reglab/statecodes huggingface dataset:
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 28 - Lake Powell Pipeline Development Act › Part 1 - General Provisions › Section 105 - Project Management Committee created.

73-28-105.
Project Management Committee created.
(1) There is created a Project Management Committee within the division.
(2)
(a) The committee shall be comprised of one representative appointed by:
(i) the division director;
(ii) the board; and
(iii) each of the participating districts.
(b) The division representative is the chair of the committee.
(3)
(a) The members shall serve a four-year term.
(b) When a vacancy occurs in the membership for any reason, the replacement shall be appointed for the unexpired term in the same manner as the vacated member was appointed.
(4)
(a) A majority of the members of the committee constitute a quorum of the committee.
(b) The action of a majority of a quorum constitutes the action of the committee.
(5) The committee shall:
(a) consult with the board on a regular basis concerning:
(i) the development and construction of the project;
(ii) the operation, maintenance, repair, and replacement of the project; and
(iii) the prices of developed water and electricity; and
(b) approve all expenditures from the fund created in Section 73-28-404.
Enacted by Chapter 216, 2006 General Session
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 28 - Lake Powell Pipeline Development Act › Part 2 - Board of Water Resources to Construct the Lake Powell Pipeline › Section 201 - Lake Powell Pipeline project.

73-28-201.
Lake Powell Pipeline project.
(1) The board shall:
(a) construct the project as funded by the Legislature;
(b) own, operate, and maintain the project until the title is transferred under Section 73-28-405; and
(c) consult with the committee on a regular basis concerning the development, construction, operation, maintenance, repair, and replacement of the project.
(2)
(a) The board may contract with the state of Arizona to participate in the project to develop its water rights.
(b) The board shall ensure that the contract requires the state of Arizona to pay for all project costs represented by its share of the project.
Enacted by Chapter 216, 2006 General Session
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 28 - Lake Powell Pipeline Development Act › Part 2 - Board of Water Resources to Construct the Lake Powell Pipeline › Section 202 - Construction contingent upon sale of water.

73-28-202.
Construction contingent upon sale of water.
(1) Except as provided in Subsection (3), the board may not expend money for construction costs for any phase of the project until:
(a) the board has contracted with the districts for the sale of at least 70% of the water developed by that phase of the project; and
(b) all permits required by the environmental impact statement have been obtained.
(2) Construction of the project and implementation of any environmental mitigation requirements may proceed concurrently.
(3) The board may make expenditures for preconstruction costs if money is expressly appropriated or earmarked by statute for that purpose by the Legislature.
Amended by Chapter 342, 2011 General Session
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 28 - Lake Powell Pipeline Development Act › Part 2 - Board of Water Resources to Construct the Lake Powell Pipeline › Section 203 - Development of hydroelectric generating works -- Electricity offered to public utilities or municipalities.

73-28-203.
Development of hydroelectric generating works -- Electricity offered to public utilities or municipalities.
(1) The board may construct and own hydroelectric generating works and incidental electrical facilities in association with the project.
(2)
(a) Except for electricity needed for project operations, the board shall first offer to sell electricity derived from any hydroelectric generating works owned by it to public utilities or municipalities providing electricity to consumers in Utah.
(b) The board, in consultation with the committee and in accordance with Section 73-28-403, shall establish the prices at which the electricity is sold.
(3) In accordance with Section 51-4-1, the board shall deposit:
(a) revenues received from the sale of electricity designated for the repayment of preconstruction and construction costs and interest into the Water Resources Conservation and Development Fund;
(b) revenues received from the sale of electricity designated for project operation, maintenance, repair, and replacement costs into the Lake Powell Pipeline Project Operation and Maintenance Fund; and
(c) any additional revenues received from the sale of electricity into the Water Resources Conservation and Development Fund.
Enacted by Chapter 216, 2006 General Session
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 28 - Lake Powell Pipeline Development Act › Part 3 - Allocation of Developed Water › Section 301 - Entities eligible to receive developed water.

73-28-301.
Entities eligible to receive developed water.
(1) Except for developed water reserved for wildlife or public recreation, the board shall make the developed water available by contract exclusively to the districts listed in Subsection 73-28-103(5).
(2) A district that purchases developed water may:
(a) use the water directly;
(b) exchange the water by following the procedures and requirements of Section 73-3-20; or
(c) sell the water to any entity or person.
(3) Districts purchasing developed water shall build any facilities necessary for the treatment and local delivery of the developed water.
Enacted by Chapter 216, 2006 General Session
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 28 - Lake Powell Pipeline Development Act › Part 3 - Allocation of Developed Water › Section 302 - Limits on amount of water available to any district -- Exception.

