon and Emery Counties, Utah, pursuant to Title 16, Chapter 10a, Part 11, Merger and Share Exchange, to the end that greater efficiency in the preservation and distribution of water and greater economy of management may be accomplished, and in order to effect the merger and consolidation the School and Institutional Trust Lands Administration is authorized to join in the execution of proper articles of merger and consolidation, providing all of the other constituent parties are duly and regularly authorized to join in the action. (2) The School and Institutional Trust Lands Administration may take and accept stock of the consolidated corporation of sufficient amount and of proper class in full payment for the properties, rights, privileges, and franchises transferred and conveyed to the consolidated corporation.
Utah Code § 73-18-7.3 — Utah Code / Title 73 / Chapter 73-18 / § 73-18-7.3
§ 73-18-7.3. Suspension or revocation of a registration or certificate of title.
Status: in_force

The division or its authorized agent may suspend or revoke the registration or certificate of title of a motorboat, sailboat, or outboard motor if: (1) the division or its authorized agent determines that the registration or certificate of title was fraudulently or erroneously issued; (2) the division or its authorized agent determines that a registered motorboat or sailboat is mechanically unfit or unseaworthy for operation on the waters of this state; (3) a registered motorboat or sailboat has been dismantled or wrecked so that it loses its character as a vessel; (4) the division or its authorized agent determines that the required registration or titling fee has not been paid or is not paid upon reasonable notice and demand; (5) a registration decal or number is knowingly displayed upon a motorboat or sailboat other than the one for which the decal or number was issued; (6) the division or its authorized agent determines that the owner has committed any offense under this chapter or Title 41, Chapter 1a, Part 5, Titling Requirement, involving the registration or certificate of title of a motorboat, sailboat, or outboard motor; or (7) the division or authorized agent is so authorized under any other provision of law.
Utah Code § 73-4-22 — Utah Code / Title 73 / Chapter 73-4 / § 73-4-22
§ 73-4-22. State engineer's duty to search records for and serve summons on claimants -- Filing of affidavit -- Publication of summons -- Binding on unknown claimants.
Status: in_force

(1) The state engineer, throughout the pendency of proceedings, shall serve summons in the manner prescribed by Section 73-4-4 upon all claimants to the use of water in the described source embraced by said action, whenever the names and addresses of said persons come to the attention of the state engineer. (2) Immediately after the notice of the list of unclaimed rights of record is given, in accordance with Section 73-4-9.5 hereof, the state engineer shall diligently search for the names and addresses of any claimants to water in the source covered by the general adjudication area, division, or subdivision who have not been previously served with summons other than by publication, and shall serve summons on any such persons located. (3) (a) After the state engineer has exhausted the search for other claimants, as described in Subsection (2), the state engineer shall: (i) make such fact known to the district court by affidavit; and (ii) in accordance with Subsection (3)(b), publish summons five times, once each week, for five successive weeks. (b) A summons described in Subsection (3)(a)(ii) shall be substantially in the following form:"In the District Court of .......... County, State of Utah, in the matter of the general adjudication of water rights in the described water source.SUMMONSThe State of Utah to the said defendant:You are hereby summoned in the above entitled action, which is brought for the purpose of making a general determination of the water rights of the described water source. Upon the service of this summons on you, you will thereafter be subject to the jurisdiction of the entitled court and, if you have or intend to claim a water right, it shall be your duty to follow further proceedings in the above entitled action and to defend and protect your water rights therein. If you have not been served with summons other than by publication in a newspaper and you claim a water right for which you have not previously filed a statement of claim, you must file a statement of claim in accordance with Section 73-4-5 in this action setting forth the nature of your claim within 90 days after the last date of publication of this summons. Your failure to do so will constitute a default in the premises and a judgment may be entered against you declaring and adjudging that you have forfeited all rights to the use of water within the described water source and that you are forever barred and estopped from subsequently asserting any right to the use of water not claimed." (4) An unknown claimant who has not been served with a summons other than by publication in a newspaper and has or intends to claim a water right, shall file a statement of claim in accordance with Section 73-4-5 within 90 days after the last day on which a summons is published as described in Subsection (3)(a)(ii). (5) Service of the published summons described in Subsection (3)(a)(ii) is binding on all unknown claimants.
Utah Code § 73-10g-703 — Utah Code / Title 73 / Chapter 73-10g / § 73-10g-703
§ 73-10g-703. Powers and duties of water agent.
Status: in_force

(1) (a) In consultation with the speaker of the House of Representatives, president of the Senate, and governor, the water agent shall explore and negotiate with officials of other states, tribes, and other government entities regarding possible water augmentation projects, including: (i) for the citizens of Utah, representing the state concerning waters of out-of-state rivers, lakes, and other sources of supply of waters except when representation is otherwise provided in statute; (ii) identifying potential out-of-state water resources, including land or a facility necessary for the use of the water resources; (iii) working with the council and division to match the water resources described in Subsection (1)(a)(ii) to needs identified by the council or division; (iv) establishing a strategy to designate what out-of-state water resources to pursue and how to execute that strategy; (v) negotiating directly with out-of-state partners to execute the strategy described in Subsection (1)(a)(iv); (vi) represent the state in interstate conferences between the state and one or more sister states held for the purpose of entering into compacts between such states for the division of the waters of interstate rivers, lakes, or other sources of water supply, and to represent the state upon commissions or other governing bodies provided for by compacts that have been or may be entered into between the state and one or more sister states, except that a compact is not binding on the state until the compact is ratified and approved by the Legislature and the legislatures of other states that are parties to the compact; (vii) recommending to the Legislature and to the council actions that may assist in the development of, strategies for, and execution of water augmentation projects; and (viii) annually, by no later than October 1, reporting findings and recommendations to: (A) the governor; (B) the president of the Senate; (C) the speaker of the House of Representatives; (D) the Legislative Water Development Commission created in Section 73-27-102; (E) the Natural Resources, Agriculture, and Environment Interim Committee; and (F) the Board of Water Resources created in Section 73-10-1.5. (b) The water agent may recommend to the Board of Water Resources, created in Section 73-10-1.5, a water augmentation project that the water agent negotiates under this section, if the water augmentation project is in the best interest of the people of this state and the state's water resources. (2) The water agent shall consult and work with the council, state entities, the Colorado River Authority of Utah, and other bodies established by the state for interstate water negotiations. (3) Subject to Title 63G, Chapter 2, Government Records Access and Management Act, upon request of the water agent, a state or local entity shall provide to the water agent a document, report, or information available within the state or local entity. (4) The water agent may negotiate with tribes in accordance with this section. (5) This chapter may not be interpreted to override, substitute, or modify a water right within the state or the role and authority of the state engineer. (6) In implementing this part, the water agent shall at least monthly coordinate with and receive input from the relevant divisions within the Department of Natural Resources regarding the water agent's activities.
Utah Code § 73-4-21 — Utah Code / Title 73 / Chapter 73-4 / § 73-4-21
§ 73-4-21. Duty to update address and ownership -- Duty to follow court proceedings -- Additional notice.
Status: in_force

