reglab/statecodes huggingface dataset:
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 3b - Groundwater Recharge and Recovery Act › Part 2 - Recharge and Recovery Permits › Section 201 - Application for a recharge permit -- Required information -- Filing fee.

73-3b-201.
Application for a recharge permit -- Required information -- Filing fee.
(1) The application for obtaining a recharge permit shall include the following information:
(a) the name and mailing address of the applicant;
(b) the name of the groundwater basin or groundwater sub-basin in which the applicant proposes to operate the recharge project;
(c) the name and mailing address of the owner of the land on which the applicant proposes to operate the recharge project;
(d) a legal description of the location of the proposed recharge project;
(e) the source and annual quantity of water proposed to be artificially recharged;
(f) evidence of a water right or an agreement to use the water proposed to be artificially recharged;
(g) the quality of the water proposed to be artificially recharged and the water quality of the receiving aquifer;
(h) evidence that the applicant has applied for all applicable water quality permits;
(i) a plan of operation for the proposed recharge project, which shall include:
(i) a description of the proposed recharge project;
(ii) its design capacity;
(iii) a detailed monitoring program; and
(iv) the proposed duration of the recharge project;
(j) a copy of a study demonstrating:
(i) the area of hydrologic impact of the recharge project;
(ii) that the recharge project is hydrologically feasible;
(iii) that the recharge project will not:
(A) cause unreasonable harm to land; or
(B) impair any existing water right within the area of hydrologic impact; and
(iv) the percentage of anticipated recoverable water;
(k) evidence of financial and technical capability; and
(l) any other information that the state engineer requires.
(2)
(a) A filing fee must be submitted with the application.
(b) The state engineer shall establish the filing fee in accordance with Section 63J-1-504.
Amended by Chapter 107, 2010 General Session
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 3b - Groundwater Recharge and Recovery Act › Part 2 - Recharge and Recovery Permits › Section 202 - Issuance of recharge permit -- Criteria -- Conditions.

73-3b-202.
Issuance of recharge permit -- Criteria -- Conditions.
The state engineer:
(1) shall issue a recharge permit if:
(a) the applicant has:
(i) the technical and financial capability to construct and operate the recharge project; and
(ii)
(A) a valid water right for the use of the water proposed to be artificially recharged; or
(B) an agreement to use the water proposed to be artificially recharged with a person who has a valid water right for the use of the water proposed to be artificially recharged; and
(b) the project:
(i) is hydrologically feasible;
(ii) will not cause unreasonable harm to land;
(iii) will not impair any existing water right within the area of hydrologic impact; and
(iv) will not adversely affect the water quality of the aquifer;
(2) shall condition any approval on acquiring the applicable water quality permits prior to construction and operation of the recharge project; and
(3) may attach to the permit any condition the state engineer determines is appropriate.
Amended by Chapter 107, 2010 General Session
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 3b - Groundwater Recharge and Recovery Act › Part 2 - Recharge and Recovery Permits › Section 204 - Application for a recovery permit -- Required information.

73-3b-204.
Application for a recovery permit -- Required information.
(1) A person may file a recovery permit application with a recharge permit application.
(2) The application for obtaining a recovery permit shall include the following information:
(a) the name and mailing address of the applicant;
(b) a legal description of the location of the existing well or proposed new well from which the applicant intends to recover artificially recharged water;
(c) a written consent from the owner of the recharge permit, if the applicant does not hold the recharge permit;
(d) the name and mailing address of the owner of the land from which the applicant proposes to recover artificially recharged water;
(e) the name or description of the artificially recharged groundwater aquifer which is the source of supply;
(f) the purpose for which the artificially recharged water will be recovered;
(g) the depth and diameter of the existing well or proposed new well;
(h) a legal description of the area where the artificially recharged water is proposed to be used;
(i) the design pumping capacity of the existing well or proposed new well; and
(j) any other information including maps, drawings, and data that the state engineer requires.
(3)
(a) A filing fee must be submitted with the application.
(b) The state engineer shall establish the filing fee in accordance with Section 63J-1-504.
Amended by Chapter 107, 2010 General Session
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 3b - Groundwater Recharge and Recovery Act › Part 2 - Recharge and Recovery Permits › Section 205 - Issuance of recovery permit -- Criteria -- Conditions.

