reglab/statecodes huggingface dataset:
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 4 - Determination of Water Rights › Section 16 - Appeals.

Effective 5/14/2019
73-4-16.
Appeals.
(1) There is a right of appeal from a final judgment of the district court to the Supreme Court as provided in Section 78A-3-102.
(2)
(a) There is a right of appeal to the Supreme Court from a district court order, judgment, or decree that resolves an objection filed in accordance with Section 73-4-9.5 or 73-4-11.
(b) The entry of a decree for a general adjudication area, division, or subdivision described in Section 73-4-1 is not a prerequisite to exercise the right to appeal described in Subsection (2)(a).
(3) The appeal shall be upon the record made in the district court, and may as in equity cases be on questions of both law and fact.
Amended by Chapter 158, 2019 General Session
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 4 - Determination of Water Rights › Section 17 - Certified copy of final judgment -- Filing.

73-4-17.
Certified copy of final judgment -- Filing.
Within 30 days after the entry of final judgment of the district court, or if an appeal is taken from a district court judgment, within 30 days after the final judgment on remittitur is entered, it shall be the duty of the clerk of the district court to deliver to the state engineer a certified copy of such judgment and to cause a certified copy thereof to be filed with the county recorder of each county in which the water adjudicated is diverted from its natural source and of each county where the water is applied. No filing fee shall be charged by either the state engineer or the county recorder.
Amended by Chapter 127, 1992 General Session
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 4 - Determination of Water Rights › Section 18 - General determination in court's discretion -- State to be made a party.

73-4-18.
General determination in court's discretion -- State to be made a party.
Whenever any civil action is commenced in the district court involving fewer than 10 water claimants or less than the major part of the rights to the use of water from any river system, lake, underground water basin, or other source, the court in its discretion may, if a general determination of the rights to the use of water from said water source has not already been made, proceed, as in this chapter provided, to make such a general determination. In any such action for the determination of water rights the state of Utah shall be joined as a necessary party.
No Change Since 1953
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 4 - Determination of Water Rights › Section 19 - Redetermination -- Bond of applicant.

73-4-19.
Redetermination -- Bond of applicant.
Wherever a general determination of water rights upon any river system or water source has been made by the district court, any claimant to the use of water from such river system or water source seeking a redetermination of water rights upon such river system or water source shall, before commencing any action for such redetermination or for the revision of any final judgment other than as provided in Section 73-4-1, furnish to the court in which such action is commenced and before the filing of any petition or complaint for such purpose, a good and sufficient bond, in a form and with sureties approved by the court, in a sum fixed by the court at least equal to twice the estimated costs which may arise in such action, conditioned that if final judgment after hearing, or after appeal should appeal be taken, is awarded against such claimant, then such claimant will pay all costs arising in such action and all damages to other parties thereto arising therefrom.
No Change Since 1953
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 4 - Determination of Water Rights › Section 20 - Revolving fund -- Money expended not assessable against water users -- Transfer of unexpended money to adjudication fund -- Payment of costs of determinations -- Money expended from adjudication fund not assessable against water users -- Surplus to remain in adjudication fund.

73-4-20.
Revolving fund -- Money expended not assessable against water users -- Transfer of unexpended money to adjudication fund -- Payment of costs of determinations -- Money expended from adjudication fund not assessable against water users -- Surplus to remain in adjudication fund.
Money heretofore expended from the state engineer's revolving fund in pending adjudications shall not be assessable against the water users. All money remaining and unexpended in the state engineer's revolving fund as of July 1, 1953, including money appropriated to the revolving fund for the biennium ending June 30, 1955, shall be transferred to a fund of the state engineer to be known as the adjudication fund. The revolving fund shall be closed out upon such transfer of money. The state engineer shall pay all costs of determinations with money appropriated to the office of the state engineer and deposited in the adjudication fund and with money transferred to such fund as provided above. The money expended from such fund shall not be assessable against the water users. Any money remaining in such fund at the end of the biennium shall not revert to the general fund but shall remain in the adjudication fund until expended.
Amended by Chapter 131, 1953 Special Session C
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 4 - Determination of Water Rights › Section 21 - Duty to update address and ownership -- Duty to follow court proceedings -- Additional notice.

Effective 5/10/2016
73-4-21.
Duty to update address and ownership -- Duty to follow court proceedings -- Additional notice.
(1) After the service of summons in the manner prescribed by Section 73-4-4, it shall be the duty of every person served individually or by publication to:
(a) record any change in address or water right ownership with the state engineer; and
(b) follow all court proceedings.
(2) Except as provided in Subsection (3), the state engineer is not required to provide any further or additional notice except the notice:
(a) that the statement of claim is due as prescribed by Section 73-4-3;
(b) of the list of unclaimed rights of record, as described in Section 73-4-9.5; and
(c) of the proposed determinations as provided by Section 73-4-11.
(3) The district court may require notice of other proceedings to be given when, in the judgment of the court, it considers notice necessary.
Amended by Chapter 72, 2016 General Session
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 4 - Determination of Water Rights › Section 23 - Effective date of amendatory act -- Application to pending suits -- State engineer's certificate.

