H.B. 17

1

ELECTRONIC GOVERNMENT SERVICES
2 AMENDMENTS - NATURAL RESOURCES
3 2001 GENERAL SESSION
4 STATE OF UTAH
5 Sponsor: Richard M. Siddoway
6 This act modifies the Water and Irrigation Code. The act amends statutory language to
7 facilitate the electronic delivery of government services by the state engineer.
8 This act affects sections of Utah Code Annotated 1953 as follows:
9 AMENDS:
10 73-1-4, as last amended by Chapter 98, Laws of Utah 1996
11 73-3-2, as last amended by Chapter 137, Laws of Utah 1991
12 73-3-3, as last amended by Chapter 208, Laws of Utah 1992
13 73-3-5, as last amended by Chapter 137, Laws of Utah 1959
14 73-3-12, as last amended by Chapter 18, Laws of Utah 1997
15 73-3-27, Utah Code Annotated 1953
16 73-3-28, Utah Code Annotated 1953
17 73-5-13, as last amended by Chapter 198, Laws of Utah 1997
18 Be it enacted by the Legislature of the state of Utah:
19 Section 1. Section 73-1-4 is amended to read:
20 73-1-4. Reversion to public by abandonment or forfeiture for nonuse within five
21 years -- Extension of time.
22 (1) (a) When an appropriator or the appropriator's successor in interest abandons or ceases
23 to use water for a period of five years, the water right ceases and the water reverts to the public,
24 unless, before the expiration of the five-year period, the appropriator or the appropriator's
25 successor in interest files a verified application for an extension of time with the state engineer.
26 (b) (i) A water right may not be forfeited unless a judicial action to declare the right
27 forfeited is commenced within 15 years from the end of the latest period of nonuse of at least five

28 years.
29 (ii) If forfeiture is asserted in an action for general determination of rights in conformance
30 with the provisions of Chapter 4, the 15-year limitation period shall commence to run back in time
31 from the date the state engineer's proposed determination of rights is served upon each claimant.
32 (iii) A decree entered in an action for general determination of rights under Chapter 4 shall
33 bar any claim of forfeiture for prior nonuse against any right determined to be valid in the decree.
34 (c) The extension of time to resume the use of that water may not exceed five years unless
35 the time is further extended by the state engineer.
36 (d) The provisions of this section are applicable whether the unused or abandoned water
37 is permitted to run to waste or is used by others without right.
38 (2) (a) The state engineer shall furnish an application [blank] form that includes a space
39 for:
40 (i) the name and address of the applicant;
41 (ii) the name of the source from which the right is claimed and the point on that source
42 where the water was last diverted;
43 (iii) evidence of the validity of the right claimed by reference to application number in the
44 state engineer's office;
45 (iv) date of court decree and title of case, or the date when the water was first used;
46 (v) the place, time, and nature of past use;
47 (vi) the flow of water that has been used in second-feet or the quantity stored in acre-feet;
48 (vii) the time the water was used each year;
49 (viii) the extension of time applied for;
50 (ix) a statement of the reason for the nonuse of the water; and
51 (x) any other information that the state engineer requires.
52 (b) Filing the application extends the time during which nonuse may continue until the
53 state engineer issues his order on the application for an extension of time.
54 (c) (i) Upon receipt of the application, the state engineer shall publish, once a week for two
55 successive weeks, a notice of the application in a newspaper of general circulation in the county
56 in which the source of the water supply is located and where the water is to be used.
57 (ii) The notice may be published in more than one newspaper.
58 (iii) The notice shall inform the public of the nature of the right for which the extension

