reglab/statecodes huggingface dataset:
2023 Utah Code › Title 72 - Transportation Code › Chapter 16 - Amusement Ride Safety Act › Part 3 - Amusement Ride Safety › Section 304 - Safety standards.

Effective 5/12/2020
72-16-304.
Safety standards.
(1) Subject to Subsections (2) and (3) and in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the committee shall make rules adopting the relevant safety standards developed by the ASTM International Committee F24.
(2) The committee may modify or update the safety standards described in Subsection (1), consistent with nationally recognized amusement ride standards.
(3) The committee may amend or exempt a safety standard adopted under this section based upon unique circumstances, if appropriate to ensure public safety.
Amended by Chapter 423, 2020 General Session
2023 Utah Code › Title 72 - Transportation Code › Chapter 16 - Amusement Ride Safety Act › Part 3 - Amusement Ride Safety › Section 305 - Insurance required.

Effective 5/12/2020
72-16-305.
Insurance required.
(1) An owner-operator of an amusement ride shall carry liability insurance coverage in at least the following amounts:
(a) $1,000,000 for bodily injury per occurrence;
(b) $250,000 for property damage per occurrence; and
(c) $3,000,000 annual aggregate limit.
(2) An owner-operator of an amusement ride located in an amusement park that employs more than 1,000 individuals in a calendar year shall carry liability insurance coverage in at least the following amounts:
(a) $5,000,000 for bodily injury per occurrence;
(b) $1,000,000 for property damage per occurrence; and
(c) $10,000,000 annual aggregate limit.
Amended by Chapter 423, 2020 General Session
2023 Utah Code › Title 72 - Transportation Code › Chapter 16 - Amusement Ride Safety Act › Part 3 - Amusement Ride Safety › Section 306 - Reporting and shutdown for certain injuries.

Effective 5/12/2020
72-16-306.
Reporting and shutdown for certain injuries.
(1)
(a) An owner-operator shall report each known reportable serious injury to the director within eight hours after the owner-operator learns of the reportable serious injury.
(b) An owner-operator shall include the following information in a report described in Subsection (1)(a):
(i) the owner-operator's name and contact information;
(ii) the location of the amusement ride at the time the reportable serious injury occurred;
(iii) a description of:
(A) the amusement ride; and
(B) the nature of the reportable serious injury; and
(iv) any other information required by rule made under this chapter.
(2)
(a) In addition to the requirement described in Subsection (1), an owner-operator of a mobile amusement ride shall report each known reportable serious injury and serious injury to the fair, show, landlord, or owner of the property upon which the mobile amusement ride was located at the time the reportable serious injury or serious injury occurred.
(b) After a reportable serious injury, the owner-operator may not operate the mobile amusement ride until the owner-operator receives written authorization from the director or the director's designee as required by rule made in accordance with this chapter.
(3) For purposes of Title 63G, Chapter 2, Government Records Access and Management Act, a report to the director described in this section and any record related to the report is a protected record as defined in Section 63G-2-103, except the ride description, the owner-operator, the location of the amusement ride at the time the reportable serious injury occurred, and the general nature of the reportable serious injury.
Amended by Chapter 354, 2020 General Session
Amended by Chapter 423, 2020 General Session
2023 Utah Code › Title 72 - Transportation Code › Chapter 16 - Amusement Ride Safety Act › Part 4 - Enforcement › Section 401 - Penalty for violation.

Effective 5/12/2020
72-16-401.
Penalty for violation.
(1) If an owner-operator or operator violates a provision of this chapter with respect to an amusement ride, in accordance with Title 63G, Chapter 4, Administrative Procedures Act, the director may:
(a) deny, suspend, or revoke, in whole or in part, the owner-operator's annual amusement ride permit or multi-ride permit for the amusement ride; or
(b) impose fines or administrative penalties in accordance with rules made by the committee.
(2) Upon a violation of a provision of this chapter, the director may file an action in district court to enjoin the operation of an amusement ride.
Amended by Chapter 423, 2020 General Session
2023 Utah Code › Title 72 - Transportation Code › Chapter 16 - Amusement Ride Safety Act › Part 4 - Enforcement › Section 402 - Audit -- Right of entry.

Effective 5/14/2019
72-16-402.
Audit -- Right of entry.
The director or the director's representative, upon presenting appropriate credentials to the owner-operator, operator, or agent in charge, may enter a premises where an amusement ride is located for the purpose of auditing compliance with the provisions of this chapter.
Enacted by Chapter 244, 2019 General Session
2023 Utah Code › Title 72 - Transportation Code › Chapter 17 - Rail Safety › Part 1 - Office of Rail Safety › Section 101 - Office of Rail Safety -- Creation -- Applicability.

