Title 73. Water and Irrigation

Chapter 1
General Provisions

73-1-1 Waters declared property of public.
(1) All waters in this state, whether above or under the ground, are hereby declared to be the property of the public, subject to all existing rights to the use thereof.
(2) The declaration of public ownership of water in Subsection (1) does not create or recognize an easement for public recreational use on private property.
(3) The Legislature shall govern the use of public water for beneficial purposes, as limited by constitutional protections for private property.
(4) The right of the public to use public water for recreational purposes is governed by Chapter 29, Public Waters Access Act.

Amended by Chapter 410, 2010 General Session

73-1-2 Unit of measurement -- Of flow -- Of volume.
          The standard unit of measurement of the flow of water shall be the discharge of one cubic foot per second of time, which shall be known as a second-foot; and the standard unit of measurement of the volume of water shall be the acre-foot, being the amount of water upon an acre covered one foot deep, equivalent to 43,560 cubic feet.

No Change Since 1953

73-1-3 Beneficial use basis of right to use.
          Beneficial use shall be the basis, the measure and the limit of all rights to the use of water in this state.

No Change Since 1953

73-1-4 Reversion to the public by abandonment or forfeiture for nonuse within seven years -- Saved water -- Nonuse application.
(1)As used in this section:
(a)”Public entity” means:
(i)the United States;
(ii)an agency of the United States;
(iii)the state;
(iv)a state agency;
(v)a political subdivision of the state; or
(vi)an agency of a political subdivision of the state.
(b)”Public water supplier” means an entity that:
(i)supplies water, directly or indirectly, to the public for municipal, domestic, or industrial use; and
(ii)is:
(A)a public entity;
(B)a water corporation, as defined in Section 54-2-1, that is regulated by the Public Service Commission;
(C)a community water system:
(I)that:
(Aa)supplies water to at least 100 service connections used by year-round residents; or
(Bb)regularly serves at least 200 year-round residents; and
(II)whose voting members:
(Aa)own a share in the community water system;
(Bb)receive water from the community water system in proportion to the member’s share in the community water system; and
(Cc)pay the rate set by the community water system based on the water the member receives; or
(D)a water users association:
(I)in which one or more public entities own at least 70% of the outstanding shares; and
(II)that is a local sponsor of a water project constructed by the United States Bureau of Reclamation.
(c)”Saved water” means the same as that term is defined in Section 73-3-3.
(d)”Shareholder” means the same as that term is defined in Section 73-3-3.5.
(e)”Water company” means the same as that term is defined in Section 73-3-3.5.
(f)”Water supply entity” means an entity that supplies water as a utility service or for irrigation purposes and is also:
(i)a municipality, water conservancy district, metropolitan water district, irrigation district, or other public agency;
(ii)a water company regulated by the Public Service Commission; or
(iii)any other owner of a community water system.
(2)
(a)Except as provided in Subsection (2)(b) or (e), when an appropriator or the appropriator’s successor in interest abandons or ceases to beneficially use all or a portion of a water right for a period of at least seven years, the water right or the unused portion of that water right is subject to forfeiture in accordance with Subsection (2)(c).
(b)
(i)An appropriator or the appropriator’s successor in interest may file an application for nonuse with the state engineer.
(ii)A nonuse application may be filed on all or a portion of the water right, including water rights held by a water company.
(iii)After giving written notice to the water company, a shareholder may file a nonuse application with the state engineer on the water represented by the stock.
(iv)
(A)The approval of a nonuse application excuses the requirement of beneficial use of water from the date of filing.
(B)The time during which an approved nonuse application is in effect does not count toward the seven-year period described in Subsection (2)(a).
(v)The filing or approval of a nonuse application or a series of nonuse applications under Subsection (3) does not:
(A)constitute beneficial use of a water right;
(B)protect a water right that is already subject to forfeiture under this section; or
(C)bar a water right owner from:
(I)using the water under the water right as permitted under the water right; or
(II)claiming the benefit of Subsection (2)(e) or any other forfeiture defense provided by law.
(c)
(i)Except as provided in Subsection (2)(c)(ii), a water right or a portion of the water right may not be forfeited unless a judicial action to declare the right forfeited is commenced:
(A)within 15 years from the end of the latest period of nonuse of at least seven years; or
(B)within the combined time of 15 years from the end of the most recent period of nonuse of at least seven years and the time the water right was subject to one or more nonuse applications.
(ii)
(A)The state engineer, in a proposed determination of rights filed with the court and prepared in accordance with Section 73-4-11, may not assert that a water right was forfeited unless the most recent period of nonuse of seven years ends or occurs:
(I)during the 15 years immediately preceding the day on which the state engineer files the proposed determination of rights with the court; or
(II)during the combined time immediately preceding the day on which the state engineer files the proposed determination of rights consisting of 15 years and the time the water right was subject to one or more approved nonuse applications.
(B)After the day on which a proposed determination of rights is filed with the court a person may not assert that a water right subject to that determination was forfeited before the issuance of the proposed determination, unless the state engineer asserts forfeiture in the proposed determination, or a person, in accordance with Section 73-4-11, makes an objection to the proposed determination that asserts forfeiture.
(iii)A water right, found to be valid in a decree entered in an action for general determination of rights under Chapter 4, Determination of Water Rights, is subject to a claim of forfeiture based on a seven-year period of nonuse that begins after the day on which the state engineer filed the related proposed determination of rights with the court, unless the decree provides otherwise.
(iv)If in a judicial action a court declares a water right forfeited, on the date on which the water right is forfeited:
(A)the right to beneficially use the water reverts to the public; and
(B)the water made available by the forfeiture:
(I)first, satisfies other water rights in the hydrologic system in order of priority date; and
(II)second, may be appropriated as provided in this title.
(d)Except as provided in Subsection (2)(e), this section applies whether the unused or abandoned water or a portion of the water is:
(i)permitted to run to waste; or
(ii)beneficially used by others without right with the knowledge of the water right holder.
(e)This section does not apply to:
(i)the beneficial use of water according to a written, terminable lease or other agreement with the appropriator or the appropriator’s successor in interest;
(ii)a water right if its place of use is contracted under an approved state agreement or federal conservation fallowing program;
