reglab/housing_qa huggingface dataset:
UT Code § 73-3-5 (2021)
2021 Utah Code|Title 73 - Water and Irrigation|Chapter 3 - Appropriation|Section 5 - Action by engineer on applications.

 Effective 5/12/2020  73-3-5. Action by engineer on applications.    (1) On receipt of an application containing the information required by Section 73-3-2, and payment of the filing fee, the state engineer shall endorse the application with the date of its receipt to make a record of the receipt for that purpose.     (2) The state engineer shall examine the application and determine whether any corrections, amendments or changes are required for clarity and if so, see that such changes are made before further processing. The state engineer may not construe an application for a split season change or other potentially complicated change as incomplete or unacceptable if the application satisfies the filing requirements under Section 73-3-3 and payment of the respective filing fee is made.     (3) An application that complies with this chapter and with the regulations of the state engineer shall be filed and recorded.     (4) The state engineer may issue a temporary receipt to drill a well at any time after the filing of an application to appropriate water from the well, as provided by this section if the fees be advanced and if in the state engineer's judgment there is unappropriated water available in the proposed source and there is no likelihood of impairment of existing rights, except that the issuance of a temporary receipt does not dispense with the publishing of notice and the final approval or rejection of the application by the state engineer, as provided by this chapter.     (5) The state engineer may send the necessary notices and address correspondence relating to an application to the owner thereof as shown by the state engineer's records, or to the owner's attorney in fact provided a written power of attorney is filed in the state engineer's office.    Amended by Chapter 421, 2020 General Session
UT Code § 73-3-5.5 (2021)
2021 Utah Code|Title 73 - Water and Irrigation|Chapter 3 - Appropriation|Section 5.5 - Temporary applications to appropriate water -- Approval by engineer -- Expiration -- Proof of appropriation not required.

73-3-5.5. Temporary applications to appropriate water -- Approval by engineer -- Expiration -- Proof of appropriation not required.    (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 he 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.      Amended by Chapter 161, 1987 General Session
UT Code § 73-3-6 (2021)
2021 Utah Code|Title 73 - Water and Irrigation|Chapter 3 - Appropriation|Section 6 - Publication of notice of application -- Corrections or amendments of applications -- Withdrawal of application.

 Effective 5/12/2015  73-3-6. Publication of notice of application -- Corrections or amendments of applications -- Withdrawal of application.    (1)   (a) When an application is filed in compliance with this title, the state engineer shall publish a notice of the application:   (i) once a week for a period of two successive weeks in a newspaper of general circulation in the county in which the source of supply is located, and where the water is to be used; and     (ii) in accordance within Section 45-1-101 for two weeks.       (b) The notice shall:   (i) state that an application has been made; and     (ii) specify where the interested party may obtain additional information relating to the application.       (c) Clerical errors, ambiguities, and mistakes that do not prejudice the rights of others may be corrected by order of the state engineer either before or after the publication of notice.       (2) After publication of notice to water users, the state engineer may authorize amendments or corrections that involve a change of point of diversion, place, or purpose of use of water, only after republication of notice to water users.     (3)   (a) An applicant or an applicant's successor in interest may withdraw an unperfected application by notifying, in writing, the state engineer of the withdrawal.     (b) Upon receipt of the notice described in Subsection (3)(a), the state engineer shall promptly update state engineer records to reflect that the application has been withdrawn and is of no further force or effect.     (c) An individual who withdraws an unperfected application under Subsection (3)(a) is not entitled to a refund of fees.      Amended by Chapter 285, 2015 General Session
UT Code § 73-3-7 (2021)
2021 Utah Code|Title 73 - Water and Irrigation|Chapter 3 - Appropriation|Section 7 - Protests.

73-3-7. Protests.    (1) Any person interested may file a protest with the state engineer:   (a) within 20 days after the notice is published, if the adjudicative proceeding is informal; and     (b) within 30 days after the notice is published, if the adjudicative proceeding is formal.       (2) The state engineer shall consider the protest and shall approve or reject the application.    Amended by Chapter 19, 1995 General Session
UT Code § 73-3-10 (2021)
2021 Utah Code|Title 73 - Water and Irrigation|Chapter 3 - Appropriation|Section 10 - Approval or rejection of application.