Effective 3/31/2024
72-17-101.
Office of Rail Safety -- Creation -- Applicability.
(1) In accordance with 49 C.F.R. Part 212, State Safety Participation Regulations, there is created within the department an Office of Rail Safety.
(2) As described in 49 C.F.R. Secs. 212.105 and 212.107, to organize the Office of Rail Safety, the executive director shall:
(a) enter into an agreement with the Federal Railroad Administration to participate in inspection and investigation activities; and
(b) obtain certification from the Federal Railroad Administration to undertake inspection and investigative responsibilities and duties.
(3) In establishing the Office of Rail Safety in accordance with the duties described in 49 C.F.R. Part 212, the department may hire personnel and establish the duties of the office in phases.
(4) This chapter applies to:
(a) a class I railroad; and
(b) commuter rail.
Enacted by Chapter 42, 2023 General Session
2023 Utah Code › Title 72 - Transportation Code › Chapter 17 - Rail Safety › Part 1 - Office of Rail Safety › Section 102 - Definitions.

Effective 3/31/2024
72-17-102.
Definitions.
As used in this chapter:
(1) "Class I railroad" means the same as that term is defined in 49 U.S.C. Sec. 20102.
(2) "Commuter rail" means the same as that term is defined in Section 63N-3-602.
(3) "Federal Railroad Administration" means the Federal Railroad Administration created in 49 U.S.C. Sec. 103.
(4) "Office" means the Office of Rail Safety created in accordance with Section 72-17-101.
(5) "Railroad" means the same as that term is defined in 49 C.F.R. Sec. 200.3.
Enacted by Chapter 42, 2023 General Session
2023 Utah Code › Title 72 - Transportation Code › Chapter 17 - Rail Safety › Part 1 - Office of Rail Safety › Section 104 - Federal Railroad Administration Grant Program.

Effective 3/31/2024
72-17-104.
Federal Railroad Administration Grant Program.
After reaching an agreement with and receiving the certification from the Federal Railroad Administration as described in Section 72-17-101, the office may apply for Railroad Safety Grants as often as permitted by the Federal Railroad Administration.
Enacted by Chapter 42, 2023 General Session
2023 Utah Code › Title 72 - Transportation Code › Chapter 17 - Rail Safety › Part 1 - Office of Rail Safety › Section 106 - Office of Rail Safety Account.

Effective 3/31/2024
72-17-106.
Office of Rail Safety Account.
(1) There is created an expendable special revenue fund called the Office of Rail Safety Account.
(2) The account shall be funded by:
(a) deposits into the account by the Legislature;
(b) fees collected pursuant to Section 72-17-105; and
(c) other deposits or donations into the account.
(3) The office shall provide a detailed budget to account for the office's expenditures related to the enforcement of this part, including:
(a) salaries, per diem, and travel expenses of employees performing the duties described in this part;
(b) expenditures for clerical and support staff directly associated with the duties described in this part;
(c) expenditures for legal staff who pursue and administer complaints and compliance issues related to this part; and
(d) reasonable overhead costs related to Subsections (3)(a) through (c).
(4) The office, in performing the duties under this part:
(a) shall limit the expenditure of funds to the total amount of fees collected from the railroads as described in this section; and
(b) may not expend funds from other sources accessible to the department.
Enacted by Chapter 42, 2023 General Session
2023 Utah Code › Title 72 - Transportation Code › Chapter 17 - Rail Safety › Part 1 - Office of Rail Safety › Section 107 - Rulemaking regarding railroad clearances and walkways.

Effective 3/31/2024
72-17-107.
Rulemaking regarding railroad clearances and walkways.
In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the department shall make rules to establish safety standards related to:
(1) walkways adjacent to railroad track;
(2) clearances of structures and other obstructions near railroad track;
(3) the safety of office personnel conducting inspections in accordance with this part;
(4) railroad infrastructure and work spaces for railroad workers;
(5) signage related to railroad worker safety; and
(6) other safety standards as the department finds necessary.
Enacted by Chapter 42, 2023 General Session
2023 Utah Code › Title 72 - Transportation Code › Chapter 17 - Rail Safety › Part 1 - Office of Rail Safety › Section 108 - Agreements to indemnify in a railroad contract.

Effective 3/31/2024
72-17-108.
Agreements to indemnify in a railroad contract.
(1) As used in this section:
(a) "Railroad contract" means a contract or agreement between:
(i) a railroad; and
(ii) another person that could be subject to a civil penalty or fine issued pursuant to this chapter.
(b) "Indemnification provision" means a covenant, promise, agreement, or understanding in, in connection with, or collateral to a railroad contract that requires the person to insure, hold harmless, indemnify, or defend the railroad against liability, if:
(i) the damages arise out of a civil penalty issued pursuant to this chapter; and
(ii) the damages are caused by or resulting from the fault of the railroad or the railroad's agents or employees.
(2) Except as provided in Subsection (3), an indemnification provision in a railroad contract is against public policy and is void and unenforceable.
(3) If an indemnification provision is included in a railroad contract, in any action for damages described in Subsection (1)(b)(i), the railroad may seek indemnification from another party to a railroad contract pro rata based on the proportional share of fault of each party, if:
(a) the damages are caused in part by the party other than the railroad;
(b) the cause of the damages arose at a time when the party other than the railroad was operating pursuant to the railroad contract.
(4) This section may not be construed to impair a contract in existence before May 3, 2023.
Enacted by Chapter 42, 2023 General Session
2023 Utah Code › Title 72 - Transportation Code › Chapter 17 - Rail Safety › Part 2 - Regulation of Highway-Railroad Grade Crossings › Section 201 - Definitions.