73-3b-205.
Issuance of recovery permit -- Criteria -- Conditions.
The state engineer:
(1) shall issue the recovery permit if the state engineer determines that:
(a) the proposed recovery of artificially recharged water will not impair any existing water right;
(b) the applicant is the holder of an approved recharge permit or recovery permit, or if the applicant does not hold the recharge permit, has a valid agreement with the owner of the recharge permit to divert and use the recovered water; and
(c) the recovery point of diversion is located within the area of hydrologic impact of the recharge project, as determined by the state engineer; and
(2) may attach to the permit any conditions the state engineer determines are appropriate.
Amended by Chapter 107, 2010 General Session
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 3b - Groundwater Recharge and Recovery Act › Part 2 - Recharge and Recovery Permits › Section 206 - Proof of completion, certification, or lapse of recovery permit.

Effective 5/5/2021
73-3b-206.
Proof of completion, certification, or lapse of recovery permit.
(1) Sixty days before the date on which the recovery permit will lapse under Subsection (3), the state engineer shall notify the applicant by mail, or send notice electronically if receipt is verifiable, when proof of completion is due.
(2)
(a) Before the date on which the recovery permit will lapse under Subsection (3), the applicant shall file proof of completion with the state engineer on a form furnished by the state engineer, which shall include documentation and a map prepared by a Utah licensed land surveyor or Utah licensed professional engineer that shows:
(i) the location and description of the recovery works constructed;
(ii) the method of recovering the artificially recharged water;
(iii) the facilities in place to recover and deliver the recovered water; and
(iv) the purpose and place of use of the recovered water.
(b) The state engineer may waive the filing of a map, profile, or drawing, if in the state engineer's opinion the written proof of completion adequately describes the works and the nature and extent of the recovery project.
(c) The completed proof shall conform to a rule established by the state engineer.
(3) A recovery permit will lapse if the recovery project is not completed within five years from the date of the recovery permit application's approval unless:
(a) the applicant requests an extension of time to complete the recovery project; and
(b) the state engineer approves the extension of time.
(4)
(a) The state engineer shall issue a recovery certificate if the recovery permittee has demonstrated to the state engineer's satisfaction that:
(i) the recovery project is perfected in accordance with the recovery permit; and
(ii) water is being recovered.
(b) The recovery certificate shall include:
(i) the name and post office address of the recovery permittee;
(ii) the works used to recover and deliver recovered water; and
(iii) other information that defines the extent and conditions of the recovery permit.
(c) A recovery certificate issued for a recovery permit need show no more than the facts shown in the proof of completion.
(d) A recovery certificate issued under this section does not extend the rights described in the recovery permit.
(e)
(i) The state engineer shall:
(A) retain and file one copy of the recovery certificate; and
(B) deliver one copy of the recovery certificate to the recovery permittee.
(ii) A recovery permittee shall file the recovery certificate with the county recorder of the county in which the water is recovered.
(f) The recovery certificate issued and filed under this section is prima facie evidence of the recovery permittee's right to the recovered water for the purpose, at the place, and during the time specified in the recovery certificate.
Amended by Chapter 81, 2021 General Session
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 3b - Groundwater Recharge and Recovery Act › Part 2 - Recharge and Recovery Permits › Section 207 - Assignment of permits.

73-3b-207.
Assignment of permits.
(1) A person who holds a recharge or recovery permit may not assign a permit to another person without the written approval of the state engineer.
(2) The state engineer must approve an assignment if the proposed assignee meets the requirements of Section 73-3b-202 or 73-3b-205, as applicable.
Enacted by Chapter 146, 1991 General Session
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 3b - Groundwater Recharge and Recovery Act › Part 2 - Recharge and Recovery Permits › Section 208 - Proposed new well -- Compliance with water well construction rules.

73-3b-208.
Proposed new well -- Compliance with water well construction rules.
An applicant for a recharge permit or recovery permit who intends to construct a new well to recharge or recover artificially recharged water must comply with Sections 73-3-25 and 73-3-26, and rules adopted under those sections, regarding the construction of water wells.
Amended by Chapter 107, 2010 General Session
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 3b - Groundwater Recharge and Recovery Act › Part 3 - Groundwater Recharge and Recovery Operations › Section 301 - Storage account -- Monitoring and reporting required.

