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• 2015 General Session
• S.B. 40

S.B. 40 Water Law - Application Withdrawal

• Bill Text
• Status
• Hearings/Debate

Bill Sponsor: Sen. Dayton, Margaret

Floor Sponsor: Rep. Grover, Keith

• Drafting Attorney: RuthAnne Frost
• Fiscal Analyst: Ivan D. Djambov

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• Bill Text
  • Introduced
  • Enrolled (Currently Displayed)

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• Related Documents
  • Fiscal Note
  • House Transmittal Letter 1
  • Senate Transmittal Letter 1

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• Information
  • Last Action: 27 Mar 2015, Governor Signed
  • Last Location: Lieutenant Governor's office for filing
  • Effective Date: 12 May 2015
  • Session Law Chapter: 285

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• Similar Bills
  • Natural Resources
  • Water and Irrigation

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Enrolled

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S.B. 40

1     WATER LAW - APPLICATION WITHDRAWAL
2     2015 GENERAL SESSION
3     STATE OF UTAH
4     Chief Sponsor: Margaret Dayton
5     House Sponsor: Keith Grover
6     

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7     LONG TITLE
8     General Description:
9          This bill authorizes an individual to withdraw an application for the use of water.
10     Highlighted Provisions:
11          This bill:
12          ▸     requires an individual who wishes to withdraw an unperfected application to send
13     written notice to the state engineer;
14          ▸     requires the state engineer, upon receipt of the notice of withdrawal, to update state
15     engineer records;
16          ▸     states that an individual who withdraws an unperfected application is not entitled to
17     a refund of fees; and
18          ▸     makes technical changes.
19     Money Appropriated in this Bill:
20          None
21     Other Special Clauses:
22          None
23     Utah Code Sections Affected:
24     AMENDS:
25          73-3-6, as last amended by Laws of Utah 2009, Chapter 388
26     

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27     Be it enacted by the Legislature of the state of Utah:
28          Section 1. Section 73-3-6 is amended to read:
29          73-3-6. Publication of notice of application -- Corrections or amendments of

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30     applications -- Withdrawal of application.
31          (1) (a) When an application is filed in compliance with this title, the state engineer
32     shall publish a notice of the application:
33          (i) once a week for a period of two successive weeks in a newspaper of general
34     circulation in the county in which the source of supply is located, and where the water is to be
35     used; and
36          (ii) in accordance within Section 45-1-101 for two weeks.
37          (b) The notice shall:
38          (i) state that an application has been made; and
39          (ii) specify where the interested party may obtain additional information relating to the
40     application.
41          (c) Clerical errors, ambiguities, and mistakes that do not prejudice the rights of others
42     may be corrected by order of the state engineer either before or after the publication of notice.
43          (2) After publication of notice to water users, the state engineer may authorize
44     amendments or corrections that involve a change of point of diversion, place, or purpose of use
45     of water, only after republication of notice to water users.
46          (3) (a) An applicant or an applicant's successor in interest may withdraw an
47     unperfected application by notifying, in writing, the state engineer of the withdrawal.
48          (b) Upon receipt of the notice described in Subsection (3)(a), the state engineer shall
49     promptly update state engineer records to reflect that the application has been withdrawn and is
50     of no further force or effect.
51          (c) An individual who withdraws an unperfected application under Subsection (3)(a) is
52     not entitled to a refund of fees.