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[Utah Code Table of Contents]
[TITLE 73. Table of Contents]

73-3-1 Appropriation - Manner of acquiring water rights.

Rights to the use of the unappropriated public waters in this state may be acquired only as provided in this title. No appropriation of water may be made and no rights to the use thereof initiated and no notice of intent to appropriate shall be recognized except application for such appropriation first be made to the state engineer in the manner hereinafter provided, and not otherwise. The appropriation must be for some useful and beneficial purpose, and, as between appropriators, the one first in time shall be first in rights; provided, that when a use designated by an application to appropriate any of the unappropriated waters of the state would materially interfere with a more beneficial use of such water, the application shall be dealt with as provided in Section 73-3-8 . No right to the use of water either appropriated or unappropriated can be acquired by adverse use or adverse possession.
    1953

73-3-2 Application for right to use unappropriated public water - Necessity - Form - Contents - Validation of prior applications by state or United States or officer or agency thereof.

(1) (a) In order to acquire the right to use any unappropriated public water in this state, any person who is a citizen of the United States, or who has filed his declaration of intention to become a citizen as required by the naturalization laws, or any association of citizens or declarants, or any corporation, or the state of Utah by the directors of the divisions of travel development, business and economic development, wildlife resources, and state lands and forestry, or the executive director of the Department of Transportation for the use and benefit of the public, or the United States of America shall make an application in a form prescribed by the state engineer before commencing the construction, enlargement, extension, or structural alteration of any ditch, canal, well, tunnel, or other distributing works, or performing similar work tending to acquire such rights or appropriation, or enlargement of an existing right or appropriation.

(b) The application shall be upon a form to be furnished by the state engineer and shall set forth:

(i) the name and post office address of the person, corporation, or association making the application;

(ii) the nature of the proposed use for which the appropriation is intended;

(iii) the quantity of water in acre-feet or the flow of water in second-feet to be appropriated;

(iv) the time during which it is to be used each year;

(v) the name of the stream or other source from which the water is to be diverted;

(vi) the place on the stream or source where the water is to be diverted and the nature of the diverting works;

(vii) the dimensions, grade, shape, and nature of the proposed diverting channel; and

(viii) other facts that clearly define the full purpose of the proposed appropriation.

(2) (a) In addition to the information required in Subsection (1)(b), if the proposed use is for irrigation, the application shall show:

(i) the legal subdivisions of the land proposed to be irrigated, with the total acreage thereof; and

(ii) the character of the soil.

(b) In addition to the information required in Subsection (1)(b), if the proposed use is for developing power, the application shall show:

(i) the number, size, and kind of water wheels to be employed and the head under which each wheel is to be operated;

(ii) the amount of power to be produced;

(iii) the purposes for which and the places where it is to be used; and

(iv) the point where the water is to be returned to the natural stream or source.

(c) In addition to the information required in Subsection (1)(b), if the proposed use is for milling or mining, the application shall show:

(i) the name of the mill and its location or the name of the mine and the mining district in which it is situated;

(ii) its nature; and

(iii) the place where the water is to be returned to the natural stream or source.

(d) (i) The point of diversion and point of return of the water shall be designated with reference to the United States land survey corners, mineral monuments or permanent federal triangulation or traverse monuments, when either the point of diversion or the point of return is situated within six miles of the corners and monuments.

(ii) If the point of diversion or point of return is located in unsurveyed territory, the point may be designated with reference to a permanent, prominent natural object.

(iii) The storage of water by means of a reservoir shall be regarded as a diversion, and the point of diversion in those cases is the point where the longitudinal axis of the dam crosses the center of the stream bed.

(iv) The point where released storage water is taken from the stream shall be designated as the point of rediversion.

(v) The lands to be inundated by any reservoir shall be described as nearly as may be, and by government subdivision if upon surveyed land. The height of the dam, the capacity of the reservoir, and the area of the surface when the reservoir is filled shall be given.

(vi) If the water is to be stored in an underground area or basin, the applicant shall designate, with reference to the nearest United States land survey corner if situated within six miles of it, the point of area of intake, the location of the underground area or basin, and the points of collection.

(e) Applications for the appropriation of water filed prior to the enactment of this title, by the United States of America, or any officer or agency of it, or the state of Utah, or any officer or agency of it, are validated, subject to any action by the state engineer.
    2001

73-3-3 Permanent or temporary changes in point of diversion, place of use, or purpose of use.

(1) For purposes of this section:

(a) "Permanent changes" means changes for an indefinite length of time with an intent to relinquish the original point of diversion, place of use, or purpose of use.

(b) "Temporary changes" means changes for fixed periods not exceeding one year.

(2) (a) Any person entitled to the use of water may make permanent or temporary changes in the:

(i) point of diversion;

(ii) place of use; or

(iii) purpose of use for which the water was originally appropriated.

(b) A change may not be made if it impairs any vested right without just compensation.

(3) Both permanent and temporary changes of point of diversion, place of use, or purpose of use of water, including water involved in general adjudication or other suits, shall be made in the manner provided in this section.

(4) (a) A change may not be made unless the change application is approved by the state engineer.

(b) Applications shall be made upon forms furnished by the state engineer and shall set forth:

(i) the name of the applicant;

(ii) a description of the water right;

(iii) the quantity of water;

(iv) the stream or source;

(v) the point on the stream or source where the water is diverted;

(vi) the point to which it is proposed to change the diversion of the water;

(vii) the place, purpose, and extent of the present use;

(viii) the place, purpose, and extent of the proposed use; and

(ix) any other information that the state engineer requires.