73-28-302.
Limits on amount of water available to any district -- Exception.
(1) Except as provided in Subsection (2), the total amount of developed water that the board may make available to any district is limited as follows:
(a) The Kane Water Conservancy District may purchase no more than 10,000 acre-feet of developed water per calendar year.
(b) The Washington County Water Conservancy District may purchase no more than 69,000 acre-feet of developed water per calendar year.
(c) The Central Iron County Water Conservancy District may purchase no more than the amount of Colorado River water it acquires.
(2)
(a) A district may purchase developed water in excess of the limits specified in Subsection (1) for that calendar year if:
(i) developed water is available; and
(ii) no other district eligible to receive the developed water has offered to purchase it.
(b) The board may expand the size of the project and exceed the limits in Subsection (1) if the board or a district acquires additional water rights.
(3) Before beginning the final design of the project, the board shall make rules establishing a reasonable time during which the districts may offer to purchase developed water.
(4) If the Central Iron County Water Conservancy District acquires water rights and participates in the project, the board shall ensure that:
(a) the project is sized and constructed to transport the Central Iron County Water Conservancy District's water from Lake Powell; and
(b) facilities from Washington County to Cedar City are included in the project.
Enacted by Chapter 216, 2006 General Session
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 28 - Lake Powell Pipeline Development Act › Part 4 - Financing and Cost Recovery › Section 401 - Analysis of benefits and costs -- Allocation of costs.

73-28-401.
Analysis of benefits and costs -- Allocation of costs.
(1) The board shall allocate project costs based on the economic costs and benefits of the developed water and electricity among the following water uses:
(a) municipal and industrial;
(b) electricity;
(c) public recreation; and
(d) fish and wildlife.
(2) The state shall pay the nonreimbursable project costs allocated to recreation and fish and wildlife.
Enacted by Chapter 216, 2006 General Session
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 28 - Lake Powell Pipeline Development Act › Part 4 - Financing and Cost Recovery › Section 402 - Agreement for delivery -- Period for repayment of costs.

73-28-402.
Agreement for delivery -- Period for repayment of costs.
(1) The board and each district shall establish by contract the timing and amount of developed water to be delivered to the district.
(2) If a contract was made before the project's completion, the district shall repay the preconstruction and construction costs within 50 years from the date of:
(a) the delivery of developed water to the district during the first 10 years after the project is completed; or
(b) the project's completion for any developed water delivered to the district after the tenth anniversary date of the project's completion.
(3) If a contract was made after the project's completion date, the district shall repay the preconstruction and construction costs within a period not to exceed 50 years from the date that the contract was made.
(4) The board shall establish and charge a reasonable interest rate for the unpaid balance of reimbursable preconstruction and construction costs.
Enacted by Chapter 216, 2006 General Session
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 28 - Lake Powell Pipeline Development Act › Part 4 - Financing and Cost Recovery › Section 403 - Water and electricity charges.

73-28-403.
Water and electricity charges.
The board, in consultation with the committee, shall establish prices for the developed water sold to the districts and electricity sufficient to:
(1) recover the reimbursable preconstruction costs, construction costs, and interest on those costs within the time period specified in Section 73-28-402;
(2) pay for operation and maintenance costs;
(3) accumulate an adequate reserve for repair and replacement; and
(4) allocate the proportionate cost of the project facilities required to deliver the developed water to each district.
Enacted by Chapter 216, 2006 General Session
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 28 - Lake Powell Pipeline Development Act › Part 4 - Financing and Cost Recovery › Section 404 - Repayments returned to Water Resources Conservation and Development Fund -- Establishment of an enterprise fund.

73-28-404.
Repayments returned to Water Resources Conservation and Development Fund -- Establishment of an enterprise fund.
(1) The board shall deposit, in accordance with Section 51-4-1, into the Water Resources Conservation and Development Fund:
(a) repayments of preconstruction and construction costs; and
(b) the interest charged.
(2)
(a) There is created an enterprise fund, as defined in Subsection 51-5-4(8), entitled the "Lake Powell Pipeline Project Operation and Maintenance Fund."
(b) The fund consists of:
(i) revenues received from the sale of developed water that is designated for project operation, maintenance, repair, and replacement costs;
(ii) revenues received from the sale of electricity that are deposited in the fund in accordance with Subsection 73-28-203(3); and
(iii) all interest earned by the fund.
(3) Notwithstanding Section 63J-1-211, the Legislature may not appropriate any money from the Lake Powell Pipeline Project Operation and Maintenance Fund.
(4) The state treasurer shall:
(a) invest the money in the enterprise fund by following the procedures and requirements of Title 51, Chapter 7, State Money Management Act; and
(b) deposit all interest or other earnings derived from those investments into the Lake Powell Pipeline Operation and Maintenance Fund.
(5) The committee shall approve the expenditure of fund money to cover the project operation, maintenance, repair, and replacement costs, subject to:
(a) money available in the fund; and
(b) rules established by the board under Subsection 73-28-104(2).
(6) If title to the project is transferred under Section 73-28-405, the agreement shall direct the disposition of the money remaining in the fund.
Amended by Chapter 303, 2011 General Session
Amended by Chapter 342, 2011 General Session
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 28 - Lake Powell Pipeline Development Act › Part 4 - Financing and Cost Recovery › Section 405 - Transfer of title to project and water rights to districts.