 Effective 5/5/2021  73-3-10. Approval or rejection of application.    (1) When the state engineer approves or rejects an application, the state engineer shall record the approval decision or rejection decision in the state engineer's office.     (2) On the same day on which the state engineer makes an approval decision or rejection decision described in Subsection (1), the state engineer shall mail, or send electronically if receipt is verifiable, the decision to the applicant.     (3) If an application is approved, the applicant may, upon receipt of the approval decision:   (a) proceed with the construction of the necessary works;     (b) take any steps required to apply the water to the use described in the application; and     (c) perfect the proposed application.       (4) If the application is rejected, the applicant may not take steps toward the prosecution of:   (a) the work proposed in the application; or     (b) the proposed diversion and use of the public water in the application.       (5) In a decision approving an application, other than an application for a fixed time period, the state engineer shall state the time within which:   (a) the construction work must be completed; and     (b) the water must be applied to beneficial use.      Amended by Chapter 81, 2021 General Session
UT Code § 73-3-11 (2021)
2021 Utah Code|Title 73 - Water and Irrigation|Chapter 3 - Appropriation|Section 11 - Statement of financial ability of applicants.

73-3-11. Statement of financial ability of applicants.  Before either approving or rejecting an application the state engineer may require such additional information as will enable him properly to guard the public interests, and may require a statement of the following facts: In case of an incorporated company, he may require the submission of the articles of incorporation, the names and places of residence of its directors and officers, and the amount of its authorized and its paid-up capital. If the applicant is not a corporation, he may require a showing as to the names of the persons proposing to make the appropriation and a showing of facts necessary to enable him to determine whether or not they are qualified appropriators and have the financial ability to carry out the proposed work, and whether or not the application has been made in good faith.  No Change Since 1953
UT Code § 73-3-13 (2021)
2021 Utah Code|Title 73 - Water and Irrigation|Chapter 3 - Appropriation|Section 13 - Protests -- Procedure.

73-3-13. Protests -- Procedure.    (1) Any other applicant, or any user of water from any river system or water source may file a request for agency action with the state engineer alleging that such work is not being diligently prosecuted to completion.     (2) Upon receipt of the request for agency action, the state engineer shall give the applicant notice and hold an adjudicative proceeding.     (3) If diligence is not shown by the applicant, the state engineer may declare the application and all rights under it forfeited.    Amended by Chapter 161, 1987 General Session
UT Code § 73-3-14 (2021)
2021 Utah Code|Title 73 - Water and Irrigation|Chapter 3 - Appropriation|Section 14 - Judicial review of state engineer order.

73-3-14. Judicial review of state engineer order.    (1)   (a) A person aggrieved by an order of the state engineer may obtain judicial review in accordance with Title 63G, Chapter 4, Administrative Procedures Act, and this section.     (b) Venue for judicial review of an informal adjudicative proceeding is in the county in which the water source or a portion of the water source is located.       (2) The state engineer shall be joined as a respondent in a petition to review the state engineer's decision, but no judgment for costs or expenses of the litigation may be rendered against the state engineer.     (3) A person who files a petition for judicial review as authorized in this section shall:   (a) name the state engineer as a respondent; and     (b) provide written notice in accordance with Subsection (5) to each person who filed a protest in accordance with Section 73-3-7 of:   (i) the filing of the petition for judicial review; and     (ii) the opportunity to intervene in accordance with Utah Rules of Civil Procedure, Rule 24.         (4) In addition to the requirements of Subsection (3), a protestant in the adjudicative proceeding who files a petition for judicial review shall also name as a respondent the person:   (a) who requested the adjudicative proceeding; or     (b) against whom the state engineer brought the adjudicative proceeding.       (5) The written notice required by this section shall:   (a) be mailed:   (i) within the time provided for by Utah Rules of Civil Procedure, Rule 4(b); and     (ii) to the address on record with the state engineer's office at the time the order is issued; and       (b) include:   (i) a copy of the petition; and     (ii) the address of the court in which the petition is pending.         (6) If a person who files a petition for judicial review fails to provide notice as required by this section, the court shall dismiss the petition without prejudice upon:   (a) the motion of a party;     (b) the special appearance of a person who:   (i) participated in the adjudicative proceeding; and     (ii) is not a party; or       (c) the court's own motion.       (7) A person who files a petition for judicial review is not required to:   (a) notwithstanding Subsection 63G-4-401(3)(b), name a respondent that is not required by this section; and     (b) notwithstanding Subsection 63G-4-402(2)(a)(iv), identify all parties to the adjudicative proceeding.      Amended by Chapter 165, 2008 General SessionAmended by Chapter 382, 2008 General Session
UT Code § 73-3-15 (2021)
2021 Utah Code|Title 73 - Water and Irrigation|Chapter 3 - Appropriation|Section 15 - Dismissal of action for review of informal adjudicative proceedings.