(5) (a) The state engineer shall follow the same procedures, and the rights and duties of the applicants with respect to applications for permanent changes of point of diversion, place of use, or purpose of use shall be the same, as provided in this title for applications to appropriate water.

(b) The state engineer may, in connection with applications for permanent change involving only a change in point of diversion of 660 feet or less, waive the necessity for publishing a notice of application.

(6) (a) The state engineer shall investigate all temporary change applications.

(b) If the state engineer finds that the temporary change will not impair any vested rights of others, he shall issue an order authorizing the change.

(c) If the state engineer finds that the change sought might impair vested rights, before authorizing the change, he shall give notice of the application to any person whose rights may be affected by the change.

(d) Before making an investigation or giving notice, the state engineer may require the applicant to deposit a sum of money sufficient to pay the expenses of the investigation and publication of notice.

(7) (a) The state engineer may not reject applications for either permanent or temporary changes for the sole reason that the change would impair the vested rights of others.

(b) If otherwise proper, permanent or temporary changes may be approved for part of the water involved or upon the condition that conflicting rights are acquired.

(8) (a) Any person holding an approved application for the appropriation of water may either permanently or temporarily change the point of diversion, place of use, or purpose of use.

(b) A change of an approved application does not:

(i) affect the priority of the original application; or

(ii) extend the time period within which the construction of work is to begin or be completed.

(9) Any person who changes or who attempts to change a point of diversion, place of use, or purpose of use, either permanently or temporarily, without first applying to the state engineer in the manner provided in this section:

(a) obtains no right;

(b) is guilty of a crime punishable under Section 73-2-27 if the change or attempted change is made knowingly or intentionally; and

(c) is guilty of a separately punishable offense for each day of the unlawful change.

(10) (a) This section does not apply to the replacement of an existing well by a new well drilled within a radius of 150 feet from the point of diversion of the existing well.

(b) Any replacement well must be drilled in accordance with the requirements of Section 73-3-28 .

(11) (a) In accordance with the requirements of this section, the Division of Wildlife Resources or Division of Parks and Recreation may file applications for permanent or temporary changes for the purpose of providing water for instream flows, within a designated section of a natural stream channel or altered natural stream channel, necessary within the state for:

(i) the propagation of fish;

(ii) public recreation; or

(iii) the reasonable preservation or enhancement of the natural stream environment.

(b) Applications may be filed for changes on:

(i) perfected water rights presently owned by the respective division;

(ii) perfected water rights purchased by the respective division for the purpose of providing water for instream flows, through funding provided for that purpose by legislative appropriation or acquired by lease, agreement, gift, exchange, or contribution; or

(iii) appurtenant water rights acquired with the acquisition of real property by either division.

(c) A physical structure or physical diversion from the stream is not required to implement a change for instream flow use.

(d) This Subsection (11) does not allow enlargement of the water right sought to be changed nor may the change impair any vested water right.

(e) In addition to the other requirements of this section, an application filed by either division shall:

(i) set forth the legal description of the points on the stream between which the necessary instream flows will be provided by the change; and

(ii) include appropriate studies, reports, or other information required by the state engineer that demonstrate the necessity for the instream flows in the specified section of the stream and the projected benefits to the public that will result from the change.

(f) The Division of Wildlife Resources and Division of Parks and Recreation may:

(i) purchase water rights for the purposes provided in Subsection (11)(a) only with funds specifically appropriated by the Legislature for water rights purchases; or

(ii) accept a donated water right without legislative approval.

(g) This Subsection (11) does not authorize either division to:

(i) appropriate unappropriated water under Section 73-3-2 for the purpose of providing instream flows; or

(ii) acquire water rights by eminent domain for instream flows or for any other purpose.

(h) This Subsection (11) applies only to change applications filed on or after April 28, 1986.

(12) (a) Sixty days before the date on which proof of change for instream flows under Subsection (11) is due, the state engineer shall notify the applicant by registered mail or by any form of electronic communication through which receipt is verifiable of the date when proof of change is due.

(b) Before the date when proof of change is due, the applicant must either:

(i) file a verified statement with the state engineer that the instream flow uses have been perfected, which shall set forth:

(A) the legal description of the points on the natural stream channel or altered natural stream channel between which the necessary instream flows have been provided;

(B) detailed measurements of the flow of water in second feet changed;

(C) the period of use; and

(D) any additional information required by the state engineer; or

(ii) apply for a further extension of time as provided for in Section 73-3-12 .

(c) Upon approval of the verified statement required under Subsection (12)(b)(i), the state engineer shall issue a certificate of change for instream flow use.
    2005

73-3-3.5 Application for a change of point of diversion, place of use, or purpose of use of water in a water company made by a shareholder.

(1) As used in this section:

(a) "Shareholder" means the owner of a share of stock, or other evidence of stock ownership, that entitles the person to a proportionate share of water in a water company.

(b) "Water company" means any company, operating for profit or not for profit, in which a shareholder has the right to receive a proportionate share, based on that shareholder's ownership interest, of water delivered by the company.

(2) A shareholder who seeks to change the point of diversion, place of use, or purpose of use of the shareholder's proportionate share of water in the water company shall submit a request for the change, in writing, to the water company. This request shall include the following information:

(a) the details of the requested change, which may include the point of diversion, period of use, place, or nature of use;

(b) the quantity of water sought to be changed;

(c) the certificate number of the stock affected by the change;

(d) a description of the land proposed to be retired from irrigation pursuant to Section 73-3-3 , if the proposed change in place or nature of use of the water involves a situation where the water was previously used for irrigation;

(e) an agreement by the shareholder to continue to pay all applicable corporate assessments on the share affected by the change; and

(f) any other information that the water company may reasonably need to evaluate the requested change application.