73-3b-301.
Storage account -- Monitoring and reporting required.
(1) The state engineer shall establish a storage account for each groundwater recharge and recovery project for which a permit has been issued.
(2) In accordance with specifications of the state engineer, any person holding a groundwater recharge or recovery permit shall:
(a) monitor the operation of the project and its impact on land, the groundwater aquifer, and water rights within the project's area of hydrologic impact; and
(b) file reports with the state engineer regarding:
(i) the quantity of water stored and recovered; and
(ii) the water quality of the recharged water, receiving aquifer, and recovered water.
Enacted by Chapter 146, 1991 General Session
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 3b - Groundwater Recharge and Recovery Act › Part 3 - Groundwater Recharge and Recovery Operations › Section 302 - Fee.

73-3b-302.
Fee.
(1) The state engineer shall assess an annual fee, in accordance with Section 63J-1-504, on each person who holds a groundwater recharge or recovery permit.
(2) The fee shall reflect the division's costs to administer and monitor groundwater recharge and recovery projects.
Amended by Chapter 183, 2009 General Session
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 3b - Groundwater Recharge and Recovery Act › Part 3 - Groundwater Recharge and Recovery Operations › Section 303 - Modification of recharge or recovery permits.

73-3b-303.
Modification of recharge or recovery permits.
(1) The state engineer, on his own initiative or at the request of any person holding a recharge or recovery permit, may modify the conditions of the respective permit, if he finds that modifications are necessary and will not impair existing water rights or the water quality of the aquifer.
(2) Before any permit condition is modified, the state engineer may require notice to potentially impaired water users if he finds that the modification under consideration may impair existing water rights.
Enacted by Chapter 146, 1991 General Session
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 3b - Groundwater Recharge and Recovery Act › Part 4 - Enforcement and Penalties › Section 401 - Revocation or suspension of recharge and recovery permits.

73-3b-401.
Revocation or suspension of recharge and recovery permits.
The state engineer may:
(1) periodically review a project to determine if the person who holds the recharge or recovery permit is complying with the conditions of the permit; and
(2) permanently revoke or temporarily suspend a permit for good cause after an investigation and a hearing.
Enacted by Chapter 146, 1991 General Session
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 3b - Groundwater Recharge and Recovery Act › Part 4 - Enforcement and Penalties › Section 402 - Penalty.

73-3b-402.
Penalty.
(1) A person who violates Section 73-3b-103 is subject to a civil penalty in an amount not to exceed $10,000 per day.
(2) An action to recover damages under this section shall be brought by the state engineer in the district court in the county in which the violation occurred.
Enacted by Chapter 146, 1991 General Session
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 3c - Wastewater Reuse Act › Part 1 - General Provisions › Section 103 - Water reuse projects and the Great Salt Lake -- Exception.

Effective 5/3/2023
73-3c-103.
Water reuse projects and the Great Salt Lake -- Exception.
(1) Except as provided in Subsection (3) and notwithstanding the other provisions of this chapter, the director and the state engineer may not approve a water reuse project if the water related to the water reuse project would have otherwise been discharged into a tributary of the Great Salt Lake.
(2) The state engineer may, by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, define what is a tributary of the Great Salt Lake.
(3) This section does not apply to:
(a) a water right owned by the federal government;
(b) a water reuse project to supply water to the Great Salt Lake;
(c) a water reuse project approved subject to a water replacement plan; or
(d) water reuse project applications filed with the director and the state engineer before November 1, 2023, including any future renewals required under Section 19-5-108 for the water reuse project that are submitted after November 1, 2023.
Enacted by Chapter 176, 2023 General Session
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 3c - Wastewater Reuse Act › Part 2 - Permissible Reuse › Section 201 - Reuse by a public agency owning underlying water right.

