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7 LONG TITLE
8 Committee Note:
9 The Legislative Water Development Commission recommended this bill.
10 Membership: 13 legislators 11 non-legislators
11 Total Vote: 10 voting for 0 voting against 3 absent
12 Legislative Vote: 10 voting for 0 voting against 3 absent
13 General Description:
14 This bill addresses publication of notices by the state engineer.
15 Highlighted Provisions:
16 This bill:
17 ▸ permits the state engineer to confirm publication of a notice of application through
18 electronic means; and
19 ▸ makes technical changes.
20 Money Appropriated in this Bill:
21 None
22 Other Special Clauses:
23 None
24 Utah Code Sections Affected:
25 AMENDS:
26 73-3-6, as last amended by Laws of Utah 2015, Chapter 285
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28 Be it enacted by the Legislature of the state of Utah:
29 Section 1. Section 73-3-6 is amended to read:
30 73-3-6. Publication of notice of application -- Corrections or amendments of
31 applications -- Confirmation -- Withdrawal of application.
32 (1) (a) When an application is filed in compliance with this title, the state engineer
33 shall publish a notice of the application:
34 (i) once a week for a period of two successive weeks in a newspaper of general
35 circulation in the county in which the source of supply is located, and where the water is to be
36 used; and
37 (ii) in accordance within Section 45-1-101 for two weeks.
38 (b) The notice shall:
39 (i) state that an application has been made; and
40 (ii) specify where the interested party may obtain additional information relating to the
41 application.
42 (c) Clerical errors, ambiguities, and mistakes that do not prejudice the rights of others
43 may be corrected by order of the state engineer either before or after the publication of notice.
44 (d) The state engineer may confirm publication of a notice of application under this
45 Subsection (1) through electronic means.
46 (2) After publication of notice to water users, the state engineer may authorize
47 amendments or corrections that involve a change of point of diversion, place, or purpose of use
48 of water, only after republication of notice to water users.
49 (3) (a) An applicant or an applicant's successor in interest may withdraw an
50 unperfected application by notifying, in writing, the state engineer of the withdrawal.
51 (b) Upon receipt of the notice described in Subsection (3)(a), the state engineer shall
52 promptly update state engineer records to reflect that the application has been withdrawn and is
53 of no further force or effect.
54 (c) An individual who withdraws an unperfected application under Subsection (3)(a) is
55 not entitled to a refund of fees.
56 Section 2. Effective date.
57 This bill takes effect on May 1, 2024.