(3) (a) A water company shall make a decision and provide written notice of that decision on a shareholder's request for a change application within 120 days from receipt of the request.

(b) Based on the facts and circumstances of each proposed change, a water company may take the following action:

(i) approve the change request;

(ii) approve the change request with conditions; or

(iii) deny the change request.

(c) If the water company fails to respond to a shareholder's request for a change application, pursuant to Subsection (3)(a), the failure to respond shall be considered to be a denial of the request.

(d) The water company may not withhold approval if any potential damage, liability, or impairment to the water company, or its shareholders, can be reasonably mitigated without cost to the water company.

(e) A water company may consider the following factors in evaluating change applications:

(i) any increased cost to the water company or its shareholders;

(ii) interference with the water company's ability to manage and distribute water for the benefit of all shareholders;

(iii) whether the proposed change represents more water than the shareholder's pro rata share of the water company's right;

(iv) impairment of either the quantity or quality of water delivered to other shareholders under the existing water rights of the water company, including rights to carrier water;

(v) whether the proposed change would cause a violation of any statute, ordinance, regulation, or order of a court or governmental agency;

(vi) whether the shareholder has or can arrange for the beneficial use of water to be retired from irrigation within the water company's service under the proposed change; or

(vii) the cumulative effects that the approval of the change application may have on other shareholders or water company operations.

(4) The water company may require that all costs associated with the change application, including costs of submitting proof, be paid by the shareholder.

(5) (a) The shareholder requesting the change must be current on all water company assessments and agree to continue to pay all applicable future assessments, except that the shareholder may choose to prepay any portion of the water company assessments attributable to an existing debt of the water company.

(b) Other than prepaid assessments, the water company may require that the shareholder continue to pay all applicable assessments.

(6) If the water company approves the requested change, with or without conditions, the change application may be filed with the state engineer, and must:

(a) be signed on behalf of the water company; or

(b) be accompanied by written authorization from the water company assenting to the change.

(7) (a) The state engineer may evaluate a change application authorized by a water company under this section in the same manner and using the same criteria that he or she uses to evaluate any other change application.

(b) Nothing in this section shall limit the authority of the state engineer in evaluating and processing any change application.

(8) If an application authorized by a water company under this section is approved by the state engineer, the shareholder may file requests for extensions of time to submit proof of beneficial use under the change application without further permission of the water company.

(9) (a) Change applications approved under this section are subject to all conditions imposed by the water company and the state engineer.

(b) If a shareholder fails to comply with all of the conditions imposed by the water company, the water company may, after written notice to the shareholder and after allowing reasonable time to remedy the failure, withdraw its approval of the application, and petition the state engineer for an order canceling the change application.

(c) The water company may not revoke its approval of the change application or seek an order canceling the application if the conditions are substantially satisfied.

(10) (a) The shareholder requesting the change shall have a cause of action, including an award of actual damages incurred, against the water company if the water company:

(i) unreasonably withholds approval of a requested change;

(ii) imposes unreasonable conditions in its approval; or

(iii) withdraws approval of a change application in a manner other than as provided in Subsection (9).

(b) The action referred to in Subsection (10)(a) shall be referred to mediation by the court under Title 78, Chapter 31b, Alternative Dispute Resolution Act, unless both parties decline mediation.

(c) If mediation is declined, the prevailing party to the action shall be entitled to costs and reasonable attorney fees.
    2006

73-3-4 "Received," "filed" defined.

Whenever in this title the word "received" is used with reference to any paper deposited in the office of the state engineer, it shall be deemed to mean the date when such paper was first deposited in the state engineer's office; and whenever the term "filed" is used, it shall be deemed to mean the date when such paper was acceptably completed in form and substance and filed in said office.
    1953

73-3-5 Action by engineer on applications.

(1) On receipt of each application containing the information required by Section 73-3-2 , and payment of the filing fee, it shall be the duty of the state engineer to make an endorsement thereon of the date of its receipt, and to make a record of such receipt for that purpose.

(2) It shall be the duty of the state engineer to examine the application and determine whether any corrections, amendments or changes are required for clarity and if so, see that such changes are made before further processing.

(3) All applications which shall comply with the provisions of this chapter and with the regulations of the state engineer shall be filed and recorded.

(4) The state engineer may issue a temporary receipt to drill a well at any time after the filing of an application to appropriate water therefrom, as provided by this section if all fees be advanced and if in his judgment there is unappropriated water available in the proposed source and there is no likelihood of impairment of existing rights; provided, however, that the issuance of such temporary permits shall not dispense with the publishing of notice and the final approval or rejection of such application by the state engineer, as provided by this chapter.

(5) The state engineer may send the necessary notices and address all correspondence relating to each application to the owner thereof as shown by the state engineer's records, or to his attorney in fact provided a written power of attorney is filed in the state engineer's office.
    2001

73-3-5.5 Temporary applications to appropriate water - Approval by engineer - Expiration - Proof of appropriation not required.

(1) The state engineer may issue temporary applications to appropriate water for beneficial purposes.

(2) The provisions of this chapter governing regular applications to appropriate water shall apply to temporary applications with the following exceptions:

(a) (i) The state engineer shall undertake a thorough investigation of the proposed appropriation, and if the temporary application complies with the provisions of Section 73-3-8 , may make an order approving the application.

(ii) If the state engineer finds that the appropriation sought might impair other rights, before approving the application, the state engineer shall give notice of the application to all persons whose rights may be affected by the temporary appropriations.

(b) The state engineer may issue a temporary application for a period of time not exceeding one year.

