All waters in Utah are public property. Rights for water use prior to 1903 can be claimed according to statute by filing a water user's claim with the State Engineer. Certain underground water diversions established prior to 1935 are also a basis for a water right and claims may be filed at the office of the State Engineer. All other rights to the use of water in the State of Utah must be established through the water appropriation process administered by the State Engineer's office. Apply to appropriate Water with the State Engineer.
Application is advertised and protests and rebuttals heard.
State Engineer evaluates application, protests, and other pertinent information and renders a decision on the application based upon principles established in State statute. If approved the applicant begins developing water. When fully developed the applicant files proof with the state engineer stating the details of development. The State Engineer after reviewing proof issues a Certificate of Appropriation. Water appropriation issues in specific areas of the state are controlled by office developed policies.