(iii)those periods of time when a surface water or groundwater source fails to yield sufficient water to satisfy the water right;
(iv)a water right when water is unavailable because of the water right’s priority date;
(v)a water right to store water in a surface reservoir, or an aquifer in accordance with Chapter 3b, Groundwater Recharge and Recovery Act, if the water is stored for present or future beneficial use;
(vi)a water right if a water user has beneficially used substantially all of the water right within a seven-year period, provided that this exemption does not apply to the adjudication of a water right in a general determination of water rights under Chapter 4, Determination of Water Rights;
(vii)except as provided by Subsection (2)(g), a water right:
(A)
(I)owned by a public water supplier;
(II)represented by a public water supplier’s ownership interest in a water company; or
(III)to which a public water supplier owns the right of beneficial use; and
(B)conserved or held for the reasonable future water requirement of the public, which is determined according to Subsection (2)(f);
(viii)a supplemental water right during a period of time when another water right available to the appropriator or the appropriator’s successor in interest provides sufficient water so as to not require beneficial use of the supplemental water right;
(ix)a period of nonuse of a water right during the time the water right is subject to an approved change application where the applicant is diligently pursuing certification;
(x)a water right to store water in a surface reservoir if:
(A)storage is limited by a safety, regulatory, or engineering restraint that the appropriator or the appropriator’s successor in interest cannot reasonably correct; and
(B)not longer than seven years have elapsed since the limitation described in Subsection (2)(e)(x)(A) is imposed;
(xi)a water right subject to an approved change application for use within a water bank that has been authorized but not dissolved under Chapter 31, Water Banking Act, during the period of time the state engineer authorizes the water right to be used within the water bank; or
(xii)subject to Subsection (2)(h), that portion of a water right that is quantified as saved water in a final order from the state engineer approving a change application, but not to exceed the amount subsequently verified by the state engineer in a certificate issued under Section 73-3-17.
(f)
(i)The reasonable future water requirement of the public is the amount of water needed in the next 40 years by:
(A)the persons within the public water supplier’s reasonably anticipated service area based on reasonably anticipated population growth; or
(B)other water use demand.
(ii)For purposes of Subsection (2)(f)(i), a community water system’s reasonably anticipated service area:
(A)is the area served by the community water system’s distribution facilities; and
(B)expands as the community water system expands the distribution facilities in accordance with Title 19, Chapter 4, Safe Drinking Water Act.
(iii)The state engineer shall by rule made in accordance with Subsection 73-2-1(4) establish standards for a written plan that may be presented as evidence in conformance with this Subsection (2)(f), except that before a rule establishing standards for a written plan under this Subsection (2)(f) takes effect, in addition to complying with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the state engineer shall present the rule to:
(A)if the Legislature is not in session, the Natural Resources, Agriculture, and Environment Interim Committee; or
(B)if the Legislature is in session, the House of Representatives and Senate Natural Resources, Agriculture, and Environment standing committees.
(g)For a water right acquired by a public water supplier on or after May 5, 2008, Subsection (2)(e)(vii) applies if:
(i)the public water supplier submits a change application under Section 73-3-3; and
(ii)the state engineer approves the change application.
(h)Saved water does not retain the protection of Subsection (2)(e)(xii) and any period of nonuse for saved water begins to run the day on which:
(i)the underlying water right that serves as the basis for the saved water is declared by court decree to have been lost due to forfeiture under this section; or
(ii)the title of a right to saved water segregated under Section 73-3-27 is conveyed independent of the underlying water right.
(3)
(a)The state engineer shall furnish a nonuse application form requiring the following information:
(i)the name and address of the applicant;
(ii)a description of the water right or a portion of the water right, including the point of diversion, place of use, and priority;
(iii)the quantity of water;
(iv)the period of use;
(v)the extension of time applied for;
(vi)a statement of the reason for the nonuse of the water; and
(vii)any other information that the state engineer requires.
(b)
(i)Upon receipt of the application, the state engineer shall publish a notice of the application once a week for two successive weeks:
(A)in a newspaper of general circulation in the county in which the source of the water supply is located and where the water is to be beneficially used; and
(B)as required in Section 45-1-101.
(ii)The notice shall:
(A)state that an application has been made; and
(B)specify where the interested party may obtain additional information relating to the application.
(c)An interested person may file a written protest with the state engineer against the granting of the application:
(i)within 20 days after the notice is published, if the adjudicative proceeding is informal; and
(ii)within 30 days after the notice is published, if the adjudicative proceeding is formal.
(d)In a proceeding to determine whether the nonuse application should be approved or rejected, the state engineer shall follow Title 63G, Chapter 4, Administrative Procedures Act.
(e)After further investigation, the state engineer may approve or reject the application.
(4)
(a)The state engineer shall grant a nonuse application on all or a portion of a water right for a period of time not exceeding seven years if the applicant shows a reasonable cause for nonuse.
(b)A reasonable cause for nonuse includes:
(i)a demonstrable financial hardship or economic depression;
(ii)a physical cause or change that renders use beyond the reasonable control of the water right owner so long as the water right owner acts with reasonable diligence to resume or restore the use;
(iii)the initiation of water conservation or an efficiency practice, or the operation of a groundwater recharge recovery program approved by the state engineer;
(iv)operation of a legal proceeding;
(v)the holding of a water right or stock in a mutual water company without use by a water supply entity to meet the reasonable future requirements of the public;
(vi)situations where, in the opinion of the state engineer, the nonuse would assist in implementing an existing, approved water management plan; or
(vii)the loss of capacity caused by deterioration of the water supply or delivery equipment if the applicant submits, with the application, a specific plan to resume full use of the water right by replacing, restoring, or improving the equipment.
(5)
(a)Sixty days before the expiration of a nonuse application, the state engineer shall notify the applicant by mail or by a form of electronic communication through which receipt is verifiable, of the date when the nonuse application will expire.
(b)An applicant may file a subsequent nonuse application in accordance with this section.