(c) (i) The state engineer, in the approval of a temporary application, may make approval subject to whatever conditions and provisions he considers necessary to fully protect prior existing rights.

(ii) If the state engineer determines that it is necessary to have a water commissioner distribute the water under a temporary application for the protection of other vested rights, the state engineer may assess the distribution costs against the holder of the temporary application.

(d) (i) A temporary application does not vest in its holder a permanent vested right to the use of water.

(ii) A temporary application automatically expires and is cancelled according to its terms.

(e) Proof of appropriation otherwise required under this chapter is not required for temporary applications.
    1987

73-3-5.6 Applications to appropriate or permanently change a small amount of water.

(1) The state engineer may approve an application to appropriate or permanently change a small amount of water necessary to meet the requirements of one residence, 1/4 acre of irrigable land, and ten cattle or the equivalent amount of water for livestock purposes, if:

(a) the state engineer undertakes a thorough investigation of the proposed appropriation or permanent change;

(b) notice is provided in accordance with Subsection (2); and

(c) the application complies with the state engineer's regional policies and restrictions and Section 73-3-3 or 73-3-8 , as applicable.

(2) (a) Advertising of an application to appropriate or permanently change a small amount of water as specified in Subsection (1) shall be at the discretion of the state engineer.

(b) If the state engineer finds that the uses proposed by the application may impair other rights, before approving the application, the state engineer shall give notice of the application according to Section 73-3-6 .

(3) An applicant receiving approval under this section shall be responsible for the time limit of construction and submitting proof of appropriation or permanent change as required under this chapter.
    1995

73-3-6 Publication of notice of application - Corrections or amendments of applications.

(1) (a) When an application is filed in compliance with this title, the state engineer shall publish a notice of the application once a week for a period of two successive weeks in a newspaper of general circulation in the county in which the source of supply is located, and where the water is to be used.

(b) The notice shall:

(i) state that an application has been made; and

(ii) specify where the interested party may obtain additional information relating to the application.

(c) Clerical errors, ambiguities, and mistakes that do not prejudice the rights of others may be corrected by order of the state engineer either before or after the publication of notice.

(2) After publication of notice to water users, the state engineer may authorize amendments or corrections that involve a change of point of diversion, place, or purpose of use of water, only after republication of notice to water users.
    2003

73-3-7 Protests.

(1) Any person interested may file a protest with the state engineer:

(a) within 20 days after the notice is published, if the adjudicative proceeding is informal; and

(b) within 30 days after the notice is published, if the adjudicative proceeding is formal.

(2) The state engineer shall consider the protest and shall approve or reject the application.
    1995

73-3-8 Approval or rejection of application - Requirements for approval - Application for specified period of time - Filing of royalty contract for removal of salt or minerals.

(1) It shall be the duty of the state engineer to approve an application if: (a) there is unappropriated water in the proposed source; (b) the proposed use will not impair existing rights or interfere with the more beneficial use of the water; (c) the proposed plan is physically and economically feasible, unless the application is filed by the United States Bureau of Reclamation, and would not prove detrimental to the public welfare; (d) the applicant has the financial ability to complete the proposed works; and (e) the application was filed in good faith and not for purposes of speculation or monopoly. If the state engineer, because of information in his possession obtained either by his own investigation or otherwise, has reason to believe that an application to appropriate water will interfere with its more beneficial use for irrigation, domestic or culinary, stock watering, power or mining development or manufacturing, or will unreasonably affect public recreation or the natural stream environment, or will prove detrimental to the public welfare, it is his duty to withhold his approval or rejection of the application until he has investigated the matter. If an application does not meet the requirements of this section, it shall be rejected.

(2) An application to appropriate water for industrial, power, mining development, manufacturing purposes, agriculture, or municipal purposes may be approved for a specific and certain period from the time the water is placed to beneficial use under the application, but in no event may an application be granted for a period of time less than that ordinarily needed to satisfy the essential and primary purpose of the application or until the water is no longer available as determined by the state engineer. At the expiration of the period fixed by the state engineer the water shall revert to the public and is subject to appropriation as provided by Title 73. The state engineer may extend any limited water right upon a showing that the essential purpose of the original application has not been satisfied, that the need for an extension is not the result of any default or neglect by the applicant, and that water is still available; except no extension shall exceed the time necessary to satisfy the primary purpose of the original application. A request for extension must be filed in writing in the office of the state engineer not later than 60 days before the expiration date of the application.

(3) Before the approval of any application for the appropriations of water from navigable lakes or streams of the state which contemplates the recovery of salts and other minerals therefrom by precipitation or otherwise, the applicant shall file with the state engineer a copy of a contract for the payment of royalties to the state of Utah. The approval of an application shall be revoked in the event of the failure of the applicant to comply with terms of his royalty contract.
    1985

73-3-10 Approval or rejection of application.

(1) When the approval or rejection of an application is decided, a record of the decision shall be made in the state engineer's office.

(2) The state engineer's decision shall be mailed to the applicant.

(3) If the application is approved, the applicant shall be authorized upon receipt of the decision to:

(a) proceed with the construction of the necessary works;

(b) take any steps required to apply the water to the use named in the application; and

(c) perfect the proposed application.

(4) If the application is rejected, the applicant shall take no steps toward the prosecution of the proposed work or the diversion and use of the public water under the application.

(5) The state engineer shall state in any decision approving an application the time within which the construction work must be completed and the water applied to beneficial use.
    1997

73-3-11 Statement of financial ability of applicants.