Effective 3/31/2024
72-17-201.
Definitions.
As used in this part:
(1) "Highway-railroad grade crossing" means:
(a) an intersection where a railroad track crosses a highway at the same level; or
(b) an intersection where the railroad track of a railroad entity crosses the railroad track of another railroad entity at the same level.
(2) "Public Service Commission" means the Public Service Commission of Utah created in Section 54-1-1.
(3) "Railroad entity" means an entity, a company, a person, or a public transit provider that owns, controls, operates, or manages a railroad.
Renumbered and Amended by Chapter 42, 2023 General Session, (Coordination Clause)
Technical renumber instructions from Coordination Clause.
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 1 - General Provisions › Section 1 - Waters declared property of public.

73-1-1.
Waters declared property of public.
(1) All waters in this state, whether above or under the ground, are hereby declared to be the property of the public, subject to all existing rights to the use thereof.
(2) The declaration of public ownership of water in Subsection (1) does not create or recognize an easement for public recreational use on private property.
(3) The Legislature shall govern the use of public water for beneficial purposes, as limited by constitutional protections for private property.
(4) The right of the public to use public water for recreational purposes is governed by Chapter 29, Public Waters Access Act.
Amended by Chapter 410, 2010 General Session
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 1 - General Provisions › Section 2 - Unit of measurement -- Of flow -- Of volume.

73-1-2.
Unit of measurement -- Of flow -- Of volume.
The standard unit of measurement of the flow of water shall be the discharge of one cubic foot per second of time, which shall be known as a second-foot; and the standard unit of measurement of the volume of water shall be the acre-foot, being the amount of water upon an acre covered one foot deep, equivalent to 43,560 cubic feet.
No Change Since 1953
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 1 - General Provisions › Section 4.5 - Authorization for water companies to allocate water rights lost by forfeiture or nonuse -- Redemption and retirement of water shares.

Effective 5/9/2017
73-1-4.5.
Authorization for water companies to allocate water rights lost by forfeiture or nonuse -- Redemption and retirement of water shares.
(1)
(a) If a water right, to which a water company holds title, ceases or is lost due to forfeiture or abandonment for lack of beneficial use, in whole or in part, the water company shall, through procedures consistent with this section, and as defined in the company's articles of incorporation or bylaws, apportion the loss to each stockholder whose failure to make beneficial use caused the loss of the water right.
(b) The water company shall make an apportionment if a court of proper jurisdiction makes a final decision that a loss has occurred.
(c) The water company shall also reduce the amount of water provided to the shareholder in proportion to the amount of the lost water right during an appeal of a decision that reduced the company water rights, unless otherwise ordered by a court of proper jurisdiction.
(d) The water company may take any action under this Subsection (1), whether the loss occurred:
(i) under Utah Code Annotated Section 73-1-4, including losses that occur as part of a general determination under Title 73, Chapter 4, Determination of Water Rights; or
(ii) through any other decision by a court of proper jurisdiction.
(2)
(a) If the water company apportions a water right under Subsection (1), a sufficient number of shares to account for the water right lost, including necessary transport or "carrier water" losses, shall be treated by the water company as shares redeemed by the company from the stockholder responsible for the loss.
(b) The number of shares owned by that shareholder shall be reduced accordingly on the records of the company.
(c) Upon the redemption, the authorized shares of the company shall be reduced by the amount of shares that were redeemed under this Subsection (2).
(3) The redemption and retirement under this section of shares belonging to a stockholder does not relieve the stockholder of liability for unpaid assessments on the stock or debts the shareholder may owe to the water company.
Amended by Chapter 132, 2017 General Session
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 1 - General Provisions › Section 6 - Eminent domain -- Purposes.

73-1-6.
Eminent domain -- Purposes.
Any person shall have a right of way across and upon public, private and corporate lands, or other rights of way, for the construction, maintenance, repair and use of all necessary reservoirs, dams, water gates, canals, ditches, flumes, tunnels, pipelines and areas for setting up pumps and pumping machinery or other means of securing, storing, replacing and conveying water for domestic, culinary, industrial and irrigation purposes or for any necessary public use, or for drainage, upon payment of just compensation therefor, but such right of way shall in all cases be exercised in a manner not unnecessarily to impair the practical use of any other right of way, highway or public or private road, or to injure any public or private property.
No Change Since 1953
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 1 - General Provisions › Section 9 - Contribution between joint owners of ditch or reservoir.

