Utah Code § 73-4-4 — Utah Code / Title 73 / Chapter 73-4 / § 73-4-4
§ 73-4-4. Summons for general adjudication of water rights -- Requirements to serve summons individually and generally -- Statement of claim requirement.
Status: in_force

(1) (a) The state engineer shall, by mail, serve a summons to a claimant of record in the state engineer's office within a general adjudication area, division, or subdivision. (b) (i) The state engineer may serve, by publication, a general summons to claimants in a general adjudication area, division, or subdivision, who are not of record in the state engineer's office, if the state engineer files an affidavit with the district court, verifying that the state engineer has, in accordance with Section 73-4-3, searched the records of the state engineer's office for claimants in the general adjudication area, division, or subdivision. (ii) The state engineer shall publish, in accordance with the Utah Rules of Civil Procedure, a general summons described in Subsection (1)(b)(i): (A) once a week for five successive weeks in one or more newspapers, determined by the judge of the district court as most likely to give notice to the claimants served; and (B) for five weeks, in accordance with Section 45-1-101. (iii) Service of a general summons is completed upon the last required date of publication. (c) The summons 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 upon 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. The state engineer will give a further notice sent to your last-known address, that you must file a statement of claim in this action setting forth the nature of your claim, and said notice will specify the date upon which your statement of claim is due and thereafter you must file said claim within the time set and your failure so to do will constitute a default in the premises and a judgment may be entered against you declaring that you have no right to the use of water not claimed." (2) If the state engineer is required, under this section, to serve a summons on the United States, the state engineer shall serve the summons in accordance with federal law.
Utah Code § 73-21-101 — Utah Code / Title 73 / Chapter 73-21 / § 73-21-101
§ 73-21-101. Title.
Status: in_force

This chapter is known as the "Ute Indian Water Compact."
Utah Code § 73-18a-18 — Utah Code / Title 73 / Chapter 73-18a / § 73-18a-18
§ 73-18a-18. Act supplemental to other laws.
Status: in_force

This act shall not be construed as repealing any laws of the state relating to the pollution or littering of waters or lands thereof or any conservation laws, but shall be held and construed as auxiliary and supplemental thereto.
Utah Code § 73-1-21 — Utah Code / Title 73 / Chapter 73-1 / § 73-1-21
§ 73-1-21. State water policy.
Status: in_force

(1) It is the policy of the state that: (a) Utah shall pursue adequate, reliable, affordable, sustainable, and clean water resources, recognizing that Utah is one of the most arid states in the nation and as such, there is, and will continue to be, a need to ensure Utah's finite water resources are used beneficially; (b) Utah will promote: (i) water conservation, efficiency, and the optimal use of water resources, while identifying intended and unintended consequences to ensure appropriate choice and implementation of particular strategies; (ii) water resource development and the creation of new water infrastructure necessary to meet the state's growing demand and promote economic development; (iii) compliance with state statutes regarding Lake Powell pipeline development and Bear River development; (iv) the timely replacement of aging or inefficient water resource, drinking water, wastewater, and storm water infrastructure; (v) the optimal use of agricultural water to sustain and improve food production and the productive capacity of agricultural lands; (vi) water quality in rivers, lakes, and groundwater that: (A) complies with state clean water and safe drinking water statutes; and (B) protects public health; (vii) water pricing and funding mechanisms that: (A) provide revenue stability while encouraging conservation, efficiency, and optimization efforts; (B) adequately cover infrastructure needs; and (C) balance social, economic, public interest, and environmental values; (viii) respect for water rights; (ix) standards for accurate water use measurement, telemetry, tracking, enforcement, and reporting; (x) efforts to educate and engage the public in: (A) individual actions that protect water quality, including preventing and mitigating water pollution; and (B) conservation practices and the efficient and optimal use of water resources; (xi) the implementation of cyber security and physical security measures for water infrastructure; (xii) the study and consideration of mechanisms for increased flexibility in water use such as water banking, saved water, and split season uses; (xiii) the monitoring, in consultation with watershed councils created under Chapter 10g, Part 3, Watershed Councils Act, of activities in watersheds that provide water to drinking water systems to protect the watersheds; (xiv) continued improvements in the management of water resources through protection, restoration, and science-based evaluation of Utah watersheds, increased reservoir capacity, and aquifer recharge or aquifer storage and recovery; (xv) the development and beneficial use of Utah's allocated share of interstate rivers, including Utah's allocations under the 1922 and 1948 Colorado River Compacts and the 1980 Amended Bear River Compact; (xvi) the study and development of strategies and practices necessary to address declining water levels and protect the water quality and quantity of the Great Salt Lake, Utah Lake, and Bear Lake, taking into consideration natural climate change, natural weather systems and patterns, and normal cyclic water level change over time, while balancing economic, social, and environmental needs; (xvii) regulations and practices, including voluntary practices, that maintain sufficient stream flows and lake levels to provide reasonable access to recreational activities and protect and restore water quality, quantity, and healthy ecosystems, including protecting groundwater and surface water sources from pollution; (xviii) equitable access to safe, affordable, and reliable drinking water to protect public health; (xix) regulations and practices that encourage effective treatment of wastewater to maximize its availability for beneficial use and minimize depletion and the further degradation of other waters; (xx) the control of invasive species that threaten or degrade waters of the state; (xxi) coordination among the state, water providers, water users, local governments, government agencies, and researchers in the study of ways weather and climate will impact future water supplies, demand, and quality; (xxii) state water planning, including the formation of the state water plan as provided in Section 73-10-15; (xxiii) water reuse with appropriate conditions for the region in which the water reuse occurs; (xxiv) water laws, rules, and enforcement that are consistent with this Subsection (1) and encourage transparency, order, and certainty in the use of public water; (xxv) the support and funding of research, science, and technology necessary to achieve the provisions of this Subsection (1); and (xxvi) the collaboration, cooperation, and engagement of stakeholders in the identification and advancement of actions that support the provisions of this Subsection (1); and (c) Utah supports the timely and appropriate negotiated settlement of federally reserved water right claims for both Native American trust lands and other existing federal reservations, and opposes any future designation of public lands that does not quantify any associated federally reserved water rights. (2) State agencies are encouraged to conduct agency activities consistent with Subsection (1) and implement policies established by the Legislature that promote the near- and long-term stewardship of water quality and water resources. (3) This section does not create a cause of action against the state's or a state agency's action that is inconsistent with Subsection (1) and does not waive governmental immunity under Title 63G, Chapter 7, Governmental Immunity Act of Utah. (4) The Natural Resources, Agriculture, and Environment Interim Committee shall review the state water policy annually and recommend priority balancing and any other changes to the Legislature.
Utah Code § 73-10g-302 — Utah Code / Title 73 / Chapter 73-10g / § 73-10g-302
§ 73-10g-302. Definitions.
Status: in_force

As used in this part: (1) "Council" means the state council or a local council created under this part. (2) "Local council" means a local council created in accordance with Section 73-10g-306. (3) "State council" means the Utah Watersheds Council created in Section 73-10g-304. (4) "Utah Water Task Force" means a task force created by the Department of Natural Resources to review and make recommendations regarding water issues.
Utah Code § 73-10g-401 — Utah Code / Title 73 / Chapter 73-10g / § 73-10g-401
§ 73-10g-401. Definitions.
Status: in_force

As used in this part: (1) "Great Salt Lake watershed" means the area comprised of 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. (2) "Integrated water assessment" means an integrated surface and ground water assessment for the Great Salt Lake watershed developed under Section 73-10g-402. (3) "Work plan" means the plan developed under Section 73-10g-403 to develop and implement an integrated water assessment.
Utah Code § 73-10g-307 — Utah Code / Title 73 / Chapter 73-10g / § 73-10g-307
§ 73-10g-307. Local watershed councils -- Roles and governance.
Status: in_force

(1) A local council shall provide a forum to encourage and facilitate discussion of and collaboration on local watershed issues. (2) A local council shall: (a) select the local council's representative to the state council; (b) hold meetings at times and locations as the local council determines; and (c) make the local council's policies available to the public: (i) at each meeting of the local council; and (ii) on a public website maintained by the division for council business.
Utah Code § 73-5a-403 — Utah Code / Title 73 / Chapter 73-5a / § 73-5a-403
§ 73-5a-403. State engineer to specify contents of standard operating plans.
Status: in_force

By May 1, 1991, the state engineer shall adopt rules specifying the contents of standard operating plans.
Utah Code § 73-3b-402 — Utah Code / Title 73 / Chapter 73-3b / § 73-3b-402
§ 73-3b-402. Penalty.
Status: in_force

(1) A person who violates Section 73-3b-103 is subject to a civil penalty in an amount not to exceed $10,000 per day. (2) An action to recover damages under this section shall be brought by the state engineer in the district court in the county in which the violation occurred.
Utah Code § 73-18a-1 — Utah Code / Title 73 / Chapter 73-18a / § 73-18a-1
§ 73-18a-1. Definitions.
Status: in_force

As used in this chapter: (1) "Commission" means the Outdoor Adventure Commission. (2) "Division" means the Division of Outdoor Recreation. (3) "Human body waste" means excrement, feces, or other waste material discharged from the human body. (4) "Litter" means any bottles, glass, crockery, cans, scrap metal, junk, paper, garbage, rubbish, or similar refuse discarded as no longer useful. (5) "Marine toilet" means any toilet or other receptacle permanently installed on or within any vessel for the purpose of receiving human body waste. This term does not include portable toilets which may be removed from a vessel in order to empty its contents. (6) "Operate" means to navigate, control, or otherwise use a vessel. (7) "Operator" means the person who is in control of a vessel while it is in use. (8) "Owner" means a person, other than a lien holder, holding a proprietary interest in or the title to a vessel. The term does not include a lessee under a lease not intended as security. (9) "Vessel" means every type of watercraft, other than a seaplane on the water, used or capable of being used as a means of transportation on water. (10) "Waters of this state" means all waters within the territorial limits of this state except those used exclusively for private purposes.
Utah Code § 73-10c-3 — Utah Code / Title 73 / Chapter 73-10c / § 73-10c-3
§ 73-10c-3. Water Development Coordinating Council created -- Purpose -- Members.
Status: in_force

7/1/2026 (1) (a) There is created within the Department of Natural Resources a Water Development Coordinating Council. The council is comprised of: (i) the director of the Division of Water Resources; (ii) the executive secretary of the Water Quality Board; (iii) the executive secretary of the Drinking Water Board; (iv) the director of the Division of Community Services or the director's designee; (v) the state treasurer or the state treasurer's designee; (vi) the commissioner of the Department of Agriculture and Food, or the commissioner's designee; and (vii) an individual appointed by the governor with the advice and consent of the Senate who is: (A) familiar with water infrastructure projects, including planning, financing, construction, or operation; and (B) employed by a water conservancy district that is subject to the asset management criteria described in Section 17B-2a-1010. (b) The council shall choose a chair and vice chair from among the council's own members, except the chair and vice chair may not be from the same department. (c) A member may not receive compensation or benefits for the member's service, but may receive per diem and travel expenses in accordance with: (i) Section 63A-3-106; (ii) Section 63A-3-107; and (iii) rules made by the Division of Finance in accordance with Sections 63A-3-106 and 63A-3-107. (2) The purposes of the council are to: (a) coordinate the use and application of the money available to the state to give financial assistance to political subdivisions of this state so as to promote the conservation, development, treatment, restoration, and protection of the waters of this state; (b) promote the coordination of the financial assistance programs administered by the state and the use of the financing alternative most economically advantageous to the state and the political subdivisions of the state; (c) promote the consideration by the Board of Water Resources, Drinking Water Board, and Water Quality Board of regional solutions to the water and wastewater needs of individual political subdivisions of this state; (d) assess the adequacy and needs of the state and the political subdivisions of the state concerning water-related infrastructures and advise the governor and the Legislature on those funding needs; (e) conduct reviews and reports on water-related infrastructure issues as directed by statute; (f) engage in planning and prioritization of water infrastructure projects in accordance with Chapter 10g, Part 6, Planning and Prioritization; and (g) expend money from the Water Infrastructure Fund in accordance with Section 73-10g-107.7/1/2026 (1) (a) There is created within the Department of Natural Resources a Water Development Coordinating Council. The council is comprised of: (i) the director of the Division of Water Resources; (ii) the executive secretary of the Water Quality Board; (iii) the executive secretary of the Drinking Water Board; (iv) the director of the Division of Community Services or the director's designee; (v) the state treasurer or the state treasurer's designee; (vi) the commissioner of the Department of Agriculture and Food, or the commissioner's designee; and (vii) an individual appointed by the governor with the advice and consent of the Senate who is: (A) familiar with water infrastructure projects, including planning, financing, construction, or operation; and (B) employed by a water conservancy district that is subject to the asset management criteria described in Section 17B-2a-1010. (b) The council shall choose a chair and vice chair from among the council's own members, except the chair and vice chair may not be from the same department. (c) A member may not receive compensation or benefits for the member's service, but may receive per diem and travel expenses in accordance with: (i) Section 63A-3-106; (ii) Section 63A-3-107; and (iii) rules made by the Division of Finance in accordance with Sections 63A-3-106 and 63A-3-107. (2) The purposes of the council are to: (a) coordinate the use and application of the money available to the state to give financial assistance to political subdivisions of this state so as to promote the conservation, development, treatment, restoration, and protection of the waters of this state; (b) promote the coordination of the financial assistance programs administered by the state and the use of the financing alternative most economically advantageous to the state and the political subdivisions of the state; (c) promote the consideration by the Board of Water Resources, Drinking Water Board, and Water Quality Board of regional solutions to the water and wastewater needs of individual political subdivisions of this state; (d) assess the adequacy and needs of the state and the political subdivisions of the state concerning water-related infrastructures and advise the governor and the Legislature on those funding needs; (e) conduct reviews and reports on water-related infrastructure issues as directed by statute; (f) engage in planning and prioritization of water infrastructure projects in accordance with Chapter 10g, Part 6, Planning and Prioritization; and (g) expend money from the Water Infrastructure Fund in accordance with Section 73-10g-107.
Utah Code § 73-31-301 — Utah Code / Title 73 / Chapter 73-31 / § 73-31-301
§ 73-31-301. Approval of contract water bank.
Status: in_force

(1) The board shall approve an application to create a contract water bank that satisfies this part. (2) As a condition of approval, a contract water bank is subject to this chapter.
Utah Code § 73-26-104 — Utah Code / Title 73 / Chapter 73-26 / § 73-26-104
§ 73-26-104. Bear River development projects.
Status: in_force

(1) The division shall: (a) develop the surface waters of the Bear River and its tributaries through the planning and construction of reservoirs and associated facilities as authorized and funded by the Legislature; (b) own and operate the facilities constructed; and (c) market the developed waters. (2) Potential projects include: (a) Hyrum Dam; (b) Avon; (c) Mill Creek; (d) Oneida Narrows; (e) North Eden Creek; (f) Washakie; and (g) an interconnection from the Corinne area to Willard Reservoir. (3) The division may develop sites other than those listed in Subsection (2) if those projects are authorized and funded by the Legislature. (4) The purchase of real property does not constitute water development.
Utah Code § 73-2-12 — Utah Code / Title 73 / Chapter 73-2 / § 73-2-12
§ 73-2-12. Seal.
Status: in_force

The state engineer shall have a seal which the state engineer shall affix to all certificates issued from the state engineer's office, and the state engineer shall file a description and an impression of the same with the Division of Archives.
Utah Code § 73-5a-601 — Utah Code / Title 73 / Chapter 73-5a / § 73-5a-601
§ 73-5a-601. Emergency action plans required.
Status: in_force

(1) The owner of any dam which, in the state engineer's opinion, may pose a threat to life or cause significant damage to property if it fails shall prepare a plan of action to be implemented when an emergency involving the dam occurs. (2) In the case of a dam in operation prior to May 1, 1991, the emergency action plan shall be submitted to the state engineer for the state engineer's approval by May 1, 1994. (3) In the case of a dam beginning operations on or after May 1, 1991, the emergency action plan shall be submitted to the state engineer prior to the date of the final inspection.
Utah Code § 73-3-23 — Utah Code / Title 73 / Chapter 73-3 / § 73-3-23
§ 73-3-23. Replacement of water.
Status: in_force

In all cases of appropriations of underground water the right of replacement is hereby granted to any junior appropriator whose appropriation may diminish the quantity or injuriously affect the quality of appropriated underground water in which the right to the use thereof has been established as provided by law. No replacement may be made until application in writing has been made to and approved by the state engineer. In all cases replacement shall be at the sole cost and expense of the applicant and subject to such rules and regulations as the state engineer may prescribe. The right of eminent domain is hereby granted to any applicant for the purpose of replacement as provided herein.
Utah Code § 73-1-9 — Utah Code / Title 73 / Chapter 73-1 / § 73-1-9
§ 73-1-9. Contribution between joint owners of ditch or reservoir.
Status: in_force

When two or more persons are associated in the use of any dam, canal, reservoir, ditch, lateral, flume or other means for conserving or conveying water for the irrigation of land or for other purposes, each of them shall be liable to the other for the reasonable expenses of maintaining, operating and controlling the same, in proportion to the share in the use or ownership of the water to which the person is entitled.
Utah Code § 73-10g-205 — Utah Code / Title 73 / Chapter 73-10g / § 73-10g-205
§ 73-10g-205. Agricultural Water Optimization Committee.
Status: in_force

(1) There is created in the department a committee known as the "Agricultural Water Optimization Committee" that consists of: (a) the commissioner of the department, or the commissioner's designee; (b) the director of the division, or the director's designee; (c) the director of the Division of Water Rights, or the director's designee; (d) the dean of the College of Agriculture and Applied Science from Utah State University, or the dean's designee; (e) one individual representing local conservation districts created by Title 17D, Chapter 3, Conservation District Act, appointed by the executive director of the Department of Natural Resources; (f) one individual representing water conservancy districts, appointed by the executive director of the Department of Natural Resources; and (g) three Utah residents representing the interests of the agriculture industry appointed by the executive director of the Department of Natural Resources. (2) (a) An individual appointed under Subsection (1) shall serve for a term of four years. (b) Notwithstanding the requirements of Subsection (2)(a), the executive director of the Department of Natural Resources shall, at the time of appointment or reappointment, adjust the length of terms to ensure that the terms of appointed members are staggered so that approximately half of the appointed members are appointed every two years. (3) (a) The presence of five members constitutes a quorum. (b) The vote of five members constitutes the transaction of business by the committee. (c) The committee shall select one of the committee's members to be chair. The committee may select a member to be vice chair to act in place of the chair: (i) during the absence or disability of the chair; or (ii) as requested by the chair. (d) The committee shall convene at the times and places prescribed by the chair. (4) A member may not receive compensation or benefits for the member's service, but may receive per diem and travel expenses in accordance with: (a) Section 63A-3-106; (b) Section 63A-3-107; and (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and 63A-3-107. (5) The department shall provide administrative support to the committee. (6) The committee shall make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, establishing: (a) eligibility requirements for a grant issued under Section 73-10g-206, except that the eligibility requirements shall: (i) require at least a match for grant money of 50% of the total costs, except that for a grant application filed on or after January 1, 2024, the eligibility requirements shall require at least a match of 25% of the total costs for: (A) a subsurface drip irrigation project; (B) an automated surge irrigation project; or (C) a measurement, telemetry, or reporting project; (ii) consider the statewide need to distribute grant money; (iii) require a grant recipient to construct or install and maintain one or more measuring devices as necessary to comply with Section 73-5-4 and rules adopted by the Division of Water Rights regarding installation, use, and maintenance of devices to measure water use and to demonstrate water use in accordance with a project funded by a grant; and (iv) require a grant recipient to report water diversion and use measurements to the state engineer pursuant to Section 73-5-4 and rules made by the state engineer, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, for water measurement and reporting; (b) the process for applying for a grant issued under Section 73-10g-206; and (c) preliminary screening criteria to be used by the department under Subsection 73-10g-206(2)(d). (7) The committee shall, in coordination with the division: (a) as of July 1, 2023, assume oversight of all remaining research and contracts of the previous Agricultural Water Optimization Task Force activities; (b) post research to address and account for farm economics at the enterprise and community level that affects agricultural water optimization and encourage market behavior that financially rewards agricultural water optimization practices; (c) oversee research to identify obstacles to and constraints upon optimization of agricultural water use, and to recommend management tools, technologies, and other opportunities to optimize agricultural water use as measured at the basin level; (d) use money in the account to fund research approved by the committee that: (i) is described in Subsection (7)(b) or (c); or (ii) establishes methods for measuring saved water or the effectiveness of the agricultural water optimization funding programs established by this part; and (e) facilitate benefits for farmers who optimize water use and protect water quality. (8) The committee shall comply with Section 73-10g-206 related to grants issued under this part.
Utah Code § 73-10-33 — Utah Code / Title 73 / Chapter 73-10 / § 73-10-33
§ 73-10-33. Management plan for water conveyance facilities.
Status: in_force