73-28-405.
Transfer of title to project and water rights to districts.
(1) The board shall convey the project's title and its associated water rights to the districts if:
(a) the state has been fully compensated for all of its reimbursable costs;
(b) the board finds that the conveyance of the project's title would be in the best interest of the state, the districts, and those receiving developed water; and
(c) the districts enter into an agreement with each other and the board that would ensure the continued operation, maintenance, repair, and replacement of the project.
(2) The board shall convey the project's title and its associated water rights to the districts in proportion to the amount each district paid for the developed water it received.
Enacted by Chapter 216, 2006 General Session
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 29 - Public Waters Access Act › Part 1 - General Provisions › Section 103 - Declarations.

73-29-103.
Declarations.
The Legislature declares:
(1) the Utah Constitution's specific private property protections, including recognition of the inalienable right to acquire, possess, and protect property and the prohibition on taking or damaging private property for public use without just compensation, protect against government's broad recognition or grant of a public recreation easement to access or use public water on private property;
(2) general constitutional and statutory provisions declaring public ownership of water and recognizing existing rights of use are insufficient to overcome the specific constitutional protections for private property and do not justify inviting widespread unauthorized invasion of private property for recreation purposes where public access has never existed or has not existed for a sufficient period and under the conditions required to support recognition under this chapter;
(3) whether, or to what extent, a public easement exists for recreational use of public waters on private property is uncertain after judicial decisions in the cases of J.J.N.P. Co. v. State, 655 P.2d 1133 (Utah 1982) and Conatser v. Johnson, 194 P.3d 897 (Utah 2008), which decisions did not address the constitutional prohibition on taking or damaging private property without just compensation;
(4) legislative failure to provide guidance before, coupled with legislative inaction after the 1982 decision in J.J.N.P. Co. v. State form a compelling foundation for the Legislature to affirm a limited right to float on the water without violating the constitutional protections of the underlying private property;
(5) the real and substantial invasion of private property rights did not occur with recognition of the right to float on water that passes over the land, but with the right, first recognized in Conatser v. Johnson, to physically occupy the land for an indeterminate time and for a wide range of activities by the public against the owner's will and without just compensation;
(6) its intent to foster restoration of the accommodation existing between recreational users and private property owners before the decision in Conatser v. Johnson, affirm a floating right recognized by the court in J.J.N.P. Co. v. State, and recognize adverse use as a constitutionally sound and manageable basis for establishing a limited right of public recreational access on private property in accordance with this chapter.
Enacted by Chapter 410, 2010 General Session
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 29 - Public Waters Access Act › Part 2 - Recreational Access to Public Water › Section 201 - General access provisions.

73-29-201.
General access provisions.
(1) The public may use a public water for recreational activity if:
(a) the public water:
(i) is a navigable water; or
(ii) is on public property; and
(b) the recreational activity is not otherwise prohibited by law.
(2) A person may access and use a public water on private property for any lawful purpose with the private property owner's permission.
(3) A person may not access or use a public water on private property for recreational purposes if the private property is property to which access is restricted, unless public recreational access is established under Section 73-29-203.
Enacted by Chapter 410, 2010 General Session
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 29 - Public Waters Access Act › Part 2 - Recreational Access to Public Water › Section 202 - Public right to float on public waters.

73-29-202.
Public right to float on public waters.
(1) There is a public right to float on public water that has sufficient width, depth, and flow to allow free passage of the chosen vessel at the time of floating.
(2) Subsection (1) includes the right to:
(a) incidentally touch private property as required for safe passage and continued movement;
(b) portage around a dangerous obstruction in the water, if portage is made in a manner that is:
(i) most direct;
(ii) least invasive; and
(iii) closest to the water; and
(c) fish while floating.
(3) A person exercising the right that this section recognizes:
(a) shall enter and exit the water at a point on public property or private property with permission of the owner; and
(b) may not stop on private property.
(4)
(a) The right this section recognizes does not prevent the establishment of broader public recreational access in accordance with this chapter.
(b) Notwithstanding Subsection (4)(a), the right this section recognizes does not establish broader public recreational access.
Amended by Chapter 340, 2011 General Session
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 29 - Public Waters Access Act › Part 2 - Recreational Access to Public Water › Section 203 - Establishment of public recreational access.