73-4-23.
Effective date of amendatory act -- Application to pending suits -- State engineer's certificate.
This act shall be effective 60 days from its enactment and shall apply to all suits now pending under Title 73, Chapter 4, Determination of Water Rights, Utah Code Annotated 1953, except those proceedings under which the state engineer has by the effective date hereof completed his survey, and it is expressly provided that those actions where the state engineer has by the effective date of this act completed his survey may proceed to completion under the procedure prescribed by the statutes heretofore existing. The state engineer shall within 10 days after the effective date of this act file with the clerk of the court in each action then pending under Title 73, Chapter 4, Determination of Water Rights, Utah Code Annotated 1953, a certificate under the seal of his office stating whether or not he has completed the survey so that all persons will have notice and can know whether or not this act is applicable to such existing suit.
No Change Since 1953
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 4 - Determination of Water Rights › Section 24 - Petition for expedited hearing of objection -- Petition for limited determination.

Effective 5/10/2016
73-4-24.
Petition for expedited hearing of objection -- Petition for limited determination.
(1) A claimant to the use of water may petition the court to expedite the hearing of a valid, timely objection to a report and proposed determination prepared in accordance with Section 73-4-11 in which the claimant has a direct interest.
(2) A petition under Subsection (1) shall identify any party directly affected by the objection, if known to the claimant, and state why the hearing of the objection should be expedited.
(3) A petitioner under Subsection (1) shall notify those affected by the petition as directed by the court.
(4) The court may grant a petition under Subsection (1) if:
(a) the court finds that the expedited hearing is necessary in the interest of justice;
(b) granting the petition will facilitate a reasonably prompt resolution of the matters raised in the objection; and
(c) granting the petition does not prejudice the right of another claimant.
(5) During the pendency of a general adjudication suit, a claimant or group of claimants may petition the court to direct the state engineer to prepare a proposed determination and hydrographic survey map for a limited area within the general adjudication area in which the claimant or group of claimants has a claim.
(6) The court may grant a petition under Subsection (5) if:
(a) the claimant or group of claimants will suffer prejudice if the petition is not granted;
(b) the matters raised by the claimant or group of claimants are proper for determination in a general adjudication;
(c) granting the petition will not unduly burden the state engineer's resources; and
(d) granting the petition will not unduly interfere with the state engineer's discretion to allocate resources for the preparation of another proposed determination.
(7) If the court grants a petition under this section, the state engineer shall comply with this chapter in satisfying the court's order.
Amended by Chapter 72, 2016 General Session
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 5 - Administration and Distribution › Section 1.5 - Water Commissioner Fund.

Effective 1/1/2016
73-5-1.5.
Water Commissioner Fund.
(1) There is created an expendable special revenue fund known as the "Water Commissioner Fund."
(2) The fund consists of assessments paid to the state engineer by water users pursuant to Subsection 73-5-1(3).
(3)
(a) The fund shall earn interest.
(b) Interest earned on fund money shall be deposited into the fund.
(4) The state engineer shall use fund money to pay for salary and expenses of water commissioners and other expenses related to the distribution of water specified in Subsection 73-5-1(3).
Amended by Chapter 401, 2015 General Session
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 5 - Administration and Distribution › Section 3 - Control by engineer of division and distribution under judgments.

Effective 5/13/2014
73-5-3.
Control by engineer of division and distribution under judgments.
(1) The state engineer or the state engineer's designee shall carry into effect a judgment of a court in relation to the division, distribution, or use of water under the provisions of this title.
(2) The state engineer shall:
(a) divide water among several appropriators entitled to the water in accordance with the right of each appropriator;
(b) regulate and control the use of the water by closing or partially closing a head gate, cap, valve, or other controlling work of a ditch, canal, pipe, flume, well or tunnel, or other means of diversion to prevent the waste of water or its use in excess of the quantity to which an appropriator is lawfully entitled; and
(c) regulate a controlling work of reservoirs in accordance with the provisions of this title.
(3)
(a) If the state engineer regulates a head gate, cap, valve, or other controlling work of a ditch, canal, pipe, flume, well or tunnel, or other means of diversion, or the controlling work of a reservoir, the state engineer may attach to the controlling work a written notice, properly dated and signed, setting forth that the controlling work has been properly regulated and is wholly under the state engineer's control.
(b) The notice provided under Subsection (3)(a) shall be a legal notice, as to the facts contained in the notice, to all parties interested in the division and distribution of the water of the ditch, canal, pipe, flume, well or tunnel, or other means of diversion, or reservoir.
(4)
(a) If the state engineer is required to enter upon private property to carry out the provisions of this title and is refused by the owner or possessor of the property the right of entry, the state engineer may petition the district court for an order granting a right of entry.
(b) After notice and hearing the court may grant the state engineer a right of entry, on security given by the state engineer to pay the owner of the property for all damage caused by the entry.
Amended by Chapter 369, 2014 General Session
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 5 - Administration and Distribution › Section 4 - Controlling works and measuring devices.