(1) As used in this section: (a) "Board" means the Board of Water Resources created by Section 73-10-1.5. (b) "Conservation district" means a conservation district created under Title 17D, Chapter 3, Conservation District Act. (c) "Division" means the Division of Water Resources created by Section 73-10-18. (d) "Facility owner or operator" means: (i) a water company as defined in Subsection 73-3-3.5(1)(b); or (ii) an owner or operator of a water conveyance facility. (e) "Management plan" means a written document meeting the requirements of Subsection (3). (f) "Potential risk" means a condition where, if a water conveyance facility fails, the failure would create a high probability of: (i) causing loss of human life; or (ii) causing extensive economic loss, including damage to critical transportation facilities, utility facilities, or public buildings. (g) "Potential risk location" means a segment of a water conveyance facility that constitutes a potential risk due to: (i) location; (ii) elevation; (iii) soil conditions; (iv) structural instability; (v) water volume or pressure; or (vi) other conditions. (h) (i) "Water conveyance facility" means a water conveyance defined in Section 57-13a-101. (ii) "Water conveyance facility" does not include: (A) a pipeline conveying water for industrial use, or municipal use, within a public water system as defined in Section 19-4-102; (B) a natural channel used to convey water for use within a water conveyance facility; or (C) a fully piped irrigation system. (2) (a) For a water conveyance facility that has a potential risk location, the board or division may issue a grant or loan to the facility owner or operator, and the facility owner or operator may receive state money for water development or water conveyance facility repair or improvements, only if the facility owner or operator promptly adopts a management plan in accordance with this section. (b) For a management plan to be considered to be promptly adopted for purposes of this Subsection (2), the facility owner or operator shall: (i) adopt the management plan by an affirmative vote of the facility owner or operator's board of directors, or persons occupying a similar status or performing similar functions before receiving money under Subsection (2)(a); and (ii) update the management plan adopted under Subsection (2)(b)(i) no less frequently than every 10 years. (3) A management plan described in Subsection (2) shall include at least the following: (a) a GIS coverage or drawing of each potential risk location of a water conveyance facility identifying any: (i) existing canal and lateral alignment of the canal facility; (ii) point of diversion; (iii) bridge; (iv) culvert; (v) screen or trash rack; and (vi) spill point; (b) an evaluation of potential slope instability that may cause a potential risk, including: (i) failure of the facility; (ii) land movement that might result in failure of the facility; or (iii) land movement that might result from failure of the facility; (c) proof of insurance coverage or other means of financial responsibility against liability resulting from failure of the water conveyance facility; (d) a maintenance and improvement plan; (e) a schedule for implementation of a maintenance and improvement plan; (f) an emergency response plan that: (i) is developed after consultation with local emergency response officials; (ii) is updated annually; and (iii) includes, in the case of an emergency, how a first responder can: (A) contact the facility owner or operator; and (B) obtain information described in Subsection (3)(a); (g) any potential source of financing for maintenance and improvements under a maintenance and improvement plan; (h) identification of each municipality or county through which water is conveyed or delivered by the water conveyance facility; (i) a statement concerning whether storm water enters the water conveyance facility; and (j) if storm water enters the water conveyance facility: (i) an estimate of the maximum volume and flow of all water present in the water conveyance facility as a result of a six-hour, 25-year storm event; (ii) on the basis of information provided in accordance with Subsection (4), identification of the points at which storm structures introduce water into the water conveyance facility and the anticipated flow that may occur at each structure; and (iii) the name of each governmental agency that has responsibility for storm water management within the area from which storm water drains into the water conveyance facility. (4) A private or public entity that introduces storm water into a water conveyance facility shall provide the facility owner or operator with an estimate of the maximum volume and flow of water that may occur at each structure that introduces storm water into the water conveyance facility. (5) (a) A facility owner or operator of a water conveyance facility shall provide a municipality or county in which is located a potential risk location of the water conveyance facility an outline of the information provided in Subsection (3)(f). (b) A facility owner or operator shall give notice to the planning and zoning department of each municipality and county identified in Subsection (3)(h) outlining the information provided in Subsections (3)(f), (i), and (j). (c) An outline of information provided under this Subsection (5) is a protected record under Section 63G-2-305. (6) (a) The division may provide information and technical resources to a facility owner or operator of a water conveyance facility, regardless of whether the water conveyance facility has a potential risk location. (b) In providing the information and resources described in Subsection (6)(a), the division may coordinate with efforts of any association of conservation districts that may provide similar information and technical resources. (c) The information and technical resources described in Subsection (6)(a) include: (i) engaging state and local water users in voluntary completion of a management plan; (ii) developing standard guidelines, checklists, or templates that may be used by a facility owner or operator; (iii) using conservation districts as points of contact with a facility owner or operator; (iv) providing training to help a facility owner or operator to adopt a management plan; and (v) assisting, at the request and under the direction of, a facility owner or operator with efforts to adopt or implement a management plan. (7) (a) A facility owner or operator of a water conveyance facility that has a potential risk location shall provide the board or division upon request: (i) written certification signed under oath by a person authorized to act for the board of directors or persons occupying a similar status or performing similar functions, certifying that the management plan complies with this section; and (ii) an opportunity to review a management plan. (b) A management plan received by the board or division under this section is a protected record under Section 63G-2-305. (8) The division and board may make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, concerning the requirements of this section. (9) This section does not: (a) create a private right of action for a violation of this section; or (b) limit, impair, or enlarge a person's right to sue and recover damages from a facility owner or operator in a civil action for a cause of action that is not based on a violation of this section. (10) The following may not be introduced as evidence in civil litigation on the issue of negligence, injury, or the calculation of damages: (a) a management plan prepared in accordance with this section; (b) the failure to prepare or adopt a management plan in accordance with this section; or (c) the failure to update a management plan in accordance with this section.
Utah Code § 73-18b-4 — Utah Code / Title 73 / Chapter 73-18b / § 73-18b-4
§ 73-18b-4. Enforcement of regulations.
Status: in_force

A law enforcement officer authorized under Title 53, Chapter 13, Peace Officer Classifications, may enforce this chapter and rules made under the authority of this chapter.
Utah Code § 73-15-5 — Utah Code / Title 73 / Chapter 73-15 / § 73-15-5
§ 73-15-5. Transfer of records and data to division -- Establishment of reporting and recordkeeping procedures.
Status: in_force

All records and data collected by the department of meteorology of the state school of mines and mineral industries of the University of Utah since March 14, 1953, shall be transferred to the Division of Water Resources, there to be a permanent record. The Division of Water Resources shall establish forms and/or criteria for reporting data and record keeping and cause that a permanent record is kept of all pertinent data related to cloud-seeding projects, cloud-seeding research projects, or research related to other factors that may be affected by cloud-seeding activities.
Utah Code § 73-10d-6 — Utah Code / Title 73 / Chapter 73-10d / § 73-10d-6
§ 73-10d-6. Contents of agreements and reports required where bonds are issued that mature more than 10 years after project begins operation.
Status: in_force

(1) If a municipality or county issues bonds to finance the cost of a privatization project and the bonds mature more than 10 years after the privatization project begins operation, the political subdivision contracting with a private owner/operator for the services of the privatization project shall assure that the minimum level of services under contract, payment for the services, and the supply of drinking water, water, or wastewater required in connection with the provision of those services will be sufficient to generate enough income, after payment of operating expenses, to fund reserves for repair and replacement, and to discharge any other obligation of the political subdivision to the private owner/operator under any agreement, and together with all other sources of revenue pledged for payment of the bonds, to pay all principal and interest on the bonds during the term of the bonded indebtedness. The assurance may take the form of: (a) long-term agreements, at least equal to the period of the bonded indebtedness, with other political subdivisions or other persons; or (b) ordinances, franchises, or other forms of regulation requiring sufficient quantities of drinking water, water, or wastewater. (2) The supervising agency shall establish rules for periodic reporting by any political subdivision that establishes ordinances, franchises, or other forms of regulation under Subsection (1) and Subsection 73-10d-4(3). The reports shall include information about the services being provided by the privatization project and whether the charges made for those services together with all other sources of revenue pledged for the payment of principal and interest on the bonds, are sufficient to meet the debt service on the bonds.
Utah Code § 73-5-16 — Utah Code / Title 73 / Chapter 73-5 / § 73-5-16
§ 73-5-16. State engineer to publish maps.
Status: in_force

The state engineer shall publish conspicuously on the state engineer's website a map a municipality submits in accordance with Subsection 10-7-14(3)(a).
Utah Code § 73-21-102 — Utah Code / Title 73 / Chapter 73-21 / § 73-21-102
§ 73-21-102. Approval of Ute Indian Water Compact.
Status: in_force

The Ute Indian Water Compact, located at Section 73-21-103, providing for the execution by the State of Utah, the Ute Indian Tribe of the Uintah and Ouray Reservations, Utah, and the United States of America, through their various representatives, is hereby authorized, confirmed, ratified, and approved for the State of Utah.
Utah Code § 73-4-23 — Utah Code / Title 73 / Chapter 73-4 / § 73-4-23
§ 73-4-23. Effective date of amendatory act -- Application to pending suits -- State engineer's certificate.
Status: in_force

This act shall be effective 60 days from its enactment and shall apply to all suits now pending under Title 73, Chapter 4, Determination of Water Rights, Utah Code Annotated 1953, except those proceedings under which the state engineer has by the effective date hereof completed the state engineer's survey, and it is expressly provided that those actions where the state engineer has by the effective date of this act completed the state engineer's survey may proceed to completion under the procedure prescribed by the statutes heretofore existing. The state engineer shall within 10 days after the effective date of this act file with the clerk of the court in each action then pending under Title 73, Chapter 4, Determination of Water Rights, Utah Code Annotated 1953, a certificate under the seal of the state engineer's office stating whether or not the state engineer has completed the survey so that all persons will have notice and can know whether or not this act is applicable to such existing suit.
Utah Code § 73-18a-5 — Utah Code / Title 73 / Chapter 73-18a / § 73-18a-5
§ 73-18a-5. Chemical treatment of marine toilet contents -- Rules established by division and Department of Environmental Quality.
Status: in_force

The division, after notifying the commission, shall establish by rule, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, with approval by the Department of Environmental Quality, as provided in this chapter, standards relating to chemical treatment of marine toilet contents.
Utah Code § 73-10-3 — Utah Code / Title 73 / Chapter 73-10 / § 73-10-3
§ 73-10-3. Organization of board.
Status: in_force

The board shall elect a chair and one or more vice-chairs who shall be members of the board, and shall establish the board's own rules of organization and procedure.
Utah Code § 73-18a-10 — Utah Code / Title 73 / Chapter 73-18a / § 73-18a-10
§ 73-18a-10. Enforcement -- Inspection of vessels, marinas, and other boating facilities.
Status: in_force

Enforcement of this chapter or the rules promulgated under it shall be by law enforcement officers. Any vessel in this state is subject to inspection by the officers for the purpose of determining whether the vessel is equipped in compliance with this chapter. If the vessel is not so equipped, the division may suspend its registration until the proper installation is completed or the marine toilet is sealed in a manner which prohibits its use. The division may inspect marinas or other waterside public facilities used by vessels for launching, docking, or mooring purposes to determine whether they are adequately equipped for proper handling, storing, or disposal of waste, litter, or human body waste.
Utah Code § 73-18c-304 — Utah Code / Title 73 / Chapter 73-18c / § 73-18c-304
§ 73-18c-304. Evidence of owner's or operator's security to be carried when operating motorboat -- Defense -- Penalties.
Status: in_force

(1) (a) (i) Except as provided in Subsection (1)(a)(ii), a person operating a motorboat shall: (A) have in the person's immediate possession evidence of owner's or operator's security for the motorboat the person is operating; and (B) display it upon demand of a peace officer. (ii) A person operating a government-owned or government-leased motorboat is exempt from the requirements of Subsection (1)(a)(i). (b) Evidence of owner's or operator's security includes any one of the following: (i) the operator's: (A) insurance policy; (B) binder notice; (C) renewal notice; or (D) card issued by an insurance company as evidence of insurance; (ii) a copy of a surety bond, certified by the surety, which conforms to Section 73-18c-102; (iii) a certificate of the state treasurer issued under Section 73-18c-305; (iv) a certificate of self-funded coverage issued under Section 73-18c-306; (v) a digital copy or photograph of the evidence of owner's or operator's security described in Subsections (1)(b)(i) through (iv); or (vi) a mobile application displaying evidence of owner's or operator's security described in Subsections (1)(b)(i) through (iv). (2) It is an affirmative defense to a charge under this section that the person had owner's or operator's security in effect for the motorboat the person was operating at the time of the person's citation or arrest. (3) (a) A letter from an insurance producer or company verifying that the person had the required liability insurance coverage on the date specified is considered proof of owner's or operator's security for purposes of Subsection (2). (b) The court considering a citation issued under this section shall allow the letter under Subsection (3)(a) and a copy of the citation to be faxed or mailed to the clerk of the court to satisfy Subsection (2). (4) A violation of this section is a class C misdemeanor. (5) If a person is convicted of a violation of this section and if the person is the owner of a motorboat, the court shall: (a) require the person to surrender the person's registration materials to the court; and (b) forward the registration materials, together with a copy of the conviction, to the division. (6) (a) Upon receiving notification from a court of a conviction for a violation of this section, the division shall revoke the person's motorboat registration. (b) Any registration revoked shall be renewed in accordance with Section 73-18-7. (7) Information from the Uninsured Motorist Identification Database Program created under Title 41, Chapter 12a, Part 8, Uninsured Motorist Identification Database Program, supersedes any evidence of owner's or operator's security described under Subsection (1)(b).
Utah Code § 73-35-209 — Utah Code / Title 73 / Chapter 73-35 / § 73-35-209
§ 73-35-209. Application of state laws.
Status: in_force

7/1/2026 (1) (a) The authority is not an executive branch procurement unit under Title 63G, Chapter 6a, Utah Procurement Code, and is not subject to that chapter. (b) The authority shall by resolution adopt a procurement procedure substantially similar to Title 63G, Chapter 6a, Utah Procurement Code, or a procurement code adopted by an authority named in Subsection 73-34-202(3)(b)(i) that nominates an authority member for a Colorado River authority area. (c) The authority may contract with an authority named in Subsection 73-34-202(3)(b)(i) that nominates an authority member for a Colorado River authority area that has a local procurement procedure to deal with procurement in a manner consistent with the resolution adopted under Subsection (1)(b). (2) (a) The authority shall comply with Title 63A, Chapter 17, Utah State Personnel Management Act, except as provided in this Subsection (2). (b) (i) The authority may approve, upon recommendation of the chair, that exemption for specific positions under Subsections 63A-17-301(1) and 63A-17-307(2) is required to enable the authority to efficiently fulfill the authority's responsibilities under the law. (ii) The chair shall consult with the executive director of the Division of Human Resource Management before making a recommendation under Subsection (2)(b)(i). (iii) The position of executive director is exempt under Subsections 63A-17-301(1) and 63A-17-307(2). (c) (i) The executive director shall set salaries for exempted positions, except for the executive director, after consultation with the executive director of the Department of Human Resource Management, within ranges approved by the authority. The executive director of the department shall set the salary of the executive director. (ii) The authority and executive director shall consider salaries for similar positions in private enterprise and other public employment when setting salary ranges. (3) In adopting a policy under this chapter, the authority: (a) is not required to comply with Title 63G, Chapter 3, Utah Administrative Rulemaking Act; and (b) shall adopt the policy by resolution of the authority.
Utah Code § 73-28-405 — Utah Code / Title 73 / Chapter 73-28 / § 73-28-405
§ 73-28-405. Transfer of title to project and water rights to districts.
Status: in_force

(1) The board shall convey the project's title and its associated water rights to the districts if: (a) the state has been fully compensated for all of its reimbursable costs; (b) the board finds that the conveyance of the project's title would be in the best interest of the state, the districts, and those receiving developed water; and (c) the districts enter into an agreement with each other and the board that would ensure the continued operation, maintenance, repair, and replacement of the project. (2) The board shall convey the project's title and its associated water rights to the districts in proportion to the amount each district paid for the developed water it received.
Utah Code § 73-3b-204 — Utah Code / Title 73 / Chapter 73-3b / § 73-3b-204
§ 73-3b-204. Application for a recovery permit -- Required information.
Status: in_force

(1) A person may file a recovery permit application with a recharge permit application. (2) The application for obtaining a recovery permit shall include the following information: (a) the name and mailing address of the applicant; (b) a legal description of the location of the existing well or proposed new well from which the applicant intends to recover artificially recharged water; (c) a written consent from the owner of the recharge permit, if the applicant does not hold the recharge permit; (d) the name and mailing address of the owner of the land from which the applicant proposes to recover artificially recharged water; (e) the name or description of the artificially recharged groundwater aquifer which is the source of supply; (f) the purpose for which the artificially recharged water will be recovered; (g) the depth and diameter of the existing well or proposed new well; (h) a legal description of the area where the artificially recharged water is proposed to be used; (i) the design pumping capacity of the existing well or proposed new well; and (j) any other information including maps, drawings, and data that the state engineer requires. (3) (a) A filing fee must be submitted with the application. (b) The state engineer shall establish the filing fee in accordance with Section 63J-1-504.
Utah Code § 73-5-8 — Utah Code / Title 73 / Chapter 73-5 / § 73-5-8
§ 73-5-8. Audits -- Reports by users to engineer.
Status: in_force