73-3c-201.
Reuse by a public agency owning underlying water right.
(1) A public agency owning or operating a POTW that treats domestic wastewater consisting of water supplied under a water right the public agency owns may use, or contract for the use of, reuse water if:
(a) the water right is administered by the state engineer as a municipal water right;
(b) the reuse is consistent, under Subsection 73-3c-302(5), with the underlying water right; and
(c) the public agency receives approval in accordance with Sections 73-3c-301 and 73-3c-302.
(2) A change application shall be filed in accordance with Section 73-3-3 if the public agency proposes a water reuse that is inconsistent with the underlying water right.
Enacted by Chapter 179, 2006 General Session
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 3c - Wastewater Reuse Act › Part 2 - Permissible Reuse › Section 202 - Reuse by a public agency under a contract authorizing the use of water.

73-3c-202.
Reuse by a public agency under a contract authorizing the use of water.
(1) A public agency may use or contract for the use of reuse water if:
(a) the domestic wastewater consists of water for which the public agency has a reuse authorization contract;
(b) the water right is administered by the state engineer as a municipal water right;
(c) the reuse is consistent, under Subsection 73-3c-302(5), with the underlying water right; and
(d) the public agency receives approval in accordance with Sections 73-3c-301 and 73-3c-302.
(2) A change application shall be filed in accordance with Section 73-3-3 if the public agency proposes a water reuse that is inconsistent with the underlying water right.
Enacted by Chapter 179, 2006 General Session
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 3c - Wastewater Reuse Act › Part 3 - Approval Process › Section 301 - Application to the director.

Effective 5/3/2023
73-3c-301.
Application to the director.
(1)
(a) A public agency proposing a water reuse project shall apply to the director.
(b) Before applying for approval by the director of a water reuse project, the public agency shall obtain conditional approval of the water reuse project by the state engineer under Section 73-3c-302.
(2) The Water Quality Board may make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, governing the consideration and approval by the director of water reuse applications and administration of water reuse construction and operating permits.
(3) Rules made under Subsection (2) shall require that water reuse meet standards and requirements for water quality set by the Water Quality Board in accordance with Title 19, Chapter 5, Water Quality Act.
(4) The director shall issue a written decision for each water reuse application.
(5) The director may approve a water reuse project only after the state engineer has conditionally approved the water reuse project under Section 73-3c-302.
Amended by Chapter 176, 2023 General Session
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 3c - Wastewater Reuse Act › Part 3 - Approval Process › Section 303 - Inflow of unappropriated water -- Application to appropriate.

73-3c-303.
Inflow of unappropriated water -- Application to appropriate.
If domestic wastewater inflow to a POTW consists of any unappropriated infiltration water, a person may apply to the state engineer to appropriate the unappropriated infiltration water to a beneficial use in accordance with Section 73-3-8.
Enacted by Chapter 179, 2006 General Session
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 3c - Wastewater Reuse Act › Part 3 - Approval Process › Section 304 - Change in point of discharge.

Effective 5/3/2023
73-3c-304.
Change in point of discharge.
(1) The point of discharge of water from a POTW may be changed if the director determines that a change is necessary:
(a) for treatment purposes;
(b) to enhance environmental quality;
(c) to protect public health, safety, or welfare; or
(d) to comply with:
(i) rules created by the Water Quality Board in accordance with Section 19-5-104; or
(ii) the POTW's discharge permit.
(2) Before changing the point of discharge from a POTW under Subsection (1), the director shall consult with the state engineer.
Amended by Chapter 176, 2023 General Session
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 3c - Wastewater Reuse Act › Part 4 - Effect of Reuse › Section 401 - Priority of reuse water.

73-3c-401.
Priority of reuse water.
If the use of reuse water is consistent with the underlying water right, the priority of the reuse water is the same as the priority of the underlying water right.
Enacted by Chapter 179, 2006 General Session
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 3d - Water Preferences During Emergencies › Part 1 - General Provisions › Section 101 - Definitions.