Amended by Chapter 233, 2024 General Session

73-1-4.5 Authorization for water companies to allocate water rights lost by forfeiture or nonuse -- Redemption and retirement of water shares.
(1)
(a) If a water right, to which a water company holds title, ceases or is lost due to forfeiture or abandonment for lack of beneficial use, in whole or in part, the water company shall, through procedures consistent with this section, and as defined in the company’s articles of incorporation or bylaws, apportion the loss to each stockholder whose failure to make beneficial use caused the loss of the water right.
(b) The water company shall make an apportionment if a court of proper jurisdiction makes a final decision that a loss has occurred.
(c) The water company shall also reduce the amount of water provided to the shareholder in proportion to the amount of the lost water right during an appeal of a decision that reduced the company water rights, unless otherwise ordered by a court of proper jurisdiction.
(d) The water company may take any action under this Subsection (1), whether the loss occurred:
(i) under Utah Code Annotated Section 73-1-4, including losses that occur as part of a general determination under Title 73, Chapter 4, Determination of Water Rights; or
(ii) through any other decision by a court of proper jurisdiction.
(2)
(a) If the water company apportions a water right under Subsection (1), a sufficient number of shares to account for the water right lost, including necessary transport or “carrier water” losses, shall be treated by the water company as shares redeemed by the company from the stockholder responsible for the loss.
(b) The number of shares owned by that shareholder shall be reduced accordingly on the records of the company.
(c) Upon the redemption, the authorized shares of the company shall be reduced by the amount of shares that were redeemed under this Subsection (2).
(3) The redemption and retirement under this section of shares belonging to a stockholder does not relieve the stockholder of liability for unpaid assessments on the stock or debts the shareholder may owe to the water company.

Amended by Chapter 132, 2017 General Session

73-1-5 Use of water a public use.
          The use of water for beneficial purposes, as provided in this title, is hereby declared to be a public use.

No Change Since 1953

73-1-6 Eminent domain -- Purposes.
          Any person shall have a right of way across and upon public, private and corporate lands, or other rights of way, for the construction, maintenance, repair and use of all necessary reservoirs, dams, water gates, canals, ditches, flumes, tunnels, pipelines and areas for setting up pumps and pumping machinery or other means of securing, storing, replacing and conveying water for domestic, culinary, industrial and irrigation purposes or for any necessary public use, or for drainage, upon payment of just compensation therefor, but such right of way shall in all cases be exercised in a manner not unnecessarily to impair the practical use of any other right of way, highway or public or private road, or to injure any public or private property.