73-5-4.
Controlling works and measuring devices.
(1) To assist the state engineer or water commissioner in the regulation, distribution, and measurement of water, a person using water in this state, except as provided by Subsection (4), shall construct or install and maintain controlling works and a measuring device at:
(a) each location where water is diverted from a source; and
(b) any other location required by the state engineer.
(2) A person using water in this state shall make the controlling works and measuring device accessible to the state engineer or water commissioner.
(3) The state engineer shall approve the design of:
(a) the measuring device; and
(b) controlling works so that the state engineer or a water commissioner may regulate and lock the works.
(4) A person using water as an instream flow:
(a) shall install and maintain a measuring device or stream gauging station in the section of the stream within which the instream flow is maintained; and
(b) is not required to install controlling works unless the state engineer's order approving the application requires the installation because controlling works are necessary to achieve the purpose of the application.
(5)
(a) An owner or manager of a reservoir shall construct and maintain a measuring device as directed by the state engineer to measure the inflow, storage content, and outflow from the reservoir.
(b) The state engineer shall approve the design and location of the measuring device.
(c) The owner or manager of a reservoir shall make the measuring device accessible to the state engineer or water commissioner.
(6) If a water user refuses or neglects to construct or install the controlling works or measuring device after 30 days' notice to do so by the state engineer, the state engineer may:
(a) forbid the use of water until the user complies with the state engineer's requirement; and
(b) commence enforcement proceedings authorized by Section 73-2-25.
Amended by Chapter 311, 2008 General Session
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 5 - Administration and Distribution › Section 7 - Inspection of ditches and diverting works by engineer.

Effective 5/9/2017
73-5-7.
Inspection of ditches and diverting works by engineer.
(1)
(a) The state engineer shall have authority to examine and inspect any ditch or other diverting works, and at the time of such inspection, the state engineer may order the owners thereof to make any addition or alteration that the state engineer considers necessary for the security of such works, the safety of persons, or the protection of property.
(b) If any person, firm, copartnership, association, or corporation refuses or neglects to comply with the requirements of the state engineer as described in Subsection (1)(a), the state engineer may bring action in the name of the state in the district court to enforce the order.
(2)
(a) The state engineer shall, to the extent reasonably practicable, by July 1, 2019, inventory and maintain a list of all open, human-made water conveyance systems that carry 5 cubic feet per second or more in the state, including the following information on each conveyance system:
(i) alignment;
(ii) contact information of the owner;
(iii) maximum flow capacity in cubic feet per second;
(iv) whether the conveyance system is used for flood or storm water management; and
(v) notice of the adoption of a management plan for the conveyance system as reported to the Division of Water Resources under Section 73-10-33.
(b) In counties of the first or second class, the state engineer shall include in the inventory described in Subsection (2)(a) any enclosed segments of each open, human-made water conveyance system.
(3) The owner of an open, human-made water conveyance system that carries 5 cubic feet per second or more shall inform the state engineer if the information described in Subsection (2) changes.
(4) The state engineer:
(a) may contract with a local conservation district created in Title 17D, Chapter 3, Conservation District Act, to fulfill the duties described in Subsection (2); and
(b) may contract a local conservation district created in Title 17D, Chapter 3, Conservation District Act, to provide technical support for a canal owner who is adopting a management plan, as described in Section 73-10-33.
Amended by Chapter 410, 2017 General Session
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 5 - Administration and Distribution › Section 8 - Audits -- Reports by users to engineer.

Effective 5/10/2016
73-5-8.
Audits -- Reports by users to engineer.
(1) The Division of Water Rights shall, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, make rules specifying:
(a) what water use data a person shall report, pursuant to this section; and
(b) how the Division of Water Rights shall validate the data described in Subsection (1)(a).
(2) The Division of Water Rights may collect and validate water use data.
(3) Every person using water from any river system or water source, when requested by the state engineer, shall within 30 days after such request report to the state engineer in writing:
(a) the nature of the use of any such water;
(b) the area on which used;
(c) the kind of crops to be grown;
(d) water elevations on wells or tunnels; and
(e) quantity of water used.
Amended by Chapter 58, 2016 General Session
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 5 - Administration and Distribution › Section 9 - Powers of state engineer as to waste, pollution, or contamination of waters.