73-1-9.
Contribution between joint owners of ditch or reservoir.
When two or more persons are associated in the use of any dam, canal, reservoir, ditch, lateral, flume or other means for conserving or conveying water for the irrigation of land or for other purposes, each of them shall be liable to the other for the reasonable expenses of maintaining, operating and controlling the same, in proportion to the share in the use or ownership of the water to which he is entitled.
No Change Since 1953
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 1 - General Provisions › Section 10 - Conveyance of water rights -- Deed -- Exceptions -- Filing and recording of deed -- Report of water right conveyance.

73-1-10.
Conveyance of water rights -- Deed -- Exceptions -- Filing and recording of deed -- Report of water right conveyance.
(1)
(a) A water right, whether evidenced by a decree, a certificate of appropriation, a diligence claim to the use of surface or underground water, or a water user's claim filed in general determination proceedings, shall be transferred by deed in substantially the same manner as is real estate.
(b) The deed must be recorded in the office of the recorder of the county where the point of diversion of the water is located and in the county where the water is used.
(c) A recorded deed of a water right shall from the time of its recording in the office of the county recorder constitute notice of its contents to all persons.
(d)
(i) Beginning July 1, 2011, a deed under Subsection (1)(a) may include a water rights addendum as provided in Section 57-3-109.
(ii) The state engineer shall consider a water rights addendum that is recorded and forwarded to the state engineer by a county recorder, in accordance with Section 57-3-109, as a submitted report of water right conveyance under Subsection (3).
(2) The right to the use of water evidenced by shares of stock in a corporation shall be transferred in accordance with the procedures applicable to securities set forth in Title 70A, Chapter 8, Uniform Commercial Code - Investment Securities.
(3)
(a) To update water right ownership on the records of the state engineer, a water right owner shall submit a report of water right conveyance to the state engineer.
(b) The report of water right conveyance shall be on forms provided by the state engineer.
(c) The report shall be prepared by:
(i) or prepared under the direction of and certified by, any of the following persons licensed in Utah:
(A) an attorney;
(B) a professional engineer;
(C) a title insurance producer; or
(D) a professional land surveyor; or
(ii) the water right owner as authorized by rule of the state engineer.
(d) The filing and processing of a report of water right conveyance with the state engineer is neither an adjudication of water right ownership nor an opinion as to title or validity of the water right.
(e) The state engineer shall adopt rules that specify:
(i) the information required in a report of water right conveyance; and
(ii) the procedures for processing the reports.
Amended by Chapter 363, 2013 General Session
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 1 - General Provisions › Section 12 - Failure to record -- Effect.

73-1-12.
Failure to record -- Effect.
Every deed of a water right which shall not be recorded as provided in this title shall be void as against any subsequent purchaser, in good faith and for a valuable consideration, of the same water right, or any portion thereof, where his own deed shall be first duly recorded.
No Change Since 1953
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 1 - General Provisions › Section 13 - Corporations -- One water company may own stock in another.

73-1-13.
Corporations -- One water company may own stock in another.
Any irrigation or reservoir company incorporated and existing under the laws of this state may purchase or subscribe for the capital stock of any other similar corporation which at the time of such purchase or subscription shall be or is about to be incorporated; provided, that such purchase or subscription shall be made only when permitted by the articles of incorporation, and such corporations are hereby permitted and authorized to amend their articles of incorporation so as to authorize such purchase or subscription.
No Change Since 1953
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 1 - General Provisions › Section 14 - Acts against water facilities or interfering with apportioning official -- Penalty and liability.

Effective 5/3/2023
73-1-14.
Acts against water facilities or interfering with apportioning official -- Penalty and liability.
(1) As used in this section:
(a) "Connection to a water facility" includes:
(i) to introduce water or another substance into or take water from a water facility through a pipeline, flume, ditch, canal, trench, holding pond, or water collection structure;
(ii) to place or maintain a structure capable of introducing water or another substance directly into or of taking water from a water facility from a pipeline, flume, ditch, canal, trench, holding pond, or water collection structure; or
(iii) to cut into or breach a canal or ditch bank for the purpose of introducing water or another substance into or of taking water from the canal or ditch.
(b) "Interfere," for purposes of a water facility, means damage to or modification of the water facility that results in actual blockage or diversion of water, stormwater, wastewater, or sewage.
(c) "Knowingly" means the same as that term is defined in Section 76-2-103.
(d) "Water facility" means a dam, pipeline, culvert, fire hydrant, flume, conduit, ditch, head gate, canal, reservoir, storage tank, spring box, well, meter, weir, valve, casing, cap, or other facility used for the diversion, transportation, distribution, measurement, collection, containment, or storage of water, stormwater, wastewater, or sewage.
(2) Subject to Subsection (6), a person is guilty of a crime punishable under Section 73-2-27 if the person:
(a) knowingly makes a temporary or permanent connection to, or interferes with, a water facility without:
(i) first obtaining the written consent of the owner or operator of the water facility; or
(ii) having other lawful authority; or
(b) without lawful authority, knowingly interferes with an individual authorized to apportion water while in the discharge of the individual's duties.
(3) A person who commits an act defined as a crime under this section is also liable for damages, other relief, and reasonable costs and attorney fees as provided in Section 73-2-28, in a civil action brought by a person injured by that act.
(4)
(a) A civil action under this section may be brought independent of a criminal action.
(b) Proof of the elements of a civil action under this section need only be made by a preponderance of the evidence.
(5) A person who complies with Title 54, Chapter 8a, Damage to Underground Utility Facilities, Section 73-1-7, or Section 73-1-15.5 may not be held criminally or civilly liable for actions allowed by those sections.
(6)
(a) "Person" for purposes of this section does not include a government entity, including a political subdivision of the state.
(b) This section may not be interpreted to limit or impair a claim otherwise provided by law of a water facility owner or operator against a government entity.
Amended by Chapter 105, 2023 General Session
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 1 - General Provisions › Section 15 - Obstructing or change of water facilities -- Penalties.