73-3-15. Dismissal of action for review of informal adjudicative proceedings.    (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.    Amended by Chapter 248, 2009 General Session
UT Code § 73-3-17 (2021)
2021 Utah Code|Title 73 - Water and Irrigation|Chapter 3 - Appropriation|Section 17 - Certificate of appropriation -- Evidence.

 Effective 5/12/2020  73-3-17. Certificate of appropriation -- Evidence.    (1) Upon the satisfaction of the state engineer that an appropriation, a permanent change of point of diversion, place or purpose of use, or a fixed time change authorized by Section 73-3-30 has been perfected in accordance with the application, and that the water appropriated or affected by the change has been put to a beneficial use, as required by Section 73-3-16 or 73-3-30, the state engineer shall issue a certificate, in duplicate, setting forth:   (a) the name and post-office address of the person by whom the water is used;     (b) the quantity of water in acre-feet or the flow in second-feet appropriated;     (c) the purpose for which the water is used;     (d) the time during which the water is to be used each year;     (e) the name of the stream or water source:   (i) from which the water is diverted; or     (ii) within which an instream flow is maintained;       (f) the date of the appropriation or change; and     (g) other information that defines the extent and conditions of actual application of the water to a beneficial use.       (2) A certificate issued on an application for one of the following types of projects need show no more than the facts shown in the proof submitted under Section 73-3-16:   (a) a project constructed according to Chapter 10, Board of Water Resources - Division of Water Resources;     (b) a federal project constructed by the United States Bureau of Reclamation, referred to in Section 73-3-16; and     (c) a surface water storage facility in excess of 1,000 acre-feet constructed by a public water supplier.       (3) A certificate issued under this section does not:   (a) extend the rights described in the application; or     (b) constitute a determination by the state engineer as to whether the perfected appropriation or change has or may result in interference, impairment, injury, or other harm to another water right.       (4) Failure to file proof of appropriation or proof of change of the water on or before the date set for the filing causes the application to lapse.     (5)   (a) One copy of a certificate issued under this section shall be filed in the office of the state engineer and the other copy shall be delivered to the appropriator or to the person making the change who may record the certificate in the office of the county recorder of the county in which the water is diverted from the natural stream or source.     (b) The state engineer is not required to deliver a copy of a certificate issued under this section to a person other than the appropriator or the person making the change.       (6) The certificate issued under this section is prima facie evidence of the owner's right to use the water in the quantity, for the purpose, at the place, and during the time specified in the certificate, subject to prior rights.    Amended by Chapter 278, 2020 General Session
UT Code § 73-3-18 (2021)
2021 Utah Code|Title 73 - Water and Irrigation|Chapter 3 - Appropriation|Section 18 - Lapse of application -- Notice -- Reinstatement -- Priorities -- Assignment of application -- Filing and recording -- Constructive notice -- Effect of failure to record.