73-5-9.
Powers of state engineer as to waste, pollution, or contamination of waters.
(1) To prevent waste, loss, pollution, or contamination of any waters whether above or below the ground, the state engineer may require the repair or construction of head gates or other devices on ditches or canals, and the repair or installation of caps, valves, or casings on any well or tunnel or the plugging or filling thereof to accomplish the purposes of this section.
(2) Any requirement made by the state engineer in accordance with this section shall be executed by and at the cost and expense of the owner, lessee or person having control of such diverting works affected.
(3) If within 10 days after notice of such requirement as provided in this section, the owner, lessee or person having control of the water affected, has not commenced to carry out such requirement, or if he has commenced to comply therewith but shall not thereafter proceed diligently to complete the work, the state engineer may forbid the use of water from such source until the user thereof shall comply with such requirement.
(4) Failure to comply with any requirement made by the state engineer under this section is a crime punishable under Section 73-2-27 if the failure to comply is knowing or intentional.
(5) Each day that such violation is permitted to continue shall constitute a separate offense.
Amended by Chapter 215, 2005 General Session
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 5 - Administration and Distribution › Section 14 - Determination by the state engineer of watershed to which particular source is tributary -- Publications of notice and result -- Hearing -- Judicial review.

Effective 5/3/2023
73-5-14.
Determination by the state engineer of watershed to which particular source is tributary -- Publications of notice and result -- Hearing -- Judicial review.
(1) The state engineer may determine for administrative and distribution purposes the watershed to which any particular stream or source of water is tributary.
(2) A determination under Subsection (1) may be made only after publication of notice to the water users.
(3) Publication of notice under Subsection (2) shall be made:
(a) for every county in the state in which any rights might be affected, as a class A notice under Section 63G-30-102, for at least five weeks before the date of the hearing described in Subsection (4); and
(b) in accordance with Section 45-1-101 for five weeks.
(4) The state engineer shall fix the date and place of hearing and at the hearing any water user shall be given an opportunity to appear and adduce evidence material to the determination of the question involved.
(5)
(a) The state engineer shall publish the result of the determination as provided in Subsections (3)(a) and (b), and the notice of the decision of the state engineer shall notify the public that any person aggrieved by the decision may appeal the decision as provided by Section 73-3-14.
(b) The notice under Subsection (5)(a) shall be considered to have been given so as to start the time for appeal upon completion of the publication of notice.
Amended by Chapter 435, 2023 General Session
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 5 - Administration and Distribution › Section 16 - State engineer to publish maps.

Effective 1/1/2021
73-5-16.
State engineer to publish maps.
The state engineer shall publish conspicuously on the state engineer's website a map a municipality submits in accordance with Subsection 10-7-14(3)(a).
Enacted by Chapter 99, 2019 General Session
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 5 - Administration and Distribution › Section 17 - River distribution accounting report.

Effective 5/4/2022
73-5-17.
River distribution accounting report.
(1) As used in this section:
(a) "Natural flow" means the computed amount of water available within a defined portion of a river system.
(b) "River system" means a portion of a natural stream and its tributaries where regulation and accounting are required.
(2) The state engineer may conduct a review of distribution and accounting procedures on a river system in the state.
(3) After conducting the review described in Subsection (2), the state engineer shall provide a report identifying:
(a) actively administered:
(i) water rights;
(ii) diversions; and
(iii) reservoirs;
(b) accounting practices, including:
(i) computation of natural flow;
(ii) apportionment of natural flow to individual water rights;
(iii) storage delivery and loss of storage;
(iv) accounting for imports and exports; and
(v) system losses including:
(A) conveyance losses; and
(B) reservoir losses;
(c) recommendations for:
(i) additional measurement and automation; and
(ii) refinement of distribution or accounting practices in accordance with:
(A) existing water rights;
(B) the prior appropriation doctrine; and
(C) relevant court decrees; and
(d) the data and computations relied upon to provide the information described in Subsections (3)(a) through (c).
(4) The state engineer shall make the report described in Subsection (3) available to the public on the Division of Water Rights website annually at least one week prior to the annual distribution system meeting.
Enacted by Chapter 75, 2022 General Session
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 5a - Dam Safety › Part 1 - General Provisions › Section 101 - Power of state engineer to regulate dams.

Effective 5/14/2019
73-5a-101.
Power of state engineer to regulate dams.
(1) The state engineer has the authority to regulate the safety of dams for the purpose of protecting public safety.
(2) To protect life and property, the state engineer may make rules controlling the construction and operation of dams, including rules controlling:
(a) design;
(b) maintenance;
(c) repair;
(d) removal; and
(e) abandonment.
(3) The state engineer may by rule exempt from this chapter any dam that:
(a) impounds less than 20 acre-feet of water and does not constitute a threat to human life if it fails; or
(b) does not constitute a threat to human life and would result in only minor damage to property of the owner if it fails.
Amended by Chapter 168, 2019 General Session
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 5a - Dam Safety › Part 1 - General Provisions › Section 102 - Chapter does not apply to certain federal dams and reservoirs.