73-29-203.
Establishment of public recreational access.
(1) Public recreational access is established if:
(a) the private property has been used by the public for recreational access requiring the use of the public water for a period of at least 10 consecutive years that begins after September 22, 1982; and
(b) the public use has been:
(i) continuous during the season conducive to the recreational access;
(ii) open and notorious;
(iii) adverse; and
(iv) without interruption.
(2) The permissive use of a public water on private property granted by the owner is not an adverse use.
(3)
(a) A property owner's overt act intended to interrupt uninvited recreational access is a sufficient interruption to restart any period of use that may have already begun under Subsection (1) if the evidence, taken as a whole, shows that the act came to the attention of the public or resulted in actual interruption.
(b) If an overt act is established in a final judgment to have interrupted recreational access, no other person may challenge the existence of the overt act in a subsequent action.
(4) The extent and nature of the public recreational access permitted under Subsection (1) is determined by the nature of the historical recreational access during the 10 consecutive years required under Subsection (1).
(5) When a public water is a lake, pond, or reservoir located on a natural stream and on private property, any portion that has been developed or protected for private hunting is not subject to public recreational access even though the remainder of the public water qualifies for public recreational access under this section.
(6) A right of public recreational access on private property, established in accordance with this section, may not be closed without authorization of other law.
Enacted by Chapter 410, 2010 General Session
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 29 - Public Waters Access Act › Part 2 - Recreational Access to Public Water › Section 204 - Quiet title action.

73-29-204.
Quiet title action.
(1)
(a) A person, including the division, may file a quiet title action in accordance with Title 78B, Chapter 6, Part 13, Quiet Title, to obtain a judicial declaration of the existence of a right to public recreational access under Section 73-29-203.
(b) The division may intervene in a quiet title action filed in accordance with Subsection (1).
(c) The division may not be compelled to:
(i) file a quiet title action; or
(ii) join a quiet title action filed by another person.
(2) The claimant in a quiet title action under Subsection (1) shall:
(a) name the property owner of record as a party; and
(b) notify the division of the suit by certified mail no later than 20 days after the day on which the quiet title action is filed.
(3) Within five days after receiving notice in accordance with Subsection (2)(b), the division shall post notice of a quiet title action under this section on its Internet website.
(4) A quiet title action under this section shall be commenced within four years after the day on which a period of prescriptive use ceases.
(5) The burden of proof for a quiet title action under this section is on the claimant to prove the existence of a right to public recreational access or floating access under Section 73-29-203 by clear and convincing evidence.
(6) A quiet title action under this section is limited to a declaration concerning the property and property owner joined in the action.
(7)
(a) Multiple claimants and multiple property owners may be included in a quiet title action concerning public water common to the property owners.
(b) In a case with multiple property owners, the court shall make a separate finding concerning each property owner included in the action.
(8) A final judgment on the merits that a piece of private property is not subject to public recreational access:
(a) is binding; and
(b) may not be challenged in subsequent litigation.
(9) The court may award attorney fees and costs in an action under this section if the court finds that the losing party's arguments lack a reasonable basis in law or fact.
Enacted by Chapter 410, 2010 General Session
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 29 - Public Waters Access Act › Part 2 - Recreational Access to Public Water › Section 205 - Injunctive relief.

73-29-205.
Injunctive relief.
(1) The owner of private property may obtain injunctive relief against a person who, without permission, enters, remains, or persists in an effort to enter or remain on the owner's property for recreational use of public water other than use in accordance with Sections 73-29-202 and 73-29-203, when effective.
(2) An injunction under this section is in addition to any remedy for trespass.
(3) The existence of an easement under Section 73-29-203 is a defense in an action for injunctive relief under this section or a claim of trespass under other law.
(4) If a person against whom an injunction is sought, or a person charged with trespass, establishes by clear and convincing evidence the existence of an easement for defense purposes, as described in Subsection (3), the establishment of the existence of the easement applies only to the defense and does not constitute a judicial declaration of the easement's existence for another purpose.
(5) If an owner obtains an injunction against a person under this section, the injunction does not serve as a declaration that there is no public easement on the owner's property.
(6) The court may award attorney fees and costs in an action under this section if the court finds that the losing party's arguments lack a reasonable basis in law or fact.
Enacted by Chapter 410, 2010 General Session
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 29 - Public Waters Access Act › Part 2 - Recreational Access to Public Water › Section 206 - Effect of chapter on other uses and restrictions -- Required acts.

73-29-206.
Effect of chapter on other uses and restrictions -- Required acts.
(1) Nothing in this chapter affects the right of the public to use public water for public recreational access, including the touching of the bed beneath the public water if:
(a) the bed beneath the public water is public property; or
(b) the bed beneath the public water is private property to which access is not restricted.
(2) A person using a public water for public recreational access is subject to any other restriction lawfully placed on the use of the public water by a governmental entity with authority to restrict the use of the public water.
(3) Nothing in this chapter limits or enlarges any right granted by express easement.
(4) When leaving a public access area, a person shall remove any refuse or tangible personal property the person brought into the public access area.
Enacted by Chapter 410, 2010 General Session
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 29 - Public Waters Access Act › Part 2 - Recreational Access to Public Water › Section 207 - Fences across public water.