No Change Since 1953

73-1-7 Enlargement for joint use of ditch.
(1) When a person with no existing shareholder or contractual rights in the canal or ditch described in this Subsection (1) desires to convey water for irrigation or any other beneficial purpose and there is a canal or ditch already constructed that can be used  or enlarged to convey the required quantity of water, the person may use or enlarge the canal or ditch already constructed if:
(a) the canal or ditch can be:
(i) used without displacing current users or exceeding free board capacity; or
(ii) enlarged to convey the required quantity of water necessary to deliver all water authorized for delivery to authorized users of the canal or ditch, provide adequate free board capacity, and carry the additional quantity of water requested by the person;
(b) the person compensates:
(i) the owner of the canal or ditch to be used or enlarged for the damage caused by the use or enlargement; and
(ii) each landowner whose land is encumbered by an easement related to the canal or ditch if the carrying of additional water will expand the scope of the easement;
(c) the person pays an equitable proportion of the maintenance and operation of the canal or ditch jointly used or enlarged; and
(d) the person complies with Subsections (2) through (4).
(2) An enlargement made in accordance with Subsection (1) shall be made between October 1 and March 1, unless another time is agreed to with:
(a) the owner of the canal or ditch; and
(b) each landowner whose land is encumbered by an easement related to the canal or ditch if the carrying of additional water will expand the scope of the easement.
(3) The additional water turned in to the canal or ditch shall bear its proportion of loss by evaporation and seepage.
(4) Before use or enlargement is allowed in accordance with this section, the person seeking to use or enlarge the canal or ditch shall negotiate in good faith to enter into a written contract governing the relationship, including terms of use and payment, between the person and the following:
(a) the canal or ditch owner; and
(b) each landowner whose land is encumbered by an easement related to the canal or ditch if the carrying of additional water will expand the scope of the easement.
(5) A person seeking to use or enlarge a canal or ditch in accordance with this section may not rely on the right-of-way provisions of Section 73-1-6 against:
(a) an owner of the canal or ditch unless the person has:
(i) attempted in good faith to enter into a written contract pursuant to Subsection (4)(a); and
(ii) failed to enter into a written contract; and
(b) a landowner whose land is encumbered by an easement related to the canal or ditch if the carrying of additional water will expand the scope of the easement unless the person has:
(i) attempted in good faith to enter into a written contract pursuant to Subsection (4)(b); and
(ii) failed to enter into a written contract.
(6) Unless otherwise agreed to in the written contract referenced in Subsection (4)(a), a person using an existing canal or ditch under this section:
(a) does not acquire any voting rights in the entity owning the canal or ditch not already possessed by a person;
(b) does not acquire any rights to direct the operation of the canal or ditch;
(c) may not add water to the canal or ditch that impairs the water quality in the canal or ditch, or increases the cost of any treatment, to a degree that adversely impacts the intended use of the water already in the canal or ditch;
(d) may not add water to the canal or ditch that exceeds the capacity of the canal or ditch, including free board capacity;
(e) may not modify any water rights without state engineer approval;
(f) shall pay an equitable proportion of construction or upgrade costs, including any related debt service, incurred by the owner of the canal or ditch within five years before the day on which the person begins use of the existing canal or ditch;
(g) is liable for an equitable proportion of any liability arising out of the operation or maintenance of the canal or ditch unless the event giving rise to the liability was caused solely by the person or by the owner of the canal or ditch;
(h) is solely liable for any liability arising out of the operation or maintenance of the canal or ditch if the event giving rise to the liability was caused solely by the person; and
(i) is not liable for any liability arising out of the operation or maintenance of the canal or ditch if the event giving rise to the liability was caused solely by the owner of the canal or ditch.
(7) This section is not applicable to any type of water conveyance infrastructure other than a canal or ditch described in this section.
(8) Nothing in this section will eliminate a criminal penalty resulting from conduct prohibited by Section 73-1-15.

Amended by Chapter 136, 2011 General Session

73-1-8 Duties of owners or operators -- Bridges and trails -- Liability.
(1)As used in this section:
(a)”Water facility” means a dam, pipeline, culvert, flume, conduit, ditch, head gate, canal, reservoir, spring box, well, meter, weir, valve, casing, cap, or other facility used for the diversion, transportation, distribution, measurement, collection, containment, or storage of irrigation water.
(b)”Water facility” does not mean a facility used primarily as part of a:
(i)public water system as defined in Section 19-4-102; or
(ii)residential irrigation system.
(2)An owner or operator of a water facility shall:
(a)maintain the water facility to prevent waste of water, damage to property, or injury to others; and
(b)by bridge or otherwise, keep the water facility in good repair where the water facility crosses a public road or highway to prevent obstruction to travel or damage or overflow on the public road or highway.
(3)Subsection (2)(b) does not apply where a governmental entity maintains or elects to maintain a bridge or other device to prevent obstruction to travel or damage or overflow on the public road or highway.
(4)In addition to immunity if the conditions of Title 57, Chapter 14, Limitations on Landowner Liability, are met, an owner or operator of a water facility, stream, or river, is immune from suit if:
(a)the damage or personal injury arises out of, is in connection with, or results from the use of a trail that is located along a water facility, stream, or river, regardless of ownership or operation of the water facility, stream, or river;
(b)the trail is designated under a general plan adopted by a municipality under Section 10-20-401 or by a county under Section 17-79-401;
(c)the trail right-of-way or the right-of-way where the trail is located is open to public use as evidenced by a written agreement between the owner or operator of the trail right-of-way, or of the right-of-way where the trail is located, and the municipality or county where the trail is located; and
(d)the written agreement:
(i)contains a plan for operation and maintenance of the trail; and
(ii)provides that an owner or operator of the trail right-of-way, or of the right-of-way where the trail is located has, at minimum, the same level of immunity from suit as the governmental entity in connection with or resulting from use of the trail.
(5)
(a)The duty under Subsection (2) requires only reasonable and ordinary care and may not be construed to impose strict liability or to otherwise increase the liability of the owner or operator of a water facility.
(b)An owner or operator of a water facility is not liable for damage or injury caused by:
(i)the diversion or discharge of water or another substance into the water facility by a third party beyond the control of the owner or operator of the water facility, including control exercised by the owner’s or operator’s employees or agents;
(ii)any other act or omission of a third party that is beyond the control of the owner or operator of the water facility, including control exercised by the owner’s or operator’s employees or agents; or
(iii)an act of God, including fire, earthquake, storm, flash floods, or similar natural occurrences.
(6)This section may not be interpreted to impair a defense that an owner or operator of a water facility may assert in a civil action.

Amended by Chapter 15, 2025 Special Session 1

73-1-9 Contribution between joint owners of ditch or reservoir.
          When two or more persons are associated in the use of any dam, canal, reservoir, ditch, lateral, flume or other means for conserving or conveying water for the irrigation of land or for other purposes, each of them shall be liable to the other for the reasonable expenses of maintaining, operating and controlling the same, in proportion to the share in the use or ownership of the water to which the person is entitled.