(1) The Division of Water Rights shall, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, make rules specifying: (a) what water use data a person shall report, pursuant to this section; and (b) how the Division of Water Rights shall validate the data described in Subsection (1)(a). (2) The Division of Water Rights may: (a) collect and validate water use data; and (b) require data be submitted electronically in a particular format by a city of the first class or a water conservancy district that provides service in whole or in part within a county of the first or second class, if the city or water conservancy district is located within: (i) the surveyed meander line of the Great Salt Lake; (ii) the drainage areas of the Bear River or the Bear River's tributaries; (iii) the drainage areas of Bear Lake or Bear Lake's tributaries; (iv) the drainage areas of the Weber River or the Weber River's tributaries; (v) the drainage areas of the Jordan River or the Jordan River's tributaries; (vi) the drainage areas of Utah Lake or Utah Lake's tributaries; (vii) 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 (2)(b)(ii) through (vi); or (viii) the drainage area of Tooele Valley. (3) Every person using water from any river system or water source, when requested by the state engineer, shall within 30 days after such request report to the state engineer in writing: (a) the nature of the use of any such water; (b) the area on which used; (c) the kind of crops to be grown; (d) water elevations on wells or tunnels; and (e) quantity of water used.
Utah Code § 73-28-104 — Utah Code / Title 73 / Chapter 73-28 / § 73-28-104
§ 73-28-104. Powers of the board.
Status: in_force

(1) The board may contract with: (a) a district for the sale of developed water; (b) a qualified entity for the development or construction of the project; or (c) a district or other qualified entity for the operation, maintenance, repair, or replacement of the project. (2) By following the procedures and requirements of Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the board may make rules to: (a) establish prices, in consultation with the committee and in accordance with Section 73-28-403, for: (i) developed water sold to the districts; and (ii) electricity made available by the project; (b) establish procedures for reviewing offers to contract for the sale of developed water and electricity; (c) establish the interest rate for repayment of preconstruction and construction costs; (d) establish a reasonable time period for the districts to offer to purchase water; and (e) administer and operate the project. (3) The board may exercise eminent domain, as provided in Title 78B, Chapter 6, Part 5, Eminent Domain, to construct the project.
Utah Code § 73-18-16 — Utah Code / Title 73 / Chapter 73-18 / § 73-18-16
§ 73-18-16. Regattas, races, exhibitions -- Rules.
Status: in_force

(1) The division may authorize the holding of regattas, motorboat or other boat races, marine parades, tournaments, or exhibitions on any waters of this state. (2) The division, after notifying the commission, may adopt rules concerning the safety of vessels and persons, either as observers or participants, that do not conflict with the provisions of Subsections (3) and (4). (3) A person may elect, at the person's own risk, to wear a non-Coast Guard approved personal floatation device if the person is on an American Water Ski Association regulation tournament slalom course and is: (a) engaged in barefoot water skiing; (b) water skiing in an American Water Ski Association regulation competition; (c) a performer participating in a professional exhibition or other tournament; or (d) practicing for an event described in Subsection (3)(b) or (c). (4) If a person is water skiing in an American Water Ski Association regulation tournament slalom course, an observer and flag are not required if the vessel is: (a) equipped with a wide angle mirror with a viewing surface of at least 48 square inches; and (b) operated by a person who is at least 18 years of age. (5) A violation of this section is an infraction.
Utah Code § 73-3c-301 — Utah Code / Title 73 / Chapter 73-3c / § 73-3c-301
§ 73-3c-301. Application to the director.
Status: in_force

(1) (a) A public agency proposing a water reuse project shall apply to the director. (b) Before applying for approval by the director of a water reuse project, the public agency shall obtain conditional approval of the water reuse project by the state engineer under Section 73-3c-302. (2) The Water Quality Board may make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, governing the consideration and approval by the director of water reuse applications and administration of water reuse construction and operating permits. (3) Rules made under Subsection (2) shall require that water reuse meet standards and requirements for water quality set by the Water Quality Board in accordance with Title 19, Chapter 5, Water Quality Act. (4) The director shall issue a written decision for each water reuse application. (5) The director may approve a water reuse project only after the state engineer has conditionally approved the water reuse project under Section 73-3c-302.
Utah Code § 73-10g-502.5 — Utah Code / Title 73 / Chapter 73-10g / § 73-10g-502.5
§ 73-10g-502.5. Capital asset management and reserve funding analysis for public water systems.
Status: in_force

(1) As used in this section: (a) "Board" means the Drinking Water Board appointed under Section 19-4-103. (b) "Public water system" means the same as that term is defined in Section 19-4-102. (c) "Reserve analysis" means a detailed evaluation of a public water system's reserves, assessing fund balances and projected future needs to ensure sufficient money is set aside to cover repairs, replacements, or restoration of water infrastructure capital assets and operational needs to determine: (i) the need for a reserve fund to accumulate reserve money; and (ii) the appropriate amount of money in a reserve fund, as determined by the public water system through recognized financial practices for public water systems, such as updated rate studies, budgeting, asset management, and financing resources. (2) By no later than July 1, 2028, as a condition of receiving state or federal financing or grants, the governing body of a public water system that is not a water conservancy district shall adopt a capital asset management plan. (3) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the Drinking Water Board shall make rules that establish the elements of a capital asset management plan for a public water system that is not a water conservancy district. (4) By no later than July 1, 2028, as a condition of receiving state or federal financing or grants, the governing body of a public water system shall adopt a capital asset reserve funding plan that includes: (a) an inventory of the major capital assets identified in a reserve analysis that reasonably require reserve money; (b) a statement of the condition and probable remaining useful life, as of the date of the reserve analysis, of each capital asset identified under Subsection (4)(a); (c) an estimate of the cost to renew, replace, or upgrade each capital asset identified under Subsection (4)(a); (d) an estimate of the total annual contribution to a reserve fund necessary to meet the costs identified in Subsection (4)(c) during a capital asset's useful life and at the end of a capital asset's useful life; (e) an analysis of a reserve fund's relationship to the setting of water rates, including the setting of rates pursuant to recognized affordability metrics for nondiscretionary indoor water use for health and sanitation; and (f) a reserve funding plan that: (i) recommends how the public water system may fund the costs described in Subsection (4)(c), which may include long term financing strategies in addition to cash reserves such as municipal bonding when authorized; and (ii) does not rely on obtaining grants to fund the reserve fund. (5) The governing body of a public water system required to adopt a capital asset reserve funding plan under this section shall update the public water system's capital asset reserve funding plan every five years. (6) The governing body of a public water system required to adopt a capital asset reserve funding plan under this section shall collect money in accordance with the capital asset reserve funding plan recommendations described in Subsection (4)(f). (7) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the Drinking Water Board shall make rules that: (a) provide a process under which the division may monitor a public water system's compliance with this section; and (b) impose administrative penalties similar to the penalties imposed under Section 19-4-109 for failure to comply with this section.
Utah Code § 73-10c-7 — Utah Code / Title 73 / Chapter 73-10c / § 73-10c-7
§ 73-10c-7. Use of deposits in security fund.
Status: in_force

All money and investments on deposit in the security fund shall be held for the purposes for which the security fund is established, as provided in this chapter, and may not be used for any other purpose.
Utah Code § 73-10-39 — Utah Code / Title 73 / Chapter 73-10 / § 73-10-39
§ 73-10-39. Study and recommendations related to the financing of water infrastructure.
Status: in_force

(1) As used in this section: (a) "Division" means the Division of Water Resources. (b) "Water infrastructure projects" means the same as that term is defined in Section 73-10g-102. (2) (a) The division shall study and make recommendations, to be completed by October 31, 2024, concerning: (i) which funds or accounts used to finance water infrastructure projects should be tied to the planning and prioritization process in Chapter 10g, Part 6, Planning and Prioritization; (ii) whether any funds or accounts should be consolidated; and (iii) whether changes to the membership of the Water Development Coordinating Council, created by Sections 79-2-201 and 73-10c-3, are needed to fulfill the purposes of Chapter 10g, Part 6, Planning and Prioritization. (b) The division shall study and make recommendations, to be completed by October 31, 2025, concerning whether to impose a new fee to fund water infrastructure projects identified in the unified water infrastructure plan adopted under Section 73-10g-602 and consistent with the planning and prioritization process in Chapter 10g, Part 6, Planning and Prioritization. The study shall consider: (i) who is assessed the fee; (ii) how to calculate the fee amount, including any adjustments to the fee amount over time; (iii) the process for collecting the fee; (iv) where the money collected should be deposited; (v) whether the revenue stream should be configured as a tax rather than a fee; (vi) how the money collected should be spent; (vii) the affordability of the fee for end users; and (viii) how to assure that the revenue is distributed equitably statewide. (3) In conducting a study described in Subsection (2), the division shall: (a) work cooperatively with the Water Development Coordinating Council; and (b) consult with a wide range of stakeholders with diverse interests, including those with expertise in water development and delivery, tax policy, and water funding. (4) The division shall report the division's findings and recommendations to the Natural Resources, Agriculture, and Environment Interim Committee by no later than: (a) for the study described in Subsection (2)(a), the November 2024 interim meeting of the Natural Resources, Agriculture, and Environment Interim Committee; and (b) for the study described in Subsection (2)(b), the November 2025 interim meeting of the Natural Resources, Agriculture, and Environment Interim Committee.
Utah Code § 73-26-401 — Utah Code / Title 73 / Chapter 73-26 / § 73-26-401
§ 73-26-401. Powers of division.
Status: in_force

The division may: (1) enter into contracts and agreements for the development, operation, maintenance, repair, and replacement of projects authorized under this chapter; and (2) (a) set prices for the sale or lease of water made available by the project, in accordance with Section 73-26-506 and rules made by the board; and (b) enter into contracts for the sale or lease of the water.
Utah Code § 73-18-23 — Utah Code / Title 73 / Chapter 73-18 / § 73-18-23
§ 73-18-23. Severability clause.
Status: in_force

If any provision of this act, or the application of any provision to any person or circumstance, is held invalid, the rest of this act shall not be affected thereby.
Utah Code § 73-3d-202 — Utah Code / Title 73 / Chapter 73-3d / § 73-3d-202
§ 73-3d-202. Existing agencies to be used in implementation.
Status: in_force

The governor shall use, to the extent practicable, existing state boards, commissions, or agencies, or officers or employees for the purpose of carrying out this chapter.
Utah Code § 73-3d-301 — Utah Code / Title 73 / Chapter 73-3d / § 73-3d-301
§ 73-3d-301. Preferences between persons using water.
Status: in_force

(1) Notwithstanding Section 73-3-21.1, if the governor issues an executive order declaring a temporary water shortage emergency under this chapter: (a) use of water is preferred over other water use during the time period of the temporary water shortage emergency under the executive order if the water is used in accordance with the executive order: (i) for one or more of the following purposes, with preference exercised in the order listed: (A) drinking; (B) sanitation; (C) fire suppression; (D) commercial agriculture animal welfare needs; or (E) generation of electricity; and (ii) by one of the following: (A) a public water supplier, as defined in Section 73-1-4; (B) a military facility that was in operation on March 10, 2011; (C) a commercial agriculture operation for purposes described in Subsection (1)(a)(i)(D); or (D) an electric utility; and (b) use of water for agricultural purposes, including irrigation, livestock watering, or food processing, is preferred over other rights, except as provided in Subsection (1)(a). (2) A preference for fire suppression under Subsection (1) is in addition to the governor's authorization to use water sources as necessary for fire suppression under Subsection 53-2a-204(1)(o). (3) The state engineer shall determine, consistent with the executive order declaring a temporary water shortage emergency, through a priority schedule, which water rights a person specified in the executive order as required by Subsection 73-3d-201(1)(c)(iv) may interrupt for purposes of this section. (4) (a) A person entitled to make a request who uses water preferentially during a temporary water shortage emergency shall measure the water taken preferentially during the temporary water shortage emergency. (b) A duty to measure under this Subsection (4) does not replace or modify any other duty to measure water under this title or rules made under this title.
Utah Code § 73-3b-201 — Utah Code / Title 73 / Chapter 73-3b / § 73-3b-201
§ 73-3b-201. Application for a recharge permit -- Required information -- Filing fee.
Status: in_force

(1) The application for obtaining a recharge permit shall include the following information: (a) the name and mailing address of the applicant; (b) the name of the groundwater basin or groundwater sub-basin in which the applicant proposes to operate the recharge project; (c) the name and mailing address of the owner of the land on which the applicant proposes to operate the recharge project; (d) a legal description of the location of the proposed recharge project; (e) the source and annual quantity of water proposed to be artificially recharged; (f) evidence of a water right or an agreement to use the water proposed to be artificially recharged; (g) the quality of the water proposed to be artificially recharged and the water quality of the receiving aquifer; (h) evidence that the applicant has applied for all applicable water quality permits; (i) a plan of operation for the proposed recharge project, which shall include: (i) a description of the proposed recharge project; (ii) its design capacity; (iii) a detailed monitoring program; and (iv) the proposed duration of the recharge project; (j) a copy of a study demonstrating: (i) the area of hydrologic impact of the recharge project; (ii) that the recharge project is hydrologically feasible; (iii) that the recharge project will not: (A) cause unreasonable harm to land; or (B) impair any existing water right within the area of hydrologic impact; and (iv) the percentage of anticipated recoverable water; (k) evidence of financial and technical capability; and (l) any other information that the state engineer requires. (2) (a) A filing fee must be submitted with the application. (b) The state engineer shall establish the filing fee in accordance with Section 63J-1-504.
Utah Code § 73-29-205 — Utah Code / Title 73 / Chapter 73-29 / § 73-29-205
§ 73-29-205. Injunctive relief.
Status: in_force

(1) The owner of private property may obtain injunctive relief against a person who, without permission, enters, remains, or persists in an effort to enter or remain on the owner's property for recreational use of public water other than use in accordance with Sections 73-29-202 and 73-29-203, when effective. (2) An injunction under this section is in addition to any remedy for trespass. (3) The existence of an easement under Section 73-29-203 is a defense in an action for injunctive relief under this section or a claim of trespass under other law. (4) If a person against whom an injunction is sought, or a person charged with trespass, establishes by clear and convincing evidence the existence of an easement for defense purposes, as described in Subsection (3), the establishment of the existence of the easement applies only to the defense and does not constitute a judicial declaration of the easement's existence for another purpose. (5) If an owner obtains an injunction against a person under this section, the injunction does not serve as a declaration that there is no public easement on the owner's property. (6) The court may award attorney fees and costs in an action under this section if the court finds that the losing party's arguments lack a reasonable basis in law or fact.
Utah Code § 73-26-302 — Utah Code / Title 73 / Chapter 73-26 / § 73-26-302
§ 73-26-302. Construction contingent upon sale or lease of water -- Preconstruction may proceed if funded.
Status: in_force

(1) Except as provided in Subsection (3), the division may not expend money for construction costs on any phase of a project until: (a) contracts have been made for the sale or lease of at least 70% of the water developed by that phase; and (b) all permits required by the environmental impact statement have been obtained. (2) Construction of the project and implementation of the environmental mitigation plan shall proceed concurrently. (3) The division may make expenditures for preconstruction costs if money is expressly appropriated or earmarked by statute for that purpose by the Legislature.
Utah Code § 73-10g-107 — Utah Code / Title 73 / Chapter 73-10g / § 73-10g-107
§ 73-10g-107. Water Infrastructure Fund.
Status: in_force

(1) There is created an enterprise fund known as the "Water Infrastructure Fund," which is referred to in this section as the "fund." (2) The fund shall consist of: (a) appropriations from the Legislature; (b) money from the federal government; (c) grants or donations from a person; (d) money made available to the state for purposes of water infrastructure projects from any source; (e) money received for the repayment of loans made from the Water Resources Cities Water Loan Fund that were issued before May 7, 2025; (f) money transferred to the fund under Subsection (5); and (g) interest and earnings on the fund. (3) The state treasurer shall invest the money in the fund according to Title 51, Chapter 7, State Money Management Act, except that interest or other earnings derived from those investments shall be deposited into the fund. (4) (a) The Water Development Coordinating Council may use money in the fund to pay for the costs of administering Part 6, Planning and Prioritization, including staff directly related to the activities of the Water Development Coordinating Council under Part 6, Planning and Prioritization. (b) The division may use money in the fund to pay for the costs of the study required by Section 73-10-39. (c) Fund money may be used, in accordance with Section 73-10g-603, to provide money to a relevant agency, as defined in Section 73-10g-601. (5) (a) Each fiscal year beginning with fiscal year 2027, the Division of Finance shall transfer the money described in this Subsection (5) to the fund at the close of the fiscal year. (b) The Water Quality Board shall at the close of a fiscal year beginning with fiscal year 2027: (i) determine the amount of money in the Water Quality Security - Utah Wastewater Loan Program Subaccount, created in Section 73-10c-5, that is in excess of the money needed to fund loans authorized in the previous fiscal year under the Utah Wastewater Loan Program; (ii) determine the amount of the money described in Subsection (5)(b)(i) that should be transferred under this Subsection (5)(b); and (iii) direct the Division of Finance to transfer the amount of money described in Subsection (5)(b)(ii) to the fund. (c) The Drinking Water Board shall at the close of a fiscal year beginning with fiscal year 2027: (i) determine the amount of money in the Drinking Water Security - Drinking Water Loan Program Subaccount, created in Section 73-10c-5, that is in excess of the money needed to fund loans authorized in the previous fiscal year under the Drinking Water Loan Program; (ii) determine the amount of the money described in Subsection (5)(c)(i) that should be transferred under this Subsection (5)(c); and (iii) direct the Division of Finance to transfer the amount of money described in Subsection (5)(c)(ii) to the fund. (d) The Board of Water Resources shall at the close of a fiscal year beginning with fiscal year 2027: (i) determine the amount of money in the Water Resources Conservation and Development Fund, created in Section 73-10-24, that is in excess of the sum of the money: (A) specified in Subsection 59-12-103(5)(d) for the purposes described in Subsection 59-12-103(5)(d); and (B) needed to fund loans or grants authorized in the previous fiscal year under Chapter 10, Board of Water Resources - Division of Water Resources; (ii) determine the amount of the money described in Subsection (5)(d)(i) that should be transferred under this Subsection (5)(d); and (iii) direct the Division of Finance to transfer the amount of money described in Subsection (5)(d)(ii) to the fund.
Utah Code § 73-10c-9 — Utah Code / Title 73 / Chapter 73-10c / § 73-10c-9
§ 73-10c-9. Investments of money in security fund.
Status: in_force

(1) Unless otherwise required to preserve the exemption of any obligations of the state from federal taxation, the state treasurer shall invest the money in the security fund by following the procedures and requirements of Title 51, Chapter 7, State Money Management Act. (2) If necessary to preserve the exemption of any obligations of the state from federal taxation, the board may make investments in any manner necessary to preserve this exemption.
Utah Code § 73-3c-304 — Utah Code / Title 73 / Chapter 73-3c / § 73-3c-304
§ 73-3c-304. Change in point of discharge.
Status: in_force

(1) The point of discharge of water from a POTW may be changed if the director determines that a change is necessary: (a) for treatment purposes; (b) to enhance environmental quality; (c) to protect public health, safety, or welfare; or (d) to comply with: (i) rules created by the Water Quality Board in accordance with Section 19-5-104; or (ii) the POTW's discharge permit. (2) Before changing the point of discharge from a POTW under Subsection (1), the director shall consult with the state engineer.
Utah Code § 73-5a-702 — Utah Code / Title 73 / Chapter 73-5a / § 73-5a-702
§ 73-5a-702. Civil penalties -- Costs -- Civil liability.
Status: in_force