73-29-207.
Fences across public water.
(1) The owner of a public access area adjacent to and lying beneath a public water may place a fence or obstruction across a public water for agricultural, livestock, or other lawful purposes.
(2) A fence or other obstruction shall:
(a) comply with an applicable federal, state, or local law; and
(b) be constructed in a manner that does not create an unreasonably dangerous condition to the public lawfully using the public water.
(3) The owner of a public access area shall allow the placement of a ladder, gate, or other facility allowing portage around a fence or obstruction if:
(a) the owner places a fence or obstruction across a public water in accordance with Subsection (1); and
(b) the water is open to public recreational access by permission or under Section 73-29-203.
Enacted by Chapter 410, 2010 General Session
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 29 - Public Waters Access Act › Part 2 - Recreational Access to Public Water › Section 208 - Severability.

73-29-208.
Severability.
If any of this chapter's provisions, or the application of any of this chapter's provisions, is held to be unconstitutional, the provision is severable and this chapter's other provisions and applications remain effective.
Enacted by Chapter 410, 2010 General Session
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 31 - Water Banking Act › Part 1 - General Provisions › Section 101 - Title.

Affected by 63I-1-273 on 12/31/2030
Effective 5/12/2020
73-31-101.
Title.
This chapter is known as the "Water Banking Act."
Enacted by Chapter 342, 2020 General Session
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 31 - Water Banking Act › Part 1 - General Provisions › Section 102 - Definitions.

Affected by 63I-1-273 on 12/31/2030
Effective 5/12/2020
73-31-102.
Definitions.
As used in this chapter:
(1) "Applicant" means:
(a) a record holder of a perfected water right or a valid diligence claim applying for board approval of a statutory water bank under Part 2, Statutory Water Banks; or
(b) a public entity applying for board approval of a contract water bank under Part 3, Contract Water Banks.
(2) "Application" means an application submitted to the board to approve a water bank.
(3) "Approved change application" means a change application that the state engineer approves to authorize a water right holder to deposit a water right in a water bank pursuant to this chapter and Section 73-3-3 or 73-3-3.5.
(4) "Banked water right" means a water right, or a portion of a water right, deposited in a water bank that the state engineer has authorized for use in a water bank through an approved change application.
(5) "Board" means the Board of Water Resources.
(6) "Borrower" means a person seeking to use a banked water right within a water bank's service area.
(7) "Contract water bank" means a water bank created pursuant to Part 3, Contract Water Banks.
(8) "Delivery request" means a request to use a banked water right made by a borrower in accordance with a water bank's policies approved under the water bank's application.
(9) "Deposit" means depositing a banked water right for use within the service area of a water bank.
(10) "Depositor" means a person seeking to deposit a water right in a water bank.
(11) "Hereafter use" means the conditions of use the state engineer authorizes for a banked water right during the term of an approved change application.
(12) "Heretofore use" means the authorized conditions of use that were in effect before the state engineer approved a change application authorizing new conditions for the use of a banked water right.
(13) "Loaned water rights" means a banked water right that is used pursuant to an approved delivery request.
(14) "Perfected water right" means a water right evidenced by:
(a) a decree;
(b) a certificate of appropriation; or
(c) a proposed determination or court order issued in a general adjudication.
(15) "Public entity" means the same as that term is defined in Section 73-1-4 except for the United States or an agency of the United States.
(16) "Reporting year" means November 1 through October 31.
(17) "Service area" means the geographic area where a water bank is approved to operate and operates.
(18) "State engineer" means the state engineer appointed under Section 73-2-1.
(19) "Statutory water bank" means a water bank created pursuant to Part 2, Statutory Water Banks.
(20) "Water bank" means a contract water bank or a statutory water bank.
(21) "Water banking website" means a website overseen by the board in accordance with Section 73-31-103.
Enacted by Chapter 342, 2020 General Session
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 31 - Water Banking Act › Part 1 - General Provisions › Section 103 - Notice -- Website.

Affected by 63I-1-273 on 12/31/2030
Effective 5/12/2020
73-31-103.
Notice -- Website.
(1) A notice required under this chapter shall be posted in accordance with Subsection 73-3-6(1) and to a water bank's website, unless otherwise specified.
(2) The board may create and oversee a website for the purpose of making water banking information available to the public.
Enacted by Chapter 342, 2020 General Session
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 31 - Water Banking Act › Part 1 - General Provisions › Section 104 - Objectives of water banks.