Effective 5/12/2020
73-1-15.
Obstructing or change of water facilities -- Penalties.
(1)
(a) When a person has a right-of-way of an established type or title for a water facility, as defined in Section 73-1-14, it is unlawful for a person to place or maintain in place any obstruction, or change of the water flow by fence or otherwise, along, across, in, or to the water facility, except as where the water facility inflicts damage to private property, without first:
(i) receiving written permission for the change or obstruction and providing gates sufficient for the passage of the owner or owners of the water facility; or
(ii) complying with the requirements of Section 73-1-15.5.
(b) That the vested rights in the established water facility shall be protected against all encroachments.
(c) That indemnifying agreements may be entered as may be just and proper by governmental agencies.
(2) A person violating this section is guilty of a crime punishable under Section 73-2-27.
(3) A person who commits an act defined as a crime under this section is also liable for damages or other relief and costs in a civil action to a person injured by that act.
(4)
(a) A civil action under this section may be brought independent of a criminal action.
(b) Proof of the elements of a civil action under this section need only be made by a preponderance of the evidence.
Amended by Chapter 64, 2020 General Session
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 1 - General Provisions › Section 17 - Borrowing from federal government authorized.

73-1-17.
Borrowing from federal government authorized.
That irrigation companies, drainage districts, and irrigation districts heretofore organized under the laws of the state of Utah be and they are hereby authorized and empowered to borrow money from the Reconstruction Finance Corporation, organized pursuant to an Act of Congress of the United States, or from any other governmental loaning agency or agencies to aid them in refunding or refinancing their obligations outstanding on the date of enactment by the Congress of the United States of the Emergency Relief and Construction Act of 1932 through the purchase and retirement of such obligations at a discount, or otherwise, if such obligations were issued in connection with irrigation and/or drainage projects of such companies and/or districts, respectively, which are self-liquidating in character, or where the loan can be repaid by the applicant for such loan by assessment on the issued and outstanding capital stock of the irrigation company, or by assessment on the land or lands within the exterior boundaries of the drainage district, or by assessments on the lands and/or water allotted to lands within the exterior boundaries of the irrigation district.
No Change Since 1953
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 1 - General Provisions › Section 18 - Bonds issued -- Interest -- Lien.

73-1-18.
Bonds issued -- Interest -- Lien.
The money so borrowed shall be evidenced by the bond or bonds or other obligations of the irrigation companies, drainage districts, or irrigation districts borrowing the same and shall constitute and be secured by a first lien on the water rights, canal rights and all assets of the irrigation companies, and on all lands within the exterior boundaries of drainage districts, and on all lands and/or water allotted to lands within the exterior boundaries of the irrigation districts, and shall bear such rate of interest and mature at such time or times as the contracting parties may agree upon.
No Change Since 1953
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 1 - General Provisions › Section 19 - State, agency, county, city or town -- Authority of -- To procure stock of irrigation or pipeline company -- To bring its land within conservation or conservancy district.

73-1-19.
State, agency, county, city or town -- Authority of -- To procure stock of irrigation or pipeline company -- To bring its land within conservation or conservancy district.
The state of Utah, or any department, board or agency thereof, and any county, city, or town, owning or having control of land or improvements thereon which is in need of a supply of water for such land or the improvements thereon, or in need of facilities for conveyance of such water, is authorized to subscribe for or purchase corporate stock of irrigation companies, pipeline companies, or associations and take the necessary steps to bring the land owned or controlled by any of them within any conservation or conservancy district formed or to be formed under the laws of the state of Utah to procure such supply of water to all intents and purposes as if an individual.
No Change Since 1953
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 2 - State Engineer - Division of Water Rights › Section 1.1 - Division of Water Rights -- Creation -- Power and authority.