Amended by Chapter 365, 2024 General Session

73-1-10 Conveyance of water rights -- Deed -- Exceptions -- Filing and recording of deed -- Report of water right conveyance.
(1)
(a) A water right, whether evidenced by a decree, a certificate of appropriation, a diligence claim to the use of surface or underground water, or a water user’s claim filed in general determination proceedings, shall be transferred by deed in substantially the same manner as is real estate.
(b) The deed must be recorded in the office of the recorder of the county where the point of diversion of the water is located and in the county where the water is used.
(c) A recorded deed of a water right shall from the time of its recording in the office of the county recorder constitute notice of its contents to all persons.
(d)
(i) Beginning July 1, 2011, a deed under Subsection (1)(a) may include a water rights addendum as provided in Section 57-3-109.
(ii) The state engineer shall consider a water rights addendum that is recorded and forwarded to the state engineer by a county recorder, in accordance with Section 57-3-109, as a submitted report of water right conveyance under Subsection (3).
(2) The right to the use of water evidenced by shares of stock in a corporation shall be transferred in accordance with the procedures applicable to securities set forth in Title 70A, Chapter 8, Uniform Commercial Code - Investment Securities.
(3)
(a) To update water right ownership on the records of the state engineer, a water right owner shall submit a report of water right conveyance to the state engineer.
(b) The report of water right conveyance shall be on forms provided by the state engineer.
(c) The report shall be prepared by:
(i) or prepared under the direction of and certified by, any of the following persons licensed in Utah:
(A) an attorney;
(B) a professional engineer;
(C) a title insurance producer; or
(D) a professional land surveyor; or
(ii) the water right owner as authorized by rule of the state engineer.
(d) The filing and processing of a report of water right conveyance with the state engineer is neither an adjudication of water right ownership nor an opinion as to title or validity of the water right.
(e) The state engineer shall adopt rules that specify:
(i) the information required in a report of water right conveyance; and
(ii) the procedures for processing the reports.

Amended by Chapter 363, 2013 General Session

73-1-11 Appurtenant water rights pass to grantee of land -- Exceptions -- Conveyance of a portion of irrigated land -- Right to the use of water evidenced by shares of stock -- Appurtenant water rights -- Evidence -- Where appurtenant -- Partial conveyances of water and land.
(1)
(a)A water right appurtenant to land shall pass to the grantee of the land unless the grantor:
(i)specifically reserves the water right or any part of the water right in the land conveyance document;
(ii)conveys a part of the water right in the land conveyance document; or
(iii)conveys the water right in a separate conveyance document prior to or contemporaneously with the execution of the land conveyance document.
(b)If a county recorder records a document that conveys a water right appurtenant to land as described in Subsection (1)(a) and relies on the document to maintain a tract index described in Section 17-71-302, the state engineer shall rely on the document as an effective conveyance of a water right appurtenant to land.
(2)
(a)If the water right has been exercised in irrigating different parcels of land at different times, it shall pass to the grantee of a parcel of land on which the water right was exercised next preceding the time the land conveyance was executed.
(b)Subsection (2)(a) applies only to land conveyances executed before May 4, 1998.
(3)In any conveyance, the grantee assumes the obligation for any unpaid assessment.
(4)
(a)The right to the use of water evidenced by shares of stock in a corporation is not a water right appurtenant to land.
(b)On or after May 14, 2013, unless provided otherwise in a corporation’s articles of incorporation or bylaws, the right to the use of water evidenced by shares of stock in a corporation shall transfer only as provided in Subsection 73-1-10(2).
(5)
(a)This Subsection (5) governs land conveyances executed on or after May 4, 1998, and has no retrospective operation.
(b)For purposes of land conveyances only, a water right evidenced by any of the following documents is appurtenant to land:
(i)a decree entered by a court;
(ii)a certificate issued under Section 73-3-17;
(iii)a diligence claim for surface or underground water filed pursuant to Section 73-5-13;
(iv)a water user’s claim executed for general determination of water rights proceedings conducted pursuant to Title 73, Chapter 4, Determination of Water Rights, or pursuant to Section 73-3-16;
(v)an approval for an application to appropriate water issued under Section 73-3-10;
(vi)an approval for an application to permanently change the place of use of water issued under Section 73-3-10; or
(vii)an approval for an application to exchange water issued under Section 73-3-20.
(c)For purposes of land conveyances only, the land to which a water right is appurtenant is the authorized place of use of water as described in the:
(i)decree;
(ii)certificate;
(iii)diligence claim;
(iv)water user’s claim;
(v)approved application to appropriate water;
(vi)approved application to permanently change the place of use of water; or
(vii)approved exchange application.
(d)If a grantor conveys part of the water right in a land conveyance document pursuant to Subsection (1)(b), the portion of the water right not conveyed is presumed to be reserved by the grantor.
(e)If the land conveyed constitutes only a portion of the authorized place of use for the water right, the amount of the appurtenant water right that passes to the grantee shall be proportionate to the conveyed portion of the authorized place of use.
(6)Beginning July 1, 2011, a deed conveying fee simple title to land may include a water rights addendum as provided in Section 57-3-109.

Amended by Chapter 17, 2025 Special Session 1

73-1-12 Failure to record -- Effect.
          Every deed of a water right which shall not be recorded as provided in this title shall be void as against any subsequent purchaser, in good faith and for a valuable consideration, of the same water right, or any portion thereof, where the subsequent purchaser’s deed shall be first duly recorded.

Amended by Chapter 365, 2024 General Session

73-1-13 Corporations -- One water company may own stock in another.
          Any irrigation or reservoir company incorporated and existing under the laws of this state may purchase or subscribe for the capital stock of any other similar corporation which at the time of such purchase or subscription shall be or is about to be incorporated; provided, that such purchase or subscription shall be made only when permitted by the articles of incorporation, and such corporations are hereby permitted and authorized to amend their articles of incorporation so as to authorize such purchase or subscription.