Affected by 63I-1-273 on 12/31/2030
Effective 5/12/2020
73-31-104.
Objectives of water banks.
The objectives in creating a water bank are to:
(1) promote:
(a) the optimal use of the public's water;
(b) transparency and access to water markets;
(c) temporary, flexible, and low cost water transactions between water users; and
(d) Utah's agricultural economy by providing access to water resources and income for Utah's agricultural industry; and
(2) facilitate:
(a) robust and sustainable agricultural production while meeting growing municipal and industrial water demands, such as fallowing arrangements;
(b) water quality improvement;
(c) water rights administration and distribution; and
(d) a healthy and resilient natural environment.
Enacted by Chapter 342, 2020 General Session
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 31 - Water Banking Act › Part 1 - General Provisions › Section 105 - Scope.

Affected by 63I-1-273 on 12/31/2030
Effective 5/12/2020
73-31-105.
Scope.
Nothing in this chapter prevents a person from entering into an agreement regarding the use of a water right that differs from the requirements of this chapter, except that only a water bank approved under this chapter may avail itself of the statutory provisions that apply to a water bank.
Enacted by Chapter 342, 2020 General Session
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 31 - Water Banking Act › Part 1 - General Provisions › Section 106 - Board assistance.

Affected by 63I-1-273 on 12/31/2030
Effective 5/12/2020
73-31-106.
Board assistance.
The board may direct the Division of Water Resources to assist the board in fulfilling the board's responsibilities under this chapter.
Enacted by Chapter 342, 2020 General Session
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 31 - Water Banking Act › Part 1 - General Provisions › Section 107 - Fees.

Affected by 63I-1-273 on 12/31/2030
Effective 5/12/2020
73-31-107.
Fees.
(1) The board may charge fees, set pursuant to Section 63J-1-504, to cover the costs of processing and administering:
(a) a statutory water bank application; or
(b) a contract water bank application.
(2) The board shall charge a uniform fee for a statutory water bank application and a uniform fee for a contract water bank application.
(3) The board may charge a different fee for a statutory water bank application than is charged for a contract water bank application.
(4) Fees collected under this section shall be deposited in the General Fund as a dedicated credit to be used by the board to implement this chapter.
Enacted by Chapter 342, 2020 General Session
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 31 - Water Banking Act › Part 2 - Statutory Water Banks › Section 201 - Approval of statutory water bank.

Affected by 63I-1-273 on 12/31/2030
Effective 5/12/2020
73-31-201.
Approval of statutory water bank.
(1) The board shall approve an application to create a statutory water bank that satisfies this part.
(2) As a condition of approval, a statutory water bank is subject to this chapter.
Enacted by Chapter 342, 2020 General Session
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 31 - Water Banking Act › Part 2 - Statutory Water Banks › Section 203 - Action by board on statutory water bank applications.

Affected by 63I-1-273 on 12/31/2030
Effective 5/12/2020
73-31-203.
Action by board on statutory water bank applications.
(1) Upon receipt of an application under Section 73-31-202, the board shall record the date the board receives the application.
(2) The board shall:
(a) examine an application for completeness to determine whether the application satisfies this part;
(b) review an application to determine whether it meets the objectives of a water bank described in Section 73-31-103;
(c) consider an application complete if the application satisfies the requirements of this part; and
(d) notify the applicant of any additional information or changes needed to process the application.
(3) Within 30 days of the date the board determines that an application is complete, the board shall post notice of the application pursuant to Section 73-31-103.
(4) The notice required by Subsection (3) shall state:
(a) that an application to create a statutory water bank has been filed with the board;
(b) where an interested party may obtain a copy of the application and any additional information related to the application; and
(c) the date, time, and place of the public meeting required by Section 73-31-204.
Enacted by Chapter 342, 2020 General Session
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 31 - Water Banking Act › Part 2 - Statutory Water Banks › Section 204 - Public meeting -- Comments.

Affected by 63I-1-273 on 12/31/2030
Effective 5/12/2020
73-31-204.
Public meeting -- Comments.
(1) On the date indicated in the notice posted under Subsection 73-31-203(3), the board shall hold a public meeting to:
(a) inform water users within the service area of the proposed statutory water bank; and
(b) receive comments from water users regarding the application.
(2) The board shall accept public comments for a period of time no less than 30 days after the adjournment of the public meeting.
(3) The board shall review public comments when reviewing the proposed statutory water bank's application, but submitting a comment does not create a right of appeal of the board's decision under Title 63G, Chapter 4, Administrative Procedures Act, nor is the board required to address how or whether public comments impacted the board's decision.
(4) A statutory water bank may review public comments and comments from the board before a final decision is made by the board. If the statutory water bank desires to make changes to the statutory water bank's application, the statutory water bank may notify the board in writing before the board takes action on the application that the statutory water bank will submit a revised application following the same process that governs the filing and review of the original application for a statutory water bank under this chapter.
Enacted by Chapter 342, 2020 General Session
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 31 - Water Banking Act › Part 2 - Statutory Water Banks › Section 205 - Review of statutory bank application.