Effective 5/3/2023
73-3d-101.
Definitions.
As used in this chapter:
(1) "Electric utility" means:
(a) a municipal electric utility, as defined in Section 10-19-102;
(b) an electric interlocal entity, as defined in Section 11-13-103;
(c) an energy services interlocal entity, as defined in Section 11-13-103;
(d) a project entity, as defined in Section 11-13-103;
(e) an electric improvement district, as defined in Section 17B-2a-406; or
(f) an electrical corporation, as defined in Section 54-2-1.
(2) "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.
(3) "Person entitled to make a request" means:
(a) the holder of an approved but unperfected application to appropriate water;
(b) the record owner of a perfected water right; or
(c) a person who provides water using an approved but unperfected application or a perfected water right with the written authorization of a person described in Subsection (3)(a) or (b).
(4) "Temporary water shortage emergency" means an interruption of water delivery for which the governor may declare an emergency in accordance with Section 73-3d-201.
Enacted by Chapter 126, 2023 General Session
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 3d - Water Preferences During Emergencies › Part 1 - General Provisions › Section 102 - Scope of chapter.

Effective 5/3/2023
73-3d-102.
Scope of chapter.
(1)
(a) The powers vested in the governor under this chapter are in addition to, and not in lieu of, any other emergency powers otherwise statutorily vested in the governor, including the power of the governor to authorize the use of water sources as necessary for fire suppression under Subsection 53-2a-204(1)(o).
(b) An executive order of the governor declaring a temporary water shortage emergency under this chapter is not a declaration of a state of emergency under Section 53-2a-206 and is not subject to Title 53, Chapter 2a, Part 2, Disaster Response and Recovery Act. To exercise an authority granted under Title 53, Chapter 2a, Part 2, Disaster Response and Recovery Act, related to a declaration of a state of emergency, the governor shall issue an executive order that is separate from an executive order declaring a temporary water shortage emergency.
(2) Nothing in this chapter modifies:
(a) the statutory duties of the state engineer under this title; or
(b) except as specifically provided in an executive order declaring a temporary water shortage emergency, Subsection 73-3-1(5)(a) or Section 73-3-21.1.
(3) Nothing in this chapter may be construed to extend or enlarge the powers of the governor except as specifically stated in this chapter.
Enacted by Chapter 126, 2023 General Session
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 3d - Water Preferences During Emergencies › Part 2 - Declaration of Temporary Water Shortage Emergency › Section 202 - Existing agencies to be used in implementation.

Effective 5/3/2023
73-3d-202.
Existing agencies to be used in implementation.
The governor shall use, to the extent practicable, existing state boards, commissions, or agencies, or officers or employees for the purpose of carrying out this chapter.
Enacted by Chapter 126, 2023 General Session
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 3d - Water Preferences During Emergencies › Part 3 - Preferences Under a Temporary Water Shortage Emergency › Section 301 - Preferences between persons using water.

Effective 5/3/2023
73-3d-301.
Preferences between persons using water.
(1) Notwithstanding Section 73-3-21.1, if the governor issues an executive order declaring a temporary water shortage emergency under this chapter:
(a) use of water is preferred over other water use during the time period of the temporary water shortage emergency under the executive order if the water is used in accordance with the executive order:
(i) for one or more of the following purposes, with preference exercised in the order listed:
(A) drinking;
(B) sanitation;
(C) fire suppression;
(D) commercial agriculture animal welfare needs; or
(E) generation of electricity; and
(ii) by one of the following:
(A) a public water supplier, as defined in Section 73-1-4;
(B) a military facility that was in operation on March 10, 2011;
(C) a commercial agriculture operation for purposes described in Subsection (1)(a)(i)(D); or
(D) an electric utility; and
(b) use of water for agricultural purposes, including irrigation, livestock watering, or food processing, is preferred over other rights, except as provided in Subsection (1)(a).
(2) A preference for fire suppression under Subsection (1) is in addition to the governor's authorization to use water sources as necessary for fire suppression under Subsection 53-2a-204(1)(o).
(3) The state engineer shall determine, consistent with the executive order declaring a temporary water shortage emergency, through a priority schedule, which water rights a person specified in the executive order as required by Subsection 73-3d-201(1)(c)(iv) may interrupt for purposes of this section.
(4)
(a) A person entitled to make a request who uses water preferentially during a temporary water shortage emergency shall measure the water taken preferentially during the temporary water shortage emergency.
(b) A duty to measure under this Subsection (4) does not replace or modify any other duty to measure water under this title or rules made under this title.
Enacted by Chapter 126, 2023 General Session
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 3d - Water Preferences During Emergencies › Part 3 - Preferences Under a Temporary Water Shortage Emergency › Section 302 - Emergency planning by a person requesting the declaration of a temporary water shortage emergency.