(1) After the service of summons in the manner prescribed by Section 73-4-4, it shall be the duty of every person served individually or by publication to: (a) record any change in address or water right ownership with the state engineer; and (b) follow all court proceedings. (2) Except as provided in Subsection (3), the state engineer is not required to provide any further or additional notice except the notice: (a) that the statement of claim is due as prescribed by Section 73-4-3; (b) of the list of unclaimed rights of record, as described in Section 73-4-9.5; and (c) of the proposed determinations as provided by Section 73-4-11. (3) The district court may require notice of other proceedings to be given when, in the judgment of the court, it considers notice necessary.
Utah Code § 73-16-3 — Utah Code / Title 73 / Chapter 73-16 / § 73-16-3
§ 73-16-3. Ratification of compact.
Status: in_force

The compact ratified by this act is the original signed by the commissioners representing the states of Idaho, Utah, and Wyoming, and the secretary of the commission, and approved by the representative of the United States of America, and deposited in the archives of the Department of State of the United States of America and with the Division of Archives of the state of Utah.
Utah Code § 73-1-14 — Utah Code / Title 73 / Chapter 73-1 / § 73-1-14
§ 73-1-14. Acts against water facilities or interfering with apportioning official -- Penalty and liability.
Status: in_force

(1) As used in this section: (a) "Connection to a water facility" includes: (i) to introduce water or another substance into or take water from a water facility through a pipeline, flume, ditch, canal, trench, holding pond, or water collection structure; (ii) to place or maintain a structure capable of introducing water or another substance directly into or of taking water from a water facility from a pipeline, flume, ditch, canal, trench, holding pond, or water collection structure; or (iii) to cut into or breach a canal or ditch bank for the purpose of introducing water or another substance into or of taking water from the canal or ditch. (b) "Interfere," for purposes of a water facility, means damage to or modification of the water facility that results in actual blockage or diversion of water, stormwater, wastewater, or sewage. (c) "Knowingly" means the same as that term is defined in Section 76-2-103. (d) "Water facility" means a dam, pipeline, culvert, fire hydrant, flume, conduit, ditch, head gate, canal, reservoir, storage tank, spring box, well, meter, weir, valve, casing, cap, or other facility used for the diversion, transportation, distribution, measurement, collection, containment, or storage of water, stormwater, wastewater, or sewage. (2) Subject to Subsection (6), a person is guilty of a crime punishable under Section 73-2-27 if the person: (a) knowingly makes a temporary or permanent connection to, or interferes with, a water facility without: (i) first obtaining the written consent of the owner or operator of the water facility; or (ii) having other lawful authority; or (b) without lawful authority, knowingly interferes with an individual authorized to apportion water while in the discharge of the individual's duties. (3) A person who commits an act defined as a crime under this section is also liable for damages, other relief, and reasonable costs and attorney fees as provided in Section 73-2-28, in a civil action brought by a person injured by that act. (4) (a) A civil action under this section may be brought independent of a criminal action. (b) Proof of the elements of a civil action under this section need only be made by a preponderance of the evidence. (5) A person who complies with Title 54, Chapter 8a, Damage to Underground Utility Facilities, Section 73-1-7, or Section 73-1-15.5 may not be held criminally or civilly liable for actions allowed by those sections. (6) (a) "Person" for purposes of this section does not include a government entity, including a political subdivision of the state. (b) This section may not be interpreted to limit or impair a claim otherwise provided by law of a water facility owner or operator against a government entity.
Utah Code § 73-2-1.1 — Utah Code / Title 73 / Chapter 73-2 / § 73-2-1.1
§ 73-2-1.1. Division of Water Rights -- Creation -- Power and authority.
Status: in_force

There is created the Division of Water Rights, which shall be within the Department of Natural Resources under the administration and general supervision of the executive director of natural resources. The Division of Water Rights shall be the water rights authority of the state of Utah and is vested with such powers and required to perform such duties as are set forth in law.
Utah Code § 73-3b-202 — Utah Code / Title 73 / Chapter 73-3b / § 73-3b-202
§ 73-3b-202. Issuance of recharge permit -- Criteria -- Conditions.
Status: in_force

The state engineer: (1) shall issue a recharge permit if: (a) the applicant has: (i) the technical and financial capability to construct and operate the recharge project; and (ii) (A) a valid water right for the use of the water proposed to be artificially recharged; or (B) an agreement to use the water proposed to be artificially recharged with a person who has a valid water right for the use of the water proposed to be artificially recharged; and (b) the project: (i) is hydrologically feasible; (ii) will not cause unreasonable harm to land; (iii) will not impair any existing water right within the area of hydrologic impact; and (iv) will not adversely affect the water quality of the aquifer; (2) shall condition any approval on acquiring the applicable water quality permits prior to construction and operation of the recharge project; and (3) may attach to the permit any condition the state engineer determines is appropriate.
Utah Code § 73-18a-8 — Utah Code / Title 73 / Chapter 73-18a / § 73-18a-8
§ 73-18a-8. Public marinas -- Duty to maintain waste disposal facilities.
Status: in_force

The owner or whoever is lawfully vested with the possession, management, or control of a public marina or other public waterside facility used by a vessel for launching, docking, mooring, and related purposes shall be required to have, and properly maintain, waste receptacles or similar devices of proper design for the depositing of waste, litter, and human body waste, as required at locations where they can be conveniently used by a vessel's occupants. Waterside toilet facilities may be required if their absence contributes to or creates unsightliness or a hazard to the public health and welfare.
Utah Code § 73-10d-2 — Utah Code / Title 73 / Chapter 73-10d / § 73-10d-2
§ 73-10d-2. Citation of chapter.
Status: in_force

This act shall be known and may be cited as the "Utah Privatization Act."
Utah Code § 73-5a-204 — Utah Code / Title 73 / Chapter 73-5a / § 73-5a-204
§ 73-5a-204. Application for approval.
Status: in_force

(1) If the submission of plans is not required by Subsection 73-5a-202(1) or is waived pursuant to Subsection 73-5a-202(3), approval to construct, enlarge, repair, alter, remove, or abandon the dam must be obtained by submitting an application to the state engineer. (2) The application shall contain: (a) the location of the dam; (b) physical dimensions of the dam; (c) water rights attached to the dam; and (d) any other information or drawings as required by the state engineer to evaluate the application. (3) Upon review, the application will be approved, rejected, or approved with conditions.
Utah Code § 73-15-6 — Utah Code / Title 73 / Chapter 73-15 / § 73-15-6
§ 73-15-6. Cloud-seeding contractors -- Registration.
Status: in_force

Any individual or organization that would like to become a cloud-seeding contractor in the state of Utah shall register with the Division of Water Resources. As a part of the registration the applicant shall meet qualifications established by the Division of Water Resources and submit proof of financial responsibility in order to give reasonable assurance of protection to the public in the event it should be established that damages were caused to third parties as a result of negligence in carrying out a cloud-seeding project.
Utah Code § 73-3-5.6 — Utah Code / Title 73 / Chapter 73-3 / § 73-3-5.6
§ 73-3-5.6. Applications to appropriate or permanently change a small amount of water -- Proof of appropriation or change.
Status: in_force