 Effective 5/5/2021  73-3-18. Lapse of application -- Notice -- Reinstatement -- Priorities -- Assignment of application -- Filing and recording -- Constructive notice -- Effect of failure to record.    (1) If an application lapses for failure of the applicant to comply with a provision of this title or an order of the state engineer, the state engineer shall promptly give notice of the lapse to the applicant by regular mail, or send notice electronically if receipt is verifiable.     (2) Within 60 days after notice of a lapse described in Subsection (1), the state engineer may, upon a showing of reasonable cause, reinstate the application with the date of priority changed to the date of reinstatement.     (3) The original priority date of a lapsed application may not be reinstated, except upon a showing of fraud or mistake of the state engineer.     (4) Except as provided in Section 73-3-5.6, Section 73-3-12, Section 73-3-20, or Subsection (2), the priority of an application is determined by the day on which the state engineer's office receives the written application.     (5) Before the state engineer issues a certificate of appropriation, a right claimed under an application for the appropriation of water may be assigned by a written instrument, including by use of a form provided by the state engineer's office.     (6)   (a) An instrument assigning a right described in Subsection (5) shall be recorded in the office of the applicable county recorder to provide notice of the instrument's contents.     (b) Beginning July 1, 2017, the state engineer shall consider an assignment using the state engineer's form described in Subsection (5) that is recorded and forwarded to the state engineer as a submitted report of water right conveyance for purposes of fulfilling Subsection 73-1-10(3)(a).       (7) An instrument described in Subsection (5) that is not recorded as described in Subsection (6) is void against any subsequent assignee in good faith and for valuable consideration of the same application or any portion of the same application, if the subsequent assignee's own assignment is recorded as described in Subsection (6) first.    Amended by Chapter 81, 2021 General Session
UT Code § 73-3-19 (2021)
2021 Utah Code|Title 73 - Water and Irrigation|Chapter 3 - Appropriation|Section 19 - Right of entry on private property -- By applicant -- Bond -- Priority.

73-3-19. Right of entry on private property -- By applicant -- Bond -- Priority.  Whenever any applicant for the use of water from any stream or water source must necessarily enter upon private property in order to make a survey to secure the required information for making a water filing and is refused by the owner or possessor of such property such right of entry, he may petition the district court for an order granting such right, and after notice and hearing, such court may grant such permission, on security being given to pay all damage caused thereby to the owner of such property. In such case the priority of such application shall date from the filing of such petition with the district court as aforesaid.  No Change Since 1953
UT Code § 73-3-21.1 (2021)
2021 Utah Code|Title 73 - Water and Irrigation|Chapter 3 - Appropriation|Section 21.1 - Priorities between appropriators.

73-3-21.1. Priorities between appropriators.    (1) As used in this section:   (a) "Military facility" means an installation, base, air field, camp, post, station, yard, center, or other facility owned, leased, or operated by, or under the jurisdiction of, the United States Department of Defense or the National Guard.     (b) "Temporary water shortage emergency" means a shortage of water:   (i) whether caused by drought, manmade, or naturally caused;     (ii) for which the governor has declared an emergency; and     (iii) that may not exceed in duration more than two consecutive calendar years.         (2)   (a) Appropriators shall have priority among themselves according to the dates of their respective appropriations, so that each appropriator is entitled to receive the appropriator's whole supply before any subsequent appropriator has any right.     (b) Notwithstanding Subsection (2)(a), if there is a temporary water shortage emergency, the use of water for drinking, sanitation, and fire suppression has a preferential right over any other water right for the duration of the temporary water shortage emergency if:   (i) the water is used by:   (A) an individual water user;     (B) a county or municipality;     (C) a public water supplier, as defined in Section 73-1-4; or     (D) a military facility that was in operation on March 10, 2011; and       (ii) the water is used without unnecessary waste.       (c) Notwithstanding Subsection (2)(a), if there is a temporary water shortage emergency, the use of water for agricultural purposes, including irrigation and livestock water, has a preferential right over any other right, except as provided in Subsection (2)(b).       (3) A person using water preferentially during a temporary water shortage emergency shall pay annually to the appropriator whose water use is interrupted the reasonable value of the water use interrupted, crop losses, and other consequential damages incurred as a result of the interruption.    Amended by Chapter 201, 2011 General Session
UT Code § 73-3-23 (2021)
2021 Utah Code|Title 73 - Water and Irrigation|Chapter 3 - Appropriation|Section 23 - Replacement of water.

73-3-23. Replacement of water.  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.  No Change Since 1953
UT Code § 73-3-26 (2021)
2021 Utah Code|Title 73 - Water and Irrigation|Chapter 3 - Appropriation|Section 26 - Violations -- Penalty.

 Effective 5/13/2014  73-3-26. Violations -- Penalty.    (1) A person engaged in well drilling, as described in Subsection 73-3-25(1)(c), is guilty of a crime punishable under Section 73-2-27 if the person does not have a current license to engage in well drilling, as provided by this title.     (2) Each day that a violation under Subsection (1) continues is a separate offense.    Amended by Chapter 369, 2014 General Session