reglab/statecodes huggingface dataset:
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 2 - State Engineer - Division of Water Rights › Section 23 - Emergency powers of state engineer -- Multi-county flood mitigation activities -- Termination of assistance.

73-2-23.
Emergency powers of state engineer -- Multi-county flood mitigation activities -- Termination of assistance.
(1) In addition to the emergency powers under Section 73-2-22, the state engineer shall assist counties in emergency flood mitigation on intercounty waterways when all the following conditions exist:
(a) two or more counties are involved;
(b) the flood mitigation activity has or may have adverse effect on the county;
(c) the county executive of that adversely impacted county requests the state engineer's involvement;
(d) the requesting county is providing an ongoing flood control program with jurisdiction-wide funding equivalent to .0004 per dollar of taxable value of taxable property; and
(e) the requesting county has established a flood control program through zoning.
(2) Multi-county flood mitigation activities by the state engineer shall include:
(a) assisting the counties in emergency flood mitigation planning;
(b) furnishing engineering or other technical services;
(c) making recommendations in emergency situations, and, if requested, participating in making emergency flood control decisions; and
(d) in the event a decision is not reached, the final decision-making authority.
(3) The assistance or involvement will cease when in the state engineer's judgment the flood conditions or potential for flooding subsides or when the county governing bodies of all affected counties request that the jurisdiction cease.
Amended by Chapter 227, 1993 General Session
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 2 - State Engineer - Division of Water Rights › Section 23.1 - Assistance of state engineer in management of flood waters.

73-2-23.1.
Assistance of state engineer in management of flood waters.
In addition to his other flood management authority under Sections 73-2-22 and 73-2-23, the state engineer may assist in the management of flood waters pursuant to court judgments and decrees.
Enacted by Chapter 228, 1985 General Session
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 2 - State Engineer - Division of Water Rights › Section 27 - Criminal penalties.

Effective 5/3/2023
73-2-27.
Criminal penalties.
(1) This section applies to offenses committed under:
(a) Section 73-1-14;
(b) Section 73-1-15;
(c) Section 73-2-20;
(d) Section 73-3-3;
(e) Section 73-3-26;
(f) Section 73-3-29;
(g) Section 73-5-9;
(h) Section 76-10-201;
(i) Section 76-10-202; and
(j) Section 76-10-203.
(2) Under circumstances not amounting to an offense with a greater penalty under Subsection 76-6-106(2)(a)(ii), Section 76-6-106.3, or Section 76-6-404, violation of a provision listed in Subsection (1) is punishable:
(a) as a felony of the third degree if:
(i) the value of the water diverted or property damaged or taken is $2,500 or greater; and
(ii) the person violating the provision has previously been convicted of violating the same provision;
(b) as a class A misdemeanor if:
(i) the value of the water diverted or property damaged or taken is $2,500 or greater; or
(ii) the person violating the provision has previously been convicted of violating the same provision; or
(c) as a class B misdemeanor if Subsection (2)(a) or (b) does not apply.
Amended by Chapter 111, 2023 General Session
Amended by Chapter 179, 2023 General Session
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 2 - State Engineer - Division of Water Rights › Section 28 - Costs and fees in civil actions.

73-2-28.
Costs and fees in civil actions.
The prevailing party in a civil action is entitled to collect reasonable costs and attorney fees, if that action is brought:
(1) under Section 73-1-14;
(2) under Section 73-1-15;
(3) for injuries caused by a diversion of water for which no water right has been established;
(4) for injuries caused by a diversion of water in violation of an existing water right; or
(5) for injuries caused by a violation of a written distribution order from the state engineer.
Enacted by Chapter 33, 2005 General Session
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 2 - State Engineer - Division of Water Rights › Section 29 - Agreement with another state -- Regulation, distribution, and administration of interstate water.

73-2-29.
Agreement with another state -- Regulation, distribution, and administration of interstate water.
(1) The state engineer, after receiving approval from the executive director of the Department of Natural Resources and the governor, may enter into an agreement with another state to regulate, distribute, and administer the water from an interstate surface water source that is not otherwise subject to an interstate compact.
(2) The state engineer may coordinate with another state to implement:
(a) the terms of an agreement entered into according to Subsection (1); and
(b) an interstate compact that regulates, distributes, or administers an interstate surface water source.
Enacted by Chapter 67, 2008 General Session
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 3 - Appropriation › Section 1 - Appropriation -- Manner of acquiring water rights.

73-3-1.
Appropriation -- Manner of acquiring water rights.
(1) A person may acquire a right to the use of the unappropriated public waters in this state only as provided for in this title.
(2) The appropriation of public waters in the state shall comply with the requirements of this title.
(3) Except as provided in Subsection (7), a person obtaining, initiating the use of, or providing notice of intent to appropriate a water right shall comply with the requirements of this chapter.
(4) An appropriation may be made only for a useful and beneficial purpose.
(5)
(a) Between appropriators, the one first in time is first in rights.
(b) A use designated by an application to appropriate any of the unappropriated waters of the state that would materially interfere with a more beneficial use of the water shall be dealt with as provided in Section 73-3-8.
(6) A person may not acquire a right to the use of water either appropriated or unappropriated by adverse use or adverse possession.
(7) Notwithstanding Section 73-3-2, a person may directly capture and store precipitation as provided in Section 73-3-1.5.
Amended by Chapter 19, 2010 General Session
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 3 - Appropriation › Section 1.5 - Capture and storage of precipitation.

