reglab/housing_qa huggingface dataset:
UT Code § 73-3-27 (2021)
2021 Utah Code|Title 73 - Water and Irrigation|Chapter 3 - Appropriation|Section 27 - Requests for segregation or consolidation.

73-3-27. Requests for segregation or consolidation.    (1)   (a) Upon written request, the state engineer shall segregate into two or more parts the following in the state engineer's records:   (i) an application to:   (A) under Section 73-3-2, appropriate water;     (B) under Section 73-3-3, permanently change:   (I) the point of diversion;     (II) the place of water use; or     (III) the purpose of water use; and         (ii) a water right for which:   (A) the state engineer has issued a certificate according to Section 73-3-17;     (B) a court has entered a judgment according to Section 73-4-15; and     (C) a person has filed a claim according to Section 73-5-13.         (b) A person shall:   (i) submit the request authorized by Subsection (1)(a) on a form furnished by the state engineer; and     (ii) include:   (A) the water right number to be segregated;     (B) the name and post-office address of the owner of the application or water right;     (C) a statement of the nature of the proposed segregation;     (D) the reasons for the proposed segregation; and     (E) other information the state engineer may require to accomplish the segregation.           (2)   (a) An action taken by the state engineer on an application or water right before segregation is applicable in all respects to the segregated parts of the application or water right.     (b) After the state engineer segregates the application or water right, each segregated part is a separate application or water right in the state engineer's records.     (c) The segregation of an application or a water right in the state engineer's records does not:   (i) confirm the validity or good standing of the segregated parts of the application or water right; or     (ii) extend the time for the construction of works for an application.         (3) Upon written request, the state engineer may consolidate two or more applications or water rights if the applications or water rights:   (a) are from the same source;     (b) have the same priority date; and     (c) are sufficiently consistent in definition that the consolidated application or water right may be described without referring to the characteristics of the individual application or water right that existed before consolidation.      Amended by Chapter 247, 2009 General Session
UT Code § 73-3-28 (2021)
2021 Utah Code|Title 73 - Water and Irrigation|Chapter 3 - Appropriation|Section 28 - Replacement wells -- Requirements -- State engineer's approval -- Application to drill -- Filing -- Form -- Contents -- Notice -- Fees -- Definition -- Plugging of old well.

73-3-28. Replacement wells -- Requirements -- State engineer's approval -- Application to drill -- Filing -- Form -- Contents -- Notice -- Fees -- Definition -- Plugging of old well.  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.  Amended by Chapter 136, 2001 General Session
UT Code § 73-3-32 (2021)
2021 Utah Code|Title 73 - Water and Irrigation|Chapter 3 - Appropriation|Section 32 - Filing protest or judicial review action not required to bring judicial interference claim.

 Effective 5/12/2020  73-3-32. Filing protest or judicial review action not required to bring judicial interference claim.  The following are not a prerequisite to filing a judicial action for interference, damages, declaratory, injunctive, or other relief, based on the use of water under an existing water right:  (1) filing a protest to a water right application filed pursuant to this chapter, or to a claim filed under Section 73-5-13; or     (2) participation as a party in a judicial review action challenging the state engineer's action on a water right application filed pursuant to this chapter.    Enacted by Chapter 278, 2020 General Session
UT Code § 73-3a-101 (2021)
2021 Utah Code|Title 73 - Water and Irrigation|Chapter 3a - Water Exports|Section 101 - Policy statement.

73-3a-101. Policy statement.    (1) To ensure the welfare of its citizens, the state of Utah is dedicated to:   (a) the conservation of its scarce water resources;     (b) providing adequate water supplies;     (c) ensuring that the waters of the state's streams are available to meet the state's water requirements; and     (d) controlling its water resources in a manner that is in the best interest of the public.       (2) To fulfill the policy stated in Subsection (1), the state of Utah has entered into interstate compacts on several of the state's streams that flow outside the state.     (3) The state of Utah recognizes that under certain conditions the transportation of water for use outside the state may not be contrary to:   (a) the conservation of Utah's waters; or     (b) the public welfare.      Enacted by Chapter 234, 1991 General Session
UT Code § 73-3a-102 (2021)
2021 Utah Code|Title 73 - Water and Irrigation|Chapter 3a - Water Exports|Section 102 - Water mixed with substances.

73-3a-102. Water mixed with substances.  For the purposes of this chapter, water mixed with substances to form a solution or slurry, for the transportation of dissolved substances or suspended solids, is not considered to have lost its character as water.  Enacted by Chapter 234, 1991 General Session
UT Code § 73-3a-103 (2021)
2021 Utah Code|Title 73 - Water and Irrigation|Chapter 3a - Water Exports|Section 103 - Water exports governed by this chapter.