73-2-1.1.
Division of Water Rights -- Creation -- Power and authority.
There is created the Division of Water Rights, which shall be within the Department of Natural Resources under the administration and general supervision of the executive director of natural resources. The Division of Water Rights shall be the water rights authority of the state of Utah and is vested with such powers and required to perform such duties as are set forth in law.
Amended by Chapter 198, 1969 General Session
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 2 - State Engineer - Division of Water Rights › Section 1.2 - Director of Division of Water Rights -- Appointment of state engineer.

73-2-1.2.
Director of Division of Water Rights -- Appointment of state engineer.
The Division of Water Rights shall be administered by the state engineer who shall act as the director of the Division of Water Rights and who shall be appointed as provided by Section 73-2-1. Nothing contained in this act shall modify, repeal or impair the powers or duties of the state engineer relating to the administration, appropriation, adjudication and distribution of the waters of the state of Utah as are conferred upon him pursuant to Title 73, Water and Irrigation, or the provisions of any other laws.
Enacted by Chapter 176, 1967 General Session
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 2 - State Engineer - Division of Water Rights › Section 1.3 - Report to executive director of natural resources.

73-2-1.3.
Report to executive director of natural resources.
The state engineer shall report to the executive director of natural resources at such times and on such administrative matters concerning his office as the executive director may require.
Enacted by Chapter 176, 1967 General Session
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 2 - State Engineer - Division of Water Rights › Section 1.5 - Procedures -- Adjudicative proceedings.

73-2-1.5.
Procedures -- Adjudicative proceedings.
Except as provided in Sections 63G-4-102 and 73-2-25, the state engineer and the Division of Water Rights shall comply with the procedures and requirements of Title 63G, Chapter 4, Administrative Procedures Act, in their adjudicative proceedings.
Amended by Chapter 382, 2008 General Session
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 2 - State Engineer - Division of Water Rights › Section 1.6 - Water Rights Restricted Account.

Effective 7/1/2022
73-2-1.6.
Water Rights Restricted Account.
(1) As used in this section:
(a) "Account" means the Water Rights Restricted Account created by this section.
(b) "Division" means the Division of Water Rights.
(2) There is created in the General Fund a restricted account known as the "Water Rights Restricted Account."
(3) The account shall consist of the money deposited into the account under Subsection 59-12-103(5)(e).
(4) Upon appropriation, the division may use money in the account for costs incurred by the division that benefit water rights adjudications, including:
(a) employing technical staff;
(b) acquiring equipment;
(c) legal support; and
(d) conducting studies.
(5)
(a) The account may not exceed $8,000,000 at the end of a fiscal year.
(b) If the account exceeds $8,000,000 at the end of a fiscal year, the Division of Finance shall deposit into the Water Resources Conservation and Development Fund, created in Section 73-10-24, the money in excess of the amount necessary to maintain the account balance at $8,000,000.
Enacted by Chapter 106, 2022 General Session
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 2 - State Engineer - Division of Water Rights › Section 1.7 - Water for power study.

Effective 5/4/2022
73-2-1.7.
Water for power study.
(1) As used in this section:
(a) "Coal gasification" means the process of using a gasifier to convert coal into synthesis gas which can then be converted to hydrogen.
(b) "Electrolysis" means the process of using electricity to split water into hydrogen and oxygen.
(c) "Steam methane reforming" means the process of chemical synthesis to use a catalyst to produce hydrogen from methane derived from natural gas.
(d) "Water cycle" means the biogeochemical cycle that describes the continuous movement of water on, above, and below the surface of the earth.
(2) The state engineer shall commission a study to determine the quantitative impacts to the state's water cycle from:
(a) electrolysis;
(b) the generation of electricity by burning as fuel hydrogen resulting from electrolysis; and
(c) the generation of electricity by burning as fuel a blend of natural gas and hydrogen.
(3) The study shall compare the quantitative impacts to the water cycle to generating electricity by:
(a) burning coal;
(b) burning natural gas;
(c) solar energy;
(d) wind energy;
(e) burning a combination of hydrogen and natural gas; and
(f) burning hydrogen produced from:
(i) electrolysis;
(ii) coal gasification; and
(iii) steam methane reforming.
(4) The impacts quantified in Subsections (3)(e) and (f) shall include the quantitative impacts to the water cycle of:
(a) burning the hydrogen; and
(b) producing the hydrogen from fuel through:
(i) electrolysis;
(ii) coal gasification; and
(iii) steam methane reforming.
(5) The study described in Subsection (3) shall describe factors that influence the findings described in Subsection (3), including efficiency of the power.
(6) The state engineer shall report the findings of the study described in Subsection (3) to the Public Utilities, Energy, and Technology Interim Committee and to the Legislative Water Development Commission on or before November 1, 2022.
Enacted by Chapter 75, 2022 General Session
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 2 - State Engineer - Division of Water Rights › Section 2 - Oath.