Affected by 63I-1-273 on 12/31/2030
Effective 5/12/2020
73-31-205.
Review of statutory bank application.
(1) After complying with Sections 73-31-203 and 73-31-204, the board shall approve an application if the application satisfies Section 73-31-202, which is to be liberally interpreted by the board to facilitate the objectives described in Section 73-31-104.
(2) In approving an application, the board shall:
(a) issue an order approving the statutory water bank;
(b) approve persons to serve as the initial members of the governing body in accordance with the proposed statutory water bank's structure and Section 73-31-202; and
(c) publish the approved application on the water banking website.
(3) If the board denies an application, the board shall issue a written explanation to the applicant that sets forth the reason for denial, provided that the board's decision regarding an application does not create a right of appeal under Title 63G, Chapter 4, Administrative Procedures Act.
Enacted by Chapter 342, 2020 General Session
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 31 - Water Banking Act › Part 2 - Statutory Water Banks › Section 206 - Amending application.

Affected by 63I-1-273 on 12/31/2030
Effective 5/12/2020
73-31-206.
Amending application.
(1) After the board approves a statutory water bank's application under this part, the statutory water bank may seek to amend the statutory water bank's application by filing a description of the proposed amendment with the board. The board shall follow the procedures of Sections 73-31-201, 73-31-204, and 73-31-205 to approve an amendment to a statutory water bank's application.
(2) An amendment approved by the board becomes effective on the first day of the next reporting year.
Enacted by Chapter 342, 2020 General Session
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 31 - Water Banking Act › Part 3 - Contract Water Banks › Section 301 - Approval of contract water bank.

Affected by 63I-1-273 on 12/31/2030
Effective 5/12/2020
73-31-301.
Approval of contract water bank.
(1) The board shall approve an application to create a contract water bank that satisfies this part.
(2) As a condition of approval, a contract water bank is subject to this chapter.
Enacted by Chapter 342, 2020 General Session
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 31 - Water Banking Act › Part 3 - Contract Water Banks › Section 302 - Contract water bank application.

Affected by 63I-1-273 on 12/31/2030
Effective 5/12/2020
73-31-302.
Contract water bank application.
(1) A public entity may seek to have a contract for water use approved as a contract water bank under this chapter by submitting an application to the board that meets the following criteria:
(a) the name of the contract water bank;
(b) the mailing address for the contract water bank;
(c) the proposed service area map for the contract water bank;
(d) a description of how the contract water bank's governing body will be structured and operate;
(e) a description for how water delivery requests and loaned water rights are to be administered;
(f) criteria for the participation, if any, of non-public entities;
(g) includes a copy of the contract, provided that a public entity may redact any information that is private, controlled, protected, or otherwise restricted under Title 63G, Chapter 2, Government Records Access and Management Act;
(h) information regarding how the public can learn when the submittal of an application or contract that is the basis of the contract water bank is on the agenda of a public meeting of the public entity under Title 52, Chapter 4, Open and Public Meetings Act;
(i) whether the contract water bank will accept deposits of surface water rights or groundwater rights, provided that a contract water bank may not accept deposits of both surface water rights and groundwater rights; and
(j) the process the contract water bank will follow if the contract water bank terminates, dissolves, or the board revokes the contract water bank's approval to operate pursuant to this chapter, including how the contract water bank will return banked water rights to depositors and how the contract water bank will return any amounts owing to depositors.
(2) The board may prepare a form or online application for an applicant to use in submitting an application to the board under this part.
Enacted by Chapter 342, 2020 General Session
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 31 - Water Banking Act › Part 3 - Contract Water Banks › Section 303 - Action by board on contract water bank application.

Affected by 63I-1-273 on 12/31/2030
Effective 5/12/2020
73-31-303.
Action by board on contract water bank application.
(1) Upon receipt of an application for a proposed contract water bank, the board shall record the day on which the board receives the application.
(2) The board shall:
(a) examine the application to determine whether changes are required for the board to process the application in accordance with this part;
(b) review the application to determine whether it meets the objectives of a water bank described in Section 73-31-103;
(c) consider the application complete if the application satisfies this part; and
(d) notify the applicant of any additional information or changes needed to process the application.
(3) Within 30 days of the date the board determines that an application is complete, the board shall post notice of the application in accordance with Section 73-31-103.
(4) The notice required by Subsection (3), shall state:
(a) that an application to approve a contract water bank has been filed with the board; and
(b) where a person may review the application.
Enacted by Chapter 342, 2020 General Session
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 31 - Water Banking Act › Part 3 - Contract Water Banks › Section 304 - Review of contract water bank application.