73-3a-103. Water exports governed by this chapter.  This chapter governs application procedures and criteria for the approval of applications for:  (1) the appropriation of water from sources within the state of Utah for use outside the state; and     (2) permanent or temporary changes of point of diversion, place of use, or purpose of use of water that is:   (a) appropriated from sources within the state of Utah; and     (b) used, or proposed to be used, outside the state.      Enacted by Chapter 234, 1991 General Session
UT Code § 73-3a-104 (2021)
2021 Utah Code|Title 73 - Water and Irrigation|Chapter 3a - Water Exports|Section 104 - Rulemaking power of state engineer.

73-3a-104. Rulemaking power of state engineer.  In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the state engineer may make rules necessary to administer this chapter.  Amended by Chapter 382, 2008 General Session
UT Code § 73-3a-105 (2021)
2021 Utah Code|Title 73 - Water and Irrigation|Chapter 3a - Water Exports|Section 105 - Procedures -- Adjudicative proceedings.

73-3a-105. Procedures -- Adjudicative proceedings.    (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.    Amended by Chapter 382, 2008 General Session
UT Code § 73-3a-106 (2021)
2021 Utah Code|Title 73 - Water and Irrigation|Chapter 3a - Water Exports|Section 106 - Application form.

73-3a-106. Application form.  Applications for appropriations or changes referred to in Section 73-3a-103 must:  (1) be made upon forms furnished by the state engineer; and     (2) set forth:   (a) the name of the applicant;     (b) the description of the water right, if applicable;     (c) the quantity of water;     (d) the stream or source;     (e) the point on the stream or source where the water is diverted;     (f) the point to which it is proposed to change the diversion of the water, if applicable;     (g) the place, purpose, and extent of the present use, if applicable;     (h) the place, purpose, and extent of the proposed use;     (i) an agent in the state of Utah designated for reception of service of process and other legal notices; and     (j) any other information that the state engineer requires.      Enacted by Chapter 234, 1991 General Session
UT Code § 73-3a-107 (2021)
2021 Utah Code|Title 73 - Water and Irrigation|Chapter 3a - Water Exports|Section 107 - Publication of notice of application -- Corrections or amendments of applications.

73-3a-107. Publication of notice of application -- Corrections or amendments of applications.    (1)   (a) When an application is filed in accordance with Section 73-3a-106 and relevant provisions of Chapter 3, Appropriation, 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 water source is located and where the water is to be used; and     (ii) in accordance with 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) The notice described in Subsection (1)(a)(i) may be published in more than one newspaper.       (2) Clerical errors, ambiguities, and mistakes in the application 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.     (3) If amendments or corrections to the application are made that involve a change of point of diversion, place of use, or purpose of use of water, the notice must be republished.    Amended by Chapter 388, 2009 General Session
UT Code § 73-3a-108 (2021)
2021 Utah Code|Title 73 - Water and Irrigation|Chapter 3a - Water Exports|Section 108 - Approval of applications -- Criteria.

73-3a-108. Approval of applications -- Criteria.    (1) The state engineer shall:   (a) undertake an investigation of any application made under this chapter; and     (b) approve the application, if he finds that:   (i) the proposed appropriation or change:   (A) satisfies Section 73-3-3, 73-3-5.5, or 73-3-8, whichever is applicable;     (B) is consistent with Utah's reasonable water conservation policies or objectives;     (C) is not contrary to the public welfare; and     (D) does not impair the ability of the state of Utah to comply with its obligation under any interstate compact or judicial decree which apportions water among Utah and other states; and       (ii) the water can be transported, measured, delivered, and beneficially used in the recipient state.         (2) In reviewing the criteria of Subsections (1)(b)(i)(B) and (1)(b)(i)(C), the state engineer shall consider the following factors:   (a) the supply and quality of water available to the state of Utah;     (b) the current and reasonably anticipated water demands of the state of Utah;     (c) whether there are current or reasonably anticipated water shortages within Utah;     (d) whether the water that is the subject of the application could feasibly be used to alleviate current or reasonably anticipated water shortages within Utah;     (e) the alternative supply and sources of water available to the applicant in the state where the applicant intends to use the water; and     (f) the demands placed on the applicant's alternate water supply in the state where the applicant intends to use the water.       (3) If any application fails to meet any criteria of Subsection (1), it shall be rejected.     (4) The state engineer may condition any approval to ensure that the use of the water in another state:   (a) is subject to the same laws, rules, and controls that may be imposed upon water use within the state of Utah; or     (b) is consistent with the terms and conditions of any applicable interstate compact to which the state of Utah is a party.      Enacted by Chapter 234, 1991 General Session
UT Code § 73-3a-109 (2021)
2021 Utah Code|Title 73 - Water and Irrigation|Chapter 3a - Water Exports|Section 109 - Certification of appropriation or change.