73-2-2.
Oath.
(1) Before entering upon the duties of the office, the state engineer shall take and subscribe the constitutional oath of office.
(2) The state engineer shall file the oath with the Division of Archives.
Amended by Chapter 298, 2010 General Session
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 2 - State Engineer - Division of Water Rights › Section 4 - Deputies and assistants -- Employment and salaries -- Purchase of equipment and supplies.

Effective 5/4/2022
73-2-4.
Deputies and assistants -- Employment and salaries -- Purchase of equipment and supplies.
For the purpose of performing the duties of the state engineer's office the state engineer may:
(1) employ one or more deputies and necessary assistants;
(2) fix division employees' salaries in accordance with salary standards under Title 63A, Chapter 17, Utah State Personnel Management Act; and
(3) purchase necessary equipment and supplies.
Amended by Chapter 70, 2022 General Session
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 2 - State Engineer - Division of Water Rights › Section 5 - Aid to district court.

73-2-5.
Aid to district court.
In aid of the district court the state engineer shall have power to collect facts and make surveys and do all other necessary things, the cost of which shall be paid by the state upon presentation to the director of the Division of Finance of monthly statements and certification by the state engineer.
Amended by Chapter 320, 1983 General Session
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 2 - State Engineer - Division of Water Rights › Section 7 - Aid to federal court.

73-2-7.
Aid to federal court.
The state engineer, when requested by the district court of the United States for the district of Utah, may assist said court in any matter relating to the distribution and use of any of the waters of the state, and may when so requested cooperate with any water commissioner appointed by said court in any such matter.
No Change Since 1953
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 2 - State Engineer - Division of Water Rights › Section 10 - Knowledge of waterways and irrigation -- Suggestions as to amendment or enactment of laws.

73-2-10.
Knowledge of waterways and irrigation -- Suggestions as to amendment or enactment of laws.
The state engineer shall become conversant with the waterways of the state and its needs as to irrigation matters; and he shall make such suggestions as to the amendment of existing laws or the enactment of new laws as his information and experience shall suggest.
Amended by Chapter 201, 1983 General Session
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 2 - State Engineer - Division of Water Rights › Section 11 - Records -- Certified copies -- Evidence.

73-2-11.
Records -- Certified copies -- Evidence.
He shall keep on file in his office full and proper records of his work, including all field notes, computations and facts made or collected by him, all of which shall be part of the records of his office and the property of the state. All records, maps and papers recorded or filed in the office of the state engineer shall be open to the public during business hours. The office of the state engineer is hereby declared to be an office of public record, and none of the files, records or documents shall be removed therefrom, except in the custody of the state engineer or one of his deputies. Certified copies of any record or document shall be furnished by the state engineer on demand, upon payment of the reasonable cost of making the same, together with the legal fee for certification. Such copies shall be competent evidence, and shall have the same force and effect as the originals.
No Change Since 1953
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 2 - State Engineer - Division of Water Rights › Section 12 - Seal.

73-2-12.
Seal.
The state engineer shall have a seal which he shall affix to all certificates issued from his office, and he shall file a description and an impression of the same with the Division of Archives.
Amended by Chapter 67, 1984 General Session
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 2 - State Engineer - Division of Water Rights › Section 13 - Attorney general and county attorneys to counsel.

73-2-13.
Attorney general and county attorneys to counsel.
In all matters requiring legal advice in the performance of his duties and the prosecution or defense of any action growing out of the performance of his duties, the attorney general or county attorney of the county in which any legal question arises, shall be the legal advisers of the state engineer, and they are hereby required to perform any and all legal services required of them by him without other compensation than their salaries.
Amended by Chapter 186, 1971 General Session
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 2 - State Engineer - Division of Water Rights › Section 14 - Fees of state engineer -- Deposited as a dedicated credit.

Effective 5/12/2020
73-2-14.
Fees of state engineer -- Deposited as a dedicated credit.
(1) The state engineer shall charge fees pursuant to Section 63J-1-504 for the following:
(a) applications to appropriate water;
(b) applications to temporarily appropriate water;
(c) applications for a change;
(d) applications for exchange;
(e) applications for nonuse of water;
(f) applications to appropriate water, or make a change, for use outside the state filed pursuant to Title 73, Chapter 3a, Water Exports;
(g) groundwater recovery permits;
(h) diligence claims for surface or underground water filed pursuant to Section 73-5-13;
(i) republication of notice to water users after amendment of application where required by this title;
(j) applications to segregate;
(k) requests for an extension of time in which to submit proof of appropriation not to exceed 14 years after the date of approval of the application;
(l) requests for an extension of time in which to submit proof of appropriation 14 years or more after the date of approval of the application;
(m) groundwater recharge permits;
(n) applications for a well driller's license, annual renewal of a well driller's license, and late annual renewal of a well driller's license;
(o) certification of copies;
(p) preparing copies of documents;
(q) reports of water right conveyance; and
(r) requests for a livestock water use certificate under Section 73-3-31.
(2) Fees for the services specified in Subsections (1)(a) through (i) shall be based upon the rate of flow or volume of water. If it is proposed to appropriate by both direct flow and storage, the fee shall be based upon either the rate of flow or annual volume of water stored, whichever fee is greater.
(3) Fees collected under this section:
(a) shall be deposited in the General Fund as a dedicated credit to be used by the Division of Water Rights; and
(b) may only be used by the Division of Water Rights to:
(i) meet the publication of notice requirements under this title;
(ii) process reports of water right conveyance;
(iii) process a request for a livestock water use certificate; and
(iv) hire an employee to assist with processing an application.
Amended by Chapter 421, 2020 General Session
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 2 - State Engineer - Division of Water Rights › Section 15 - Agreements with federal and state agencies -- Investigations, surveys or adjudications.