59 is sought and the reasons for the extension.
60 (d) Any interested person may file a written protest with the state engineer against the
61 granting of the application:
62 (i) within 20 days after the notice is published, if the adjudicative proceeding is informal;
63 and
64 (ii) within 30 days after the notice is published, if the adjudicative proceeding is formal.
65 (e) In any proceedings to determine whether the application for extension should be
66 approved or rejected, the state engineer shall follow the procedures and requirements of Title 63,
67 Chapter 46b, Administrative Procedures Act.
68 (f) After further investigation, the state engineer may approve or reject the application.
69 (3) (a) Applications for extension shall be granted by the state engineer for periods not
70 exceeding five years each, upon a showing of reasonable cause for nonuse.
71 (b) Reasonable causes for nonuse include:
72 (i) financial crisis;
73 (ii) industrial depression;
74 (iii) operation of legal proceedings or other unavoidable cause; and
75 (iv) the holding of a water right without use by any municipality, metropolitan water
76 district, or other public agency to meet the reasonable future requirements of the public.
77 (4) (a) Sixty days before the expiration of any extension of time, the state engineer shall
78 notify the applicant by registered mail or by any form of electronic communication through which
79 receipt is verifiable of the date when the extension period will expire.
80 (b) Before the date of expiration, the applicant shall either:
81 (i) file in a manner prescribed by the state engineer a [verified] signed statement with the
82 state engineer setting forth the date on which use of the water was resumed, and whatever
83 additional information is required by the state engineer; or
84 (ii) apply for a further extension of time in which to resume use of the water according to
85 the procedures and requirements of this section.
86 (5) The appropriator's water right ceases and the water reverts to the public if the:
87 (a) appropriator or the appropriator's successor in interest fails to apply for an extension
88 of time;
89 (b) state engineer denies the application for extension of time; or

90 (c) appropriator or the appropriator's successor in interest fails to apply for a further
91 extension of time.
92 Section 2. Section 73-3-2 is amended to read:
93 73-3-2. Application for right to use unappropriated public water -- Necessity -- Form
94 -- Contents -- Validation of prior applications by state or United States or officer or agency
95 thereof.
96 (1) (a) In order to acquire the right to use any unappropriated public water in this state, any
97 person who is a citizen of the United States, or who has filed his declaration of intention to become
98 a citizen as required by the naturalization laws, or any association of citizens or declarants, or any
99 corporation, or the state of Utah by the directors of the divisions of travel development, business
100 and economic development, wildlife resources, and state lands and forestry, or the executive
101 director of the Department of Transportation for the use and benefit of the public, or the United
102 States of America shall make an application in [writing to the] a form prescribed by the state
103 engineer before commencing the construction, enlargement, extension, or structural alteration of
104 any ditch, canal, well, tunnel, or other distributing works, or performing similar work tending to
105 acquire such rights or appropriation, or enlargement of an existing right or appropriation.
106 (b) The application shall be upon a [blank] form to be furnished by the state engineer and
107 shall set forth:
108 (i) the name and post office address of the person, corporation, or association making the
109 application;
110 (ii) the nature of the proposed use for which the appropriation is intended;
111 (iii) the quantity of water in acre-feet or the flow of water in second-feet to be
112 appropriated;
113 (iv) the time during which it is to be used each year;
114 (v) the name of the stream or other source from which the water is to be diverted;
115 (vi) the place on the stream or source where the water is to be diverted and the nature of
116 the diverting works;
117 (vii) the dimensions, grade, shape, and nature of the proposed diverting channel; and
118 (viii) other facts that clearly define the full purpose of the proposed appropriation.
119 (2) (a) In addition to the information required in Subsection (1)(b), if the proposed use is
120 for irrigation, the application shall show:

121 (i) the legal subdivisions of the land proposed to be irrigated, with the total acreage
122 thereof; and
123 (ii) the character of the soil.
124 (b) In addition to the information required in Subsection (1)(b), if the proposed use is for
125 developing power, the application shall show:
126 (i) the number, size, and kind of water wheels to be employed and the head under which
127 each wheel is to be operated;
128 (ii) the amount of power to be produced;
129 (iii) the purposes for which and the places where it is to be used; and
130 (iv) the point where the water is to be returned to the natural stream or source.
131 (c) In addition to the information required in Subsection (1)(b), if the proposed use is for
132 milling or mining, the application shall show:
133 (i) the name of the mill and its location or the name of the mine and the mining district in
134 which it is situated;
135 (ii) its nature; and
136 (iii) the place where the water is to be returned to the natural stream or source.
137 (d) (i) The point of diversion and point of return of the water shall be designated with
138 reference to the United States land survey corners, mineral monuments or permanent federal
139 triangulation or traverse monuments, when either the point of diversion or the point of return is
140 situated within six miles of the corners and monuments.
141 (ii) If the point of diversion or point of return is located in unsurveyed territory, the point
142 may be designated with reference to a permanent, prominent natural object.
143 (iii) The storage of water by means of a reservoir shall be regarded as a diversion, and the
144 point of diversion in those cases is the point where the longitudinal axis of the dam crosses the
145 center of the stream bed.
146 (iv) The point where released storage water is taken from the stream shall be designated
147 as the point of rediversion.
148 (v) The lands to be inundated by any reservoir shall be described as nearly as may be, and
149 by government subdivision if upon surveyed land. The height of the dam, the capacity of the
150 reservoir, and the area of the surface when the reservoir is filled shall be given.
151 (vi) If the water is to be stored in an underground area or basin, the applicant shall

152 designate, with reference to the nearest United States land survey corner if situated within six miles
153 of it, the point of area of intake, the location of the underground area or basin, and the points of
154 collection.
155 (e) Applications for the appropriation of water filed prior to the enactment of this title, by
156 the United States of America, or any officer or agency of it, or the state of Utah, or any officer or
157 agency of it, are validated, subject to any action by the state engineer.
158 Section 3. Section 73-3-3 is amended to read:
159 73-3-3. Permanent or temporary changes in point of diversion, place of use, or
160 purpose of use.
161 (1) For purposes of this section:
162 (a) "Permanent changes" means changes for an indefinite length of time with an intent to
163 relinquish the original point of diversion, place of use, or purpose of use.
164 (b) "Temporary changes" means changes for fixed periods not exceeding one year.
165 (2) (a) Any person entitled to the use of water may make permanent or temporary changes
166 in the:
167 (i) point of diversion;
168 (ii) place of use; or
169 (iii) purpose of use for which the water was originally appropriated.
170 (b) A change may not be made if it impairs any vested right without just compensation.
171 (3) Both permanent and temporary changes of point of diversion, place of use, or purpose
172 of use of water, including water involved in general adjudication or other suits, shall be made in
173 the manner provided in this section.
174 (4) (a) A change may not be made unless the change application is approved by the state
175 engineer.
176 (b) Applications shall be made upon forms furnished by the state engineer and shall set
177 forth:
178 (i) the name of the applicant;
179 (ii) a description of the water right;
180 (iii) the quantity of water;
181 (iv) the stream or source;
182 (v) the point on the stream or source where the water is diverted;

183 (vi) the point to which it is proposed to change the diversion of the water;
184 (vii) the place, purpose, and extent of the present use;
185 (viii) the place, purpose, and extent of the proposed use; and
186 (ix) any other information that the state engineer requires.
187 (5) (a) The state engineer shall follow the same procedures, and the rights and duties of
188 the applicants with respect to applications for permanent changes of point of diversion, place of
189 use, or purpose of use shall be the same, as provided in this title for applications to appropriate
190 water.
191 (b) The state engineer may, in connection with applications for permanent change
192 involving only a change in point of diversion of 660 feet or less, waive the necessity for publishing
193 a notice of application.
194 (6) (a) The state engineer shall investigate all temporary change applications.
195 (b) If the state engineer finds that the temporary change will not impair any vested rights
196 of others, he shall issue an order authorizing the change.
197 (c) If the state engineer finds that the change sought might impair vested rights, before
198 authorizing the change, he shall give notice of the application to any person whose rights may be
199 affected by the change.
200 (d) Before making an investigation or giving notice, the state engineer may require the
201 applicant to deposit a sum of money sufficient to pay the expenses of the investigation and
202 publication of notice.
203 (7) (a) The state engineer may not reject applications for either permanent or temporary
204 changes for the sole reason that the change would impair the vested rights of others.
205 (b) If otherwise proper, permanent or temporary changes may be approved for part of the
206 water involved or upon the condition that conflicting rights are acquired.
207 (8) (a) Any person holding an approved application for the appropriation of water may
208 either permanently or temporarily change the point of diversion, place of use, or purpose of use.
209 (b) A change of an approved application does not:
210 (i) affect the priority of the original application; or
211 (ii) extend the time period within which the construction of work is to begin or be
212 completed.
213 (9) Any person who changes or who attempts to change a point of diversion, place of use,