Before either approving or rejecting an application the state engineer may require such additional information as will enable him properly to guard the public interests, and may require a statement of the following facts: In case of an incorporated company, he may require the submission of the articles of incorporation, the names and places of residence of its directors and officers, and the amount of its authorized and its paid-up capital. If the applicant is not a corporation, he may require a showing as to the names of the persons proposing to make the appropriation and a showing of facts necessary to enable him to determine whether or not they are qualified appropriators and have the financial ability to carry out the proposed work, and whether or not the application has been made in good faith.
    1953

73-3-12 Time limit on construction and application to beneficial use - Extensions - Procedures and criteria.

(1) As used in this section, "public agency" means:

(a) a public water supply agency of the state or a political subdivision of the state; or

(b) the Bureau of Reclamation.

(2) (a) The construction of the works and the application of water to beneficial use shall be diligently prosecuted to completion within the time fixed by the state engineer.

(b) Extensions of time, not exceeding 50 years from the date of approval of the application, except as provided in Subsection (2)(c), may be granted by the state engineer on proper showing of diligence or reasonable cause for delay.

(c) Additional extensions of time, beyond 50 years, may be granted by the state engineer on applications held by any public agency, if the public agency can demonstrate the water will be needed to meet the reasonable future requirements of the public.

(d) All requests for extension of time shall be made by signed statement and shall be filed in the office of the state engineer on or before the date fixed for filing proof of appropriation.

(e) Extensions not exceeding 14 years after the date of approval may be granted by the state engineer upon a sufficient showing by signed statement, but extensions beyond 14 years shall be granted only after application and publication of notice.

(f) (i) The state engineer shall publish a notice of the application once a week for two successive weeks, in a newspaper of general circulation, in the county in which the source of the water supply is located and where the water is to be used.

(ii) The notice shall:

(A) state that an application has been made; and

(B) specify where the interested party may obtain additional information relating to the application.

(g) Any person who owns a water right from the source of supply referred to in Subsection (2)(f) or holds an application from that source of supply may file a protest with the state engineer:

(i) within 20 days after the notice is published, if the adjudicative proceeding is informal; and

(ii) within 30 days after the notice is published, if the adjudicative proceeding is formal.

(h) In considering an application to extend the time in which to place water to beneficial use under an approved application, the state engineer shall deny the extension and declare the application lapsed, unless the applicant affirmatively shows that the applicant has exercised or is exercising reasonable and due diligence in working toward completion of the appropriation.

(i) (i) If reasonable and due diligence is shown by the applicant, the state engineer shall approve the extension.

(ii) The approved extension is effective so long as the applicant continues to exercise reasonable diligence in completing the appropriation.

(j) The state engineer shall consider the holding of an approved application by any public agency to meet the reasonable future requirements of the public to be reasonable and due diligence within the meaning of this section for the first 50 years. The state engineer may approve extensions beyond 50 years for a public agency, if the agency provides information sufficient to demonstrate the water will be needed to meet the reasonable future requirements of the public.

(k) If the state engineer finds unjustified delay or lack of diligence in prosecuting the works to completion, the state engineer may deny the extension or may grant the request in part or upon conditions, including a reduction of the priority of all or part of the application.

(3) (a) Except as provided in Subsections (3)(b) and (c), an application upon which proof has not been submitted shall lapse and have no further force or effect after the expiration of 50 years from the date of its approval.

(b) If the works are constructed with which to make beneficial use of the water applied for, the state engineer may, upon showing of that fact, grant additional time beyond the 50-year period in which to make proof.

(c) An application held by a public agency to meet the reasonable future requirements of the public, for which proof of appropriation has not been submitted, shall lapse, unless extended as provided in Subsection (2)(j).
    2006

73-3-13 Protests - Procedure.

(1) Any other applicant, or any user of water from any river system or water source may file a request for agency action with the state engineer alleging that such work is not being diligently prosecuted to completion.

(2) Upon receipt of the request for agency action, the state engineer shall give the applicant notice and hold an adjudicative proceeding.

(3) If diligence is not shown by the applicant, the state engineer may declare the application and all rights under it forfeited.
    1987

73-3-14 Judicial review - State engineer as defendant.

(1) (a) Any person aggrieved by an order of the state engineer may obtain judicial review by following the procedures and requirements of Title 63, Chapter 46b.

(b) Venue for judicial review of informal adjudicative proceedings shall be in the county in which the stream or water source, or some part of it, is located.

(2) The state engineer shall be joined as a defendant in all suits to review his decisions, but no judgment for costs or expenses of the litigation may be rendered against him.
    1987

73-3-15 Dismissal of action for review of informal adjudicative proceedings.

(1) An action to review a decision of the state engineer from an informal adjudicative proceeding may be dismissed upon the application of any of the parties upon the grounds provided in Rule 41 of the Utah Rules of Civil Procedure for the dismissal of actions generally and for failure to prosecute such action with diligence.

(2) (a) For the purpose of this section, failure to prosecute a suit to final judgment within two years after it is filed, or, if an appeal is taken from a district court judgment within three years after the filing of the suit, constitutes lack of diligence.

(b) A court shall dismiss those suits after ten days' notice by regular mail to the plaintiff.
    1992

73-3-16 Proof of appropriation or permanent change - Notice - Manner of proof - Statements - Maps, profiles, and drawings - Verification - Waiver of filing - Statement in lieu of proof of appropriation or change.

(1) Sixty days before the date set for the proof of appropriation or proof of change to be made, the state engineer shall notify the applicant by mail when proof of completion of the works and application of the water to a beneficial use will be due.

(2) On or before the date set for completing the proof in accordance with the application, the applicant shall file proof with the state engineer on forms furnished by the state engineer.

