H.B. 360
         WATER AND IRRIGATION REVISIONS

Senate Floor Amendments

Amendment 1 March 13, 2013 12:02 PM



Senator Todd Weiler proposes the following amendments:

1.    Page 3, Lines 70 through 83 :    

             70          (b) (i) An appropriator or the appropriator's successor in interest may file an
             71      application for nonuse with the state engineer.
             72          (ii)
{   Beginning on May 5, 2008, if   }        If       a person described in Subsection (2)(b)(i) files and

             73      receives approval on a nonuse application, nonuse of the water right subject to the application
             74      is not counted toward a seven-year period described in Subsection (2)(a) during the period of
             75      time beginning on the day on which the person files the application and ending on the day on
             76      which the application expires without being renewed.
             77          (iii)
{   Beginning on May 5, 2008, if   }        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.


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