214 or purpose of use, either permanently or temporarily, without first applying to the state engineer
215 in the manner provided in this section:
216 (a) obtains no right; and
217 (b) is guilty of a class B misdemeanor, each day of the unlawful change constituting a
218 separate offense, separately punishable.
219 (10) (a) This section does not apply to the replacement of an existing well by a new well
220 drilled within a radius of 150 feet from the point of diversion of the existing well.
221 (b) Any replacement well must be drilled in accordance with the requirements of Section
222 73-3-28 .
223 (11) (a) In accordance with the requirements of this section, the Division of Wildlife
224 Resources or Division of Parks and Recreation may file applications for permanent or temporary
225 changes for the purpose of providing water for instream flows, within a designated section of a
226 natural stream channel or altered natural stream channel, necessary within the state of Utah for:
227 (i) the propagation of fish;
228 (ii) public recreation; or
229 (iii) the reasonable preservation or enhancement of the natural stream environment.
230 (b) Applications may be filed for changes on:
231 (i) perfected water rights presently owned by the respective division;
232 (ii) perfected water rights purchased by the respective division for the purpose of providing
233 water for instream flows, through funding provided for that purpose by legislative appropriation
234 or acquired by lease, agreement, gift, exchange, or contribution; or
235 (iii) appurtenant water rights acquired with the acquisition of real property by either
236 division.
237 (c) A physical structure or physical diversion from the stream is not required to implement
238 a change for instream flow use.
239 (d) Subsection (11) does not allow enlargement of the water right sought to be changed
240 nor may the change impair any vested water right.
241 (e) In addition to the other requirements of this section, an application filed by either
242 division shall:
243 (i) set forth the legal description of the points on the stream between which the necessary
244 instream flows will be provided by the change; and

245 (ii) include appropriate studies, reports, or other information required by the state engineer
246 that demonstrate the necessity for the instream flows in the specified section of the stream and the
247 projected benefits to the public that will result from the change.
248 (f) The Division of Wildlife Resources and Division of Parks and Recreation may:
249 (i) purchase water rights for the purposes provided in Subsection (11)(a) only with funds
250 specifically appropriated by the Legislature for water rights purchases; or
251 (ii) accept a donated water right without legislative approval.
252 (g) Subsection (11) does not authorize either division to:
253 (i) appropriate unappropriated water under Section 73-3-2 for the purpose of providing
254 instream flows; or
255 (ii) acquire water rights by eminent domain for instream flows or for any other purpose.
256 (h) Subsection (11) applies only to change applications filed on or after April 28, 1986.
257 (12) (a) Sixty days before the date on which proof of change for instream flows under
258 Subsection (11) is due, the state engineer shall notify the applicant by registered mail or by any
259 form of electronic communication through which receipt is verifiable of the date when proof of
260 change is due.
261 (b) Before the date when proof of change is due, the applicant must either:
262 (i) file a verified statement with the state engineer that the instream flow uses have been
263 perfected, which shall set forth:
264 (A) the legal description of the points on the natural stream channel or altered natural
265 stream channel between which the necessary instream flows have been provided;
266 (B) detailed measurements of the flow of water in second feet changed;
267 (C) the period of use; and
268 (D) any additional information required by the state engineer; or
269 (ii) apply for a further extension of time as provided for in Section 73-3-12 .
270 (c) Upon approval of the verified statement required under Subsection (12)(b)(i), the state
271 engineer shall issue a certificate of change for instream flow use.
272 Section 4. Section 73-3-5 is amended to read:
273 73-3-5. Action by engineer on applications.
274 (1) On receipt of each application containing the information required by Section 73-3-2 ,
275 and payment of the filing fee, it shall be the duty of the state engineer to make an endorsement