Effective 5/3/2023
73-3d-302.
Emergency planning by a person requesting the declaration of a temporary water shortage emergency.
A person entitled to make a request seeking a preference under Section 73-3d-301 by requesting that the governor declare a temporary water shortage emergency may exercise a preference under Section 73-3d-301 only if:
(1)
(a) the person entitled to make a request adopts an emergency response plan before the declaration of a temporary water shortage emergency if the person entitled to make a request is a community water system, as defined in Section 19-4-102, serving a population of more than 3,300; or
(b) the governor includes a statement in the executive order that the person entitled to make a request is eligible to exercise a preference under Section 73-3d-301 notwithstanding that the person entitled to make a request who is described in Subsection (1)(a) has not adopted an emergency response plan before the declaration of a temporary water shortage emergency; or
(2) the person entitled to make a request is not described in Subsection (1)(a).
Enacted by Chapter 126, 2023 General Session
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 3d - Water Preferences During Emergencies › Part 4 - Compensation › Section 401 - Definitions.

Effective 5/3/2023
73-3d-401.
Definitions.
As used in this part:
(1) "Arbitration" means a private hearing before a neutral or panel of neutrals from the department who hear the evidence, consider the contentions of the parties, and enters a written award to resolve the issues presented.
(2) "Commission" means the Conservation Commission created in Section 4-18-104.
(3) "Consequential damages" means the losses or injuries from the exercise of a preference under this chapter that result in material losses to an interrupted user and that are reasonably foreseeable to someone familiar with the industry where use is being made of the water at the time the preference is exercised, including:
(a) loss of sales or operating revenue;
(b) damage to equipment; or
(c) damage to capital facilities or operational assets.
(4) "Department" means the Department of Agriculture and Food.
(5) "Fund" means the Agriculture Resource Development Fund created in Section 4-18-106.
(6) "Interrupted user" means a person whose beneficial use of water is interrupted by the preferential use of water under this chapter, and is:
(a) the holder or lessee of an approved application to appropriate water that is interrupted;
(b) the record or equitable holder or lessee of a perfected water right that is interrupted; or
(c) the owner, lessor, or lessee of a right to use water that is represented by shares of stock in a mutual water company whose water rights are interrupted.
(7) "Mediation" means a private forum in which one or more impartial persons from the department facilitate communication between the interrupted user and the preferential user to promote a mutually acceptable resolution or settlement.
(8) "Preferential user" means a person specified in the executive order declaring a temporary water shortage emergency who uses water preferentially during the temporary water shortage emergency.
Enacted by Chapter 126, 2023 General Session
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 3d - Water Preferences During Emergencies › Part 4 - Compensation › Section 403 - Security requirements.

Effective 5/3/2023
73-3d-403.
Security requirements.
(1) As a condition of participating in mediation or arbitration under Section 73-3d-402, a person specified in the executive order declaring a temporary water shortage emergency shall post with the department a corporate surety bond, irrevocable letter of credit, trust fund agreement, or any other security agreement considered reasonable in an amount not less than $100,000.
(2) The bond or other security posted shall be conditioned upon:
(a) the faithful performance in mediation or arbitration; and
(b) the payment of amounts owed under Section 73-3d-402.
(3) If the department determines that the conditions of Subsection (2) are not met, the commissioner of the department shall bring an action upon the bond or other security.
Enacted by Chapter 126, 2023 General Session
2023 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
2023 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
2023 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
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 4 - Determination of Water Rights › Section 9 - Failure to file a statement of claim.