73-2-15.
Agreements with federal and state agencies -- Investigations, surveys or adjudications.
The state engineer, for and on behalf of the state of Utah, with the approval of the executive director of natural resources and the governor, is authorized to enter into agreements with any federal or state agency, subdivision or institution for cooperation in making snow surveys and investigations of both underground and surface water resources of the state. The state engineer is further authorized to cooperate with such agencies, subdivisions and institutions, with the approval of the executive director and the governor, for the investigation of flood and erosion control and for the adjudication of water rights. The expenses of such investigations, surveys and adjudications shall be divided between the cooperating parties upon an equitable basis.
Amended by Chapter 198, 1969 General Session
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 2 - State Engineer - Division of Water Rights › Section 16 - Arbitration -- Confirmation by district court.

73-2-16.
Arbitration -- Confirmation by district court.
The state engineer is authorized to conduct informal proceedings for the arbitration or settlement of disputes over water or the distribution thereof; provided all persons having an interest in the water in controversy shall in writing agree to any settlement effected thereby, and provided further that settlements shall be confirmed by decree of a court of competent jurisdiction.
No Change Since 1953
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 2 - State Engineer - Division of Water Rights › Section 17 - Authorization of cooperative investigations of groundwater resources.

73-2-17.
Authorization of cooperative investigations of groundwater resources.
The state engineer, for and on behalf of the state of Utah, with the approval of the executive director and the governor, is authorized and directed to enter into an agreement with the United States geological survey or any other federal or state agency, for cooperation in making investigations of the groundwater resources of the state and reporting thereon.
Amended by Chapter 198, 1969 General Session
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 2 - State Engineer - Division of Water Rights › Section 20 - Employees authorized to enter and cross lands -- Injuring monuments a crime.

73-2-20.
Employees authorized to enter and cross lands -- Injuring monuments a crime.
(1) In order to carry out the purposes of this title any person properly employed hereunder is authorized to enter and cross all lands within the state if no damage is done to private property.
(2) It is a crime punishable under Section 73-2-27 for any person to knowingly or intentionally remove or injure any equipment, permanent marks, or monuments made or installed by any person properly employed under this title.
Amended by Chapter 215, 2005 General Session
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 2 - State Engineer - Division of Water Rights › Section 22 - Emergency flood powers -- Action to enforce orders -- Access rights to private and public property -- Injunctive relief against state engineer's decisions -- Judicial review provisions not applicable.

Effective 5/10/2016
73-2-22.
Emergency flood powers -- Action to enforce orders -- Access rights to private and public property -- Injunctive relief against state engineer's decisions -- Judicial review provisions not applicable.
(1) Whenever the state engineer, with approval of the chair of the Emergency Management Administration Council created in Section 53-2a-105, makes a written finding that any reservoir or stream has reached or will reach during the current water year a level far enough above average and in excess of capacity that public safety is or is likely to be endangered or that substantial property damage is occurring or is likely to occur, the state engineer shall have emergency powers until the danger to the public and property is abated.
(2) Emergency powers shall consist of the authority to control stream flow and reservoir storage or release.
(3) The state engineer must protect existing water rights to the maximum extent possible when exercising emergency powers.
(4) Any action taken by the state engineer under this section shall be by written order.
(5) If any person refuses or neglects to comply with any order of the state engineer issued pursuant to his emergency powers, the state engineer may bring action in the name of the state in the district court to enforce them.
(6) In carrying out the state engineer's emergency powers, the state engineer shall have rights of access to private and public property.
(7) Any person affected by a decision of the state engineer made under the state engineer's emergency powers shall have the right to seek injunctive relief, including temporary restraining orders and temporary injunctions in any district court of the county where that person resides.
(8) No order of the state engineer shall be enjoined or set aside unless shown by clear and convincing evidence that an emergency does not in fact exist or that the order of the state engineer is arbitrary or capricious.
(9) The provisions of Sections 73-3-14 and 73-3-15 shall not be applicable to any order of the state engineer issued pursuant to this section.
Amended by Chapter 348, 2016 General Session