(1) As used in this section: (a) "Application" means an application to: (i) appropriate a small amount of water; or (ii) permanently change a small amount of water. (b) "Livestock water right" means a right for: (i) livestock to consume water: (A) directly from the water source; or (B) from an impoundment into which the water is diverted; and (ii) associated uses of water related to the raising and care of livestock. (c) "Proof" means proof of: (i) appropriation; or (ii) permanent change. (d) "Small amount of water" means the amount of water necessary to meet the requirements of: (i) one residence; (ii) 1/4 acre of irrigable land; and (iii) a livestock watering right for: (A) 10 cattle; or (B) the equivalent amount of water of Subsection (1)(d)(iii)(A) for livestock other than cattle. (2) The state engineer may approve an application if: (a) the state engineer undertakes a thorough investigation of the application; (b) notice is provided in accordance with Subsection (3); (c) the application complies with the state engineer's regional policies and restrictions and Section 73-3-3 or 73-3-8, as applicable; and (d) the application does not conflict with a political subdivision's ordinance: (i) for planning, zoning, or subdivision regulation; or (ii) under Section 10-8-15. (3) (a) Advertising of an application specified in Subsection (2) is at the discretion of the state engineer. (b) If the state engineer finds that the uses proposed by the application may impair other rights, before approving the application, the state engineer shall give notice of the application according to Section 73-3-6. (4) An applicant receiving approval under this section is responsible for the time limit for construction and submitting proof as required by Subsection (6). (5) Sixty days before the end of the time limit for construction, the state engineer shall notify the applicant by mail, or send notice electronically if receipt is verifiable, when proof is due. (6) (a) Notwithstanding Section 73-3-16, the state engineer shall issue a certificate under Section 73-3-17 if, as proof, the applicant files an affidavit: (i) on a form provided by the state engineer; (ii) that specifies the amount of: (A) irrigated land; and (B) livestock watered; and (iii) that declares the residence is constructed and occupied. (b) The form provided by the state engineer under Subsection (6)(a) may require the information the state engineer determines is necessary to maintain accurate records regarding the point of diversion and place of use. (7) For a proof filed under Subsection (6) that does not conform to the underlying approved application, the state engineer may issue a certificate under Section 73-3-17 if the discrepancy between the proof and the underlying approved application does not impair existing rights and: (a) the point of diversion represented in the proof is: (i) located within 660 feet of the corresponding point of diversion described in the underlying approved application; and (ii) located on the same parcel as described in the underlying approved application; (b) the place of use represented in the proof is located in a quarter-quarter section or lot that is adjacent to the place of use in the underlying approved application; or (c) the purpose of use represented in the proof is adjusted without exceeding the amount of water defined under Subsection (1)(d). (8) If an applicant does not file the proof required by Subsection (6) by the day on which the time limit for construction ends, the application lapses under Section 73-3-18. (9) (a) Except as provided in Subsections (10) and (11), an applicant whose application lapses may file a request with the state engineer to reinstate the application, if the applicant demonstrates that the applicant or the applicant's predecessor in interest: (i) constructed and occupied a residence within the time limit for construction; and (ii) beneficially uses the water. (b) Except as provided in Subsection (11), if an applicant meets the requirements of Subsection (9)(a) and submits an affidavit as provided by Subsection (6), the state engineer shall issue a certificate for the beneficial uses the applicant attests to in an affidavit described in Subsection (6). (10) For an application related to the use of water located within an area where general determination proceedings under Title 73, Chapter 4, Determination of Water Rights, are pending or concluded, an applicant whose application lapses may not file a request for reinstatement with the state engineer if: (a) the application lapsed before the state engineer issued notice of the time to file a statement of water users claim under Section 73-4-3; and (b) the applicant failed to timely submit a statement of claim as described in Subsection (11)(c)(ii). (11) For an application related to the use of water located within an area where general determination proceedings under Title 73, Chapter 4, Determination of Water Rights, are pending, the state engineer shall allow a reinstatement request under Subsection (9)(a) and, instead of issuing a certificate, evaluate the reinstatement request and statement of claim as part of the general adjudication for the area, if: (a) the application lapsed before the state engineer issued notice of the time to file a statement of water users claim under Section 73-4-3; (b) the applicant files the request for reinstatement no more than 90 days after the day on which the state engineer issues the notice of the time to file statements of claim in accordance with Section 73-4-3; and (c) the applicant files: (i) an affidavit described in Subsection (6); and (ii) a timely statement of claim under Section 73-4-5. (12) If an applicant fulfills the requirements in Subsection (11), the state engineer may issue a certificate before evaluating the claim in the general adjudication. (13) The priority date for an application reinstated under this section is the day on which the applicant files the request for reinstatement of the application.
Utah Code § 73-31-206 — Utah Code / Title 73 / Chapter 73-31 / § 73-31-206
§ 73-31-206. Amending application.
Status: in_force

(1) After the board approves a statutory water bank's application under this part, the statutory water bank may seek to amend the statutory water bank's application by filing a description of the proposed amendment with the board. The board shall follow the procedures of Sections 73-31-201, 73-31-204, and 73-31-205 to approve an amendment to a statutory water bank's application. (2) An amendment approved by the board becomes effective on the first day of the next reporting year.
Utah Code § 73-31-304 — Utah Code / Title 73 / Chapter 73-31 / § 73-31-304
§ 73-31-304. Review of contract water bank application.
Status: in_force

(1) After complying with Section 73-31-303, the board shall approve an application for a contract water bank if the application satisfies Section 73-31-302, 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 contract water bank; and (b) publish a summary of the information submitted by the public entity under Subsection 73-31-302(1) 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 the 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. (4) A contract water bank may review public comments and comments from the board before a final decision is made by the board. If the contract water bank desires to make changes to the contract water bank's application, the contract water bank may notify the board in writing before the board takes action on the application that the contract water bank will submit a revised application following the same process that governs the filing of an original application.
Utah Code § 73-10-34 — Utah Code / Title 73 / Chapter 73-10 / § 73-10-34
§ 73-10-34. Secondary water metering -- Loans and grants.
Status: in_force