(3) Except as provided in Subsection (4), the applicant shall submit the following information:

(a) a description of the works constructed;

(b) the quantity of water in acre-feet or the flow in second-feet diverted, or both;

(c) the method of applying the water to beneficial use; and

(d) (i) detailed measurements of water put to beneficial use;

(ii) the date the measurements were made; and

(iii) the name of the person making the measurements.

(4) (a) On applications filed for appropriation or permanent change of use of water to provide a water supply for state projects constructed pursuant to Title 73, Chapter 10, Board of Water Resources - Division of Water Resources, or for federal projects constructed by the United States Bureau of Reclamation for the use and benefit of the state, any of its agencies, its political subdivisions, public and quasi-municipal corporations, or water users' associations of which the state, its agencies, political subdivisions, or public and quasi-municipal corporations are stockholders, the proof shall include:

(i) a statement indicating construction of the project works has been completed;

(ii) a description of the major features with appropriate maps, profiles, drawings, and reservoir area-capacity curves;

(iii) a description of the point or points of diversion and rediversion;

(iv) project operation data;

(v) a map showing the place of use of water and a statement of the purpose and method of use;

(vi) the project plan for beneficial use of water under the applications and the quantity of water required; and

(vii) a statement indicating what type of measuring devices have been installed.

(b) The director of the Division of Water Resources shall sign proofs for the state projects and an authorized official of the Bureau of Reclamation shall sign proofs for the federal projects specified in Subsection (4)(a).

(5) The proof on all applications shall be sworn to by the applicant or the applicant's appointed representative and proof engineer.

(6) (a) Except as provided in Subsection (6)(b), when filing proof, the applicant shall submit maps, profiles, and drawings made by a Utah licensed land surveyor or Utah licensed professional engineer that show:

(i) the location of the completed works;

(ii) the nature and extent of the completed works;

(iii) the natural stream or source from which and the point where the water is diverted and, in the case of a nonconsumptive use, the point where the water is returned; and

(iv) the place of use.

(b) The state engineer may waive the filing of maps, profiles, and drawings if in the state engineer's opinion the written proof adequately describes the works and the nature and extent of beneficial use.

(7) The completed proof shall conform to rules and standards established by the state engineer.

(8) In those areas in which general determination proceedings are pending, or have been concluded, under Title 73, Chapter 4, Determination of Water Rights, the state engineer may petition the district court for permission to:

(a) waive the requirements of this section and Section 73-3-17 ; and

(b) permit each owner of an application to file a verified statement to the effect that the applicant has completed the appropriation or change and elects to file a statement of water users claim in the proposed determination of water rights or any supplement to it in accordance with Title 73, Chapter 4, Determination of Water Rights, in lieu of proof of appropriation or proof of change.
    1998

73-3-17 Certificate of appropriation - Evidence.

Upon it being made to appear to the satisfaction of the state engineer that an appropriation or a permanent change of point of diversion, place or nature of use has been perfected in accordance with the application therefor, and that the water appropriated or affected by the change has been put to a beneficial use, as required by Section 73-3-16 , he shall issue a certificate, in duplicate, setting forth the name and post-office address of the person by whom the water is used, the quantity of water in acre-feet or the flow in second-feet appropriated, the purpose for which the water is used, the time during which the water is to be used each year, the name of the stream or source of supply from which the water is diverted, the date of the appropriation or change, and such other matter as will fully and completely define the extent and conditions of actual application of the water to a beneficial use; provided that certificates issued on applications for projects constructed pursuant to Title 73, Chapter 10, Utah Code Annotated 1953, and for the federal projects constructed by the United States Bureau of Reclamation, referred to in Section 73-3-16 of said Code, need show no more than the facts shown in the proof. The certificate shall not extend the rights described in the application. Failure to file proof of appropriation or proof of change of the water on or before the date set therefor shall cause the application to lapse. One copy of such certificate shall be filed in the office of the state engineer and the other shall be delivered to the appropriator or to the person making the change who shall, within thirty days, cause the same to be recorded in the office of the county recorder of the county in which the water is diverted from the natural stream or source. The certificate so issued and filed shall be prima facie evidence of the owner's right to the use of the water in the quantity, for the purpose, at the place, and during the time specified therein, subject to prior rights.
    1955

73-3-18 Lapse of application - Notice - Reinstatement - Priorities - Assignment of application - Filing and recording - Constructive notice - Effect of failure to record.

When an application lapses for failure of the applicant to comply with the provisions of this title or the order of the state engineer, notice of such lapsing shall forthwith be given to the applicant by regular mail. Within sixty days after such notice the state engineer may, upon a showing of reasonable cause, reinstate the application with the date of priority changed to the date of reinstatement. The original priority date of a lapsed or forfeited application shall not be reinstated, except upon a showing of fraud or mistake of the state engineer. The priority of an application shall be determined by the date of receiving the written application in the state engineer's office, except as provided in Section 73-3-17 and as herein provided.

Prior to issuance of certificate of appropriation, rights claimed under applications for the appropriation of water may be transferred or assigned by instruments in writing. Such instruments, when acknowledged or proved and certified in the manner provided by law for the acknowledgement or proving of conveyances of real estate, may be filed in the office of the state engineer and shall from time of filing of same in said office impart notice to all persons of the contents thereof. Every assignment of an application which shall not be recorded as herein provided shall be void as against any subsequent assignee in good faith and for valuable consideration of the same application or any portion thereof where his own assignment shall be first duly recorded.
    1959

73-3-19 Right of entry on private property - By applicant - Bond - Priority.