Effective 5/8/2018
73-4-9.
Failure to file a statement of claim.
(1) The filing of each statement of claim shall be considered notice to all persons of the claim of the party making the same, and failing to make and deliver such statement of claim to the state engineer or the district court within the time prescribed by Section 73-4-5, or as extended pursuant to Section 73-4-10, shall be considered evidence of an intent to abandon the right.
(2) If a claimant fails to timely file a statement of claim, as provided in this chapter, for a right not of record in the state engineer's office, the claimant is forever barred and estopped from subsequently asserting the unclaimed right.
(3) If the state engineer receives an untimely statement of claim, the state engineer shall return the claim to the claimant without further action.
(4) If an untimely statement of claim is filed with the court, the state engineer shall take no further action unless a claimant's failure to file a timely claim is excused pursuant to Subsection 73-4-9.5(3).
(5) Subsections (3) and (4) apply whether the untimely claim is asserted pursuant to Section 73-4-5 or 73-5-13.
Amended by Chapter 348, 2018 General Session
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 4 - Determination of Water Rights › Section 9.5 - List of unclaimed rights of record.

Effective 5/10/2016
73-4-9.5.
List of unclaimed rights of record.
(1) After the last day on which a claimant may file a statement of claim in accordance with Section 73-4-5, the state engineer shall:
(a) file with the court a list of unclaimed rights of record listing each water right of record in the state engineer's office for which a statement of claim was not timely filed, that includes:
(i) the water right number;
(ii) the point of diversion; and
(iii) the owner of the water right as recognized in the state engineer's records;
(b) serve notice of the list of unclaimed rights of record on all identified potential claimants that were served with a summons, in the same manner as provided in Subsection 73-4-11(1)(c); and
(c) hold a public meeting in the area covered by the division or subdivision to explain the list of unclaimed rights of record.
(2) A claimant who desires to object to the state engineer's list of unclaimed rights of record shall, within 90 days of the day on which the state engineer served the potential claimant notice of the list of unclaimed rights of record, file:
(a) a written objection to the list of unclaimed rights of record with the district court; and
(b) a statement of claim, as provided in this chapter, with the district court and the state engineer.
(3) The state engineer shall evaluate and make a recommendation in the proposed determination for a water right placed on the list of unclaimed rights of record if:
(a) the claimant files a timely objection to the list of unclaimed rights in accordance with Subsection (2); and
(b) the court determines that a claimant's failure to file a timely statement of claim is excused by:
(i) circumstances beyond the claimant's control;
(ii) mistake; or
(iii) any other reason justifying relief.
(4) If a claimant fails to file a timely statement of claim, as provided in this chapter, for a right of record in the state engineer's office and the failure to file a timely claim is not excused by the court as provided in Subsection (3), the claimant is forever barred and estopped from asserting the right to the use of water included in the list and the right shall be considered abandoned.
(5) After resolving all objections to the list of unclaimed rights of record, the court shall render a judgment for the list of unclaimed rights of record that:
(a) identifies any water rights on the list of unclaimed rights that are not abandoned because the court excuses the failure to file a statement of claim as provided in Subsection (3);
(b) adjudges the unclaimed rights abandoned; and
(c) may prohibit future claims from being filed for rights not of record in the state engineer's office, under this chapter and Section 73-5-13, in the general adjudication area, division, or subdivision.
Enacted by Chapter 72, 2016 General Session
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 4 - Determination of Water Rights › Section 10 - Amendment of pleadings -- Extensions of time.

Effective 5/10/2016
73-4-10.
Amendment of pleadings -- Extensions of time.
(1) The court shall have power to allow amendments to any petition, statement of claim, or pleading and to extend, upon due cause shown, the time for filing any other pleading, statement of claim, report, or objection.
(2) If the claimant files a written request for an extension of time to file a statement of claim within the 90-day period to file a statement of claim, the state engineer shall grant one 30-day extension, in writing.
Amended by Chapter 72, 2016 General Session
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 4 - Determination of Water Rights › Section 11 - Proposed determination by engineer to court -- Hydrographic survey map -- Notice -- Public meeting.