73-5a-102.
Chapter does not apply to certain federal dams and reservoirs.
This chapter does not apply to works owned by the United States Bureau of Reclamation. However, the Bureau of Reclamation shall file plans, drawings, and specifications of its works with the state engineer.
Amended by Chapter 264, 1996 General Session
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 5a - Dam Safety › Part 1 - General Provisions › Section 103 - Liability of owner or operator.

73-5a-103.
Liability of owner or operator.
(1) Nothing in this chapter shall be construed to relieve an owner or operator of a dam or reservoir of the legal duties, obligations, or liabilities incident to the ownership or operation of the dam or reservoir.
(2) The owner or operator of a dam or reservoir may not be held to be strictly liable for any act or omission incident to the construction, ownership, or operation of the dam or reservoir.
Amended by Chapter 264, 1996 General Session
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 5a - Dam Safety › Part 1 - General Provisions › Section 104 - Qualifications of persons designing dams.

73-5a-104.
Qualifications of persons designing dams.
Each plan for the construction, enlargement, repair, alteration, or removal of any dam in this state shall be prepared by a qualified engineer who is:
(1) licensed in Utah; and
(2) experienced in dam design and construction.
Enacted by Chapter 319, 1990 General Session
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 5a - Dam Safety › Part 1 - General Provisions › Section 105 - Independent consultants -- Owner to pay costs.

73-5a-105.
Independent consultants -- Owner to pay costs.
(1) The state engineer may require the owner of a dam or proposed dam to obtain the services of an independent consultant or team of consultants approved by the state engineer to consult regarding the adequacy of the design, construction, or operation of the dam if safety considerations pertaining to the design, construction, or operation of the dam warrant an independent review.
(2) The state engineer shall make rules specifying:
(a) the safety considerations that will be considered in determining if an independent review is required;
(b) the requisite qualifications and experience of the independent consultants; and
(c) the timing of the consultants' review so that their recommendations are made in a timely manner.
(3)
(a) The independent consultants shall be considered to be the agents of the owner of the dam.
(b) The costs of the independent consultants' services shall be paid by the owner of the dam.
(c) The owner of the dam may require the independent consultants to consider other issues, in addition to safety considerations, such as:
(i) design selections or alternatives;
(ii) site selection;
(iii) cost effectiveness; or
(iv) other tasks as defined by the contract.
Enacted by Chapter 319, 1990 General Session
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 5a - Dam Safety › Part 1 - General Provisions › Section 106 - Dams classified according to hazard and use.

73-5a-106.
Dams classified according to hazard and use.
(1) Dams shall be classified according to hazard and use.
(2) Hazard classifications are as follows:
(a) high hazard - those dams which, if they fail, have a high probability of causing loss of human life or extensive economic loss, including damage to critical public utilities;
(b) moderate hazard - those dams which, if they fail, have a low probability of causing loss of human life, but would cause appreciable property damage, including damage to public utilities; and
(c) low hazard - those dams which, if they fail, would cause minimal threat to human life, and economic losses would be minor or limited to damage sustained by the owner of the structure.
(3) Use classifications are as follows:
(a) water storage - dams which impound water for prolonged periods, including those built for irrigation, power generation, water supply, aquatic culture, and recreation;
(b) flood control - dams constructed to operate only during significant runoff events and which impound water for a small percentage of time, including those built for flood control or sediment control and debris basins;
(c) tailings - dams in which a large component of the material impounded consists of saturated solids; and
(d) other - dams which impound a minimal amount of water or where the head behind the dam is minimal, including stock ponds, wash water ponds, recirculated process water ponds, regulating reservoirs, and diversion dams.
Amended by Chapter 264, 1996 General Session
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 5a - Dam Safety › Part 2 - Procedures for the Approval of Dam Construction Plans › Section 201 - Approval of state engineer necessary to construct, alter, or abandon dams.

73-5a-201.
Approval of state engineer necessary to construct, alter, or abandon dams.
No person may construct, enlarge, repair, alter, remove, or abandon any dam or reservoir without obtaining written approval from the state engineer. Routine maintenance of the structure does not require approval from the state engineer.
Enacted by Chapter 319, 1990 General Session
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 5a - Dam Safety › Part 2 - Procedures for the Approval of Dam Construction Plans › Section 202 - Submission of plans.