Affected by 63I-1-273 on 12/31/2030
Effective 5/12/2020
73-31-304.
Review of contract water bank application.
(1) After complying with Section 73-31-303, the board shall approve an application for a contract water bank if the application satisfies Section 73-31-302, which is to be liberally interpreted by the board to facilitate the objectives described in Section 73-31-104.
(2) In approving an application, the board shall:
(a) issue an order approving the contract water bank; and
(b) publish a summary of the information submitted by the public entity under Subsection 73-31-302(1) on the water banking website.
(3) If the board denies an application, the board shall issue a written explanation to the applicant that sets forth the reason for the denial, provided that the board's decision regarding an application does not create a right of appeal under Title 63G, Chapter 4, Administrative Procedures Act.
(4) A contract water bank may review public comments and comments from the board before a final decision is made by the board. If the contract water bank desires to make changes to the contract water bank's application, the contract water bank may notify the board in writing before the board takes action on the application that the contract water bank will submit a revised application following the same process that governs the filing of an original application.
Enacted by Chapter 342, 2020 General Session
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 31 - Water Banking Act › Part 3 - Contract Water Banks › Section 305 - Amending application.

Affected by 63I-1-273 on 12/31/2030
Effective 5/12/2020
73-31-305.
Amending application.
(1) After the board approves a contract water bank's application under this part, the contract water bank may seek to amend the contract water bank's application by filing a description of the proposed amendment with the board. The board shall follow the procedures of Sections 73-31-303 and 73-31-304 to approve an amendment to a contract water bank's application.
(2) An amendment approved by the board becomes effective on the first day of the next reporting year.
Enacted by Chapter 342, 2020 General Session
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 31 - Water Banking Act › Part 4 - Reporting by Water Banks › Section 402 - Water bank noncompliance -- Revocation of application.

Affected by 63I-1-273 on 12/31/2030
Effective 5/12/2020
73-31-402.
Water bank noncompliance -- Revocation of application.
(1) If a water bank is in noncompliance with this chapter pursuant to Section 73-31-401, the board shall give the water bank a written notice of noncompliance that:
(a) explains why the water bank is in noncompliance; and
(b) gives the water bank a 90-day corrective period from the date of the notice to correct the cause of the noncompliance.
(2) The board shall:
(a) post a notice given under Subsection (1) pursuant to Section 73-31-103; and
(b) notify the state engineer of the water bank's noncompliance.
(3) If the board determines that the water bank has corrected the noncompliance within the 90-day corrective period, the board shall:
(a) provide the water bank written notice that the water bank's noncompliance has been cured;
(b) post the written notice required under Subsection (3)(a) pursuant to Section 73-31-103; and
(c) notify the state engineer that the water bank has corrected the noncompliance within the 90-day corrective period.
(4)
(a) If the water bank fails to correct the noncompliance within the 90-day corrective period, the water bank's approval to operate terminates at the end of the current calendar year.
(b) The board shall mail notice to the water bank that the water bank's approval to operate has terminated and that the water bank's operations under the application shall cease at the end of the current calendar year.
(c) The board shall post the notice required under Subsection (4)(b) pursuant to Section 73-31-103.
(d) A water bank shall notify the water bank's depositors and borrowers of the dissolution within 60 days of receiving a notice under this Subsection (4) and shall enact the procedures set forth in the water bank's application ceasing the water bank's operations.
(5) The state engineer may not approve a change application that seeks to deposit a water right into a water bank that the board determines to be in noncompliance under this chapter.
(6) A depositor retains title to deposited water rights and the water bank retains no ownership in the deposited water rights.
Enacted by Chapter 342, 2020 General Session
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 31 - Water Banking Act › Part 5 - Deposits › Section 501 - Banking water.

Affected by 63I-1-273 on 12/31/2030
Effective 5/12/2020
73-31-501.
Banking water.
(1) A water right may be deposited with a water bank pursuant to an approved change application filed under Section 73-3-3 or 73-3-3.5.
(2) The state engineer may not approve a change application that authorizes the use of a water right within a water bank for any period of time that exceeds December 31, 2030.
(3) A banked water right is excused from beneficial use requirements pursuant to Subsection 73-1-4(2)(e)(xi).
(4) A depositor of a banked water right may use the banked water right in its heretofore use if:
(a) the depositor does so under the authority, control, and accounting of the water bank;
(b) the water bank informs the state engineer that the depositor's heretofore use is consistent with the water bank's operating procedures for loaned water rights; and
(c) during the time the depositor uses the banked water right in its heretofore use, the water bank does not allow the banked water right to be used for other uses within the water bank.
(5) If an entity authorized to condemn a water right leases a water right under this chapter, the entity may not begin the process of condemning the water right:
(a) while the entity leases the water right under this chapter; or
(b) within five years after the day on which the entity's lease of the water right under this chapter ends.
Enacted by Chapter 342, 2020 General Session