Whenever any applicant for the use of water from any stream or water source must necessarily enter upon private property in order to make a survey to secure the required information for making a water filing and is refused by the owner or possessor of such property such right of entry, he may petition the district court for an order granting such right, and after notice and hearing, such court may grant such permission, on security being given to pay all damage caused thereby to the owner of such property. In such case the priority of such application shall date from the filing of such petition with the district court as aforesaid.
    1953

73-3-20 Right to divert appropriated waters into natural streams - Requirements - Storage in reservoir - Information required by state engineer - Lapse of application.

(1) Upon application in writing and approval of the state engineer, any appropriated water may, for the purpose of preventing waste and facilitating distribution, be turned from the channel of any stream or any lake or other body of water, into the channel of any natural stream or natural body of water or into a reservoir constructed across the bed of any natural stream, and commingled with its waters, and a like quantity less the quantity lost by evaporation and seepage may be taken out, either above or below the point where emptied into the stream, body of water or reservoir. In so doing, the original water in such stream, body of water, or reservoir must not be deteriorated in quality or diminished in quantity for the purpose used, and the additional water turned in shall bear its share of the expense of maintenance of such reservoir and an equitable proportion of the cost of the reservoir site and its construction. Any person having stored his appropriated water in a reservoir for a beneficial purpose shall be permitted to withdraw the water at the times and in the quantities as his necessities may require if the withdrawal does not interfere with the rights of others.

(2) The state engineer may require the owner of record of an approved exchange application to provide information concerning the diverting works constructed, the extent to which the development under the exchange has occurred, and other information the state engineer considers necessary to insure the exchange is taking place, to establish the owner of the exchange still has a legal interest in the underlying water right used as the basis for the exchange, or to arrive at the quantity of water being exchanged. This information shall be provided by the owner of record of an approved exchange within 60 days of notification by the state engineer.

(3) The state engineer may lapse an application made pursuant to this section under the following conditions:

(a) the applicant has lost a legal interest in the underlying right used to facilitate the exchange;

(b) the exchange can no longer be carried out as stated in the application;

(c) the applicant has not complied with the conditions established in approving the exchange; or

(d) the applicant fails to provide the information as outlined in Subsection 73-3-20 (2).
    1985

73-3-21 Priorities between appropriators.

Appropriators shall have priority among themselves according to the dates of their respective appropriations, so that each appropriator shall be entitled to receive his whole supply before any subsequent appropriator shall have any right; provided, in times of scarcity, while priority of appropriation shall give the better right as between those using water for the same purpose, the use for domestic purposes, without unnecessary waste, shall have preference over use for all other purposes, and use for agricultural purposes shall have preference over use for any other purpose except domestic use.
    1953

73-3-22 Underground water - Report of well and tunnel drillers.

Any person constructing a well or tunnel for the purpose of utilizing or monitoring underground waters shall, within 30 days after the completion or abandonment of the construction, report to the state engineer data relating to each well or tunnel. The report shall be made on forms furnished by the state engineer and shall contain information required by the state engineer.
    2005

73-3-23 Replacement of water.

In all cases of appropriations of underground water the right of replacement is hereby granted to any junior appropriator whose appropriation may diminish the quantity or injuriously affect the quality of appropriated underground water in which the right to the use thereof has been established as provided by law. No replacement may be made until application in writing has been made to and approved by the state engineer. In all cases replacement shall be at the sole cost and expense of the applicant and subject to such rules and regulations as the state engineer may prescribe. The right of eminent domain is hereby granted to any applicant for the purpose of replacement as provided herein.
    1953

73-3-24 Definitions.

As used in this chapter:

(1) "Well" means an excavation or opening into the ground made by digging, boring, drilling, jetting, driving, or any other artificial method for utilizing or monitoring underground waters.

(2) "Well driller" means any person that constructs a well for compensation or otherwise.

(3) "Well drilling" means the act of drilling, constructing, repairing, renovating, deepening, cleaning, developing, or abandoning a well.
    2004

73-3-25 Well driller's license - Bond - Revocation or suspension for noncompliance.

(1) (a) Every person that constructs a well in the state shall obtain a license from the state engineer.

(b) The state engineer shall enact rules defining the form, the expiration date, and the renewal cycle of the application for a license.

(c) Well drillers' licenses are not transferable. The state engineer shall enact rules for well construction according to the procedures and requirements of Title 63, Chapter 46a, Utah Administrative Rulemaking Act.

(2) (a) (i) A person who constructs a well in this state must first obtain a license as provided in this section.

(ii) Before a well driller's license will be issued, the applicant must file a well driller bond with the state engineer.

(iii) The bond shall be made payable to the Office of the State Engineer.

(iv) In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act, the state engineer may make rules to set the amount, form, and general administrative requirements of a well driller bond. Proper compliance with the provisions of this section and the rules enacted under the authority of this section are required to obtain or renew a license.

(b) (i) Well drillers shall comply with the rules enacted by the state engineer under this chapter.

(ii) If the state engineer determines, following an investigation, that the licensee has failed to comply with these rules, the state engineer may revoke or suspend the license, and exact the bond and deposit the money as a nonlapsing dedicated credit.

(iii) The state engineer may expend the funds to investigate or correct any deficiencies which could adversely affect the public interest resulting from noncompliance with the rules promulgated under this chapter by any well driller.

(iv) The state engineer may refuse to issue a license to a well driller if it appears that there has been a violation of the rules or a failure to comply with Section 73-3-22 .
    2004

73-3-26 Violations - Penalty.

(1) Any person drilling a well or wells in the state or who advertises or holds himself out as a well driller, or who follows such business, without first having obtained a license as provided by this act or who drills a well or wells after revocation or expiration of his license theretofore issued, is guilty of a crime punishable under Section 73-2-27 .