(1) Any person who violates this chapter or any lawful notice or order issued pursuant to this chapter shall be assessed a penalty not to exceed $5,000 per violation in a civil proceeding. (2) In the case of a continuing violation, each day that the violation continues constitutes a separate and distinct offense. (3) Any person who violates this chapter shall be liable for any expenses incurred by the state engineer in abating any violation of this chapter. (4) A penalty assessment under this chapter does not relieve the person assessed from civil liability for claims arising out of any act which was also a violation.
Utah Code § 73-3c-302 — Utah Code / Title 73 / Chapter 73-3c / § 73-3c-302
§ 73-3c-302. Application to the state engineer.
Status: in_force

(1) (a) A public agency proposing a water reuse project shall apply to the state engineer. (b) The state engineer's approval of a water reuse project application filed under this section is conditioned on the approval of the director under Section 73-3c-301. (2) An application for water reuse under Subsection (1) shall be made upon forms furnished by the state engineer and shall include: (a) the name of the applicant; (b) a description of the underlying water right; (c) an evaluation of the underlying water right's diversion, depletion, and return flow requirements; (d) the estimated quantity of water to be reused; (e) the location of the POTW; (f) the place, purpose, and extent of the proposed water reuse; (g) an evaluation of depletion from the hydrologic system caused by the water reuse; and (h) any other information consistent with this chapter that is requested by the state engineer. (3) An application under Subsection (1) shall include a copy of a reuse authorization contract for water reuse proposed by a public agency for any underlying water right not owned by the public agency. (4) In considering an application for water reuse, the state engineer shall comply with: (a) Section 73-3-6; (b) Section 73-3-7; (c) Section 73-3-10; and (d) Section 73-3-14. (5) In determining whether a proposed water reuse is consistent with the underlying water right, the state engineer shall conclude that a proposed water reuse is consistent with the underlying water right if: (a) the use of the reuse water does not enlarge the underlying water right; and (b) any return flow requirement of the underlying water right is satisfied. (6) (a) The state engineer shall approve a water reuse application if the state engineer concludes that the proposed water reuse: (i) is consistent with the underlying water right; and (ii) for an application in which the water would have otherwise been discharged into a tributary of the Great Salt Lake, includes an adequate replacement plan provided by the applicant. (b) The state engineer may: (i) deny an application if the proposed water reuse is inconsistent with the underlying water right; or (ii) approve the application in part or with conditions to assure consistency with the underlying water right. (7) (a) For an application in which the water would have otherwise been discharged into a tributary of the Great Salt Lake, the applicant shall submit a water replacement plan that provides an equivalent amount of water to the Great Salt Lake. (b) The state engineer may: (i) approve the application in part or with conditions to assure equivalent replacement of water to the Great Salt Lake; or (ii) deny an application if the replacement plan cannot assure equivalent replacement of water to the Great Salt Lake. (8) A public agency with an approved reuse application shall submit a report, as directed by the state engineer, concerning the ongoing water reuse operation. (9) The state engineer may make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to implement the provisions of this chapter.
Utah Code § 73-10d-1 — Utah Code / Title 73 / Chapter 73-10d / § 73-10d-1
§ 73-10d-1. Public policy.
Status: in_force

The Legislature declares that the policy of this state is to assure its citizens adequate public services, including drinking water, water, and wastewater collection, treatment and disposal at reasonable cost. Adequate public services are essential to the maintenance and general welfare of the citizens of this state and to the continued expansion of the state's economy, job market, and industrial base.The cost of constructing, owning, and operating capital facilities to meet the anticipated growth in the demand for those public services is becoming increasingly burdensome to political subdivisions, particularly to the smaller communities of the state.It is desirable that innovative financing mechanisms be made available to assist the communities of this state to develop capital facilities to provide adequate public services at reasonable cost. Private sector ownership and operation of capital facilities providing public services together with industrial development revenue bond financing of those facilities, can result in cost savings to communities contracting for those public services.It is in the best public interest of the state and its citizens that political subdivisions be authorized to provide public services by access to facilities owned and operated by private persons and financed through the issuance of industrial development revenue bonds, and to contract with private persons for the long-term provision of the services of those facilities.
Utah Code § 73-18-15.5 — Utah Code / Title 73 / Chapter 73-18 / § 73-18-15.5
§ 73-18-15.5. Authorizing or permitting driving a vessel in violation of law.
Status: in_force

(1) A person may not authorize or knowingly permit a vessel owned by him or that is under his control to be driven by a person in violation of this chapter or Title 41, Chapter 6a, Part 5, Driving Under the Influence and Reckless Driving. (2) A person who violates Subsection (1) is guilty of a class C misdemeanor.
Utah Code § 73-33-203 — Utah Code / Title 73 / Chapter 73-33 / § 73-33-203
§ 73-33-203. Measuring volume and quality of water.
Status: in_force

(1) (a) A person diverting water under a Great Salt Lake water right shall: (i) measure through the use of a physical measurement and not estimate or calculate the water or brine diverted from the Great Salt Lake as part of the mineral or element extraction process; (ii) keep a record of the measurements described in Subsection (1)(a)(i); and (iii) report the measurements described in Subsection (1)(a)(i) to the Division of Water Rights in accordance with rules made by the Division of Water Rights under Title 63G, Chapter 3, Utah Administrative Rulemaking Act. (b) A duty described in Subsection (1)(a) does not replace or modify any other duty to measure water under this title or rules made under this title. (2) A person diverting water under a Great Salt Lake water right shall: (a) measure the salinity of any discharge of water or brine from the person's operations into the Great Salt Lake in accordance with rules made by the Division of Forestry, Fire, and State Lands in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act; (b) keep a record of the measurements described in Subsection (2)(a); and (c) report the measurements described in Subsection (2)(a) to the Division of Forestry, Fire, and State Lands in accordance with rules made by the Division of Forestry, Fire, and State Lands under Title 63G, Chapter 3, Utah Administrative Rulemaking Act. (3) (a) On or before June 1, 2025, the Division of Water Quality, in consultation with the Division of Forestry, Fire, and State Lands, and in cooperation with the Great Salt Lake commissioner pursuant to Section 73-32-203, shall make a rule, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, setting a limit for the salinity of water or brine that a person may discharge into the Great Salt Lake as part of the mineral or element extraction process. (b) If a person discharges water or brine that exceeds the limit imposed under Subsection (3)(a), the Division of Water Quality may modify, revoke and reissue, or terminate any permit issued by the Division of Water Quality related to the discharge. (4) A person shall keep a record required under this section for a period of at least five years from the day on which the record is made.
Utah Code § 73-1-4.5 — Utah Code / Title 73 / Chapter 73-1 / § 73-1-4.5
§ 73-1-4.5. Authorization for water companies to allocate water rights lost by forfeiture or nonuse -- Redemption and retirement of water shares.
Status: in_force

(1) (a) If a water right, to which a water company holds title, ceases or is lost due to forfeiture or abandonment for lack of beneficial use, in whole or in part, the water company shall, through procedures consistent with this section, and as defined in the company's articles of incorporation or bylaws, apportion the loss to each stockholder whose failure to make beneficial use caused the loss of the water right. (b) The water company shall make an apportionment if a court of proper jurisdiction makes a final decision that a loss has occurred. (c) The water company shall also reduce the amount of water provided to the shareholder in proportion to the amount of the lost water right during an appeal of a decision that reduced the company water rights, unless otherwise ordered by a court of proper jurisdiction. (d) The water company may take any action under this Subsection (1), whether the loss occurred: (i) under Utah Code Annotated Section 73-1-4, including losses that occur as part of a general determination under Title 73, Chapter 4, Determination of Water Rights; or (ii) through any other decision by a court of proper jurisdiction. (2) (a) If the water company apportions a water right under Subsection (1), a sufficient number of shares to account for the water right lost, including necessary transport or "carrier water" losses, shall be treated by the water company as shares redeemed by the company from the stockholder responsible for the loss. (b) The number of shares owned by that shareholder shall be reduced accordingly on the records of the company. (c) Upon the redemption, the authorized shares of the company shall be reduced by the amount of shares that were redeemed under this Subsection (2). (3) The redemption and retirement under this section of shares belonging to a stockholder does not relieve the stockholder of liability for unpaid assessments on the stock or debts the shareholder may owe to the water company.
Utah Code § 73-32-301 — Utah Code / Title 73 / Chapter 73-32 / § 73-32-301
§ 73-32-301. Office of the Great Salt Lake Commissioner.
Status: in_force

(1) There is created the Office of the Great Salt Lake Commissioner. (2) The office shall: (a) provide staff support to the commissioner; and (b) operate under the supervision of the commissioner. (3) The department shall provide office space, furnishings, and supplies to the commissioner, the office, and support staff for the office.
Utah Code § 73-35-303 — Utah Code / Title 73 / Chapter 73-35 / § 73-35-303
§ 73-35-303. Duties and powers.
Status: in_force

7/1/2026 (1) Before legal action on behalf of the state or the users of the waters of the Colorado River system may be taken under this chapter, the river commissioner shall request that the governor and attorney general take legal action on behalf of the state and the users of the waters of the Colorado River system. (2) Except as provided in Section 73-35-402, the attorney general shall represent the river commissioner and the authority, including the authority's members and officers, in all matters related to the Colorado River. At the request of the authority or the river commissioner, the attorney general may institute or join legal actions against any party to enforce or defend the state's rights in matters related to the Colorado River. (3) The river commissioner shall act for the state and the Utah Colorado River users in consultations or negotiations with: (a) the Upper Colorado River Commission; (b) the states in the Colorado River Compact; and (c) the government of the United States. (4) The river commissioner may make and enter into a compact between Utah and Colorado River Basin States, either jointly or severally. A compact that defines the rights of the states or of the United States in the waters of the Colorado River system is not binding on Utah until ratified and approved by: (a) the Utah State Legislature by joint resolution; (b) the governor of this state; and (c) the appropriate federal agency when the federal agency's approval is required. (5) The river commissioner within the limits of the river commissioner's authority shall: (a) represent and act for the state in consultation with other states, the United States, foreign countries, and private persons, and negotiate and enter into agreements between the state and those entities, jointly or severally; (b) represent and act for the state as a member of an interstate or international commission or other body as may be established relating to the Colorado River system in transactions with Colorado River Basin States, the federal government, or a foreign country; and (c) report to the governor the measures or legislative actions that the river commissioner considers necessary to carry out the provisions of any law relating to the powers and duties of the authority. (6) The river commissioner shall perform the duties imposed by this chapter and perform all other things the river commissioner considers necessary or expedient to carry out the purposes of this chapter.
Utah Code § 73-26-107 — Utah Code / Title 73 / Chapter 73-26 / § 73-26-107
§ 73-26-107. Development of hydropower generating works -- Power offered to public utilities or municipalities.
Status: in_force

(1) In association with a project authorized under this chapter, the division may: (a) construct and own hydroelectric generating works and incidental electrical facilities for the purposes stated in Subsection (2); or (b) enter into an agreement with a public utility or municipality for the development and operation of hydroelectric generating works and incidental electrical facilities. (2) Power and energy derived from any hydroelectric generating works owned by the division, except for power and energy needed for project operations, must be offered to public utilities or municipalities in the state for distribution to electric consumers.
Utah Code § 73-31-102 — Utah Code / Title 73 / Chapter 73-31 / § 73-31-102
§ 73-31-102. Definitions.
Status: in_force

As used in this chapter: (1) "Applicant" means: (a) a record holder of a perfected water right or a valid diligence claim applying for board approval of a statutory water bank under Part 2, Statutory Water Banks; or (b) a public entity applying for board approval of a contract water bank under Part 3, Contract Water Banks. (2) "Application" means an application submitted to the board to approve a water bank. (3) "Approved change application" means a change application that the state engineer approves to authorize a water right holder to deposit a water right in a water bank pursuant to this chapter and Section 73-3-3 or 73-3-3.5. (4) "Banked water right" means a water right, or a portion of a water right, deposited in a water bank that the state engineer has authorized for use in a water bank through an approved change application. (5) "Board" means the Board of Water Resources. (6) "Borrower" means a person seeking to use a banked water right within a water bank's service area. (7) "Contract water bank" means a water bank created pursuant to Part 3, Contract Water Banks. (8) "Delivery request" means a request to use a banked water right made by a borrower in accordance with a water bank's policies approved under the water bank's application. (9) "Deposit" means depositing a banked water right for use within the service area of a water bank. (10) "Depositor" means a person seeking to deposit a water right in a water bank. (11) "Hereafter use" means the conditions of use the state engineer authorizes for a banked water right during the term of an approved change application. (12) "Heretofore use" means the authorized conditions of use that were in effect before the state engineer approved a change application authorizing new conditions for the use of a banked water right. (13) "Loaned water rights" means a banked water right that is used pursuant to an approved delivery request. (14) "Perfected water right" means a water right evidenced by: (a) a decree; (b) a certificate of appropriation; or (c) a proposed determination or court order issued in a general adjudication. (15) "Public entity" means the same as that term is defined in Section 73-1-4 except for the United States or an agency of the United States. (16) "Reporting year" means November 1 through October 31. (17) "Service area" means the geographic area where a water bank is approved to operate and operates. (18) "State engineer" means the state engineer appointed under Section 73-2-1. (19) "Statutory water bank" means a water bank created pursuant to Part 2, Statutory Water Banks. (20) "Water bank" means a contract water bank or a statutory water bank. (21) "Water banking website" means a website overseen by the board in accordance with Section 73-31-103.
Utah Code § 73-35-207 — Utah Code / Title 73 / Chapter 73-35 / § 73-35-207
§ 73-35-207. Authority meetings.
Status: in_force

7/1/2026The authority shall comply with Title 52, Chapter 4, Open and Public Meetings Act, in holding meetings.
Utah Code § 73-10-7 — Utah Code / Title 73 / Chapter 73-10 / § 73-10-7
§ 73-10-7. Title to projects -- Contractual powers of board.
Status: in_force

Title of all projects constructed with funds made available by Section 73-10-8 hereof under the terms of this act shall become vested in the state of Utah. The board is empowered to enter into contracts which are, in its opinion, necessary for the maintenance and continued operation of such projects.
Utah Code § 73-10d-5 — Utah Code / Title 73 / Chapter 73-10d / § 73-10d-5
§ 73-10d-5. Bond issues -- Debt not authorized -- Project not a public utility -- Financing as an industrial facility.
Status: in_force

(1) The governing body of any municipality or county may, under Title 11, Chapter 17, Utah Industrial Facilities and Development Act, and this chapter, issue bonds to finance the costs of privatization projects within or partially within its own jurisdiction, on behalf of private owner/operators, all pursuant to contracts and other arrangements provided for in the proceedings under which the bonds are issued. Privatization projects shall provide services to one or more political subdivisions, which may include the municipality or county issuing bonds. (2) All bonds issued under this chapter shall be limited obligations of the municipality or county issuing the bonds. Bonds issued under this chapter or interest on them do not constitute nor give rise to a general obligation of the state, the issuer of the bonds, or any other political subdivision, nor are they a charge against the general credit or taxing powers of the state, the issuer, or any other political subdivision. This limitation shall be plainly stated on the face of the bonds. The bonds are not payable from any funds other than those of the municipality or county that shall be specifically pledged for that purpose in accordance with this chapter and Title 11, Chapter 17, Utah Industrial Facilities and Development Act. (3) All expenses incurred in carrying out any provision of this chapter with respect to a privatization project are payable solely as provided under this chapter, and nothing in this chapter shall be construed to authorize the issuer of bonds to incur indebtedness or liability on behalf of or payable by the state or any political subdivision. (4) A privatization project or its private owner/operator is not a "public utility" for any purpose of Title 54, Chapter 2, General Provisions, with respect to any privatization project or the services provided thereby. (5) For purposes of Title 11, Chapter 17, Utah Industrial Facilities and Development Act, a privatization project is a "project" as defined in Section 11-17-2.
Utah Code § 73-31-106 — Utah Code / Title 73 / Chapter 73-31 / § 73-31-106
§ 73-31-106. Board assistance.
Status: in_force

The board may direct the Division of Water Resources to assist the board in fulfilling the board's responsibilities under this chapter.
Utah Code § 73-3b-104 — Utah Code / Title 73 / Chapter 73-3b / § 73-3b-104
§ 73-3b-104. Rulemaking power of state engineer.
Status: in_force

The state engineer may make rules to administer this chapter in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
Utah Code § 73-3b-208 — Utah Code / Title 73 / Chapter 73-3b / § 73-3b-208
§ 73-3b-208. Proposed new well -- Compliance with water well construction rules.
Status: in_force

An applicant for a recharge permit or recovery permit who intends to construct a new well to recharge or recover artificially recharged water must comply with Sections 73-3-25 and 73-3-26, and rules adopted under those sections, regarding the construction of water wells.
Utah Code § 73-18-20.5 — Utah Code / Title 73 / Chapter 73-18 / § 73-18-20.5
§ 73-18-20.5. Reporting of theft and recovery of vessels.
Status: in_force

(1) (a) Any peace officer upon receiving reliable information that any vessel or outboard motor has been stolen shall immediately report the theft to the Criminal Investigations and Technical Services Division of the Department of Public Safety, established in Section 53-10-103. (b) Any peace officer upon receiving information that any vessel or outboard motor which was previously reported as stolen has been recovered shall immediately report the recovery to the peace officer's law enforcement agency and to the Criminal Investigations and Technical Services Division. (2) The reporting and recovery procedures for vessels and outboard motors shall be the same as those specified in Section 41-1a-1401 for motor vehicles.
Utah Code § 73-3b-301 — Utah Code / Title 73 / Chapter 73-3b / § 73-3b-301
§ 73-3b-301. Storage account -- Monitoring and reporting required.
Status: in_force

(1) The state engineer shall establish a storage account for each groundwater recharge and recovery project for which a permit has been issued. (2) In accordance with specifications of the state engineer, any person holding a groundwater recharge or recovery permit shall: (a) monitor the operation of the project and its impact on land, the groundwater aquifer, and water rights within the project's area of hydrologic impact; and (b) file reports with the state engineer regarding: (i) the quantity of water stored and recovered; and (ii) the water quality of the recharged water, receiving aquifer, and recovered water.
Utah Code § 73-18a-3 — Utah Code / Title 73 / Chapter 73-18a / § 73-18a-3
§ 73-18a-3. Marine toilets -- Use without pollution control device prohibited -- Containers of body waste -- Discharge into waters prohibited.
Status: in_force

(1) No marine toilet on any vessel used or operated upon the waters of this state may be operated so as to discharge any inadequately treated human body waste into or upon waters of this state directly or indirectly. (2) No person owning or operating a vessel with a marine toilet may use, or permit the use of, a toilet on the waters of this state, unless the toilet is equipped with facilities that will adequately treat, hold, incinerate, or otherwise handle human body waste in a manner that is capable of preventing water pollution. (3) No container of human body waste may be placed, left, discharged, or caused to be placed, left, or discharged into or upon any waters of this state or lands adjacent to these waters by any person at any time.
Utah Code § 73-35-204 — Utah Code / Title 73 / Chapter 73-35 / § 73-35-204
§ 73-35-204. Authority's general powers and mission -- Management plan -- Duties and powers.
Status: in_force