73-3-1.5.
Capture and storage of precipitation.
(1) As used in this section, "parcel" means an identifiable contiguous unit of property that is treated as separate for valuation or zoning purposes and includes an improvement on that unit of property.
(2) Notwithstanding Section 73-3-2, a person may:
(a) directly capture and store precipitation on a parcel owned or leased by the person in accordance with Subsection (3) or (4); and
(b) place the water captured and stored as provided in Subsection (2)(a) to beneficial use on the parcel on which the water is captured and stored.
(3) After registering for the capture and storage of precipitation in accordance with Subsection (5), a person may collect and store precipitation in a container installed in accordance with the State Construction Code or an approved code under Title 15A, State Construction and Fire Codes Act, if:
(a) for a person who uses only one container on a parcel, the total capacity of the container is no more than 2,500 gallons; or
(b) for a person who uses more than one container on a parcel, the aggregate capacity of the containers is no more than 2,500 gallons.
(4) A person may collect and store precipitation, without registering under Subsection (5), in no more than two covered storage containers if neither covered storage container has a maximum storage capacity of greater than 100 gallons.
(5)
(a) The state engineer shall provide a website on which a person may register as required by Subsection (3).
(b) To register, a person shall complete information required by the state engineer including the:
(i) name and address of the person capturing or storing precipitation;
(ii) total capacity of all containers storing precipitation; and
(iii) street address or other suitable description of the location where precipitation is to be captured and stored.
(6) Beneficial use of water under Subsection (2)(b) does not constitute a water right and may not be:
(a) changed under Section 73-3-3;
(b) assigned; or
(c) consolidated with a water right.
(7) A person who beneficially uses water under Subsection (2)(b) shall comply with:
(a) state law; and
(b) local health and safety rules and regulations.
Amended by Chapter 260, 2013 General Session
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 3 - Appropriation › Section 4 - "Received," "filed" defined.

73-3-4.
"Received," "filed" defined.
Whenever in this title the word "received" is used with reference to any paper deposited in the office of the state engineer, it shall be deemed to mean the date when such paper was first deposited in the state engineer's office; and whenever the term "filed" is used, it shall be deemed to mean the date when such paper was acceptably completed in form and substance and filed in said office.
No Change Since 1953
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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 Session
Amended by Chapter 382, 2008 General Session
2023 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
2023 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
2023 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
2023 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
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 3 - Appropriation › Section 21.1 - Priorities between appropriators.

Effective 3/24/2022
73-3-21.1.
Priorities between appropriators.
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.
Amended by Chapter 311, 2022 General Session
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 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
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 3b - Groundwater Recharge and Recovery Act › Part 1 - General Provisions › Section 102 - Definitions.

73-3b-102.
Definitions.
As used in this chapter:
(1) "Artificially recharge" means to place water in an aquifer:
(a) by means of:
(i) injection;
(ii) surface infiltration; or
(iii) another method; and
(b) for the purposes of:
(i) storing the water; and
(ii) recovering the water.
(2) "Division" means Division of Water Rights.
(3) "Recharge permit" means a permit issued by the state engineer to construct and operate a recharge project.
(4) "Recharge project" means to artificially recharge water into an aquifer.
(5) "Recovery permit" means a permit issued by the state engineer to construct and operate a recovery project.
(6) "Recovery project" means to withdraw from an aquifer water that has been artificially recharged pursuant to a recharge permit.
Amended by Chapter 107, 2010 General Session
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 3b - Groundwater Recharge and Recovery Act › Part 1 - General Provisions › Section 103 - Prohibitions.

73-3b-103.
Prohibitions.
(1) A person may not artificially recharge an aquifer without first obtaining a recharge permit.
(2) A person may not recover from an aquifer water that has been artificially recharged unless the person first obtains a recovery permit.
(3) A person holding a recharge permit or recovery permit may not operate a recharge project or recovery project in a manner that is inconsistent with the permit conditions set by the state engineer.
Amended by Chapter 107, 2010 General Session
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 3b - Groundwater Recharge and Recovery Act › Part 1 - General Provisions › Section 104 - Rulemaking power of state engineer.

73-3b-104.
Rulemaking power of state engineer.
The state engineer may make rules to administer this chapter in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
Amended by Chapter 382, 2008 General Session
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 3b - Groundwater Recharge and Recovery Act › Part 1 - General Provisions › Section 105 - Administrative procedures.

73-3b-105.
Administrative procedures.
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.
Amended by Chapter 107, 2010 General Session
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 3b - Groundwater Recharge and Recovery Act › Part 1 - General Provisions › Section 106 - Water right for recharged water -- Change of use of recovered water.

73-3b-106.
Water right for recharged water -- Change of use of recovered water.
(1) A person proposing to artificially recharge water into an aquifer must have:
(a) a valid water right for the water proposed to be recharged; or
(b) an agreement to use the water proposed to be recharged with a person who has a valid water right for the water proposed to be recharged.
(2) A person who holds a recovery permit may use or exchange recovered water only in the manner in which the water was permitted to be used or exchanged before the water was artificially recharged, unless a change or exchange application is filed and approved pursuant to Section 73-3-3 or 73-3-20, as applicable.
Amended by Chapter 107, 2010 General Session
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 3b - Groundwater Recharge and Recovery Act › Part 1 - General Provisions › Section 107 - Recoverable water -- State engineer to determine.

73-3b-107.
Recoverable water -- State engineer to determine.
A person who holds a recovery permit may recover the amount of water stored by the recharge project which the state engineer determines has reached the aquifer and remains within the hydrologic area of influence.
Enacted by Chapter 146, 1991 General Session