(1) As used in this section: (a) "Agriculture use" means water used on land assessed under Title 59, Chapter 2, Part 5, Farmland Assessment Act. (b) (i) "Commercial user" means a secondary water user that is a place of business. (ii) "Commercial user" does not include a multi-family residence, an agricultural user, or a customer that falls within the industrial or institutional classification. (c) "Critical area" means an area: (i) serviced by one of the four largest water conservancy districts, as defined in Section 17B-1-102, measured by operating budgets; or (ii) within the Great Salt Lake basin, which includes: (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 (1)(c)(ii)(B) through (F); and (H) the drainage area of Tooele Valley. (d) "Full metering" means that use of secondary water is accurately metered by a meter that is installed and maintained on every secondary water connection of a secondary water supplier. (e) (i) "Industrial user" means a secondary water user that manufactures or produces materials. (ii) "Industrial user" includes a manufacturing plant, an oil and gas producer, and a mining company. (f) (i) "Institutional user" means a secondary water user that is dedicated to public service, regardless of ownership. (ii) "Institutional user" includes a school, church, hospital, park, golf course, and government facility. (g) "Power generation use" means water used in the production of energy, such as use in an electric generation facility, natural gas refinery, or coal processing plant. (h) (i) "Residential user" means a secondary water user in a residence. (ii) "Residential user" includes a single-family or multi-family home, apartment, duplex, twin home, condominium, or planned community. (i) "Secondary water" means water that is: (i) not culinary or water used on land assessed under Title 59, Chapter 2, Part 5, Farmland Assessment Act; and (ii) delivered to and used by an end user for the irrigation of landscaping or a garden. (j) "Secondary water connection" means the location at which the water leaves the secondary water supplier's pipeline and enters into the remainder of the pipes that are owned by another person to supply water to an end user. (k) "Secondary water supplier" means an entity that supplies pressurized secondary water. (l) "Small secondary water retail supplier" means an entity that: (i) supplies pressurized secondary water only to the end user of the secondary water; and (ii) (A) is a city or town; or (B) supplies 5,000 or fewer secondary water connections. (2) (a) (i) A secondary water supplier that supplies secondary water within a county of the first or second class and begins design work for new service on or after April 1, 2020, to a commercial, industrial, institutional, or residential user shall meter the use of pressurized secondary water by the users receiving that new service. (ii) A secondary water supplier that supplies secondary water within a county of the third, fourth, fifth, or sixth class and begins design work for new service on or after May 4, 2022, to a commercial, industrial, institutional, or residential user shall meter the use of pressurized secondary water by the users receiving that new service. (b) By no later than January 1, 2030, a secondary water supplier shall install and maintain a meter of the use of pressurized secondary water by each user receiving secondary water service from the secondary water supplier. (c) Beginning January 1, 2022, a secondary water supplier shall establish a meter installation reserve for metering installation and replacement projects. (d) A secondary water supplier, including a small secondary water retail supplier, may not raise the rates charged for secondary water: (i) by more than 10% in a calendar year for costs associated with metering secondary water unless the rise in rates is necessary because the secondary water supplier experiences a catastrophic failure or other similar event; or (ii) unless, before raising the rates on the end user, the entity charging the end user provides a statement explaining the basis for why the needs of the secondary water supplier required an increase in rates. (e) (i) A secondary water supplier that provides pressurized secondary water to a commercial, industrial, institutional, or residential user shall develop a plan, or if the secondary water supplier previously filed a similar plan, update the plan for metering the use of the pressurized water. (ii) The plan required by this Subsection (2)(e) shall be filed or updated with the Division of Water Resources by no later than December 31, 2025, and address the process the secondary water supplier will follow to implement metering, including: (A) the costs of full metering by the secondary water supplier; (B) how long it would take the secondary water supplier to complete full metering, including an anticipated beginning date and completion date, except a secondary water supplier shall achieve full metering by no later than January 1, 2030; and (C) how the secondary water supplier will finance metering. (3) A secondary water supplier shall on or before March 31 of each year, report to the Division of Water Rights: (a) for commercial, industrial, institutional, and residential users whose pressurized secondary water use is metered, the number of acre feet of pressurized secondary water the secondary water supplier supplied to the commercial, industrial, institutional, and residential users during the preceding 12-month period; (b) the number of secondary water meters within the secondary water supplier's service boundary; (c) a description of the secondary water supplier's service boundary; (d) the number of secondary water connections in each of the following categories through which the secondary water supplier supplies pressurized secondary water: (i) commercial; (ii) industrial; (iii) institutional; and (iv) residential; (e) the total volume of water that the secondary water supplier receives from the secondary water supplier's sources; and (f) the dates of service during the preceding 12-month period in which the secondary water supplier supplied pressurized secondary water. (4) (a) Beginning July 1, 2019, the Board of Water Resources may make low-interest loans available each year: (i) from the Water Resources Conservation and Development Fund, created in Section 73-10-24; and (ii) for financing the cost of secondary water metering. (b) The Division of Water Resources and the Board of Water Resources shall make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, establishing the criteria and process for receiving a loan described in this Subsection (4), except the rules may not include prepayment penalties. (5) (a) Beginning July 1, 2021, subject to appropriation, the Division of Water Resources may make matching grants each year for financing the cost of secondary water metering for a commercial, industrial, institutional, or residential user by a small secondary water retail supplier that: (i) is not for new service described in Subsection (2)(a); and (ii) matches the amount of the grant. (b) For purposes of issuing grants under this section, the division shall prioritize the small secondary water retail suppliers that can demonstrate the greatest need or greatest inability to pay the entire cost of installing secondary water meters. (c) The amount of a grant under this Subsection (5) may not: (i) exceed 50% of the small secondary water retail supplier's cost of installing secondary water meters; or (ii) supplant federal, state, or local money previously allocated to pay the small secondary water retail supplier's cost of installing secondary water meters. (d) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the Board of Water Resources shall make rules establishing: (i) the procedure for applying for a grant under this Subsection (5); and (ii) how a small secondary water retail supplier can establish that the small secondary water retail supplier meets the eligibility requirements of this Subsection (5). (6) Nothing in this section affects a water right holder's obligation to measure and report water usage as described in Sections 73-5-4 and 73-5-8. (7) If a secondary water supplier fails to comply with Subsection (2)(b), the secondary water supplier: (a) beginning January 1, 2030, may not receive state money for water related purposes until the secondary water supplier completes full metering; and (b) is subject to an enforcement action of the state engineer in accordance with Subsection (8). (8) (a) (i) The state engineer shall commence an enforcement action under this Subsection (8) if the state engineer receives a referral from the director of the Division of Water Resources. (ii) The director of the Division of Water Resources shall submit a referral to the state engineer if the director: (A) finds that a secondary water supplier fails to fully meter secondary water as required by this section; and (B) determines an enforcement action is necessary to conserve or protect a water resource in the state. (b) To commence an enforcement action under this Subsection (8), the state engineer shall issue a notice of violation that includes notice of the administrative fine to which a secondary water supplier is subject. (c) The state engineer's issuance and enforcement of a notice of violation is exempt from Title 63G, Chapter 4, Administrative Procedures Act. (d) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the state engineer shall make rules necessary to enforce a notice of violation, that includes: (i) provisions consistent with this Subsection (8) for enforcement of the notice if a secondary water supplier to whom a notice is issued fails to respond to the notice or abate the violation; (ii) the right to a hearing, upon request by a secondary water supplier against whom the notice is issued; and (iii) provisions for timely issuance of a final order after the secondary water supplier to whom the notice is issued fails to respond to the notice or abate the violation, or after a hearing held under Subsection (8)(d)(ii). (e) A person may not intervene in an enforcement action commenced under this section. (f) After issuance of a final order under rules made pursuant to Subsection (8)(d), the state engineer shall serve a copy of the final order on the secondary water supplier against whom the order is issued by: (i) personal service under Utah Rules of Civil Procedure, Rule 5; or (ii) certified mail. (g) (i) The state engineer's final order may be reviewed by trial de novo by the court with jurisdiction in Salt Lake County or the county where the violation occurred. (ii) A secondary water supplier 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 the secondary water supplier. (h) The state engineer may bring suit in a court with jurisdiction to enforce a final order issued under this Subsection (8). (i) If the state engineer prevails in an action brought under Subsection (8)(g) or (h), the state may recover court costs and a reasonable attorney fee. (j) As part of a final order issued under this Subsection (8), the state engineer shall order that a secondary water supplier to whom an order is issued pay an administrative fine equal to: (i) $10 for each non-metered secondary water connection of the secondary water supplier for failure to comply with full metering