73-5a-202.
Submission of plans.
(1) Before a dam is constructed, enlarged, repaired, altered, removed, or abandoned, plans for the work shall be submitted to the state engineer for his approval, unless the dam:
(a) impounds less than 20 acre-feet of water; and
(b) is not classified as a high hazard structure under Section 73-5a-106.
(2)
(a) The plans shall be submitted 90 days before:
(i) awarding the construction contract; or
(ii) the commencement of construction, if the owner constructs the dam.
(b) The state engineer may shorten the 90-day review period if the owner and the design engineer submit satisfactory preliminary plans and design reports for review.
(3) The state engineer may waive the requirement of plans if it can be demonstrated that failure of the proposed dam:
(a) does not constitute a threat to human life; and
(b) may result in only minor property damage that would be limited to property held by the owner of the structure.
Amended by Chapter 177, 2009 General Session
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 5a - Dam Safety › Part 2 - Procedures for the Approval of Dam Construction Plans › Section 203 - Review of plans.

73-5a-203.
Review of plans.
(1) The state engineer shall establish a formal written procedure for the review of plans submitted pursuant to Section 73-5a-202. Plans shall be reviewed according to:
(a) design criteria which the state engineer shall specify in rules; and
(b) data or criteria generally accepted by the general dam design community.
(2) Upon review of the plans, the state engineer will:
(a) approve them with appropriate conditions;
(b) reject them; or
(c) return them for correction.
(3) The state engineer shall document each review indicating:
(a) how the plans were reviewed; and
(b) his evaluation of the plans.
Enacted by Chapter 319, 1990 General Session
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 5a - Dam Safety › Part 2 - Procedures for the Approval of Dam Construction Plans › Section 204 - Application for approval.

73-5a-204.
Application for approval.
(1) If the submission of plans is not required by Subsection 73-5a-202(1) or is waived pursuant to Subsection 73-5a-202(3), approval to construct, enlarge, repair, alter, remove, or abandon the dam must be obtained by submitting an application to the state engineer.
(2) The application shall contain:
(a) the location of the dam;
(b) physical dimensions of the dam;
(c) water rights attached to the dam; and
(d) any other information or drawings as required by the state engineer to evaluate the application.
(3) Upon review, the application will be approved, rejected, or approved with conditions.
Amended by Chapter 5, 1991 General Session
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 5a - Dam Safety › Part 2 - Procedures for the Approval of Dam Construction Plans › Section 205 - Approvals void after one year if construction delayed -- Exceptions.

73-5a-205.
Approvals void after one year if construction delayed -- Exceptions.
(1) Any approval granted under Section 73-5a-203 is void one year after the date of approval if construction has not started.
(2) The state engineer may extend the approval in one year increments:
(a) upon a showing of reasonable cause for delay; and
(b) provided state-of-the-art design criteria has not changed in the intervening period.
Enacted by Chapter 319, 1990 General Session
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 5a - Dam Safety › Part 3 - Construction Inspections › Section 301 - Inspections to insure compliance with plans -- Duties and costs of owners -- Weekly reports.

73-5a-301.
Inspections to insure compliance with plans -- Duties and costs of owners -- Weekly reports.
(1) During construction, enlargement, repair, alteration, or removal of any dam:
(a) the state engineer, his staff, or an independent consultant shall make periodic inspections of the work for the purpose of ascertaining compliance with the approved plans and specifications; and
(b) the owner of the dam shall:
(i) conduct tests that the state engineer determines are necessary;
(ii) provide adequate supervision of the work by an engineer licensed by the state who has experience in dam design and construction; and
(iii) disclose information sufficient to enable the state engineer to determine that the work is being done in conformance with the approved plans and specifications.
(2) Costs of any work or tests required by the state engineer shall be paid by the owner of the dam.
(3) The engineer who is supervising the work pursuant to Subsection (1)(b)(ii) is required to submit a report weekly to the state engineer. Each report shall show the work accomplished during the previous week and summarize the results of any material testing.
Enacted by Chapter 319, 1990 General Session
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 5a - Dam Safety › Part 3 - Construction Inspections › Section 302 - Failure to conform to plans.

73-5a-302.
Failure to conform to plans.
(1) If at any time during construction, enlargement, repair, alteration, or removal of any dam the state engineer finds that the work is not being done in accordance with the approved plans and specifications, he shall:
(a) notify the owner of the failure to comply;
(b) order the owner to effect compliance with the plans and specifications; or
(c) approve the modification to the approved plans and specifications.
(2) The state engineer may order that no further work be done until compliance has been effected and approved by him.
(3) A failure to comply with the approved plans and specifications shall render the approval subject to revocation by the state engineer. If compliance is not effected in a reasonable time, the state engineer may order the incomplete structure removed in order to eliminate any safety hazard to life or property.
Enacted by Chapter 319, 1990 General Session
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 5a - Dam Safety › Part 3 - Construction Inspections › Section 303 - Circumstances under which the plan must be modified or the approval revoked.

73-5a-303.
Circumstances under which the plan must be modified or the approval revoked.
(1) If at any time during construction, enlargement, repair, alteration, or removal of a dam the state engineer finds that the conditions encountered differ appreciably from those assumed in the plan, he may require the plans to be modified.
(2) If conditions are revealed which will not permit the construction of a safe dam, the state engineer shall revoke the approval.
Enacted by Chapter 319, 1990 General Session
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 5a - Dam Safety › Part 3 - Construction Inspections › Section 304 - Final inspection.

