H.B.
360
WATER AND IRRIGATION REVISIONS
Senate Floor
Amendments
Amendment 2 March 14, 2013 8:44 AM
Senator Mark B. Madsen
proposes the following amendments:
1. Page
3, Lines 77 through 85
:
77
(iii) Beginning on May 5, 2008, if a person described in Subsection (2)(b)(i) files and
78
receives approval on successive, overlapping nonuse applications, nonuse of the water right
79
subject to the applications is not counted toward a seven-year period described in Subsection
80
(2)(a) during the period of time beginning on the day on which the person files the first
81
application and ending on the day on which the last application expires without being renewed.
82
{
(iv) Approval of a nonuse application does not protect a water right that is already
83
subject to forfeiture under Subsection (2)(a) for full or partial nonuse of the water right.
}
(iv) (A) If a nonuse application is filed, a person may not file an action alleging abandonment or
forfeiture of a water right subject to the application unless the state engineer denies the nonuse
application.
(B) A water right under an approved nonuse application is not subject to a claim of abandonment or
forfeiture for a period of nonuse that occurred before the day on which the applicant filed the nonuse
application.
84
[(b) (i)] (v) A nonuse application may be filed on all or a portion of the water right,
85
including water rights held by a water company.
Page 1 of 1
LRGC
tracynuttall
tracynuttall