73-3a-109. Certification of appropriation or change.    (1) Any person holding an application approved under this chapter shall comply with the substantive and procedural requirements of Sections 73-3-16 and 73-3-17 to obtain a certificate of appropriation or change.     (2) Verification that the appropriation or change has been perfected and put to beneficial use may be accepted from the recipient state's equivalent to the Utah state engineer.    Enacted by Chapter 234, 1991 General Session
UT Code § 73-4-1 (2021)
2021 Utah Code|Title 73 - Water and Irrigation|Chapter 4 - Determination of Water Rights|Section 1 - Action for a general adjudication of water rights -- Requirements for state engineer to file -- Adjudication area divisions.

 Effective 5/10/2016  73-4-1. Action for a general adjudication of water rights -- Requirements for state engineer to file -- Adjudication area divisions.    (1)   (a) Five or more, or a majority of, water users of a water source may submit a signed, verified petition to the state engineer requesting an investigation of the rights of all claimants to the water of the water source.     (b) Upon receipt of a petition described in Subsection (1)(a), the state engineer shall:   (i) investigate whether the facts and circumstances of the water source and its claimants justify a general determination of water rights; and     (ii) if justified, file an action in the district court for a general adjudication of water rights.       (c) In any suit involving water rights the court may order an investigation by the state engineer of all the water rights on the source or system involved, as provided in this chapter.       (2)   (a) The executive director of the Department of Environmental Quality, with the concurrence of the governor, may request that the state engineer file in the district court an action to determine the various water rights in the stream, water source, or basin for an area within the exterior boundaries of the state for which any person or organization or the federal government is actively pursuing or processing a license application for a storage facility or transfer facility for high-level nuclear waste or greater than class C radioactive waste.     (b) Upon receipt of a request made under Subsection (2)(a), the state engineer shall file an action in the district court for a general adjudication of water rights.     (c) If a general adjudication is filed in the state district court regarding the area requested pursuant to Subsection (2)(a), the state engineer and the state attorney general shall join the United States as a party to the action.       (3) When an action for a general adjudication of water rights for a certain area is filed in district court, the state engineer may divide the general adjudication area into divisions and subdivisions if the state engineer:   (a) fulfills the requirements of this chapter individually for each division or subdivision; and     (b) petitions the court to incorporate the decrees for all the divisions and subdivisions within a general adjudication area into a final decree for the entire general adjudication area.      Amended by Chapter 72, 2016 General Session
UT Code § 73-4-2 (2021)
2021 Utah Code|Title 73 - Water and Irrigation|Chapter 4 - Determination of Water Rights|Section 2 - Interstate streams.

73-4-2. Interstate streams.  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 he 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.  Amended by Chapter 198, 1969 General Session
UT Code § 73-4-4 (2021)
2021 Utah Code|Title 73 - Water and Irrigation|Chapter 4 - Determination of Water Rights|Section 4 - Summons for general adjudication of water rights -- Requirements to serve summons individually and generally -- Statement of claim requirement.

 Effective 5/8/2018  73-4-4. Summons for general adjudication of water rights -- Requirements to serve summons individually and generally -- Statement of claim requirement.    (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. SUMMONS  The 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.    Amended by Chapter 348, 2018 General Session
UT Code § 73-4-5 (2021)
2021 Utah Code|Title 73 - Water and Irrigation|Chapter 4 - Determination of Water Rights|Section 5 - Requirements for statement of claim in general adjudication of water rights.

 Effective 5/8/2018  73-4-5. Requirements for statement of claim in general adjudication of water rights.    (1) Except as provided in Subsection (2), each person claiming a right to use water of a river system or water source shall, within 90 days after the day on which notice of the time to file statements of claim as described in Section 73-4-3 is served, file with the state engineer or the district court a written or electronic statement of claim, signed, and verified under oath, by the claimant, or by unsworn declaration as described in Title 78B, Chapter 18a, Uniform Unsworn Declarations Act, that includes:   (a) the name and address of the claimant;     (b) the nature and measure of beneficial use on which the claim is based;     (c) the maximum flow of water used in cubic feet per second, the maximum volume of water used in acre-feet, or the quantity of water stored in acre-feet, as applicable;     (d) the period of time during which the water is used each year;     (e) the period of time during which the water is stored each year, if applicable;     (f) the name of the stream or other source from which the water is diverted, the point on the stream or source where the water is diverted, and a description of the nature of the diverting works;     (g) the water right number associated with the claimed right or, if not of record in the state engineer's office, evidence sufficient to enable the state engineer to evaluate the basis of the claimed right, including the information listed in Subsections 73-5-13(2)(a) and (c);     (h) the claimed priority date;     (i) the place and manner of current use; and     (j) other facts that clearly define the extent, limits, and nature of the claim, or that are required by the written or electronic form provided by the state engineer with the notice of the time to file statements of claim.       (2) A person claiming a right to the use of water, as described in Subsection (1):   (a) may request an extension of time as described in Section 73-4-10; and     (b) shall file the statement described in Subsection (1) on or before the granted extension date, if an extension is granted pursuant to Section 73-4-10.      Amended by Chapter 298, 2018 General Session