276 thereon of the date of its receipt, and to make a record of such receipt [in a book kept in his office]
277 for that purpose.
278 (2) It shall be [his] the duty of the state engineer to examine the application and determine
279 whether any corrections, amendments or changes are required for clarity and if so, see that such
280 changes are made before further processing.
281 (3) All applications which shall comply with the provisions of this chapter and with the
282 regulations of the state engineer shall be filed and recorded [in a suitable book kept for that
283 purpose].
284 (4) The state engineer may issue a temporary receipt to drill a well at any time after the
285 filing of an application to appropriate water therefrom, as provided by this section if all fees be
286 advanced and if in his judgment there is unappropriated water available in the proposed source and
287 there is no likelihood of impairment of existing rights; provided, however, that the issuance of such
288 temporary permits shall not dispense with the publishing of notice and the final approval or
289 rejection of such application by the state engineer, as provided by this chapter.
290 (5) The state engineer may send the necessary notices and address all correspondence
291 relating to each application to the owner thereof as shown by the state engineer's records, or to his
292 attorney in fact provided a written power of attorney is filed in the state engineer's office.
293 Section 5. Section 73-3-12 is amended to read:
294 73-3-12. Time limit on construction and application to beneficial use -- Extensions
295 -- Procedures and criteria.
296 (1) As used in this section, "public agency" means a public water supply agency of:
297 (a) the state; or
298 (b) a political subdivision of the state.
299 (2) (a) The construction of the works and the application of water to beneficial use shall
300 be diligently prosecuted to completion within the time fixed by the state engineer.
301 (b) Extensions of time, not exceeding 50 years from the date of approval of the application,
302 except as provided in Subsection (2)(c), may be granted by the state engineer on proper showing
303 of diligence or reasonable cause for delay.
304 (c) Additional extensions of time, beyond 50 years, may be granted by the state engineer
305 on applications held by any public agency, if the public agency can demonstrate the water will be
306 needed to meet the reasonable future requirements of the public.

307 (d) All requests for extension of time shall be made by [affidavit] signed statement and
308 shall be filed in the office of the state engineer on or before the date fixed for filing proof of
309 appropriation.
310 (e) Extensions not exceeding 14 years after the date of approval may be granted by the
311 state engineer upon a sufficient showing by [affidavit] signed statement, but extensions beyond 14
312 years shall be granted only after application and publication of notice.
313 (f) (i) (A) The state engineer shall publish notice once each week for two successive weeks
314 in a newspaper of general circulation in the county in which the source of supply is located and
315 where the water is to be used.
316 (B) The notice may be published in more than one newspaper.
317 (ii) The notice shall inform the public of the diligence claimed and the reason for the
318 request.
319 (g) Any person who owns a water right from the source of supply referred to in Subsection
320 (2)(f) or holds an application from that source of supply may file a protest with the state engineer:
321 (i) within 20 days after the notice is published, if the adjudicative proceeding is informal;
322 and
323 (ii) within 30 days after the notice is published, if the adjudicative proceeding is formal.
324 (h) In considering an application to extend the time in which to place water to beneficial
325 use under an approved application, the state engineer shall deny the extension and declare the
326 application lapsed, unless the applicant affirmatively shows that the applicant has exercised or is
327 exercising reasonable and due diligence in working toward completion of the appropriation.
328 (i) (i) If reasonable and due diligence is shown by the applicant, the state engineer shall
329 approve the extension.
330 (ii) The approved extension is effective so long as the applicant continues to exercise
331 reasonable diligence in completing the appropriation.
332 (j) The state engineer shall consider the holding of an approved application by any public
333 agency to meet the reasonable future requirements of the public to be reasonable and due diligence
334 within the meaning of this section for the first 50 years. The state engineer may approve
335 extensions beyond 50 years for a public agency, if the agency provides information sufficient to
336 demonstrate the water will be needed to meet the reasonable future requirements of the public.
337 (k) If the state engineer finds unjustified delay or lack of diligence in prosecuting the