No Change Since 1953

73-1-14 Acts against water facilities or interfering with apportioning official -- Penalty and liability.
(1) As used in this section:
(a) “Connection to a water facility” includes:
(i) to introduce water or another substance into or take water from a water facility through a pipeline, flume, ditch, canal, trench, holding pond, or water collection structure;
(ii) to place or maintain a structure capable of introducing water or another substance directly into or of taking water from a water facility from a pipeline, flume, ditch, canal, trench, holding pond, or water collection structure; or
(iii) to cut into or breach a canal or ditch bank for the purpose of introducing water or another substance into or of taking water from the canal or ditch.
(b) “Interfere,” for purposes of a water facility, means damage to or modification of the water facility that results in actual blockage or diversion of water, stormwater, wastewater, or sewage.
(c) “Knowingly” means the same as that term is defined in Section 76-2-103.
(d) “Water facility” means a dam, pipeline, culvert, fire hydrant, flume, conduit, ditch, head gate, canal, reservoir, storage tank, spring box, well, meter, weir, valve, casing, cap, or other facility used for the diversion, transportation, distribution, measurement, collection, containment, or storage of water, stormwater, wastewater, or sewage.
(2) Subject to Subsection (6), a person is guilty of a crime punishable under Section 73-2-27 if the person:
(a) knowingly makes a temporary or permanent connection to, or interferes with, a water facility without:
(i) first obtaining the written consent of the owner or operator of the water facility; or
(ii) having other lawful authority; or
(b) without lawful authority, knowingly interferes with an individual authorized to apportion water while in the discharge of the individual’s duties.
(3) A person who commits an act defined as a crime under this section is also liable for damages, other relief, and reasonable costs and attorney fees as provided in Section 73-2-28, in a civil action brought by a person injured by that act.
(4)
(a) A civil action under this section may be brought independent of a criminal action.
(b) Proof of the elements of a civil action under this section need only be made by a preponderance of the evidence.
(5) A person who complies with Title 54, Chapter 8a, Damage to Underground Utility Facilities, Section 73-1-7, or Section 73-1-15.5 may not be held criminally or civilly liable for actions allowed by those sections.
(6)
(a) “Person” for purposes of this section does not include a government entity, including a political subdivision of the state.
(b) This section may not be interpreted to limit or impair a claim otherwise provided by law of a water facility owner or operator against a government entity.

Amended by Chapter 105, 2023 General Session

73-1-15 Obstructing or change of water facilities -- Penalties.
(1)
(a) When a person has a right-of-way of an established type or title for a water facility, as defined in Section 73-1-14, it is unlawful for a person to place or maintain in place any obstruction, or change of the water flow by fence or otherwise, along, across, in, or to the water facility, except as where the water facility inflicts damage to private property, without first:
(i) receiving written permission for the change or obstruction and providing gates sufficient for the passage of the owner or owners of the water facility; or
(ii) complying with the requirements of Section 73-1-15.5.
(b) That the vested rights in the established water facility shall be protected against all encroachments.
(c) That indemnifying agreements may be entered as may be just and proper by governmental agencies.
(2) A person violating this section is guilty of a crime punishable under Section 73-2-27.
(3) A person who commits an act defined as a crime under this section is also liable for damages or other relief and costs in a civil action to a person injured by that act.
(4)
(a) A civil action under this section may be brought independent of a criminal action.
(b) Proof of the elements of a civil action under this section need only be made by a preponderance of the evidence.