7/1/2026 (1) The authority may advise, support, gather information, and provide input to the river commissioner and the Legislature. (2) The mission of the authority is to protect Utah's right to use waters from the Colorado River system. (3) The authority may develop a management plan to ensure that Utah can protect Utah's right to use and develop the Colorado River system and to work to ensure that Utah can live within the state's apportionment of the Colorado River system. (4) The authority may assist the Utah water agent, appointed under Section 73-10g-702, in pursuing the Utah water agent's functions and duties as related to the Colorado River. (5) The authority may coordinate with the Office of the Attorney General to prepare the state for potential litigation. (6) As the authority determines appropriate to further the mission of the authority or implement the management plan, the authority may: (a) take a necessary action to acquire a grant or other resource from the federal government, other government agency, or private entity, including providing matching money; (b) award a grant of money from authority money; (c) enter into a lease agreement for a water right or water share; (d) enter into a contract generally; (e) contract with the federal government or other government agency; (f) sue and be sued; and (g) provide funding for the development of infrastructure and improvements on or related to the Colorado River.
Utah Code § 73-1-17 — Utah Code / Title 73 / Chapter 73-1 / § 73-1-17
§ 73-1-17. Borrowing from federal government authorized.
Status: in_force

That irrigation companies, drainage districts, and irrigation districts heretofore organized under the laws of the state of Utah be and they are hereby authorized and empowered to borrow money from the Reconstruction Finance Corporation, organized pursuant to an Act of Congress of the United States, or from any other governmental loaning agency or agencies to aid them in refunding or refinancing their obligations outstanding on the date of enactment by the Congress of the United States of the Emergency Relief and Construction Act of 1932 through the purchase and retirement of such obligations at a discount, or otherwise, if such obligations were issued in connection with irrigation and/or drainage projects of such companies and/or districts, respectively, which are self-liquidating in character, or where the loan can be repaid by the applicant for such loan by assessment on the issued and outstanding capital stock of the irrigation company, or by assessment on the land or lands within the exterior boundaries of the drainage district, or by assessments on the lands and/or water allotted to lands within the exterior boundaries of the irrigation district.
Utah Code § 73-3b-105 — Utah Code / Title 73 / Chapter 73-3b / § 73-3b-105
§ 73-3b-105. Administrative procedures.
Status: in_force

The administrative procedures applicable to the issuance, modification, suspension, or revocation of a recharge permit or recovery permit are those set forth in Title 63G, Chapter 4, Administrative Procedures Act, and Sections 73-3-6, 73-3-7, 73-3-14, and 73-3-15.
Utah Code § 73-10g-301 — Utah Code / Title 73 / Chapter 73-10g / § 73-10g-301
§ 73-10g-301. Implementation of part.
Status: in_force

This part shall be liberally construed to: (1) provide input to the Water Development Coordinating Council regarding infrastructure planning on a watershed and state level in accordance with Part 6, Planning and Prioritization; (2) develop diverse and balanced stakeholder forums for discussion of water policy and resource issues at watershed and state levels that are not vested with regulatory, infrastructure financing, or enforcement powers or responsibilities; and (3) use local expertise and resources found in universities and other research institutions or in regional, state, and federal agencies.
Utah Code § 73-31-202 — Utah Code / Title 73 / Chapter 73-31 / § 73-31-202
§ 73-31-202. Statutory water bank application.
Status: in_force

(1) A record holder, other than the United States or an agency of the United States, of a perfected water right or a valid diligence claim may request approval for a proposed statutory water bank if the place of use and point of diversion for the applicant's water right are encompassed within the proposed service area of the proposed statutory water bank and the applicant files an application with the board that includes the following: (a) the name of the statutory water bank; (b) the mailing address for the statutory water bank; (c) the type of legal entity recognized under Utah law that constitutes the statutory water bank; (d) a proposed service area map for the statutory water bank; (e) whether the statutory water bank will accept deposits of surface water rights or groundwater rights, provided that: (i) a statutory water bank may not accept deposits of both surface water rights and groundwater rights; and (ii) the applicant's perfected water right or valid diligence claim is of the type accepted by the statutory water bank; (f) a copy of the statutory water bank's governing documents that specify: (i) the number of members of the governing body, which may not be an even number; (ii) the qualifications for governing members, including terms and election or appointment procedures; and (iii) the initial governing members' names, telephone numbers, and post office addresses; (g) a confirmation that the applicant satisfies the criteria listed in Subsection (1)(e)(ii); (h) procedures that describe how the statutory water bank will: (i) determine and fund the water bank's administrative costs; (ii) design, facilitate, and conduct transactions between borrowers and depositors for the use of a banked water right; and (iii) accept, reject, and manage banked water rights, including: (A) what information a depositor shall provide to inform the statutory water bank, the state engineer, or any other distributing entity regarding the feasibility of using the water right within the statutory water bank's designated service area; (B) how a potential depositor is to work with the statutory water bank to jointly file a change application seeking authorization from the state engineer to deposit a water right within the statutory water bank; (C) conditions for depositing a water right with the statutory water bank; (D) how payments to depositors are determined; and (E) under what conditions a depositor may use a water right at the heretofore place of use pursuant to Subsection 73-31-501(4); (iv) accept, review, and approve delivery requests, including: (A) deadlines for submitting a delivery request to the statutory water bank; (B) a cost or fee associated with submitting a delivery request and how that cost or fee is to be applied or used by the statutory water bank; (C) what information a borrower is to include on a delivery request to sufficiently inform the statutory water bank, state engineer, or another distributing entity whether the delivery request is feasible within the statutory water bank's designated service area; (D) any notice and comment procedures for notifying other water users of the delivery request; (E) the criteria the statutory water bank will use to evaluate delivery requests; (F) how the statutory water bank will inform water users who have submitted a delivery request if the delivery request is approved or denied, the reasons for denial if denied, and any applicable conditions if approved; (G) appeal or grievance procedures, if any, for a borrower seeking to challenge a denial of a delivery request, including identifying who has the burden in an appeal and the standards of review; (H) how the statutory water bank will determine prices for the use of loaned water rights; and (I) how the statutory water bank will coordinate with the state engineer to facilitate distribution of approved delivery requests; (v) how the statutory water bank will ensure that the aggregate amount of loaned water rights during a calendar year does not exceed the total sum of the banked water rights within the statutory water bank; and (vi) how the statutory water bank will resolve complaints regarding the statutory water bank's operations; (i) the process that the statutory water bank will follow if the statutory water bank terminates, dissolves, or if the board revokes the statutory water bank's permission to operate pursuant to this chapter, including how the statutory water bank will return banked water rights to depositors and how the statutory water bank will return any amounts owing to depositors; and (j) a signed declaration or affidavit from at least two governing members of the statutory water bank affirming that: (i) the information submitted is correct; (ii) as a condition for permission to operate, the statutory water bank may not discriminate between the nature of use, depositors, or borrowers; (iii) the statutory water bank shall comply with the conditions of an approved changed application for a banked water right; and (iv) the statutory water bank shall report to the state engineer known violations of approved change applications. (2) The board may prepare a form or online application for an applicant to use in submitting an application to the board under this part.
Utah Code § 73-10-4 — Utah Code / Title 73 / Chapter 73-10 / § 73-10-4
§ 73-10-4. Powers and duties of board.
Status: in_force

7/1/2026 (1) The board shall have the following powers and duties to: (a) authorize studies, investigations, and plans for the full development, use, and promotion of the water and power resources of the state, including preliminary surveys, stream gauging, examinations, tests, and other estimates either separately or in consultation with federal, state and other agencies; (b) enter into contracts subject to the provisions of this chapter for the construction or purchase of a project that in the opinion of the board will conserve and use for the best advantage of the people of this state the water and power resources of the state, including projects beyond the boundaries of the state of Utah located on interstate waters when the benefit of such projects accrues to the citizens of the state; (c) sue and be sued in accordance with applicable law; (d) enter into a contract that the Utah water agent, appointed under Section 73-10g-702, recommends for a water augmentation project under Section 73-10g-703; (e) cooperate with the Utah water agent, appointed under Section 73-10g-702, in matters affecting interstate compact negotiations and the administration of the compacts affecting the waters of interstate rivers, lakes and other sources of supply, with the exception of: (i) the waters of the Colorado River system that are governed by Title 73, Chapter 35, Colorado River Authority of Utah Act; or (ii) state representation under the Bear River Compact as provided in Section 73-16-4; (f) contract with federal and other agencies and with the National Water Resources Association and to make studies, investigations and recommendations and do all other things on behalf of the state for any purpose that relates to the development, conservation, protection and control of the water and power resources of the state; (g) consult and advise with the Utah Water Users' Association and other organized water users' associations in the state; (h) consider and make recommendations on behalf of the state of reclamation projects or other water development projects for construction by any agency of the state or United States and in so doing recommend the order in which projects shall be undertaken; or (i) review, approve, and revoke an application to create a water bank under Chapter 31, Water Banking Act, collect an annual report, maintain the water banking website, and conduct any other function related to a water bank as described in Chapter 31, Water Banking Act. (2) Nothing contained in this section shall be construed to impair or otherwise interfere with the authority of the state engineer granted by this title, except as specifically otherwise provided in this section.7/1/2026 (1) The board shall have the following powers and duties to: (a) authorize studies, investigations, and plans for the full development, use, and promotion of the water and power resources of the state, including preliminary surveys, stream gauging, examinations, tests, and other estimates either separately or in consultation with federal, state and other agencies; (b) enter into contracts subject to the provisions of this chapter for the construction or purchase of a project that in the opinion of the board will conserve and use for the best advantage of the people of this state the water and power resources of the state, including projects beyond the boundaries of the state of Utah located on interstate waters when the benefit of such projects accrues to the citizens of the state; (c) sue and be sued in accordance with applicable law; (d) enter into a contract that the Utah water agent, appointed under Section 73-10g-702, recommends for a water augmentation project under Section 73-10g-703; (e) cooperate with the Utah water agent, appointed under Section 73-10g-702, in matters affecting interstate compact negotiations and the administration of the compacts affecting the waters of interstate rivers, lakes and other sources of supply, with the exception of: (i) the waters of the Colorado River system that are governed by Title 73, Chapter 35, Colorado River Authority of Utah Act; or (ii) state representation under the Bear River Compact as provided in Section 73-16-4; (f) contract with federal and other agencies and with the National Water Resources Association and to make studies, investigations and recommendations and do all other things on behalf of the state for any purpose that relates to the development, conservation, protection and control of the water and power resources of the state; (g) consult and advise with the Utah Water Users' Association and other organized water users' associations in the state; (h) consider and make recommendations on behalf of the state of reclamation projects or other water development projects for construction by any agency of the state or United States and in so doing recommend the order in which projects shall be undertaken; or (i) review, approve, and revoke an application to create a water bank under Chapter 31, Water Banking Act, collect an annual report, maintain the water banking website, and conduct any other function related to a water bank as described in Chapter 31, Water Banking Act. (2) Nothing contained in this section shall be construed to impair or otherwise interfere with the authority of the state engineer granted by this title, except as specifically otherwise provided in this section.
Utah Code § 73-3c-401 — Utah Code / Title 73 / Chapter 73-3c / § 73-3c-401
§ 73-3c-401. Priority of reuse water.
Status: in_force

If the use of reuse water is consistent with the underlying water right, the priority of the reuse water is the same as the priority of the underlying water right.
Utah Code § 73-10e-3 — Utah Code / Title 73 / Chapter 73-10e / § 73-10e-3
§ 73-10e-3. Requirement to provide engineering studies.
Status: in_force

Local government entities in which the projects described in Subsection 73-10e-1(4)(c)(i)(A) and Subsection 73-10e-1(4)(d) are located, shall immediately make all engineering studies which may be useful for the final design and construction of the projects, available to the state at no cost to the state.
Utah Code § 73-1-12 — Utah Code / Title 73 / Chapter 73-1 / § 73-1-12
§ 73-1-12. Failure to record -- Effect.
Status: in_force

Every deed of a water right which shall not be recorded as provided in this title shall be void as against any subsequent purchaser, in good faith and for a valuable consideration, of the same water right, or any portion thereof, where the subsequent purchaser's deed shall be first duly recorded.
Utah Code § 73-10g-304 — Utah Code / Title 73 / Chapter 73-10g / § 73-10g-304
§ 73-10g-304. Utah Watersheds Council -- Creation and governance.
Status: in_force

(1) Within the Department of Natural Resources, there is created the "Utah Watersheds Council" consisting of the following members who are residents of the state: (a) the executive director of the Department of Natural Resources; (b) the executive director of the Department of Environmental Quality; (c) the commissioner of the Department of Agriculture and Food; (d) the director of the Utah Division of Indian Affairs; (e) the Utah State University Extension vice president; (f) the director of the Division of Emergency Management within the Department of Public Safety; (g) a representative designated by the Utah Association of Counties; (h) a representative designated by the Utah League of Cities and Towns; (i) a representative designated by the Utah Association of Special Districts; (j) a representative of reclamation projects located in the state selected by the governor from a list of three persons nominated jointly by the local sponsors of reclamation projects located in the state and the executive director of the Department of Natural Resources; (k) a representative of agricultural interests selected by the governor from a list of three persons nominated jointly by the commissioner of the Department of Agriculture and Food, the president of the Utah Farm Bureau, and the Utah State University Extension vice president; (l) a representative of environmental conservation interests selected by the governor from a list of three persons nominated jointly by the executive directors of the Department of Environmental Quality and Department of Natural Resources; (m) a representative of business and industry water interests selected by the governor from a list of three individuals nominated jointly by the Utah Manufacturers Association, Utah Mining Association, and Utah Petroleum Association; (n) an attorney who is authorized to practice law in the state, who has recognized expertise in water law, and is selected by the governor from a list of three individuals nominated jointly by the executive director of the Department of Natural Resources, the executive director of the Department of Environmental Quality, and the commissioner of the Department of Agriculture and Food; (o) the state engineer, as a nonvoting member; (p) the director of the division, as a nonvoting member; and (q) the designated individual selected by a local council certified under Section 73-10g-306. (2) (a) The state council shall: (i) organize the state council as provided in this part; (ii) select a chair and at least one vice-chair from among the members of the state council to have powers and duties provided in the organizing documents adopted by the state council; and (iii) adopt policies to govern the state council's activities, including policies for the creation of subcommittees that may be less than a quorum of the state council and may include persons of suitable expertise who are not state council members. (b) The state council shall make the organizing documents and policies created under Subsection (2)(a) available: (i) to the public; (ii) at each meeting of the state council; and (iii) on a public website maintained by the division for council business. (3) The state council may invite federal agencies to name representatives as liaisons to the state council. (4) The state council shall stagger the initial terms of the state council members listed in Subsections (1)(g) through (n), after which members will be replaced according to policies adopted by the state council. (5) After the state council's initial organization, the state council may hold regular and special meetings at such locations within the state and on a schedule as the state council determines, provided that the state council shall meet at least semi-annually. (6) A majority of the voting members of the state council constitutes a quorum. (7) The action of the majority of the voting members of the state council constitutes the action of the state council. (8) (a) The state council policies may allow that a properly authorized representative of a voting member of the state council may act in the place of that voting member if the voting member is absent or unable to act. (b) The state council shall enter in the record of a meeting proper documentation of a representative's authority to act on behalf of the voting member under this Subsection (8). (c) Authorization to act on behalf of a voting member may be given for more than one meeting. (d) Authorization to act on behalf of a voting member shall comply with the policies adopted by the state council. (9) (a) The division shall staff the state council. (b) The division may make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to facilitate the creation and operation of the state council.
Utah Code § 73-5a-501 — Utah Code / Title 73 / Chapter 73-5a / § 73-5a-501
§ 73-5a-501. State engineer to inspect dams.
Status: in_force

(1) The state engineer shall inspect each dam that in the state engineer's opinion, if it failed: (a) poses a threat to human life; or (b) could cause significant property damage. (2) An inspection required by Subsection (1) shall occur: (a) at increments commensurate with the relative risk to life and property; and (b) not less than once every five years. (3) The state engineer may inspect a dam that is not exempt from regulation by this chapter.
Utah Code § 73-31-204 — Utah Code / Title 73 / Chapter 73-31 / § 73-31-204
§ 73-31-204. Public meeting -- Comments.
Status: in_force

(1) On the date indicated in the notice posted under Subsection 73-31-203(3), the board shall hold a public meeting to: (a) inform water users within the service area of the proposed statutory water bank; and (b) receive comments from water users regarding the application. (2) The board shall accept public comments for a period of time no less than 30 days after the adjournment of the public meeting. (3) The board shall review public comments when reviewing the proposed statutory water bank's application, but submitting a comment does not create a right of appeal of the board's decision under Title 63G, Chapter 4, Administrative Procedures Act, nor is the board required to address how or whether public comments impacted the board's decision. (4) A statutory water bank may review public comments and comments from the board before a final decision is made by the board. If the statutory water bank desires to make changes to the statutory water bank's application, the statutory water bank may notify the board in writing before the board takes action on the application that the statutory water bank will submit a revised application following the same process that governs the filing and review of the original application for a statutory water bank under this chapter.
Utah Code § 73-10-15 — Utah Code / Title 73 / Chapter 73-10 / § 73-10-15
§ 73-10-15. State water plan -- Entities to cooperate in formulation of plan.
Status: in_force

(1) As used in this section: (a) "Division" means the Division of Water Resources created under Section 73-10-18. (b) "State water plan" means a comprehensive framework that identifies available water resources, recommends strategies for water resource optimization, and guides efforts to manage available water supplies. (2) (a) Beginning on or before December 31, 2026, the division shall publish a state water plan that: (i) is consistent with the state water policy established in Section 73-1-21; (ii) references the state unified water infrastructure plan created by the Water Development Coordinating Council under Section 73-10g-602; (iii) fosters communities and businesses; (iv) facilitates local agriculture; (v) addresses outdoor recreation; and (vi) provides for a healthy environment. (b) The state water plan may include recommendations for policy, fiscal support, implementation of findings by governmental and private institutions, and public engagement. (c) In formulating the state water plan, the division shall seek input from a wide range of stakeholders, including representatives from agriculture and other water dependent businesses, conservationists, recreation interests, government entities, academia, and Utah residents in general. (d) The division shall update the state water plan no less frequently than every ten years. (3) The following shall cooperate with the division in the formulation of the state water plan: (a) the following state entities: (i) the Governor's Office of Planning and Budget; (ii) the Department of Agriculture and Food; (iii) within the Department of Natural Resources: (A) the Division of Water Rights; (B) the Utah Geological Survey; (C) the Division of Wildlife Resources; (D) the Division of Forestry, Fire, and State Lands; and (E) the Public Lands Policy Coordinating Office; (iv) within the Department of Environmental Quality: (A) the Division of Drinking Water; and (B) the Division of Water Quality; (v) the Office of the Great Salt Lake Commissioner; and (vi) the Colorado River Authority of Utah; (b) the following local entities: (i) a water conservancy district created under Title 17B, Chapter 2a, Part 10, Water Conservancy District Act; and (ii) a local watershed council created under Chapter 10g, Part 3, Watershed Councils Act; and (c) any other state or local entity that the division considers necessary. (4) A state entity identified in Subsection (3)(a) shall designate an individual to assist and advise the division in the formulation of a state water plan. (5) The division shall use information, including water resources data, that has been or will be assembled by state entities, the United States government, various colleges and universities of the state, or any other source that can profitably contribute to the development of the state water plan. (6) In accordance with this section, an entity described in Subsection (3) shall cooperate with the division unless the cooperation would directly impair the authority granted to the entity by statute. (7) The Utah Watersheds Council shall advise the division concerning state water planning activities.
Utah Code § 73-10-29 — Utah Code / Title 73 / Chapter 73-10 / § 73-10-29
§ 73-10-29. Additional amounts allocated -- Repayment.
Status: in_force