338 works to completion, the state engineer may deny the extension or may grant the request in part
339 or upon conditions, including a reduction of the priority of all or part of the application.
340 (3) (a) Except as provided in Subsections (3)(b) and (c), an application upon which proof
341 has not been submitted shall lapse and have no further force or effect after the expiration of 50
342 years from the date of its approval.
343 (b) If the works are constructed with which to make beneficial use of the water applied for,
344 the state engineer may, upon showing of that fact, grant additional time beyond the 50-year period
345 in which to make proof.
346 (c) An application held by a public agency to meet the reasonable future requirements of
347 the public, for which proof of appropriation has not been submitted, shall lapse, unless extended
348 as provided in Subsection (2)(j).
349 Section 6. Section 73-3-27 is amended to read:
350 73-3-27. Requests for segregation of pending applications.
351 Upon request in writing and approval by the state engineer, applications to appropriate or
352 to permanently change the point of diversion, place or purpose of use of water may be divided or
353 segregated into two or more separate parts; provided such request shall be made upon [blanks to
354 be] forms furnished by the state engineer and shall include the serial number of the application to
355 be segregated, the name, post-office address of the owner of the application, a statement of the
356 nature of the proposed division or segregation, the reasons therefor, and such other information
357 as the state engineer may require.
358 Action taken by the state engineer on applications for appropriation or permanent change
359 prior to segregation shall be applicable in all respects to the segregated parts thereof. Upon
360 segregation the original and each segregated part shall be treated as separate applications. The
361 approval of a request for segregation shall not confirm the validity or good standing of the
362 segregated application or extend the time for the construction of works. Action of the state
363 engineer upon requests for segregation taken prior to the effective date of this act is approved and
364 confirmed.
365 Requests for segregation shall be rejected if the approval thereof would impair rights or
366 would prove detrimental to the public welfare.
367 Section 7. Section 73-3-28 is amended to read:
368 73-3-28. Replacement wells -- Requirements -- State engineer's approval --

369 Application to drill -- Filing -- Form -- Contents -- Notice -- Fees -- Definition -- Plugging of
370 old well.
371 An existing well may be replaced with a replacement well within a radius of 150 feet from
372 the existing well without the filing of a change application under Section 73-3-3 , upon approval
373 first having been obtained from the state engineer.
374 Such request for permission to drill a replacement well shall be filed with the state engineer
375 upon a [blank] form to be furnished by the state engineer. Such [blank] form shall contain, but
376 need not be limited to, the name and post-office address of the person, corporation or association
377 making the request. The number of the claim or application filed with the state engineer covering
378 the well which is being replaced, the number of the award if in a decree, the reason for the
379 replacement, the location of the replacement well with reference to the nearest United States land
380 survey corner, and from the old well, and the name of the driller employed by the applicant to do
381 the work.
382 No filing fee shall be required for the filing of such a request for permission to drill a
383 replacement well and the state engineer need give only such notice as, in his judgment, is necessary
384 to protect existing rights and in the event the state engineer shall determine that it is necessary to
385 publish notice the advertising fee shall be paid in advance by the applicant.
386 The term "replacement well" as used herein means a new well drilled for the sole purpose
387 of replacing an existing well which is impaired or made useless by structural difficulties and no
388 new right in the use of water accrues. Upon completion of the new well the old well must be
389 plugged by the applicant in a manner satisfactory to the state engineer.
390 Section 8. Section 73-5-13 is amended to read:
391 73-5-13. Claim to surface or underground water not otherwise represented --
392 Information required -- Corrections -- Filing -- Investigation -- Publication -- Judicial action
393 to determine validity -- Rules.
394 (1) (a) All claimants to the right to the use of water, including both surface and
395 underground, whose rights are not represented by certificates of appropriation issued by the state
396 engineer, by applications filed with the state engineer, by court decrees, or by notice of claim filed
397 pursuant to law, shall submit the claim to the state engineer.
398 (b) Subsections (2) through (7) shall only apply to claims submitted to the state engineer
399 pursuant to this section after May 4, 1997.