73-5a-304.
Final inspection.
(1) Following construction and prior to impounding any water, the state engineer shall undertake a final inspection of the project.
(2) A written final approval of the project shall be issued if:
(a) the state engineer determines that:
(i) the project was constructed in accordance with plans approved by the state engineer under Sections 73-5a-203 and 73-5a-303; and
(ii) during construction, inspections and tests were conducted as required by Section 73-5a-301; and
(b) the emergency action plan and standard operating plan meet the requirements set forth in rules adopted by the state engineer.
(3)
(a) The state engineer may require the owner to:
(i) submit a formal operating plan for the initial filling of the reservoir; or
(ii) follow certain procedures during the initial filling of the reservoir.
(b) Failure to submit the operating plan or follow the specified procedures shall result in revocation of the final approval.
Enacted by Chapter 319, 1990 General Session
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 5a - Dam Safety › Part 4 - Operations › Section 401 - Records and reports.

73-5a-401.
Records and reports.
The state engineer may make rules requiring the owner of any dam to:
(1) maintain records pertaining to the construction, operation, or maintenance of the dam; or
(2) submit:
(a) reports to the state engineer regarding maintenance, operation, or instrumentation readings; or
(b) any other data considered necessary by the state engineer.
Enacted by Chapter 319, 1990 General Session
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 5a - Dam Safety › Part 4 - Operations › Section 402 - Standard operating plans required.

73-5a-402.
Standard operating plans required.
The owner of each dam shall prepare a standard operating plan for the dam. In the case of a dam in operation prior to May 1, 1991, the standard operating plan shall be submitted to the state engineer for his approval by May 1, 1994. In the case of any dam beginning operations on or after May 1, 1991, the standard operating plan shall be submitted to the state engineer for his approval prior to the final inspection.
Enacted by Chapter 319, 1990 General Session
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 5a - Dam Safety › Part 4 - Operations › Section 403 - State engineer to specify contents of standard operating plans.

73-5a-403.
State engineer to specify contents of standard operating plans.
By May 1, 1991, the state engineer shall adopt rules specifying the contents of standard operating plans.
Enacted by Chapter 319, 1990 General Session
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 5a - Dam Safety › Part 5 - Inspection of Dams › Section 501 - State engineer to inspect dams.

Effective 5/14/2019
73-5a-501.
State engineer to inspect dams.
(1) The state engineer shall inspect each dam that in the state engineer's opinion, if it failed:
(a) poses a threat to human life; or
(b) could cause significant property damage.
(2) An inspection required by Subsection (1) shall occur:
(a) at increments commensurate with the relative risk to life and property; and
(b) not less than once every five years.
(3) The state engineer may inspect a dam that is not exempt from regulation by this chapter.
Amended by Chapter 168, 2019 General Session
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 5a - Dam Safety › Part 5 - Inspection of Dams › Section 502 - Legislative findings -- Immunity from suit -- State engineer to set minimum standards for existing high hazard dams -- Exceptions -- Investigations and plans for compliance with minimum standards.

73-5a-502.
Legislative findings -- Immunity from suit -- State engineer to set minimum standards for existing high hazard dams -- Exceptions -- Investigations and plans for compliance with minimum standards.
(1) The Legislature finds that:
(a) it is in the interest of the people of the state to improve the safety of existing dams;
(b) mutual irrigation companies and water users associations cannot afford to bring dams into conformance with the state's current minimum safety standards without financial assistance from the state;
(c) due to limited financial, physical, and human resources, it is necessary to establish priorities for the upgrade of dams; and
(d) the state and its officers and employees are immune from suit for any injury or damage resulting from the exercise or performance or the failure to exercise or perform any function pursuant to this chapter.
(2) The state engineer shall establish minimum standards for existing high hazard dams by rule. The standards for existing high hazard dams may differ from the design criteria established for new construction.
(3) No seismic standards shall be established for existing high hazard dams within the flood control use classification.
(4)
(a) In implementing this section, the state engineer will develop a priority list of high hazard dams. The list will be determined by calculating the relative anticipated breach flows in the event of a dam failure. The dams will be ranked from the largest breach flow to the smallest for all high hazard dams.
(b) The state engineer shall investigate annually 25 dams on the priority list in order of their ranking to determine in what areas they are deficient or do not meet minimum standards.
(c) Once a determination is made, the owner will be notified that the owner will be required to undertake investigations to determine requirements necessary to bring the dam into compliance with minimum standards.
(d) Once the owner has been informed of the deficiencies of the dam, the owner will be given 90 days to respond, in writing, as to what steps the owner is taking to investigate the deficiencies and the time required to complete the investigations.
(e) The state engineer will review the proposal, and if it appears reasonable, will approve it.
(5) The state engineer may not require any mutual irrigation company or water users association to upgrade a dam in conformance with minimum standards, unless a grant to pay for 80% of the costs is made available from the Board of Water Resources.
Amended by Chapter 264, 1996 General Session
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 5a - Dam Safety › Part 5 - Inspection of Dams › Section 503 - Owners required to perform maintenance -- Orders to protect life and property.