The board, in addition to the amount allocated to a project to cover the actual cost of construction, may allocate to the project constructed by it, under contract or otherwise, such amounts as may be determined by it for investigating, engineering, inspection, and other expenses, and may provide for the repayment of the same out of the first money repayable from the project under the contract for its construction, and such money so repaid shall be accounted for within the Water Resources Construction Fund, to be used by the board for the purpose of making investigations for the development of the water resources of the state.
Utah Code § 73-3-15 — Utah Code / Title 73 / Chapter 73-3 / § 73-3-15
§ 73-3-15. Dismissal of action for review of informal adjudicative proceedings.
Status: in_force

(1) An action to review a decision of the state engineer from an informal adjudicative proceeding may be dismissed upon the application of any of the parties upon the grounds provided in Utah Rules of Civil Procedure, Rule 41 for: (a) the dismissal of actions generally; and (b) failure to prosecute the action with diligence. (2) For the purpose of this section, failure to prosecute a suit to trial within two years after it is filed gives rise to a rebuttable presumption of a lack of diligence. (3) In evaluating the rebuttable presumption, the court shall consider the totality of the circumstances.
Utah Code § 73-10g-607 — Utah Code / Title 73 / Chapter 73-10g / § 73-10g-607
§ 73-10g-607. Fee schedule -- Approval of fee schedule -- Exemption -- Report -- Monitoring of fees.
Status: in_force

7/1/2026 (1) (a) Subject to Subsection (2), the state council may establish a fee schedule for public water systems for water service and delivery in the state. (b) To create a fee schedule for public water systems, the state council shall use the findings from the review described in Section 73-10-39. (2) The state council may not charge or collect a fee described in Subsection (1) without approval of the fee schedule by the Legislature in accordance with Section 63J-1-504. (3) Agricultural water is exempt from a fee established under Subsection (1). (4) Subject to Subsection (2), a public water system shall submit payment of the fee established in Subsection (1) into the Water Infrastructure Fund created in Section 73-10g-107: (a) in accordance with a schedule provided by the state council; and (b) using a form provided by the state council. (5) On or before October 31, 2026, the state council shall report to the Natural Resources, Agriculture, and Environment Interim Committee regarding the development of the fee schedule described in Subsection (1). (6) The Office of the Legislative Fiscal Analyst shall monitor any fees collected under this section.
Utah Code § 73-28-404 — Utah Code / Title 73 / Chapter 73-28 / § 73-28-404
§ 73-28-404. Repayments returned to Water Resources Conservation and Development Fund -- Establishment of an enterprise fund.
Status: in_force

(1) The board shall deposit, in accordance with Section 51-4-1, into the Water Resources Conservation and Development Fund: (a) repayments of preconstruction and construction costs; and (b) the interest charged. (2) (a) There is created an enterprise fund, as defined in Subsection 51-5-4(8), entitled the "Lake Powell Pipeline Project Operation and Maintenance Fund." (b) The fund consists of: (i) revenues received from the sale of developed water that is designated for project operation, maintenance, repair, and replacement costs; (ii) revenues received from the sale of electricity that are deposited in the fund in accordance with Subsection 73-28-203(3); and (iii) all interest earned by the fund. (3) Notwithstanding Section 63J-1-211, the Legislature may not appropriate any money from the Lake Powell Pipeline Project Operation and Maintenance Fund. (4) The state treasurer shall: (a) invest the money in the enterprise fund by following the procedures and requirements of Title 51, Chapter 7, State Money Management Act; and (b) deposit all interest or other earnings derived from those investments into the Lake Powell Pipeline Operation and Maintenance Fund. (5) The committee shall approve the expenditure of fund money to cover the project operation, maintenance, repair, and replacement costs, subject to: (a) money available in the fund; and (b) rules established by the board under Subsection 73-28-104(2). (6) If title to the project is transferred under Section 73-28-405, the agreement shall direct the disposition of the money remaining in the fund.
Utah Code § 73-5-18 — Utah Code / Title 73 / Chapter 73-5 / § 73-5-18
§ 73-5-18. Sub-basin livestock watering claims.
Status: in_force

(1) As used in this section: (a) "Large pond" means a pond for livestock watering that is larger than a small pond. (b) "Livestock" means a domestic animal raised or kept for profit or personal use. (c) "Small pond" means a pond for livestock watering that has a volume equal to or less than two acre feet. (d) "Sub-basin livestock watering claim" means a water right recognized to be used to water livestock from existing surface water sources in a geographically defined sub-drainage boundary approved by the state engineer. (e) "Water right holder" means a person who holds the right to use water: (i) (A) evidenced by a means identified in Section 73-1-10; or (B) under an approved application to appropriate or for a change of use of water; (ii) for livestock to consume: (A) directly from the water source; or (B) from an impoundment into which the water is diverted; and (iii) including the associated uses of the water related to the raising and care of livestock. (2) (a) A person may submit a sub-basin livestock watering claim by filing: (i) a diligence claim under Section 73-5-13; (ii) a corrected diligence claim under Section 73-5-13; (iii) a change application under Sections 73-3-3 and 73-3-8; or (iv) a statement of claim under Section 73-4-5. (b) In addition to being subject to the requirements related to a claim or change application described in Subsection (2)(a), a person filing a sub-basin livestock watering claim shall: (i) identify the boundary of the sub-basin that: (A) consists of a sub-drainage area; and (B) is limited in size so as to not impair an existing water right; (ii) file a map depicting the sub-basin described in Subsection (2)(b)(i); and (iii) obtain the state engineer's approval of the boundary identified under Subsection (2)(b)(i). (c) Requirements related to a claim or change application described in Subsection (2)(a) may include: (i) advertising under Section 73-3-6; (ii) filing of protests under Section 73-3-7; (iii) proof of beneficial use; (iv) requirements related to nonuse and forfeiture under 73-1-4; and (v) other requirements imposed by statute or rule. (3) (a) A person may base a sub-basin livestock watering claim only: (i) for private land owned by the person or public land for which the person has a grazing permit; and (ii) on historically documented livestock watering rights when the water use is initiated before and continues consistently since the enactment of the state water law governing the use. (b) The state engineer may not authorize a sub-basin livestock watering claim without the written consent of the beneficial user. (c) A person may not claim a proposed beneficial use level under this Subsection (3) that exceeds the historical use by the water right holder within the sub-basin livestock watering claim. A sub-basin livestock watering claim may not increase the water right holder's beneficial use. (d) A water right holder is responsible to limit the depletion of water, through livestock watering or pond evaporation, to the depletion limit established in the sub-basin livestock watering claim. (4) A water right holder may not move water from one sub-basin to another sub-basin if moving the water would impair another person's water right. (5) Except for a well or large pond: (a) a sub-basin livestock watering claim includes the use of water from any surface water source within the sub-drainage area as a point of diversion for the water right; and (b) a water right holder may, but is not required to, specifically identify individual points of diversion within the sub-drainage area. (6) (a) Within a sub-basin livestock watering claim area, a water right holder: (i) may construct a small pond without filing a change application; and (ii) may construct a large pond only after a change application is approved. (b) A large pond shall meet applicable dam safety requirements for obtaining a dam permit. (c) A person may not construct a pond, regardless of size, in an area not covered by a sub-basin livestock watering claim without receiving approval of a change application.
Utah Code § 73-3b-203 — Utah Code / Title 73 / Chapter 73-3b / § 73-3b-203
§ 73-3b-203. Proof of completion, certification, or lapse of recharge permit.
Status: in_force

(1) Sixty days before the date on which the recharge permit will lapse under Subsection (3), the state engineer shall notify the applicant by mail, or send notice electronically if receipt is verifiable, when proof of completion is due. (2) (a) Before the date on which the recharge permit will lapse under Subsection (3), the applicant shall file proof of completion with the state engineer on a form furnished by the state engineer, which shall include: (i) the location and description of the recharge works constructed; (ii) the water source for the water artificially recharged and where the water is delivered for artificial recharge; (iii) the quantity of water, in acre-feet, the flow in second-feet, or both, diverted from the water source described in Subsection (2)(a)(ii); (iv) the method of artificially recharging the water; and (v) any other information the state engineer requires. (b) The state engineer may waive the filing of a map, a profile, or drawing if in the state engineer's opinion the written proof of completion adequately describes the construction and the nature and extent of the recharge project. (c) The completed proof shall conform to a rule established by the state engineer. (3) A recharge permit will lapse if the proof of completion of the recharge project's construction is not submitted to the state engineer within five years from the date of the permit application's approval, unless: (a) the applicant requests an extension of time to complete the recharge project's construction; and (b) the state engineer approves the extension of time. (4) (a) The state engineer shall issue a recharge certificate if the recharge permittee has demonstrated to the state engineer's satisfaction that: (i) a recharge project is perfected in accordance with the recharge permit; and (ii) the water is being artificially recharged. (b) The recharge certificate shall include: (i) the name and post office address of the recharge permittee; (ii) the maximum quantity of water, in acre-feet or the flow in second-feet, that may be recharged; (iii) the name of the water source from which the water to be artificially recharged is diverted; and (iv) other information that defines the extent and conditions of the recharge permit. (c) A recharge certificate issued for a recharge permit need show no more than the facts shown in the proof of completion. (d) (i) The state engineer shall: (A) retain and file one copy of the recharge certificate; and (B) deliver one copy of the recharge certificate to the recharge permittee. (ii) A recharge permittee shall file the recharge certificate with the county recorder of the county in which the water is recharged. (e) The recharge certificate issued and filed under this section is prima facie evidence of the permittee's right to the artificially recharged water for the purpose, at the place, and during the time specified in the recharge certificate.
Utah Code § 73-10g-103 — Utah Code / Title 73 / Chapter 73-10g / § 73-10g-103
§ 73-10g-103. Creation of the Water Infrastructure Restricted Account.
Status: in_force

(1) (a) There is created a restricted account in the General Fund known as the "Water Infrastructure Restricted Account." (b) The restricted account shall earn interest. (2) The restricted account consists of money generated from the following sources: (a) voluntary contributions made to the division for the construction, operation, or maintenance of state water projects; (b) appropriations made to the restricted account by the Legislature; (c) interest earned on the restricted account; and (d) money transferred to the restricted account under Section 73-10-25. (3) Subject to appropriation, the division and the board shall manage the restricted account created in Subsection (1) in accordance with this chapter.
Utah Code § 73-10g-106 — Utah Code / Title 73 / Chapter 73-10g / § 73-10g-106
§ 73-10g-106. Requirement for repayment.
Status: in_force

(1) Any money utilized to construct water infrastructure to develop the state's share of the Bear and Colorado Rivers are subject to the repayment provisions of Title 73, Chapter 26, Bear River Development Act, and Chapter 28, Lake Powell Pipeline Development Act. (2) Any money utilized for the repair, replacement, or improvement of federal water infrastructure projects when federal funds are not available shall be repaid pursuant to the terms and conditions established by the division and the board by rule under Section 73-10g-105.
Utah Code § 73-1-18 — Utah Code / Title 73 / Chapter 73-1 / § 73-1-18
§ 73-1-18. Bonds issued -- Interest -- Lien.
Status: in_force

The money so borrowed shall be evidenced by the bond or bonds or other obligations of the irrigation companies, drainage districts, or irrigation districts borrowing the same and shall constitute and be secured by a first lien on the water rights, canal rights and all assets of the irrigation companies, and on all lands within the exterior boundaries of drainage districts, and on all lands and/or water allotted to lands within the exterior boundaries of the irrigation districts, and shall bear such rate of interest and mature at such time or times as the contracting parties may agree upon.
Utah Code § 73-27-103 — Utah Code / Title 73 / Chapter 73-27 / § 73-27-103
§ 73-27-103. Duties and powers of commission.
Status: in_force

(1) The commission shall consider and make recommendations to the Legislature and governor on the following issues: (a) how the water needs of the state's growing agricultural, municipal, and industrial sectors will be met; (b) what the impact of federal regulations and legislation will be on the ability of the state to manage and develop its compacted water rights; (c) how the state will fund water projects; (d) whether the state should become an owner and operator of water projects; (e) how the state will encourage the implementation of water conservation programs; and (f) other water issues of statewide importance. (2) The commission shall consult with the Division of Water Resources and the Board of Water Resources regarding: (a) recommendations for rules, criteria, targets, processes, and plans described in Subsection 73-10g-105(3); and (b) the scope of any request for proposals that may be issued by the Division of Water Resources and Board of Water Resources to assist in creating the rules, criteria, targets, processes, and plans described in Subsection 73-10g-105(3) . (3) The commission shall support community efforts to develop a unified, state water strategy to promote water conservation and efficiency that: (a) is consistent with Section 73-1-21; (b) is created with the aid of stakeholders including water conservancy districts created under Title 17B, Chapter 2a, Part 10, Water Conservancy District Act; (c) includes model ordinances or policies consistent with the unified, statewide water strategy that may be adopted by political subdivisions; and (d) respects different needs of different political subdivisions or geographic regions of the state. (4) The commission may: (a) form one or more working groups from the membership of the commission to consider and study the issues described in this section; (b) meet up to six times per calendar year without approval from the Legislative Management Committee; and (c) open one or more committee bill files that relate to the commission's duties under this section.
Utah Code § 73-5a-701 — Utah Code / Title 73 / Chapter 73-5a / § 73-5a-701
§ 73-5a-701. Notice of violation -- Order for corrective action.
Status: in_force

(1) If the state engineer determines that any person is violating any requirement of this chapter or the rules adopted under this chapter, the state engineer shall serve written notice upon the alleged violator which: (a) specifies the violation; and (b) alleges the facts constituting the violation. (2) After serving notice as required in Subsection (1), the state engineer may issue an order for necessary corrective action and file an action in the appropriate district court.
Utah Code § 73-10-37 — Utah Code / Title 73 / Chapter 73-10 / § 73-10-37
§ 73-10-37. Incentives to use water efficient landscaping.
Status: in_force

(1) As used in this section: (a) "District" means a water conservancy district, as that term is defined in Section 73-10-32. (b) "Division" means the Division of Water Resources. (c) "Landscaping conversion incentive program" means a program administered by a district that pays an owner a financial incentive to remove lawn or turf from a project area on land owned by the owner. (d) (i) Except as provided in Subsection (1)(d)(ii), "lawn or turf" means nonagricultural land planted in closely mowed, managed grasses. (ii) "Lawn or turf" does not include a golf course, park, athletic field, or sod farm. (e) "Owner" means an owner of private or public land where a water end user is located. (f) "Program guidelines" means guidelines adopted by a district for the district's landscaping conversion incentive program. (g) "Project area" means the area from which lawn or turf is removed and replaced with water efficient landscaping. (h) "Water end user" means a person who enters into a water contract to obtain water from a retail water provider for residential, commercial, industrial, or institutional use. (2) The division may: (a) award a grant under Subsection (3) to a district to fund financial incentives provided through a landscaping conversion incentive program administered by the district; and (b) provide an incentive under Subsection (4) to an owner to remove lawn or turf from a project area on land owned by the owner in an area without a landscaping conversion incentive program. (3) (a) (i) A district may obtain a grant from the division to help fund a financial incentive provided to an owner through a landscaping conversion incentive program administered by the district. (ii) Both the award and use of a grant under this Subsection (3) are subject to Subsections (3)(b), (c), and (d). (b) To obtain a grant, a district shall: (i) initiate and operate a landscaping conversion incentive program; (ii) limit the disbursement of grant money in the district's landscaping conversion incentive program to owners that satisfy the minimum requirements of Subsection (4)(c) and: (A) rules made by the division under Subsection (5)(b); or (B) program guidelines approved by the division under Subsection (3)(f); (iii) use the grant exclusively to fund financial incentives provided to owners that remove lawn or turf from a project area in the district's landscaping conversion incentive program; (iv) provide an equal amount or more of matching funds for the district's landscaping conversion incentive program from sources other than the grant money the district receives under this section; (v) file an application with the division that: (A) describes the district's landscaping conversion incentive program, including verification that the program can and shall implement the minimum requirements of Subsection (4)(c) and either rules made by the division under Subsection (5)(b) or program guidelines approved by the division under Subsection (3)(f); (B) includes a copy of the program guidelines governing the district's landscaping conversion incentive program; (C) if the district wants to be subject to program guidelines in lieu of division rules made under Subsection (5)(b), requests that the division approve the district's program guidelines under Subsection (3)(f); and (D) provides additional information requested by the division; and (vi) enter into a contract with the division that requires the district to: (A) verify that participants comply and landscaping conversion projects proposed, undertaken, and completed by participants under the district's landscaping conversion incentive program satisfy the requirements in this Subsection (3) and any contract before using grant money for a financial incentive; (B) agree not to use grant money for a financial incentive in any landscaping conversion project that fails to satisfy the requirements of this Subsection (3) and either rules made by the division or program guidelines approved by the division under Subsection (3)(f); (C) submit to the division quarterly reports on funding status; and (D) prepare and submit an annual accounting to the division on the use of grant money for financial incentives in the district's landscaping conversion incentive program. (c) (i) Upon expenditure of 70% of the grant money awarded to a district and an accounting on the use of that grant money, a district may apply for additional grant money in accordance with Subsection (3)(b). (ii) The division may award a district an additional grant based on: (A) the availability of grant money; (B) the priority or importance of the grant proposal in relation to availability of grant money, the division's landscaping conversion incentive program under this Subsection (3), other landscaping conversion incentive program grant requests, and regional needs and goals; (C) the effectiveness of the district's landscaping conversion incentive program in incentivizing owners to convert lawn or turf to water efficient landscaping; (D) the district's previous compliance with this Subsection (3) and contract terms and conditions; and (E) any matter bearing on the district's ability to responsibly handle and disperse grant money consistent with this Subsection (3) and contract terms and conditions. (d) A district awarded grant money under this Subsection (3) may not use grant money to pay an incentive that exceeds the maximum amounts established by the division by rule under Subsection (5)(c). (e) Nothing in this section prohibits a district from expending non-grant money, including matching money, under the district's landscaping conversion incentive program to: (i) assist an owner that does not satisfy Subsection (4)(c); or (ii) provide an incentive that exceeds a maximum amount established by the division for grant money under Subsection (3)(d). (f) The division may approve a request from a district under Subsection (3)(b)(v)(C) to use program guidelines in lieu of rules made by the division under Subsection (5)(b) if the division determines that the district's program guidelines will: (i) result in at least as much water use savings as rules made under Subsection (5)(b); and (ii) accomplish the same objectives as rules made under Subsection (5)(b). (4) (a) In an area without an existing landscaping conversion incentive program, the division may provide an incentive to an owner to remove lawn or turf from land owned by the owner and replace the lawn or turf with water efficient landscaping. (b) If the division provides an incentive under this Subsection (4), the division shall provide the incentive in the order that an application for the incentive is filed. The division may terminate an application if the division determines that the owner has not completed the project within 12 months of the date on which the owner files the application for the incentive. (c) To be eligible for an incentive under this Subsection (4): (i) the owner shall at the time the owner applies for the incentive: (A) have living lawn or turf, as determined by the entity providing the incentive, on the land owned by the owner that the owner intends to replace with water efficient landscaping; and (B) participate voluntarily in the removal of the lawn or turf in that the removal is not required by governmental code or policy; (ii) the property where the project area is located, is located within: (A) a municipality that implements regional-based water use efficiency standards established by the division under Subsection (5)(d); or (B) an unincorporated area of a county that implements regional-based water use efficiency standards established by the division under Subsection (5)(d); and (iii) the owner shall agree to: (A) maintain water efficient landscaping and a drip irrigation system installed in the project area and not reinstall lawn or turf or overhead spray irrigation in the project area after receipt of a payment under this section to incentivize conversion of lawn or turf to water efficient landscaping; or (B) return to the division or to a district the payments received for removal of lawn or turf from the project area. (d) An owner may not receive an incentive under this section if the owner has previously received an incentive under this section for the same project area. (e) An owner may not receive an incentive under this Subsection (4) in an amount that exceeds: (i) the maximum amount established by the division in rule, as provided in Subsection (5) for each square foot of lawn or turf converted to water efficient landscaping; or (ii) the maximum aggregate amount established by the division in rule as provided in Subsection (5). (5) The division shall make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act: (a) establishing the process by which: (i) a district obtains a grant under Subsection (3); or (ii) an owner obtains an incentive under Subsection (4); (b) defining what constitutes water efficient landscaping, including what irrigation is used after conversion to water efficient landscaping; (c) establishing for funding under this section, the maximum incentive from grant money allowable for each square foot of lawn or turf converted to water efficient landscaping or a maximum aggregate amount; and (d) establishing for purposes of this section regional-based water use efficiency standards designed to reduce water consumption and conserve culinary and secondary water supplies. (6) This section does not prohibit a municipality or county from adopting landscaping standards that would result in greater water efficiency than provided by division rule made under Subsection (5) if the standards do not conflict with this section or division rules. (7) The division shall maintain a public website that, at a minimum, provides the status of a municipal or county ordinance, resolution, or policy that implements regional-based water use efficiency standards as described in Subsection (4)(c)(ii).
Utah Code § 73-10f-1 — Utah Code / Title 73 / Chapter 73-10f / § 73-10f-1
§ 73-10f-1. Definitions.
Status: in_force