by January 1, 2030; (ii) $20 for each non-metered secondary water connection of the secondary water supplier for failure to comply with full metering by January 1, 2031; (iii) $30 for each non-metered secondary water connection of the secondary water supplier for failure to comply with full metering by January 1, 2032; (iv) $40 for each non-metered secondary water connection of the secondary water supplier for failure to comply with full metering by January 1, 2033; and (v) $50 for each non-metered secondary water connection of the secondary water supplier for failure to comply with full metering by January 1, 2034, and for each subsequent year the secondary water supplier fails to comply with full metering. (k) Money collected under this Subsection (8) shall be deposited into the Water Resources Conservation and Development Fund, created in Section 73-10-24. (9) A secondary water supplier located within a county of the fifth or sixth class is exempt from Subsections (2)(a), (2)(b), (2)(c), (2)(e), (7), and (8) if: (a) the owner or operator of the secondary water supplier seeks an exemption under this Subsection (9) by establishing with the Division of Water Resources that the cost of purchasing, installing, and upgrading systems to accept meters exceeds 25% of the total operating budget of the owner or operator of the secondary water supplier; (b) the secondary water supplier agrees to not add a new secondary water connection to the secondary water supplier's system on or after May 4, 2022; (c) within six months of when the secondary water supplier seeks an exemption under Subsection (9)(a), the secondary water supplier provides to the Division of Water Resources a plan for conservation within the secondary water supplier's service area that does not require metering; (d) the secondary water supplier annually reports to the Division of Water Resources on the results of the plan described in Subsection (9)(c); and (e) the secondary water supplier submits to evaluations by the Division of Water Resources of the effectiveness of the plan described in Subsection (9)(c). (10) A secondary water supplier is exempt from Subsections (2)(a), (2)(b), (2)(c), (2)(e), (7), and (8) to the extent that the secondary water supplier: (a) is unable to obtain a meter that a meter manufacturer will warranty because of the water quality within a specific location served by the secondary water supplier; (b) submits reasonable proof to the Division of Water Resources that the secondary water supplier is unable to obtain a meter as described in Subsection (10)(a); (c) within six months of when the secondary water supplier submits reasonable proof under Subsection (10)(b), provides to the Division of Water Resources a plan for conservation within the secondary water supplier's service area that does not require metering; (d) annually reports to the Division of Water Resources on the results of the plan described in Subsection (10)(c); and (e) submits to evaluations by the Division of Water Resources of the effectiveness of the plan described in Subsection (10)(c). (11) A secondary water supplier that is located within a critical management area that is subject to a groundwater management plan adopted or amended under Section 73-5-15 on or after May 1, 2006, is exempt from Subsections (2)(a), (2)(b), (2)(c), (2)(e), (7), and (8). (12) If a secondary water supplier is required to have a water conservation plan under Section 73-10-32, that water conservation plan satisfies the requirements of Subsection (9)(c) or (10)(c). (13) (a) Notwithstanding the other provisions of this section and unless exempt under Subsection (9), (10), or (11), to comply with this section, a secondary water supplier is not required to meter every secondary water connection of the secondary water supplier's system, but shall meter at strategic points of the system as approved by the state engineer under this Subsection (13) if: (i) the system has no or minimal storage and relies primarily on stream flow; (ii) (A) the majority of secondary water users on the system are associated with agriculture use or power generation use; and (B) less than 50% of the secondary water is used by residential secondary water users; or (iii) the system has a mix of pressurized lines and open ditches and: (A) 1,000 or fewer users if any part of the system is within a critical area; or (B) 2,500 or fewer users for a system not described in Subsection (13)(a)(iii)(A). (b) (i) A secondary water supplier may obtain the approval by the state engineer of strategic points where metering is to occur as required under this Subsection (13) by filing an application with the state engineer in the form established by the state engineer. (ii) The state engineer may by rule, made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, establish procedures for approving strategic points for metering under this Subsection (13). (14) (a) A contract entered into or renewed on or after July 1, 2025, between a secondary water supplier and an end user shall allow for billing by tiered conservation rates. (b) Except as provided in Subsection (14)(f), by no later than July 1, 2030, regardless of whether the secondary water supplier is fully metered or has modified existing contracts with end users, a secondary water supplier shall begin billing an end user using a tiered conservation rate that considers: (i) revenue stability; (ii) water conservation; and (iii) cost of service. (c) A secondary water supplier may comply with Subsection (14)(b) by entering into a contract with a third-party, including the public water system that serves an end user of the secondary water supplier, to bill the end user according to end user's usage of secondary water and the secondary water supplier's tiered conservation rate. (d) By no later than April 1, 2030, a secondary water supplier shall provide an educational component for end users as determined by the division by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, either on a monthly statement or by an end user specific Internet portal that provides information on the end user's usage more frequently than monthly. (e) A public water system: (i) shall enter into a contract with a secondary water supplier described in Subsection (14)(c) upon request from the secondary water supplier if the secondary water supplier agrees to provide water use and other data necessary for accurate billing in a file format compatible with the public water supplier's billing system; (ii) may collect the costs associated with billing on behalf of a secondary water supplier under this section from the secondary water end users, including reasonable administrative and overhead expenses; and (iii) shall, as the public water supplier and the secondary water supplier find necessary or convenient, exchange with the secondary water supplier, for the purpose of maintaining accurate records, relevant information with regard to an end user of the secondary water supplier, such as: (A) a billing address; (B) an address where the secondary water is delivered; (C) a parcel identification number; and (D) ownership information. (f) (i) A secondary water supplier is not required to bill an end user a tiered conservation rate if the secondary water supplier is: (A) exempt from metering under Subsection (9), (10), or (11); or (B) authorized to meter at strategic points of the system under Subsection (13). (ii) Notwithstanding the other provisions of this section, on or after July 1, 2030, a secondary water supplier with a tiered conservation rate under this Subsection (14) shall charge an end user at the lowest rate of the tiered conservation rate if the end user is using a portion of the water to grow food, including growing a garden, fruit trees, or pasture for grazing. (g) (i) If a secondary water supplier violates this Subsection (14) on or after April 1, 2030, the secondary water supplier: (A) may not receive state money for water related purposes until the secondary water supplier complies with this Subsection (14); and (B) is subject to an enforcement action of the state engineer in accordance with this Subsection (14)(g). (ii) The state engineer shall commence an enforcement action under this Subsection (14)(g) if the state engineer receives a referral from the director of the Division of Water Resources. (iii) The director of the Division of Water Resources shall submit a referral to the state engineer if the director: (A) finds that a secondary water supplier fails to comply with this Subsection (14); and (B) determines an enforcement action is necessary to conserve or protect a water resource in the state. (iv) To commence an enforcement action under this Subsection (14)(g), the state engineer shall issue a notice of violation that includes notice of the administrative fine described in Subsection (14)(g)(xiii) to which a secondary water supplier is subject. (v) The state engineer's issuance and enforcement of a notice of violation is exempt from Title 63G, Chapter 4, Administrative Procedures Act. (vi) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the state engineer shall make rules necessary to enforce a notice of violation, that includes: (A) provisions consistent with this Subsection (14)(g) for enforcement of the notice if a secondary water supplier to whom a notice is issued fails to respond to the notice or abate the violation; (B) the right to a hearing, upon request by a secondary water supplier against whom the notice is issued; and (C) provisions for timely issuance of a final order after the secondary water supplier to whom the notice is issued fails to respond to the notice or abate the violation, or after a hearing held under Subsection (14)(g)(vi)(B). (vii) A person may not intervene in an enforcement action commenced under this Subsection (14)(g). (viii) After issuance of a final order under rules made pursuant to Subsection (14)(g)(vi), the state engineer shall serve a copy of the final order on the secondary water supplier against whom the order is issued by: (A) personal service under Utah Rules of Civil Procedure, Rule 5; or (B) certified mail. (ix) The state engineer's final order may be reviewed by trial de novo by a court with jurisdiction in Salt Lake County or the county where the violation occurred. (x) A secondary water supplier shall file a petition for judicial review of the state engineer's final order issued under this Subsection (14)(g) within 20 days from the day on which the final order was served on the secondary water supplier. (xi) The state engineer may bring suit in a court to enforce a final order issued under this Subsection (14)(g). (xii) If the state engineer prevails in an action brought under Subsection (14)(g)(x) or (xi), the state may recover court costs and reasonable attorney fees. (xiii) The administrative fine imposed under this section shall be an amount not to exceed the sum of any money received by the secondary water supplier under this section or Section 73-10-34.5 to fund costs related to metering. (xiv) Money collected under this Subsection (14) shall be deposited into the Water Resources Conservation and Development Fund, created in Section 73-10-24.
Utah Code § 73-3-10 — Utah Code / Title 73 / Chapter 73-3 / § 73-3-10
§ 73-3-10. Approval or rejection of application.
Status: in_force