(2) Each day that a violation under Subsection (1) continues is a separate offense.
    2005

73-3-27 Requests for segregation of pending applications.

Upon request in writing and approval by the state engineer, applications to appropriate or to permanently change the point of diversion, place or purpose of use of water may be divided or segregated into two or more separate parts; provided such request shall be made upon forms furnished by the state engineer and shall include the serial number of the application to be segregated, the name, post-office address of the owner of the application, a statement of the nature of the proposed division or segregation, the reasons therefor, and such other information as the state engineer may require.

Action taken by the state engineer on applications for appropriation or permanent change prior to segregation shall be applicable in all respects to the segregated parts thereof. Upon segregation the original and each segregated part shall be treated as separate applications. The approval of a request for segregation shall not confirm the validity or good standing of the segregated application or extend the time for the construction of works. Action of the state engineer upon requests for segregation taken prior to the effective date of this act is approved and confirmed.

Requests for segregation shall be rejected if the approval thereof would impair rights or would prove detrimental to the public welfare.
    2001

73-3-28 Replacement wells - Requirements - State engineer's approval - Application to drill - Filing - Form - Contents - Notice - Fees - Definition - Plugging of old well.

An existing well may be replaced with a replacement well within a radius of 150 feet from the existing well without the filing of a change application under Section 73-3-3 , upon approval first having been obtained from the state engineer.

Such request for permission to drill a replacement well shall be filed with the state engineer upon a form to be furnished by the state engineer. Such form shall contain, but need not be limited to, the name and post office address of the person, corporation or association making the request. The number of the claim or application filed with the state engineer covering the well which is being replaced, the number of the award if in a decree, the reason for the replacement, the location of the replacement well with reference to the nearest United States land survey corner, and from the old well, and the name of the driller employed by the applicant to do the work.

No filing fee shall be required for the filing of such a request for permission to drill a replacement well and the state engineer need give only such notice as, in his judgment, is necessary to protect existing rights and in the event the state engineer shall determine that it is necessary to publish notice the advertising fee shall be paid in advance by the applicant.

The term "replacement well" as used herein means a new well drilled for the sole purpose of replacing an existing well which is impaired or made useless by structural difficulties and no new right in the use of water accrues. Upon completion of the new well the old well must be plugged by the applicant in a manner satisfactory to the state engineer.
    2001

73-3-29 Relocation of natural streams - Written permit required - Emergency work - Violations.

(1) Except as provided in Subsection (2), a state agency, county, city, corporation, or person may not relocate any natural stream channel or alter the beds and banks of any natural stream without first obtaining the written approval of the state engineer.

(2) (a) The state engineer may issue an emergency permit or order to relocate a natural stream channel or alter the beds and banks of a natural stream as provided by this Subsection (2) and Section 63-46b-20 .

(b) If an emergency situation arises which involves immediate or actual flooding and threatens injury or damage to persons or property, steps reasonably necessary to alleviate or mitigate the threat may be taken before a written permit is issued subject to the requirements of this section.

(c) (i) If the threat occurs during normal working hours, the state engineer or his representative must be notified immediately of the threat. After receiving notification of the threat, the state engineer or his representative may orally approve action to alleviate or mitigate the threat.

(ii) If the threat does not occur during normal working hours, action may be taken to alleviate or mitigate the threat and the state engineer or his representative shall be notified of the action taken on the first working day following the work.

(d) A written application outlining the action taken or the action proposed to be taken to alleviate or mitigate the threat shall be submitted to the state engineer within two working days following notification of the threat to the state engineer or his representative.

(e) (i) The state engineer shall inspect in a timely manner the site where the emergency action was taken.

(ii) After inspection, additional requirements, including mitigation measures, may be imposed.

(f) Adjudicative proceedings following the emergency work shall be informal unless otherwise designated by the state engineer.

(3) An application to relocate any natural stream channel or alter the beds and banks of any natural stream shall be in writing and shall contain the following:

(a) the name and address of the applicant;

(b) a complete and detailed statement of the location, nature, and type of relocation or alteration;

(c) the methods to be employed;

(d) the purposes of the application; and

(e) any additional information that the state engineer considers necessary, including, but not limited to, plans and specifications of the proposed construction of works.

(4) (a) The state engineer shall, without undue delay, conduct investigations that may be reasonably necessary to determine whether the proposed relocation or alteration will:

(i) impair vested water rights;

(ii) unreasonably or unnecessarily affect any recreational use or the natural stream environment;

(iii) unreasonably or unnecessarily endanger aquatic wildlife; or

(iv) unreasonably or unnecessarily diminish the natural channel's ability to conduct high flows.

(b) The application shall be approved unless the proposed relocation or alteration will:

(i) impair vested water rights;

(ii) unreasonably or unnecessarily adversely affect any public recreational use or the natural stream environment;

(iii) unreasonably or unnecessarily endanger aquatic wildlife; or

(iv) unreasonably or unnecessarily diminish the natural channel's ability to conduct high flows.

(c) The state engineer may approve the application, in whole or in part, with any reasonable terms to protect vested water rights, any public recreational use, the natural stream environment, or aquatic wildlife.

(5) No cost incurred by the applicant, including any cost incurred to comply with the terms imposed by the state engineer, is reimbursable by the Division of Water Rights.

(6) Except as provided in Subsection (2), a person who knowingly or intentionally relocates any natural stream channel, or alters the bed or bank of any natural stream channel without first obtaining the written approval of the state engineer is guilty of a crime punishable under Section 73-2-27 .
    2005

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