As used in this chapter: (1) "Division" means the Division of Water Resources. (2) "Task force" means the Joint Gubernatorial/Legislative Task Force on the Bear River created in Laws of Utah 1989, Chapter 158.
Utah Code § 73-4-2 — Utah Code / Title 73 / Chapter 73-4 / § 73-4-2
§ 73-4-2. Interstate streams.
Status: in_force

For the purpose of co-operating with the state engineers of adjoining states in the determination and administration of rights to interstate waters and for such other purposes as the state engineer may deem expedient, the state engineer, with the approval of the executive director and the governor, is authorized to initiate and to join in suits for the adjudication of such rights in the federal courts and in the courts of other states without requiring a petition of water users as provided by Section 73-4-1. The state engineer, with the approval of the executive director and the governor, may also commence, prosecute and defend suits to adjudicate interstate waters on behalf of this state or its citizens in the courts of other states, in federal courts, and in the Supreme Court of the United States.
Utah Code § 73-2-1 — Utah Code / Title 73 / Chapter 73-2 / § 73-2-1
§ 73-2-1. State engineer -- Term -- Powers and duties -- Qualification for duties.
Status: in_force

(1) There shall be a state engineer. (2) The state engineer shall: (a) be appointed by the governor with the advice and consent of the Senate; (b) hold office for the term of four years and until a successor is appointed; and (c) have five years experience as a practical engineer or the theoretical knowledge, practical experience, and skill necessary for the position. (3) (a) The state engineer shall be responsible for the general administrative supervision of the waters of the state and the measurement, appropriation, apportionment, and distribution of those waters. (b) The state engineer may secure the equitable apportionment and distribution of the water according to the respective rights of appropriators. (4) The state engineer shall make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, consistent with the purposes and provisions of this title, regarding: (a) reports of water right conveyances; (b) the construction of water wells and the licensing of water well drillers; (c) dam construction and safety; (d) the alteration of natural streams; (e) geothermal resource conservation; (f) enforcement orders and the imposition of fines and penalties; (g) the duty of water; and (h) standards for written plans of a public water supplier that may be presented as evidence of reasonable future water requirements under Subsection 73-1-4(2)(f). (5) The state engineer may make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, consistent with the purposes and provisions of this title, governing: (a) water distribution systems and water commissioners; (b) water measurement, telemetry, and reporting; (c) groundwater recharge and recovery; (d) wastewater reuse; (e) the form, content, and processing procedure for a claim under Section 73-5-13 to surface or underground water that is not represented by a certificate of appropriation; (f) the form and content of a proof submitted to the state engineer under Section 73-3-16; (g) the determination of water rights; (h) the form and content of applications and related documents, maps, and reports; (i) the administration of saved water, as defined in Section 73-3-3, including: (i) quantifying saved water; (ii) reporting related to saved water; (iii) verifying saved water; (iv) segregating saved water; and (v) the subsequent placement to beneficial use of saved water; or (j) water distribution accounting. (6) The state engineer may bring suit in courts of competent jurisdiction to: (a) enjoin the unlawful appropriation, diversion, and use of surface and underground water without first seeking redress through the administrative process; (b) prevent theft, waste, loss, or pollution of surface and underground waters; (c) enable the state engineer to carry out the duties of the state engineer's office; and (d) enforce administrative orders and collect fines and penalties. (7) The state engineer may: (a) upon request from the board of trustees of an irrigation district under Title 17B, Chapter 2a, Part 5, Irrigation District Act, or another special district under Title 17B, Limited Purpose Local Government Entities - Special Districts, or a special service district under Title 17D, Chapter 1, Special Service District Act, that operates an irrigation water system, cause a water survey to be made of the lands proposed to be annexed to the district in order to determine and allot the maximum amount of water that could be beneficially used on the land, with a separate survey and allotment being made for each 40-acre or smaller tract in separate ownership; and (b) upon completion of the survey and allotment under Subsection (7)(a), file with the district board a return of the survey and report of the allotment. (8) (a) The state engineer may establish water distribution systems and define the water distribution systems' boundaries. (b) The water distribution systems shall be formed in a manner that: (i) secures the best protection to the water claimants; and (ii) is the most economical for the state to supervise. (9) The state engineer may conduct studies of current and novel uses of water in the state. (10) Notwithstanding Subsection (4)(b), the state engineer may not on the basis of the depth of a water production well exempt the water production well from regulation under this title or rules made under this title related to the: (a) drilling, constructing, deepening, repairing, renovating, cleaning, developing, testing, disinfecting, or abandonment of a water production well; or (b) installation or repair of a pump for a water production well.
Utah Code § 73-35-205 — Utah Code / Title 73 / Chapter 73-35 / § 73-35-205
§ 73-35-205. Records.
Status: in_force

7/1/2026 (1) The authority shall maintain a record of the authority and the river commissioner. (2) The authority may classify a record in accordance with Title 63G, Chapter 2, Government Records Access and Management Act, including a record described in Subsection 63G-2-305(81).
Utah Code § 73-12a-2 — Utah Code / Title 73 / Chapter 73-12a / § 73-12a-2
§ 73-12a-2. Text of compact.
Status: in_force

The text of said compact is as follows:COLORADO RIVER COMPACTThe states of Arizona, California, Colorado, Nevada, New Mexico, Utah and Wyoming, having resolved to enter into a compact under the Act of the Congress of the United States of America approved August 19, 1921 (42 Statutes at Large, page 171) and the acts of legislatures of the said states, have through their governors appointed as their commissioners:W. S. Norviel for the state of Arizona,W. F. McClure for the state of California,Delph E. Carpenter for the state of Colorado,J. G. Scrugham for the state of Nevada,Stephen B. Davis, Jr., for the state of New Mexico,R. E. Caldwell for the state of Utah,Frank C. Emerson for the state of Wyoming,who, after negotiations participated in by Herbert Hoover, appointed by the President as the representative of the United States of America, have agreed upon the following articles:ARTICLE IThe major purposes of this compact are to provide for the equitable division and apportionment of the use of the waters of the Colorado River System; to establish the relative importance of different beneficial uses of water; to promote interstate comity; to remove causes of present and future controversies; and to secure the expeditious agricultural and industrial development of the Colorado River Basin, the storage of its waters and the protection of life and property from floods. To these ends the Colorado River Basin is divided into two basins, and an apportionment of the use of part of the water of the Colorado River System is made to each of them with the provision that further equitable apportionment may be made.ARTICLE IIAs used in this compact:(a) The term "Colorado River System" means that portion of the Colorado River and its tributaries within the United States of America.(b) The term "Colorado River Basin" means all of the drainage area of the Colorado River System and all other territory within the United States of America to which the waters of the Colorado River System shall be beneficially applied.(c) The term "States of the Upper Division" means the states of Colorado, New Mexico, Utah and Wyoming.(d) The term "States of the Lower Division" means the states of Arizona, California and Nevada.(e) The term "Lee Ferry" means a point in the main stream of Colorado River one mile below the mouth of the Paria River.(f) The term "Upper Basin" means those parts of the states of Arizona, Colorado, New Mexico, Utah and Wyoming within and from which waters naturally drain into the Colorado River System above Lee Ferry, and also all parts of said states located without the drainage area of the Colorado River System which are now or shall hereafter be beneficially served by waters diverted from the system above Lee Ferry.(g) The term "Lower Basin" means those parts of the states of Arizona, California, Nevada, New Mexico and Utah within and from which waters naturally drain into the Colorado River System below Lee Ferry, and also all parts of said states located without the drainage area of the Colorado River System which are now or shall hereafter be beneficially served by waters diverted from the system below Lee Ferry.(h) The term "domestic use" shall include the use of water for household, stock, municipal, mining, milling, industrial and other like purposes, but shall exclude the generation of electrical power.ARTICLE III(a) There is hereby apportioned from the Colorado River System in perpetuity to the Upper Basin and to the Lower Basin, respectively, the exclusive beneficial consumptive use of 7,500,000 acre-feet of water per annum, which shall include all water necessary for the supply of any right which may now exist.(b) In addition to the apportionment in paragraph (a), the Lower Basin is hereby given the right to increase its beneficial consumptive use of such waters by one million acre feet per annum.(c) If, as a matter of international comity, the United States of America shall hereafter recognize in the United States of Mexico any right to the use of any water of the Colorado River System, such waters shall be supplied first from the waters which are surplus over and above the aggregate of the quantities specified in paragraphs (a) and (b); and if such surplus shall prove insufficient for this purpose, then, the burden of such deficiency shall be equally borne by the Upper Basin and the Lower Basin, and whenever necessary the states of the Upper Division shall deliver at Lee Ferry water to supply one-half of the deficiency so recognized in addition to that provided in paragraph (d).(d) The states of the Upper Division will not cause the flow of the river at Lee Ferry to be depleted below an aggregate of 75,000,000 acre-feet for any period of ten consecutive years reckoned in continuing progressive series beginning with the first day of October next succeeding the ratification of this compact.(e) The states of the Upper Division shall not withhold water, and the states of the Lower Division shall not require the delivery of water, which cannot reasonably be applied to domestic and agricultural uses.(f) Further equitable apportionment of the beneficial uses of the waters of the Colorado River System unapportioned by paragraphs (a), (b) and (c) may be made in the manner provided in paragraph (g) at any time after October first, 1963, if and when either basin shall have reached its total beneficial consumptive use as set out in paragraphs (a) and (b).(g) In the event of a desire for a further apportionment as provided in paragraph (f) any two signatory states, acting through their governors, may give joint notice of such desire to the governors of the other signatory states and to the President of the United States of America, and it shall be the duty of the governors of the signatory states and of the President of the United States of America forthwith to appoint representatives, whose duty it shall be to divide and apportion equitably between the Upper Basin and Lower Basin the beneficial use of the unapportioned water of the Colorado River System as mentioned in paragraph (f), subject to the legislative ratification of the signatory states and the Congress of the United States of America.ARTICLE IV(a) Inasmuch as the Colorado River has ceased to be navigable for commerce and the reservation of its waters for navigation would seriously limit the development of its basin, the use of its waters for purposes of navigation shall be subservient to the uses of such waters for domestic, agricultural and power purposes. If the Congress shall not consent to this paragraph, the other provisions of this compact shall nevertheless remain binding.(b) Subject to the provisions of this compact, water of the Colorado River System may be impounded and used for the generation of electrical power, but such impounding and use shall be subservient to the use and consumption of such water for agricultural and domestic purposes and shall not interfere with or prevent use for such dominant purposes.(c) The provisions of this article shall not apply to or interfere with the regulation and control by any state within its boundaries of the appropriation, use and distribution of water.ARTICLE VThe chief official of each signatory state charged with the administration of water rights, together with the director of the United States Reclamation Service and the director of the United States Geological Survey shall co-operate, ex officio:(a) To promote the systematic determination and co-ordination of the facts as to flow, appropriation, consumption and use of water in the Colorado River Basin, and the interchange of available information in such matters.(b) To secure the ascertainment and publication of the annual flow of the Colorado River at Lee Ferry.(c) To perform such other duties as may be assigned by mutual consent of the signatories from time to time.ARTICLE VIShould any claim or controversy arise between any two or more of the signatory states: (a) with respect to the waters of the Colorado River System not covered by the terms of this compact; (b) over the meaning or performance of any of the terms of this compact; (c) as to the allocation of the burdens incident to the performance of any article of this compact or the delivery of waters as herein provided; (d) as to the construction or operation of works within the Colorado River Basin to be situated in two or more states, or to be constructed in one state for the benefit of another state; or (e) as to the diversion of water in one state for the benefit of another state; the governors of the states affected, upon the request of one of them, shall forthwith appoint commissioners with power to consider and adjust such claim or controversy, subject to ratification by the legislatures of the states so affected.Nothing herein contained shall prevent the adjustment of any such claim or controversy by any present method or by direct future legislative action of the interested states.ARTICLE VIINothing in this compact shall be construed as affecting the obligations of the United States of America to Indian tribes.ARTICLE VIIIPresent perfected rights to the beneficial use of waters of the Colorado River System are unimpaired by this compact. Whenever storage capacity of 5,000,000 acre-feet shall have been provided on the main Colorado River within or for the benefit of the Lower Basin, then claims of such rights, if any, by appropriators or users of water in the Lower Basin against appropriators or users of water in the Upper Basin shall attach to and be satisfied from water that may be stored not in conflict with Article III.All other rights to beneficial use of waters of the Colorado River System shall be satisfied solely from the water apportioned to that basin in which they are situate.ARTICLE IXNothing in this compact shall be construed to limit or prevent any state from instituting or maintaining any action or proceeding, legal or equitable, for the protection of any right under this compact or the enforcement of any of its provisions.ARTICLE XThis compact may be terminated at any time by the unanimous agreement of the signatory states. In the event of such termination all rights established under it shall continue unimpaired. ARTICLE XIThis compact shall become binding and obligatory when it shall have been approved by the legislatures of each of the signatory states and by the Congress of the United States. Notice of approval by the legislatures shall be given by the governor of each signatory state to the governors of the other signatory states and to the President of the United States, and the President of the United States is requested to give notice to the governors of the signatory states of approval by the Congress of the United States.In Witness Whereof, the commissioners have signed this compact in a single original, which shall be deposited in the archives of the Department of State of the United States of America and of which a duly certified copy shall be forwarded to the governor of each of the signatory states.Done at the city of Santa Fe, New Mexico, this twenty-fourth day of November, A.D. one thousand nine hundred and twenty-two.(s) W. S. Norviel.(s) W. F. McClure.(s) Delph E. Carpenter.(s) J. G. Scrugham.(s) Stephen B. Davis, Jr.(s) R. E. Caldwell.(s) Frank C. Emerson.Approved:Herbert Hoover.
Utah Code § 73-10g-601 — Utah Code / Title 73 / Chapter 73-10g / § 73-10g-601
§ 73-10g-601. Definitions.
Status: in_force

As used in this part: (1) "Agency plan" means a water infrastructure plan adopted by a relevant agency. (2) (a) "Agricultural water" means water beneficially used in irrigation under a water right in this state for the production of food, fiber, or fuel, or other agricultural purpose. (b) "Agricultural water" does not include water delivered: (i) to an end user for human consumption and other domestic uses; or (ii) through a secondary water connection. (3) "Executive director" means the executive director of the Department of Natural Resources. (4) "Relevant agency" means: (a) the Division of Water Resources; (b) the Division of Drinking Water; and (c) the Division of Water Quality. (5) "Secondary water connection" means the same as that term is defined in Section 73-10-34. (6) "State council" means the Water Development Coordinating Council created in Sections 73-10c-3 and 79-2-201. (7) "Utah Watersheds Council" means the Utah Watersheds Council created in Section 73-10g-304. (8) "Water infrastructure fund money" means money in: (a) the Water Infrastructure Fund, created by Section 73-10g-107; (b) the Water Quality Security - Utah Wastewater Loan Program Subaccount, created in Section 73-10c-5; (c) the Drinking Water Security - Drinking Water Loan Program Subaccount, created in Section 73-10c-5; (d) the Water Resources Conservation and Development Fund, created in Section 73-10-24; or (e) another fund or account administered by a relevant agency: (i) unless use of the money is restricted by federal law; or (ii) except as provided in Section 73-10g-606.
Utah Code § 73-5a-503 — Utah Code / Title 73 / Chapter 73-5a / § 73-5a-503
§ 73-5a-503. Owners required to perform maintenance -- Orders to protect life and property.
Status: in_force

(1) Following an inspection, the state engineer shall specify what maintenance is necessary to keep the dam and appurtenant structures in satisfactory condition, and the owner of the dam shall be responsible for that maintenance. (2) Depending upon the severity of problems specified under Subsection (1), the state engineer may issue orders for: (a) engineering studies; (b) repairs; (c) storage limitations; (d) removal of the dam; (e) breaching of the dam; or (f) any other remedy the state engineer determines is appropriate to protect life and property.
Utah Code § 73-5-15 — Utah Code / Title 73 / Chapter 73-5 / § 73-5-15
§ 73-5-15. Groundwater management plan.
Status: in_force