(1) When the state engineer approves or rejects an application, the state engineer shall record the approval decision or rejection decision in the state engineer's office. (2) On the same day on which the state engineer makes an approval decision or rejection decision described in Subsection (1), the state engineer shall mail, or send electronically if receipt is verifiable, the decision to the applicant. (3) If an application is approved, the applicant may, upon receipt of the approval decision: (a) proceed with the construction of the necessary works; (b) take any steps required to apply the water to the use described in the application; and (c) perfect the proposed application. (4) If the application is rejected, the applicant may not take steps toward the prosecution of: (a) the work proposed in the application; or (b) the proposed diversion and use of the public water in the application. (5) In a decision approving an application, other than an application for a fixed time period or a dedicated water application, the state engineer shall state the time within which: (a) the construction work shall be completed; and (b) the water shall be applied to beneficial use.
Utah Code § 73-22-8 — Utah Code / Title 73 / Chapter 73-22 / § 73-22-8
§ 73-22-8. Geothermal fluids as water resource -- Application for appropriation required -- Priorities.
Status: in_force

(1) Geothermal fluids are deemed to be a special kind of underground water resource, related to and potentially affecting other water resources of the state. The utilization or distribution for their thermal content and subsurface injection or disposal of same shall constitute a beneficial use of the water resources of the state. (2) (a) Geothermal owners shall, prior to the commencement of, or increase in, production from a well or group of wells to be operated in concert, file an application with the division to appropriate such geothermal fluids as will be extracted from the well or group of wells. Publication of applications shall be made as provided in Section 73-3-6, and protests may be filed as provided in Section 73-3-7. The division shall approve an application if it finds that the applicant is a geothermal owner and that the proposed extraction of geothermal fluids will not impair existing rights to the waters of the state. (b) The division may grant the quantity of an application on a provisional basis, to be finalized upon stabilization of well production. Flow testing of a discovery well shall not require an application to appropriate geothermal fluids. (3) The date of an application to appropriate geothermal fluids, when approved by the division, shall be the priority date as between the geothermal owner and the owners of rights to water other than geothermal fluids. No priorities shall be created among geothermal owners by the approval of an application to appropriate geothermal fluids.
Utah Code § 73-18-13.3 — Utah Code / Title 73 / Chapter 73-18 / § 73-18-13.3
§ 73-18-13.3. Accident involving death -- Stop at accident -- Penalty.
Status: in_force

(1) As used in this section, "reason to believe" means information from which a reasonable person would believe that the person may have been involved in an accident. (2) (a) The operator of a vessel who has reason to believe that the operator may have been involved in an accident resulting in the death of a person shall: (i) immediately stop the vessel at the scene of the accident or as close to it as safely possible; and (ii) remain at the scene of the accident until the operator has fulfilled the requirements of Section 73-18-13. (b) If the operator of a vessel has reason to believe the operator may have been involved in an accident only after leaving the scene of the accident, the operator shall immediately comply as nearly as possible with the requirements of Section 73-18-13. (3) A person who violates the provisions of Subsection (2) is guilty of a third degree felony and shall be fined not less than $750.
Utah Code § 73-1-19 — Utah Code / Title 73 / Chapter 73-1 / § 73-1-19
§ 73-1-19. State, agency, county, city or town -- Authority of -- To procure stock of irrigation or pipeline company -- To bring its land within conservation or conservancy district.
Status: in_force

The state of Utah, or any department, board or agency thereof, and any county, city, or town, owning or having control of land or improvements thereon which is in need of a supply of water for such land or the improvements thereon, or in need of facilities for conveyance of such water, is authorized to subscribe for or purchase corporate stock of irrigation companies, pipeline companies, or associations and take the necessary steps to bring the land owned or controlled by any of them within any conservation or conservancy district formed or to be formed under the laws of the state of Utah to procure such supply of water to all intents and purposes as if an individual.
Utah Code § 73-10g-404 — Utah Code / Title 73 / Chapter 73-10g / § 73-10g-404
§ 73-10g-404. Completion of integrated water assessment -- Reporting and publishing.
Status: in_force

(1) The division shall complete the integrated water assessment by no later than November 30, 2026. (2) (a) The division shall report at least annually on the progress and findings from the integrated water assessment to: (i) the Natural Resources, Agriculture, and Environment Interim Committee; (ii) the Legislative Water Development Commission; and (iii) the Great Salt Lake Advisory Council. (b) The division shall publish a report provided under Subsection (2)(a) on the division's website. (3) The division shall publish a final report on an integrated water assessment by no later than December 31, 2027.
Utah Code § 73-35-401 — Utah Code / Title 73 / Chapter 73-35 / § 73-35-401
§ 73-35-401. Executive director.
Status: in_force