Effective 5/12/2020
73-4-11.
Proposed determination by engineer to court -- Hydrographic survey map -- Notice -- Public meeting.
(1) After full consideration of the statements of claims, records, and files, and after an examination of the river system or water source involved, the state engineer shall for the general adjudication area, division, or subdivision:
(a) complete a hydrographic survey map;
(b) prepare a proposed determination of all rights to the use of the water and file it with the district court;
(c) serve notice of completion of the proposed determination by publication and by mail, in accordance with Subsection 73-4-3(5), to each claimant of record in the state engineer's office within the general adjudication area, division, or subdivision, that includes:
(i)
(A) a copy of the proposed determination; or
(B) instructions on how to obtain or access an electronic copy of the proposed determination; and
(ii) a statement describing the claimant's right to file an objection to the proposed determination within 90 days after the day on which the notice of completion of the proposed determination is served; and
(d) hold a public meeting in the area, division, or subdivision covered by the proposed determination to explain the proposed determination to the claimants.
(2) A claimant who desires to object to the state engineer's proposed determination or an addendum to a proposed determination shall, within 90 days after the day on which the state engineer served the claimant with notice of completion of the proposed determination, file with the district court a short and plain written:
(a) statement showing that the claimant is entitled to relief, identifying the elements of the proposed determination to which the claimant objects; and
(b) demand for relief.
(3) The state engineer shall distribute the waters from the natural streams or other natural sources:
(a) in accordance with the proposed determination or modification to the proposed determination by court order until a final decree is rendered by the court; or
(b) if the right to the use of the waters has been decreed or adjudicated, in accordance with the decree until the decree is reversed, modified, vacated, or otherwise legally set aside.
(4) Following the proposed determination, the state engineer may prepare and file one or more addenda to one or more proposed determinations, provided the state engineer:
(a) files the addendum with the court;
(b) in the preamble, provides an explanation of the issues addressed in the addendum;
(c) serves the addendum, in the same manner as provided in Subsection (1)(c), on each owner of record, according to the state engineer's records, of a perfected water right authorizing the diversion of water from within the area, division, or subdivision covered by the addendum; and
(d) holds a public meeting in the same manner as provided in Subsection (1)(d).
Amended by Chapter 59, 2020 General Session
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 4 - Determination of Water Rights › Section 12 - Judgment -- In absence of contest.

Effective 5/4/2022
73-4-12.
Judgment -- In absence of contest.
(1) If no contest on the part of any claimant shall have been filed, the court shall render a judgment in accordance with such proposed determination, which shall:
(a) determine and establish the rights to the use of the water of said river system or water source; and
(b) set forth:
(i) the name of the person entitled to the use of the water;
(ii) the quantity of water in acre-feet or the flow of water in second-feet;
(iii) the time during which the water is to be used each year;
(iv) the name of the stream or other source from which the water is diverted;
(v) the point on the stream or other source where the water is diverted;
(vi) the priority date of the right; and
(vii) any other matters as will fully and completely define the rights of said claimants to the use of the water.
(2)
(a) The state engineer may seek an interlocutory judgment from the court on the rights to the use of water described in the proposed determination to which no contest or objection is filed.
(b) An interlocutory judgment entered by the court is binding on the state engineer and each claimant until a final judgment is entered under Section 73-4-15.
Amended by Chapter 71, 2022 General Session
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 4 - Determination of Water Rights › Section 13 - In case of contest -- Notice of hearing.

73-4-13.
In case of contest -- Notice of hearing.
If any contest or objection on the part of any claimant shall have been filed, as in this chapter provided, the court shall give not less than 15 days' notice to all claimants, stating when and where the matter will be heard.
No Change Since 1953
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 4 - Determination of Water Rights › Section 14 - Pleadings -- Expert assistance for court.

Effective 5/10/2016
73-4-14.
Pleadings -- Expert assistance for court.
(1) The statements of claim shall stand in the place of pleadings, and issues may be made thereon.
(2) Whenever requested so to do the state engineer shall furnish the court with any information which the state engineer may possess, or copies of any of the records of the state engineer's office which relate to the water of said river system or water source.
(3) The court may appoint referees, masters, engineers, soil specialists, or other persons.
(4) In all proceedings for the determination of the rights of claimants to the water of a river system or water source, the filed statements of claim shall be competent evidence of the facts stated therein unless the same are put in issue.
Amended by Chapter 72, 2016 General Session
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 4 - Determination of Water Rights › Section 15 - Judgment after hearing.

Effective 5/10/2016
73-4-15.
Judgment after hearing.
Upon the completion of the hearing, after objections filed, the court shall enter judgment that shall determine and establish the rights to the use of the water of the river system or water source as provided in Section 73-4-12.
Amended by Chapter 72, 2016 General Session