400 (2) (a) Each claim submitted under this section shall be verified under oath by the claimant
401 or the claimant's duly appointed representative and submitted on forms furnished by the state
402 engineer setting forth any information the state engineer requires, including:
403 (i) the name and post office address of the person making the claim;
404 (ii) the quantity of water claimed in acre-feet or rate of flow in second-feet, or both, where
405 appropriate;
406 (iii) the source of supply;
407 (iv) the priority date of the right;
408 (v) the location of the point of diversion with reference to a United States land survey
409 corner;
410 (vi) the place of use;
411 (vii) the nature and extent of use;
412 (viii) the time during which the water has been used each year; and
413 (ix) the date when the water was first used.
414 (b) The claim shall also include the following information verified under oath by a
415 registered engineer or land surveyor:
416 (i) measurements of the amount of water diverted;
417 (ii) a statement that the quantity of water claimed either in acre-feet or cubic feet per
418 second is consistent with the beneficial use claimed and the supply which the source is capable of
419 producing; and
420 (iii) a map showing the original diversion and conveyance works and where the water was
421 placed to beneficial use, including irrigated lands, if irrigation is the claimed beneficial use.
422 (c) The state engineer may require additional information as necessary to evaluate any
423 claim including:
424 (i) affidavits setting forth facts of which the affiant has personal knowledge;
425 (ii) authenticated or historic photographs, plat or survey maps, or surveyors' notes;
426 (iii) authenticated copies of original diaries, personal histories, or other historical
427 documents which document the claimed use of water; and
428 (iv) other relevant records on file with any county recorder's, surveyor's, or assessor's
429 office.
430 (3) (a) A claim may be corrected by submitting to the state engineer a verified corrected

431 claim designated as such and bearing the same number as the original claim.
432 (b) No fee shall be charged for submitting a corrected claim.
433 (4) (a) Upon submission by a claimant of a claim that is acceptably complete under
434 Subsection (2) and the deposit of money by a claimant with the state engineer sufficient to pay the
435 expenses of conducting a field investigation and publishing a notice of the claim, the state engineer
436 shall:
437 (i) file the claim;
438 (ii) endorse the date of its receipt;
439 (iii) assign the claim a water right number; and
440 (iv) publish a notice of the claim following the same procedures as provided in Section
441 73-3-6 .
442 (b) Any claim not acceptably complete under Subsection (2) shall be returned to the
443 claimant.
444 (c) The acceptance of any claim filed under this section by the state engineer may not be
445 considered to be an adjudication by the state engineer of the validity of the claimed water right.
446 (5) (a) The state engineer shall:
447 (i) conduct a field investigation of each claim filed; and
448 (ii) prepare a report of the investigation.
449 (b) The report of the investigation shall:
450 (i) become part of the file on the claim; and
451 (ii) be admissible in any administrative or judicial proceeding on the validity of the claim.
452 (6) (a) Any person who may be damaged by a diversion and use of water as described in
453 a claim submitted pursuant to this section may file an action in district court to determine the
454 validity of the claim, whether or not the claim has been accepted for filing by the state engineer.
455 (b) Venue for the action shall be in the county in which the point of diversion listed in the
456 claim is located, or in a county where the place of use, or some part of it, is located.
457 (c) The action shall be brought against the claimant to the use of water or the claimant's
458 successor in interest.
459 (d) In any action brought to determine the validity of a claim to the use of water under this
460 section, the claimant shall have the initial burden of proof as to the validity of the claimed right.
461 (e) Any person filing an action challenging the validity of a claim to the use of water under

462 this section shall notify the state engineer [in writing] of the pendency of the action in a manner
463 prescribed by the state engineer. Upon receipt of the notice, the state engineer may take no action
464 on any change or exchange applications founded on the claim that is the subject of the pending
465 litigation, until the court adjudicates the matter.
466 (f) Upon the entering of any final order or decree in any judicial action to determine the
467 validity of a claim under this section, the prevailing party shall file a certified copy of the order or
468 decree with the state engineer, which shall become part of the state engineer's file on the claim.
469 (7) The state engineer may make rules consistent with this section specifying information
470 required to be included in a claim and claim procedures.




Legislative Review Note
as of 11-28-00 8:56 AM

A limited legal review of this legislation raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel

Committee Note

The Public Utilities and Technology Interim Committee recommended this bill.