7/1/2026 (1) The executive director of the department may hire an executive director. (2) The executive director or the executive director's designee: (a) is responsible for the administering and carrying out the policies of the authority; (b) shall direct and supervise the technical and administrative activities of the authority; (c) is responsible for the conduct of the administrative function of the river commissioner and the authority; and (d) shall perform any lawful act necessary to carry out the duties of the authority. (3) The executive director shall, within the limits of available funding, employ the employees necessary to carry out the functions and duties of the executive director. The employees have the duties prescribed by the executive director.
Utah Code § 73-23-5 — Utah Code / Title 73 / Chapter 73-23 / § 73-23-5
§ 73-23-5. Interim committee study responsibilities of Division of Water Resources.
Status: in_force

The Division of Water Resources shall: (1) evaluate the first year's operation of the West Desert Pumping Project; (2) define the operational range and limitations of the West Desert Pumping Project as an emergency flood control project; (3) assess the feasibility of developing a cooperative ownership, operation, and maintenance plan for the project with public and private entities; (4) identify long-term water development opportunities upstream of the Great Salt Lake; and (5) report their findings to the Energy, Natural Resources and Agriculture Interim Committee before October 1, 1988.
Utah Code § 73-2-14 — Utah Code / Title 73 / Chapter 73-2 / § 73-2-14
§ 73-2-14. Fees of state engineer -- Deposited as a dedicated credit.
Status: in_force

(1) The state engineer shall charge fees pursuant to Section 63J-1-504 for the following: (a) applications to appropriate water; (b) applications to temporarily appropriate water; (c) applications for a change; (d) applications for exchange; (e) applications for nonuse of water; (f) applications to appropriate water, or make a change, for use outside the state filed pursuant to Title 73, Chapter 3a, Water Exports; (g) groundwater recovery permits; (h) diligence claims for surface or underground water filed pursuant to Section 73-5-13; (i) republication of notice to water users after amendment of application where required by this title; (j) dedicated water applications; (k) applications to segregate; (l) requests for an extension of time in which to submit proof of appropriation not to exceed 14 years after the date of approval of the application; (m) requests for an extension of time in which to submit proof of appropriation 14 years or more after the date of approval of the application; (n) groundwater recharge permits; (o) applications for a well driller's license, annual renewal of a well driller's license, and late annual renewal of a well driller's license; (p) certification of copies; (q) preparing copies of documents; and (r) reports of water right conveyance. (2) The state engineer shall base a fee for the services specified in Subsections (1)(a) through (j) upon the rate of flow or volume of water. If it is proposed to appropriate by both direct flow and storage, the state engineer shall base the fee upon either the rate of flow or annual volume of water stored, whichever fee is greater. (3) Fees collected under this section: (a) shall be deposited into the General Fund as a dedicated credit to be used by the Division of Water Rights; and (b) may only be used by the Division of Water Rights to: (i) meet the publication of notice requirements under this title; (ii) process reports of water right conveyance; and (iii) hire an employee to assist with processing an application.
Utah Code § 73-18-18 — Utah Code / Title 73 / Chapter 73-18 / § 73-18-18
§ 73-18-18. Liability of owner for injury or damage occasioned by negligent operation of vessel by minor.
Status: in_force

The owner of a vessel shall be liable for any injury or damage occasioned by the negligent operation of such vessel, by a minor under the age of 18 years operating such vessel with the express or implied consent of the owner, whether under the laws of this state or by neglecting to observe such ordinary care and such operation as the rules of common law require.
Utah Code § 73-10c-2 — Utah Code / Title 73 / Chapter 73-10c / § 73-10c-2
§ 73-10c-2. Definitions.
Status: in_force

As used in this chapter: (1) "Board" means the Board of Water Resources created in Section 73-10-1.5. (2) "Council" means the Water Development Coordinating Council created by Sections 79-2-201 and 73-10c-3. (3) "Credit enhancement agreement" means an agreement entered into according to this chapter between the Drinking Water Board or the Water Quality Board, on behalf of the state, and a political subdivision, for the purpose of providing methods and assistance to political subdivisions to improve the security for and marketability of drinking water project obligations and wastewater project obligations. (4) "Drinking Water Board" means the Drinking Water Board appointed according to Section 19-4-103. (5) "Drinking water or wastewater project obligation" means, as appropriate, any bond, note, or other obligation of a political subdivision issued to finance all or part of the cost of acquiring, constructing, expanding, upgrading, or improving a drinking water project or wastewater project. (6) (a) "Drinking water project" means any work or facility that is necessary or desirable to provide water for human consumption and other domestic uses and: (i) has at least 15 service connections; or (ii) serves an average of 25 individuals daily for at least 60 days of the year. (b) "Drinking water project" includes: (i) collection, treatment, storage, and distribution facilities under the control of the operator and used primarily with the system; (ii) collection pretreatment or storage facilities used primarily in connection with the system but not under operator's control; and (iii) studies, planning, education activities, and design work that will promote protecting the public from waterborne health risks. (7) "Financial assistance programs" means the various programs administered by the state whereby loans, grants, and other forms of financial assistance are made available to political subdivisions of this state to finance the costs of water and wastewater projects. (8) "Hardship Grant Assessment" means the charge the Water Quality Board or Drinking Water Board assesses to recipients of loans made from the subaccount created in Subsection 73-10c-5(2)(b) or 73-10c-5(3)(b) in lieu of or in addition to interest charged on these loans. (9) "Nonpoint source project" means a facility, system, practice, study, activity, or mechanism that abates, prevents, or reduces the pollution of waters of this state by a nonpoint source. (10) "Political subdivision" means a county, city, town, improvement district, water conservancy district, special service district, drainage district, metropolitan water district, irrigation district, separate legal or administrative entity created under Title 11, Chapter 13, Interlocal Cooperation Act, or any other entity constituting a political subdivision under the laws of this state. (11) "Security fund" means the Water Development Security Fund created in Section 73-10c-5. (12) "Wastewater project" means: (a) a sewer, storm or sanitary 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 (b) a study, pollution prevention activity, or pollution education activity that will protect the waters of this state. (13) "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, private, or other water resource of the state which is contained within or flows in or through the state. (14) "Water Quality Board" means the Water Quality Board appointed according to Section 19-5-103.
Utah Code § 73-18-13 — Utah Code / Title 73 / Chapter 73-18 / § 73-18-13
§ 73-18-13. Duties of operator involved in accident -- Notification and reporting procedures -- Use of accident reports -- Giving false information as misdemeanor.
Status: in_force