Amended by Chapter 64, 2020 General Session

73-1-15.5 Relocation of easements for a water conveyance facility -- Alteration of a water conveyance facility.
(1) As used in this section:
(a) “Facility owner” means an individual, entity, mutual water company, or unincorporated organization:
(i) operating a water conveyance facility;
(ii) owning any interest in a water conveyance facility; or
(iii) having a property interest in real property based on the presence of the water conveyance facility located and operating on the real property.
(b)
(i) “Water conveyance facility” means a ditch, canal, flume, pipeline, or other watercourse used to convey water used for irrigation or storm water drainage and any related easement for the ditch, canal, flume, pipeline, or other watercourse.
(ii) “Water conveyance facility” does not mean a ditch, canal, flume, pipeline, or other watercourse used to convey water used for culinary or industrial water, or any federal water project facility.
(2) Unless prohibited by the terms of a written grant of easement or an agreement for which consideration was given, a property owner may make reasonable changes in the location and method of delivery of a water conveyance facility located on the property owner’s real property after:
(a) having a licensed engineer:
(i) redesign the water conveyance facility, which may include relocating the water conveyance facility to a new location on the property owner’s real property or on the real property of another person who consents to the relocation; and
(ii) certify that the engineered redesign of the water conveyance facility and method of delivery meets the requirements of Subsection (4);
(b) providing the plans designed by the licensed engineer under Subsection (2)(a)(i) to the facility owner;
(c) allowing the facility owner a reasonable time to review the plans designed by the licensed engineer under Subsection (2)(a)(i), provide comments to the plans, and subject to Subsection (3), require changes and approve the planned redesign before commencing the modifications;
(d) allowing the facility owner to inspect the modified water conveyance facility during construction of the modification and require reasonable changes if construction of the modification is not occurring according to an approved redesign plan as required by Subsection (3)(b); and
(e) providing the facility owner with the ability to reasonably access, operate, maintain, and replace the modified water conveyance facility.
(3) A facility owner:
(a) may require a change to the plans designed by the licensed engineer under Subsection (2)(a)(i) only if the change is:
(i) directly related to a reasonably anticipated negative impact, resulting from the relocation of the water conveyance facility or a change in the method of water delivery; and
(ii) the least costly means of addressing the anticipated negative impact described in Subsection (3)(a)(i) after taking into account the provisions of Subsection (4); and
(b) shall approve the plans designed by the licensed engineer under Subsection (2)(a)(i) if:
(i) the plans reasonably address any anticipated negative impacts resulting from the relocation of the water conveyance facility or a change in the method of water delivery;
(ii) the property owner has proposed reasonable terms or conditions to satisfy the provisions of Subsection (4); and
(iii) the property owner satisfies the provisions of Subsection (2).
(4) A property owner may not relocate a water conveyance facility or change the method of delivery of a water conveyance facility in accordance with Subsection (2) if the modification:
(a) significantly decreases the utility of the water conveyance facility for its current use;
(b) increases the burden on the facility owner’s use of the water conveyance facility in a way not compensated for by the property owner; or
(c) frustrates the purpose of the water conveyance facility.
(5)
(a) A property owner or a facility owner may request the Office of the Property Rights Ombudsman to mediate any dispute over the application of this section.
(b) A property owner and a facility owner may jointly request the Office of the Property Rights Ombudsman to arbitrate any dispute over the application of this section.
(6) A property owner relocating a water conveyance facility under this section is responsible for:
(a) the reasonable, actual costs incurred in modifying the water conveyance facility, including:
(i) planning and construction costs;
(ii) the actual engineering and inspection costs during construction;
(iii) costs reasonably and necessarily incurred by the facility owner related to the modification of the water conveyance facility; and
(iv) legal costs incurred by the facility owner in reviewing and approving plans and proposing modifications, limited to the lesser amount of actual attorney fees incurred or $5,000; and
(b) the costs of preparing instruments associated with any new easement for the modified water conveyance facility, as described in Subsection (8).
(7) In an action where a claim is made that a provision of this section has been violated, a court may, in addition to any other relief granted, award costs and reasonable attorney fees:
(a) to the facility owner if the court finds that the property owner failed to comply with the plan approved in accordance with Subsection (3); or
(b) to the property owner if the court finds that the facility owner made unreasonable demands in reviewing the property owner’s proposed plans or in requiring changes to the proposed or approved plans.
(8)
(a) If a water conveyance facility is relocated under this section, the facility owner shall record an instrument extinguishing the existing easement in exchange for the grant of a new easement for the relocated water conveyance facility by the property owner burdened by the modified water conveyance facility.
(b) The instruments extinguishing the previous easement and granting the new easement shall be:
(i) in a form mutually acceptable to the facility owner and the property owner; and
(ii) recorded in the county in which the modified water conveyance facility is located.
(c) The property owner shall pay all recording fees for the instruments described in Subsections (8)(a) and (b).

Enacted by Chapter 349, 2018 General Session

73-1-16 Petition for hearing to determine validity -- Notice -- Service -- Pleading -- Costs -- Review.
          Where any water users’ association, irrigation company, canal company, ditch company, reservoir company, or other corporation of like character or purpose, organized under the laws of this state has entered into or proposes to enter into a contract with the United States for the payment by such association or company of the construction and other charges of a federal reclamation project constructed, under construction, or to be constructed within this state, and where funds for the payment of such charges are to be obtained from assessments levied upon the stock of such association or company, or where a lien is created or will be created against any of the land, property, canals, water rights or other assets of such association or company or against the land, property, canals, water rights or other assets of any stockholder of such association or company to secure the payment of construction or other charges of a reclamation project, the water users’ association, irrigation company, canal company, ditch company, reservoir company or other corporation of like character or purpose may file in the district court of the county wherein is situated the office of such association or company a petition entitled “.......... Water Users’ Association” or “.......... Company,” as the case may be, “against the stockholders of said association or company and the owners and mortgagees of land within the .......... Federal Reclamation Project.”  No other or more specific description of the defendants shall be required.  In the petition it may be stated that the water users’ association, irrigation company, canal company, ditch company, reservoir company or other corporation of like character and purpose has entered into or proposes to enter into a contract with the United States, to be set out in full in said petition, with a prayer that the court find said contract to be valid, and a modification of any individual contracts between the United States and the stockholders of such association or company, or between the association or company, and its stockholders, so far as such individual contracts are at variance with the contract or proposed contract between the association or company and the United States.
          Thereupon a notice in the nature of a summons shall issue under the hand and seal of the clerk of said court, stating in brief outline the contents of said petition, and showing where a full copy of said contract or proposed contract may be examined, such notice to be directed to the said defendants under the same general designations, which shall be considered sufficient to give the court jurisdiction of all matters involved and parties interested.  Service shall be obtained (a) by publication of such notice once a week for three consecutive weeks (three times) in a newspaper published in each county where the irrigable land of such federal reclamation project is situated, (b) as required in Section 45-1-101 for three weeks, (c) by publishing the notice on the Utah Public Notice Website created in Section 63A-16-601, for three weeks prior to the date of the hearing, and (d) by the posting at least three weeks prior to the date of the hearing on said petition of the notice and a complete copy of the said contract or proposed contract in the office of the plaintiff association or company, and at three other public places within the boundaries of such federal reclamation project.  Any stockholder in the plaintiff association or company, or owner, or mortgagee of land within said federal reclamation project affected by the contract proposed to be made by such association or company, may demur to or answer said petition before the date set for such hearing or within such further time as may be allowed therefor by the court.  The failure of any persons affected by the said contract to answer or demur shall be construed, so far as such persons are concerned as an acknowledgment of the validity of said contract and as a consent to the modification of said individual contracts if any with such association or company or with the United States, to the extent that such modification is required to cause the said individual contracts if any to conform to the terms of the contract or proposed contract between the plaintiff and the United States.  All persons filing demurrers or answers shall be entered as defendants in said cause and their defense consolidated for hearing or trial.  Upon hearing the court shall examine all matters and things in controversy and shall enter judgment and decree as the case warrants, showing how and to what extent, if any, the said individual contracts of the defendants or under which they claim are modified by the plaintiff’s contract or proposed contract with the United States.  In reaching his conclusion in such causes, the court shall follow a liberal interpretation of the laws, and shall disregard informalities or omissions not affecting the substantial rights of the parties, unless it is affirmatively shown that such informalities or omissions led to a different result than would have been obtained otherwise.  The Code of Civil Procedure shall govern matters of pleading and practice as nearly as may be.  Costs may be assessed or apportioned among contesting parties in the discretion of the trial court.  Review of the judgment of the district court by the Supreme Court may be had as in other civil causes.