(1) As used in this section: (a) "Critical management area" means a groundwater basin in which the groundwater withdrawals consistently exceed the safe yield. (b) "Safe yield" means the amount of groundwater that can be withdrawn from a groundwater basin over a period of time without exceeding the long-term recharge of the basin or unreasonably affecting the basin's physical and chemical integrity. (2) (a) The state engineer may regulate groundwater withdrawals within a specific groundwater basin by adopting a groundwater management plan in accordance with this section for any groundwater basin or aquifer or combination of hydrologically connected groundwater basins or aquifers. (b) The objectives of a groundwater management plan are to: (i) limit groundwater withdrawals to safe yield; (ii) protect the physical integrity of the aquifer; and (iii) protect water quality. (c) The state engineer shall adopt a groundwater management plan for a groundwater basin if more than one-third of the water right owners in the groundwater basin request that the state engineer adopt a groundwater management plan. (3) (a) In developing a groundwater management plan, the state engineer may consider: (i) the hydrology of the groundwater basin; (ii) the physical characteristics of the groundwater basin; (iii) the relationship between surface water and groundwater, including whether the groundwater should be managed in conjunction with hydrologically connected surface waters; (iv) the conjunctive management of water rights to facilitate and coordinate the lease, purchase, or voluntary use of water rights subject to the groundwater management plan; (v) the geographic spacing and location of groundwater withdrawals; (vi) water quality; (vii) local well interference; and (viii) other relevant factors. (b) The state engineer shall base the provisions of a groundwater management plan on the principles of prior appropriation. (c) (i) The state engineer shall use the best available scientific method to determine safe yield. (ii) As hydrologic conditions change or additional information becomes available, safe yield determinations made by the state engineer may be revised by following the procedures listed in Subsection (5). (4) (a) (i) Except as provided in Subsection (4)(b), the withdrawal of water from a groundwater basin shall be limited to the basin's safe yield. (ii) Before limiting withdrawals in a groundwater basin to safe yield, the state engineer shall: (A) determine the groundwater basin's safe yield; and (B) adopt a groundwater management plan for the groundwater basin. (iii) If the state engineer determines that groundwater withdrawals in a groundwater basin exceed the safe yield, the state engineer shall regulate groundwater rights in that groundwater basin based on the priority date of the water rights under the groundwater management plan, unless a voluntary arrangement exists under Subsection (4)(c) that requires a different distribution. (iv) A groundwater management plan shall include a list of each groundwater right in the proposed groundwater management area known to the state engineer identifying the water right holder, the land to which the groundwater right is appurtenant, and any identification number the state engineer uses in the administration of water rights. (b) When adopting a groundwater management plan for a critical management area, the state engineer shall, based on economic and other impacts to an individual water user or a local community caused by the implementation of safe yield limits on withdrawals, allow gradual implementation of the groundwater management plan. (c) (i) In consultation with the state engineer, water users in a groundwater basin may agree to participate in a voluntary arrangement for managing withdrawals at any time, either before or after a determination that groundwater withdrawals exceed the groundwater basin's safe yield. (ii) A voluntary arrangement under Subsection (4)(c)(i) shall be consistent with other law. (iii) The adoption of a voluntary arrangement under this Subsection (4)(c) by less than all of the water users in a groundwater basin does not affect the rights of water users who do not agree to the voluntary arrangement. (5) To adopt a groundwater management plan, the state engineer shall: (a) give notice as specified in Subsection (7) at least 30 days before the first public meeting held in accordance with Subsection (5)(b): (i) that the state engineer proposes to adopt a groundwater management plan; (ii) describing generally the land area proposed to be included in the groundwater management plan; and (iii) stating the location, date, and time of each public meeting to be held in accordance with Subsection (5)(b); (b) hold one or more public meetings in the geographic area proposed to be included within the groundwater management plan to: (i) address the need for a groundwater management plan; (ii) present any data, studies, or reports that the state engineer intends to consider in preparing the groundwater management plan; (iii) address safe yield and any other subject that may be included in the groundwater management plan; (iv) outline the estimated administrative costs, if any, that groundwater users are likely to incur if the plan is adopted; and (v) receive any public comments and other information presented at the public meeting, including comments from any of the entities listed in Subsection (7)(a)(iii); (c) receive and consider written comments concerning the proposed groundwater management plan from any person for a period determined by the state engineer of not less than 60 days after the day on which the notice required by Subsection (5)(a) is given; (d) (i) at least 60 days prior to final adoption of the groundwater management plan, publish notice: (A) that a draft of the groundwater management plan has been proposed; and (B) specifying where a copy of the draft plan may be reviewed; and (ii) promptly provide a copy of the draft plan in printed or electronic form to each of the entities listed in Subsection (7)(a)(iii) that makes written request for a copy; and (e) provide notice of the adoption of the groundwater management plan. (6) A groundwater management plan shall become effective on the date notice of adoption is completed under Subsection (7), or on a later date if specified in the plan. (7) (a) A notice required by this section shall be: (i) published: (A) once a week for two successive weeks in a newspaper of general circulation in each county that encompasses a portion of the land area proposed to be included within the groundwater management plan; and (B) in accordance with Section 45-1-101 for two weeks; (ii) published conspicuously on the state engineer's website; and (iii) mailed to each of the following that has within its boundaries a portion of the land area to be included within the proposed groundwater management plan: (A) county; (B) incorporated city or town; (C) a special district created to acquire or assess a groundwater right under Title 17B, Chapter 1, Provisions Applicable to All Special Districts; (D) improvement district under Title 17B, Chapter 2a, Part 4, Improvement District Act; (E) service area, under Title 17B, Chapter 2a, Part 9, Service Area Act; (F) drainage district, under Title 17B, Chapter 2a, Part 2, Drainage District Act; (G) irrigation district, under Title 17B, Chapter 2a, Part 5, Irrigation District Act; (H) metropolitan water district, under Title 17B, Chapter 2a, Part 6, Metropolitan Water District Act; (I) special service district providing water, sewer, drainage, or flood control services, under Title 17D, Chapter 1, Special Service District Act; (J) water conservancy district, under Title 17B, Chapter 2a, Part 10, Water Conservancy District Act; and (K) conservation district, under Title 17D, Chapter 3, Conservation District Act. (b) A notice required by this section is effective upon substantial compliance with Subsections (7)(a)(i) through (iii). (8) A groundwater management plan may be amended in the same manner as a groundwater management plan may be adopted under this section. (9) The existence of a groundwater management plan does not preclude any otherwise eligible person from filing any application or challenging any decision made by the state engineer within the affected groundwater basin. (10) (a) A person aggrieved by a groundwater management plan may challenge any aspect of the groundwater management plan by filing a complaint within 60 days after the adoption of the groundwater management plan in the district court for any county in which the groundwater basin is found. (b) Notwithstanding Subsection (9), a person may challenge the components of a groundwater management plan only in the manner provided by Subsection (10)(a). (c) An action brought under this Subsection (10) is reviewed de novo by the district court. (d) A person challenging a groundwater management plan under this Subsection (10) shall join the state engineer as a defendant in the action challenging the groundwater management plan. (e) (i) Within 30 days after the day on which a person files an action challenging any aspect of a groundwater management plan under Subsection (10)(a), the person filing the action shall publish notice of the action: (A) in a newspaper of general circulation in the county in which the district court is located; and (B) in accordance with Section 45-1-101 for two weeks. (ii) The notice required by Subsection (10)(e)(i)(A) shall be published once a week for two consecutive weeks. (iii) The notice required by Subsection (10)(e)(i) shall: (A) identify the groundwater management plan the person is challenging; (B) identify the case number assigned by the district court; (C) state that a person affected by the groundwater management plan may petition the district court to intervene in the action challenging the groundwater management plan; and (D) list the address for the clerk of the district court in which the action is filed. (iv) (A) Any person affected by the groundwater management plan may petition to intervene in the action within 60 days after the day on which notice is last published under Subsections (10)(e)(i) and (ii). (B) The district court's treatment of a petition to intervene under this Subsection (10)(e)(iv) is governed by the Utah Rules of Civil Procedure. (11) A groundwater management plan adopted or amended in accordance with this section is exempt from the requirements in Title 63G, Chapter 3, Utah Administrative Rulemaking Act. (12) (a) Except as provided in Subsection (12)(b), recharge and recovery projects permitted under Chapter 3b, Groundwater Recharge and Recovery Act, are exempted from this section. (b) In a critical management area, the artificial recharge of a groundwater basin that uses surface water naturally tributary to the groundwater basin, in accordance with Chapter 3b, Groundwater Recharge and Recovery Act, constitutes a beneficial use of the water under Section 73-1-3 if: (i) the recharge is done during the time the area is designated as a critical management area; (ii) the recharge is done with a valid recharge permit; (iii) the water placed in the aquifer is not recovered under a recovery permit; and (iv) the water placed in the aquifer is used to replenish the groundwater basin. (13) Nothing in this section may be interpreted to require the development, implementation, or consideration of a groundwater 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. (14) A groundwater management plan adopted in accordance with this section may not apply to the dewatering of a mine. (15) (a) A groundwater management plan adopted by the state engineer before May 1, 2006, remains in force and has the same legal effect as it had on the day on which it was adopted by the state engineer. (b) If a groundwater management plan that existed before May 1, 2006, is amended on or after May 1, 2006, the amendment is subject to this section's provisions.
Utah Code § 73-3a-105 — Utah Code / Title 73 / Chapter 73-3a / § 73-3a-105
§ 73-3a-105. Procedures -- Adjudicative proceedings.
Status: in_force

(1) Except where inconsistent with the provisions of this chapter, the procedures to be followed by the state engineer in processing and considering applications filed under this chapter, and the rights and duties of the applicants, are the same as the procedures, rights, and duties specified in Title 73, Chapter 3, Appropriation, relating to appropriations of water or changes in the point of diversion, place of use, or purpose of use of water. (2) Adjudicative proceedings relating to applications made under this chapter shall be conducted in accordance with Title 63G, Chapter 4, Administrative Procedures Act.
Utah Code § 73-4-15 — Utah Code / Title 73 / Chapter 73-4 / § 73-4-15
§ 73-4-15. Judgment after hearing.
Status: in_force

Upon the completion of the hearing, after objections filed, the court shall enter judgment that shall determine and establish the rights to the use of the water of the river system or water source as provided in Section 73-4-12.
Utah Code § 73-3d-302 — Utah Code / Title 73 / Chapter 73-3d / § 73-3d-302
§ 73-3d-302. Emergency planning by a person requesting the declaration of a temporary water shortage emergency.
Status: in_force

A person entitled to make a request seeking a preference under Section 73-3d-301 by requesting that the governor declare a temporary water shortage emergency may exercise a preference under Section 73-3d-301 only if: (1) (a) the person entitled to make a request adopts an emergency response plan before the declaration of a temporary water shortage emergency if the person entitled to make a request is a community water system, as defined in Section 19-4-102, serving a population of more than 3,300; or (b) the governor includes a statement in the executive order that the person entitled to make a request is eligible to exercise a preference under Section 73-3d-301 notwithstanding that the person entitled to make a request who is described in Subsection (1)(a) has not adopted an emergency response plan before the declaration of a temporary water shortage emergency; or (2) the person entitled to make a request is not described in Subsection (1)(a).
Utah Code § 73-18a-11 — Utah Code / Title 73 / Chapter 73-18a / § 73-18a-11
§ 73-18a-11. Regulation by political subdivisions prohibited -- Exception.
Status: in_force

Through the passage of this chapter, the state fully reserves to itself the exclusive right to establish requirements concerning the disposal of human body waste and litter from a vessel. To ensure statewide uniformity of the disposal of litter or human body waste from a vessel, regulation, other than the adoption for local enforcement of state rules, by any political subdivision of the state is prohibited.
Utah Code § 73-10-28 — Utah Code / Title 73 / Chapter 73-10 / § 73-10-28
§ 73-10-28. Charges for use -- Interest.
Status: in_force

(1) As used in this section, "board" means the Board of Water Resources created in Section 73-10-1.5. (2) The board shall establish: (a) a charge for the use of water, power, or a facility based on: (i) a contractual agreement approved by the board for a project owned by the state; and (ii) the ability of an individual project to return the investment to the state; and (b) an interest rate for the money the board lends to finance a project based on: (i) market conditions; (ii) the repayment ability of the project; and (iii) other factors considered relevant by the board.
Utah Code § 73-5a-202 — Utah Code / Title 73 / Chapter 73-5a / § 73-5a-202
§ 73-5a-202. Submission of plans.
Status: in_force

(1) Before a dam is constructed, enlarged, repaired, altered, removed, or abandoned, plans for the work shall be submitted to the state engineer for his approval, unless the dam: (a) impounds less than 20 acre-feet of water; and (b) is not classified as a high hazard structure under Section 73-5a-106. (2) (a) The plans shall be submitted 90 days before: (i) awarding the construction contract; or (ii) the commencement of construction, if the owner constructs the dam. (b) The state engineer may shorten the 90-day review period if the owner and the design engineer submit satisfactory preliminary plans and design reports for review. (3) The state engineer may waive the requirement of plans if it can be demonstrated that failure of the proposed dam: (a) does not constitute a threat to human life; and (b) may result in only minor property damage that would be limited to property held by the owner of the structure.
Utah Code § 73-3-28 — Utah Code / Title 73 / Chapter 73-3 / § 73-3-28
§ 73-3-28. Replacement wells -- Requirements -- State engineer's approval -- Application to drill -- Filing -- Form -- Contents -- Notice -- Fees -- Definition -- Plugging of old well.
Status: in_force

An existing well may be replaced with a replacement well within a radius of 150 feet from the existing well without the filing of a change application under Section 73-3-3, upon approval first having been obtained from the state engineer.Such request for permission to drill a replacement well shall be filed with the state engineer upon a form to be furnished by the state engineer. Such form shall contain, but need not be limited to, the name and post office address of the person, corporation or association making the request. The number of the claim or application filed with the state engineer covering the well which is being replaced, the number of the award if in a decree, the reason for the replacement, the location of the replacement well with reference to the nearest United States land survey corner, and from the old well, and the name of the driller employed by the applicant to do the work.No filing fee shall be required for the filing of such a request for permission to drill a replacement well and the state engineer need give only such notice as, in his judgment, is necessary to protect existing rights and in the event the state engineer shall determine that it is necessary to publish notice the advertising fee shall be paid in advance by the applicant.The term "replacement well" as used herein means a new well drilled for the sole purpose of replacing an existing well which is impaired or made useless by structural difficulties and no new right in the use of water accrues. Upon completion of the new well the old well must be plugged by the applicant in a manner satisfactory to the state engineer.
Utah Code § 73-32-101 — Utah Code / Title 73 / Chapter 73-32 / § 73-32-101
§ 73-32-101. Definitions.
Status: in_force

As used in this chapter: (1) "Account" means the Great Salt Lake Account created in Section 73-32-304. (2) "Agricultural water" means water placed to beneficial use on land in agricultural use as defined under Section 59-2-502. (3) "Commissioner" means the Great Salt Lake commissioner appointed under Section 73-32-201. (4) "Council" means the Great Salt Lake Advisory Council created in Section 73-32-302. (5) "Department" means the Department of Natural Resources. (6) "Executive director" means the executive director of the department. (7) "Office" means the Office of the Great Salt Lake Commissioner created in Section 73-32-301. (8) "State agency" means a department, division, board, council, committee, institution, office, bureau, or other similar administrative unit of the executive branch of state government. (9) "Strategic plan" means the plan prepared by the commissioner under Sections 73-32-202 and 73-32-204.
Utah Code § 73-18-6 — Utah Code / Title 73 / Chapter 73-18 / § 73-18-6
§ 73-18-6. Numbering of motorboats and sailboats required -- Exception.
Status: in_force

(1) Every motorboat and sailboat on the waters of this state shall be numbered. No person shall operate or give permission for the operation of any motorboat or sailboat on the waters of this state unless the motorboat or sailboat is numbered in accordance with: (a) this chapter; (b) applicable federal law; or (c) a federally-approved numbering system of another state, if the owner is a resident of that state and his motorboat or sailboat has not been in this state in excess of 60 days for the calendar year. (2) The number assigned to a motorboat or sailboat in accordance with this chapter, applicable federal law, or a federally-approved numbering system of another state shall be displayed on each side of the bow of the motorboat or sailboat, except this requirement does not apply to any vessel which has a valid marine document issued by the United States Coast Guard. (3) A violation of this section is an infraction.
Utah Code § 73-18a-9 — Utah Code / Title 73 / Chapter 73-18a / § 73-18a-9
§ 73-18a-9. Public educational program.
Status: in_force

The division may undertake and enlist the support and cooperation of all agencies, political subdivisions, and organizations to conduct a public educational program designed to inform the public of the undesirability of depositing trash, litter, and other objectionable materials in the waters of this state and the penalties provided by this chapter for such action. The division may use funds provided by the Legislature for this purpose. The division may utilize all means of communication in the conduct of this program.
Utah Code § 73-1-15 — Utah Code / Title 73 / Chapter 73-1 / § 73-1-15
§ 73-1-15. Obstructing or change of water facilities -- Penalties.
Status: in_force

(1) (a) When a person has a right-of-way of an established type or title for a water facility, as defined in Section 73-1-14, it is unlawful for a person to place or maintain in place any obstruction, or change of the water flow by fence or otherwise, along, across, in, or to the water facility, except as where the water facility inflicts damage to private property, without first: (i) receiving written permission for the change or obstruction and providing gates sufficient for the passage of the owner or owners of the water facility; or (ii) complying with the requirements of Section 73-1-15.5. (b) That the vested rights in the established water facility shall be protected against all encroachments. (c) That indemnifying agreements may be entered as may be just and proper by governmental agencies. (2) A person violating this section is guilty of a crime punishable under Section 73-2-27. (3) A person who commits an act defined as a crime under this section is also liable for damages or other relief and costs in a civil action to 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.
Utah Code § 73-3-5.5 — Utah Code / Title 73 / Chapter 73-3 / § 73-3-5.5
§ 73-3-5.5. Temporary applications to appropriate water -- Approval by engineer -- Expiration -- Proof of appropriation not required.
Status: in_force

(1) The state engineer may issue temporary applications to appropriate water for beneficial purposes. (2) The provisions of this chapter governing regular applications to appropriate water shall apply to temporary applications with the following exceptions: (a) (i) The state engineer shall undertake a thorough investigation of the proposed appropriation, and if the temporary application complies with the provisions of Section 73-3-8, may make an order approving the application. (ii) If the state engineer finds that the appropriation sought might impair other rights, before approving the application, the state engineer shall give notice of the application to all persons whose rights may be affected by the temporary appropriations. (b) The state engineer may issue a temporary application for a period of time not exceeding one year. (c) (i) The state engineer, in the approval of a temporary application, may make approval subject to whatever conditions and provisions the state engineer considers necessary to fully protect prior existing rights. (ii) If the state engineer determines that it is necessary to have a water commissioner distribute the water under a temporary application for the protection of other vested rights, the state engineer may assess the distribution costs against the holder of the temporary application. (d) (i) A temporary application does not vest in its holder a permanent vested right to the use of water. (ii) A temporary application automatically expires and is cancelled according to its terms. (e) Proof of appropriation otherwise required under this chapter is not required for temporary applications.
Utah Code § 73-18-13.1 — Utah Code / Title 73 / Chapter 73-18 / § 73-18-13.1
§ 73-18-13.1. Accident involving property damage -- Duties of operator, occupant, and owner -- Penalties.
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 only in damage to another vessel or other property shall remain at the scene of the accident until the operator has fulfilled the requirements of Section 73-18-13. (b) If the operator has reason to believe that the operator may have been involved in an accident resulting in damage to another vessel or other property 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 this section is guilty of a class B misdemeanor.
Utah Code § 73-31-303 — Utah Code / Title 73 / Chapter 73-31 / § 73-31-303
§ 73-31-303. Action by board on contract water bank application.
Status: in_force

(1) Upon receipt of an application for a proposed contract water bank, the board shall record the day on which the board receives the application. (2) The board shall: (a) examine the application to determine whether changes are required for the board to process the application in accordance with this part; (b) review the application to determine whether it meets the objectives of a water bank described in Section 73-31-103; (c) consider the application complete if the application satisfies this part; and (d) notify the applicant of any additional information or changes needed to process the application. (3) Within 30 days of the date the board determines that an application is complete, the board shall post notice of the application in accordance with Section 73-31-103. (4) The notice required by Subsection (3), shall state: (a) that an application to approve a contract water bank has been filed with the board; and (b) where a person may review the application.
Utah Code § 73-29-201 — Utah Code / Title 73 / Chapter 73-29 / § 73-29-201
§ 73-29-201. General access provisions.
Status: in_force

(1) The public may use a public water for recreational activity if: (a) the public water: (i) is a navigable water; or (ii) is on public property; and (b) the recreational activity is not otherwise prohibited by law. (2) A person may access and use a public water on private property for any lawful purpose with the private property owner's permission. (3) A person may not access or use a public water on private property for recreational purposes if the private property is property to which access is restricted, unless public recreational access is established under Section 73-29-203.