Effective 5/14/2019
73-5a-503.
Owners required to perform maintenance -- Orders to protect life and property.
(1) Following an inspection, the state engineer shall specify what maintenance is necessary to keep the dam and appurtenant structures in satisfactory condition, and the owner of the dam shall be responsible for that maintenance.
(2) Depending upon the severity of problems specified under Subsection (1), the state engineer may issue orders for:
(a) engineering studies;
(b) repairs;
(c) storage limitations;
(d) removal of the dam;
(e) breaching of the dam; or
(f) any other remedy the state engineer determines is appropriate to protect life and property.
Amended by Chapter 168, 2019 General Session
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 5a - Dam Safety › Part 6 - Emergencies › Section 601 - Emergency action plans required.

73-5a-601.
Emergency action plans required.
(1) The owner of any dam which, in the state engineer's opinion, may pose a threat to life or cause significant damage to property if it fails shall prepare a plan of action to be implemented when an emergency involving the dam occurs.
(2) In the case of a dam in operation prior to May 1, 1991, the emergency action plan shall be submitted to the state engineer for his approval by May 1, 1994.
(3) In the case of a dam beginning operations on or after May 1, 1991, the emergency action plan shall be submitted to the state engineer prior to the date of the final inspection.
Enacted by Chapter 319, 1990 General Session
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 5a - Dam Safety › Part 6 - Emergencies › Section 602 - State engineer to specify contents of emergency action plans.

73-5a-602.
State engineer to specify contents of emergency action plans.
By May 1, 1991, the state engineer shall adopt rules specifying the contents of an emergency action plan.
Enacted by Chapter 319, 1990 General Session
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 5a - Dam Safety › Part 6 - Emergencies › Section 603 - Emergency power of state engineer.

73-5a-603.
Emergency power of state engineer.
(1) The state engineer may intervene during dam emergencies if the owner of the dam cannot be found or is unwilling to take appropriate action. Intervention may occur only when, in the judgment of the state engineer, the condition of any dam is so dangerous to the safety of life or property as to not permit time for issuance and enforcement of any order.
(2) Emergency actions may include:
(a) alerting appropriate public safety entities of the problem;
(b) draining the reservoir;
(c) hiring personnel or leasing equipment to undertake emergency operations; or
(d) taking other steps considered necessary to safeguard life and property.
(3) Any expenses incurred in undertaking emergency operations shall be reimbursed by the owner of the dam.
Enacted by Chapter 319, 1990 General Session
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 5a - Dam Safety › Part 7 - Enforcement and Penalties › Section 701 - Notice of violation -- Order for corrective action.

73-5a-701.
Notice of violation -- Order for corrective action.
(1) If the state engineer determines that any person is violating any requirement of this chapter or the rules adopted under this chapter, the state engineer shall serve written notice upon the alleged violator which:
(a) specifies the violation; and
(b) alleges the facts constituting the violation.
(2) After serving notice as required in Subsection (1), the state engineer may issue an order for necessary corrective action and file an action in the appropriate district court.
Enacted by Chapter 319, 1990 General Session
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 5a - Dam Safety › Part 7 - Enforcement and Penalties › Section 702 - Civil penalties -- Costs -- Civil liability.

73-5a-702.
Civil penalties -- Costs -- Civil liability.
(1) Any person who violates this chapter or any lawful notice or order issued pursuant to this chapter shall be assessed a penalty not to exceed $5,000 per violation in a civil proceeding.
(2) In the case of a continuing violation, each day that the violation continues constitutes a separate and distinct offense.
(3) Any person who violates this chapter shall be liable for any expenses incurred by the state engineer in abating any violation of this chapter.
(4) A penalty assessment under this chapter does not relieve the person assessed from civil liability for claims arising out of any act which was also a violation.
Enacted by Chapter 319, 1990 General Session
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 6 - Withdrawal of Unappropriated Waters › Section 1 - Suspension of right to appropriate -- By proclamation of governor.

73-6-1.
Suspension of right to appropriate -- By proclamation of governor.
For the purpose of preserving the surplus and unappropriated waters of any stream or other source of water supply for use by irrigation districts and organized agricultural water users, or for any use whatsoever, when in the judgment of the governor and the state engineer the welfare of the state demands it, the governor by proclamation may, upon the recommendation of the state engineer, suspend the right of the public to appropriate such surplus or unappropriated waters.
No Change Since 1953