(1) As used in this section, "agent" has the same meaning as provided in Section 41-6a-404. (2) (a) It is the duty of the operator of a vessel involved in an accident, if the operator can do so without seriously endangering the operator's own vessel, crew, or passengers, to render aid to those affected by the accident as may be practicable. (b) The operator shall also give the operator's name, address, and identification of the operator's vessel in writing to: (i) any person injured; or (ii) the owner of any property damaged in the accident. (c) A violation of this Subsection (2) is a class B misdemeanor. (3) (a) The division, after notifying the commission, shall adopt rules governing the notification and reporting procedure for vessels involved in accidents. (b) The rules shall be consistent with federal requirements. (4) (a) Except as provided in Subsection (4)(b), all accident reports: (i) are protected and shall be for the confidential use of the division or other state, local, or federal agencies having use for the records for official governmental statistical, investigative, and accident prevention purposes; and (ii) may be disclosed only in a statistical form that protects the privacy of any person involved in the accident. (b) The division shall disclose a written accident report and its accompanying data to: (i) a person involved in the accident, excluding a witness to the accident; (ii) a person suffering loss or injury in the accident; (iii) an agent, parent, or legal guardian of a person described in Subsections (4)(b)(i) and (ii); (iv) a member of the press or broadcast news media; (v) a state, local, or federal agency that uses the records for official governmental, investigative, or accident prevention purposes; (vi) law enforcement personnel when acting in their official governmental capacity; and (vii) a licensed private investigator. (c) Information provided to a member of the press or broadcast news media under Subsection (4)(b)(iv) may only include: (i) the name, age, sex, and city of residence of each person involved in the accident; (ii) the make and model year of each vehicle involved in the accident; (iii) whether or not each person involved in the accident was covered by a vehicle insurance policy; (iv) the location of the accident; and (v) a description of the accident that excludes personal identifying information not listed in Subsection (4)(c)(i). (5) (a) Except as provided in Subsection (5)(c), an accident report may not be used as evidence in any civil or criminal trial, arising out of an accident. (b) Upon demand of any person who has, or claims to have, made the report, or upon demand of any court, the division shall furnish a certificate showing that a specified accident report has or has not been made to the division solely to prove a compliance or a failure to comply with the requirement that a report be made to the division. (c) Accident reports may be used as evidence when necessary to prosecute charges filed in connection with a violation of Subsection (6). (6) Any person who gives false information, knowingly or having reason to believe it is false, in an oral or written report as required in this chapter, is guilty of a class B misdemeanor.
Utah Code § 73-3b-401 — Utah Code / Title 73 / Chapter 73-3b / § 73-3b-401
§ 73-3b-401. Revocation or suspension of recharge and recovery permits.
Status: in_force

The state engineer may: (1) periodically review a project to determine if the person who holds the recharge or recovery permit is complying with the conditions of the permit; and (2) permanently revoke or temporarily suspend a permit for good cause after an investigation and a hearing.
Utah Code § 73-33-202 — Utah Code / Title 73 / Chapter 73-33 / § 73-33-202
§ 73-33-202. Challenges to a distribution management plan.
Status: in_force

(1) A person aggrieved by a distribution management plan may challenge any aspect of the distribution management plan by filing a complaint within 60 days after the distribution management plan takes effect in a court with jurisdiction: (a) under Title 78A, Judiciary and Judicial Administration; and (b) notwithstanding Title 78B, Chapter 3a, Venue for Civil Actions, over a geographic area bordering the Great Salt Lake. (2) In an action filed under this section, a court shall review de novo the distribution management plan. (3) A person challenging a distribution management plan under this section shall join the state engineer as a defendant in that action. (4) (a) No later than 30 days after the day on which a person files an action challenging any aspect of a distribution management plan, the person filing the action shall publish notice of the action: (i) once a week for two consecutive weeks in a newspaper of general circulation in the county in which the court is located; and (ii) for two weeks in accordance with Section 45-1-101. (b) The notice required by Subsection (4)(a) shall: (i) identify the distribution management plan that the person is challenging; (ii) identify the case number assigned by the court; (iii) state that a person affected by the distribution management plan may petition the court to intervene in the action challenging the distribution management plan; and (iv) list the address of the clerk of the court in which the action is filed. (c) A person affected by a distribution management plan that is being challenged under this section may petition to intervene in the action in accordance with Utah Rules of Civil Procedure, Rule 24.
Utah Code § 73-5-1.5 — Utah Code / Title 73 / Chapter 73-5 / § 73-5-1.5
§ 73-5-1.5. Water Commissioner Fund.
Status: in_force

(1) There is created an expendable special revenue fund known as the "Water Commissioner Fund." (2) The fund consists of assessments paid to the state engineer by water users pursuant to Subsection 73-5-1(3). (3) (a) The fund shall earn interest. (b) Interest earned on fund money shall be deposited into the fund. (4) The state engineer shall use fund money to pay for salary and expenses of water commissioners and other expenses related to the distribution of water specified in Subsection 73-5-1(3).
Utah Code § 73-4-14 — Utah Code / Title 73 / Chapter 73-4 / § 73-4-14
§ 73-4-14. Pleadings -- Expert assistance for court.
Status: in_force

(1) The statements of claim shall stand in the place of pleadings, and issues may be made thereon. (2) Whenever requested so to do the state engineer shall furnish the court with any information which the state engineer may possess, or copies of any of the records of the state engineer's office which relate to the water of said river system or water source. (3) The court may appoint referees, masters, engineers, soil specialists, or other persons. (4) In all proceedings for the determination of the rights of claimants to the water of a river system or water source, the filed statements of claim shall be competent evidence of the facts stated therein unless the same are put in issue.
Utah Code § 73-33-102 — Utah Code / Title 73 / Chapter 73-33 / § 73-33-102
§ 73-33-102. Scope of chapter.
Status: in_force

(1) A person may not interpret this chapter as requiring the development, implementation, or consideration of a distribution management plan as a prerequisite or condition to the exercise of the state engineer's enforcement powers under other law, including powers granted under Section 73-2-25. (2) This chapter applies to Great Salt Lake water rights that were approved or perfected on or before May 1, 2024, and Great Salt Lake water rights approved or perfected after May 1, 2024, including use under a Great Salt Lake water right of water for the mineral or element extraction process.
Utah Code § 73-11-3 — Utah Code / Title 73 / Chapter 73-11 / § 73-11-3
§ 73-11-3. Disposition of proceeds.
Status: in_force

The money derived from the sale or lease of such excess stock shall go to the reservoir land grant fund until the principal of the loan or loans made to the Carbon Water Company, or its predecessors, the interest thereon, and advances made by the state in connection therewith, are fully paid, and thereafter the money derived from the sale or lease of said stock go to the state school fund.
Utah Code § 73-18-21 — Utah Code / Title 73 / Chapter 73-18 / § 73-18-21
§ 73-18-21. Violation of chapter as class C 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 C misdemeanor.
Utah Code § 73-10c-8 — Utah Code / Title 73 / Chapter 73-10c / § 73-10c-8
§ 73-10c-8. Rules.
Status: in_force

The board shall make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, as necessary to administer this chapter, including the application by political subdivisions for the securing of their drinking water or wastewater project obligations, the approval of obligations to be secured, the verification of notices with respect to inabilities of political subdivisions to pay principal and interest, and the credit enhancement agreements with political subdivisions setting forth the terms and conditions under which obligations may be secured under this chapter.