Amended by Chapter 84, 2021 General Session
Amended by Chapter 345, 2021 General Session

73-1-17 Borrowing from federal government authorized.
          That irrigation companies, drainage districts, and irrigation districts heretofore organized under the laws of the state of Utah be and they are hereby authorized and empowered to borrow money from the Reconstruction Finance Corporation, organized pursuant to an Act of Congress of the United States, or from any other governmental loaning agency or agencies to aid them in refunding or refinancing their obligations outstanding on the date of enactment by the Congress of the United States of the Emergency Relief and Construction Act of 1932 through the purchase and retirement of such obligations at a discount, or otherwise, if such obligations were issued in connection with irrigation and/or drainage projects of such companies and/or districts, respectively, which are self-liquidating in character, or where the loan can be repaid by the applicant for such loan by assessment on the issued and outstanding capital stock of the irrigation company, or by assessment on the land or lands within the exterior boundaries of the drainage district, or by assessments on the lands and/or water allotted to lands within the exterior boundaries of the irrigation district.

No Change Since 1953

73-1-18 Bonds issued -- Interest -- Lien.
          The money so borrowed shall be evidenced by the bond or bonds or other obligations of the irrigation companies, drainage districts, or irrigation districts borrowing the same and shall constitute and be secured by a first lien on the water rights, canal rights and all assets of the irrigation companies, and on all lands within the exterior boundaries of drainage districts, and on all lands and/or water allotted to lands within the exterior boundaries of the irrigation districts, and shall bear such rate of interest and mature at such time or times as the contracting parties may agree upon.

No Change Since 1953

73-1-19 State, agency, county, city or town -- Authority of -- To procure stock of irrigation or pipeline company -- To bring its land within conservation or conservancy district.
          The state of Utah, or any department, board or agency thereof, and any county, city, or town, owning or having control of land or improvements thereon which is in need of a supply of water for such land or the improvements thereon, or in need of facilities for conveyance of such water, is authorized to subscribe for or purchase corporate stock of irrigation companies, pipeline companies, or associations and take the necessary steps to bring the land owned or controlled by any of them within any conservation or conservancy district formed or to be formed under the laws of the state of Utah to procure such supply of water to all intents and purposes as if an individual.

No Change Since 1953

73-1-21 State water policy.
(1)It is the policy of the state that:
(a)Utah shall pursue adequate, reliable, affordable, sustainable, and clean water resources, recognizing that Utah is one of the most arid states in the nation and as such, there is, and will continue to be, a need to ensure Utah’s finite water resources are used beneficially;
(b)Utah will promote:
(i)water conservation, efficiency, and the optimal use of water resources, while identifying intended and unintended consequences to ensure appropriate choice and implementation of particular strategies;
(ii)water resource development and the creation of new water infrastructure necessary to meet the state’s growing demand and promote economic development;
(iii)compliance with state statutes regarding Lake Powell pipeline development and Bear River development;
(iv)the timely replacement of aging or inefficient water resource, drinking water, wastewater, and storm water infrastructure;
(v)the optimal use of agricultural water to sustain and improve food production and the productive capacity of agricultural lands;
(vi)water quality in rivers, lakes, and groundwater that:
(A)complies with state clean water and safe drinking water statutes; and
(B)protects public health;
(vii)water pricing and funding mechanisms that:
(A)provide revenue stability while encouraging conservation, efficiency, and optimization efforts;
(B)adequately cover infrastructure needs; and
(C)balance social, economic, public interest, and environmental values;
(viii)respect for water rights;
(ix)standards for accurate water use measurement, telemetry, tracking, enforcement, and reporting;
(x)efforts to educate and engage the public in:
(A)individual actions that protect water quality, including preventing and mitigating water pollution; and
(B)conservation practices and the efficient and optimal use of water resources;
(xi)the implementation of cyber security and physical security measures for water infrastructure;
(xii)the study and consideration of mechanisms for increased flexibility in water use such as water banking, saved water, and split season uses;
(xiii)the monitoring, in consultation with watershed councils created under Chapter 10g, Part 3, Watershed Councils Act, of activities in watersheds that provide water to drinking water systems to protect the watersheds;
(xiv)continued improvements in the management of water resources through protection, restoration, and science-based evaluation of Utah watersheds, increased reservoir capacity, and aquifer recharge or aquifer storage and recovery;
(xv)the development and beneficial use of Utah’s allocated share of interstate rivers, including Utah’s allocations under the 1922 and 1948 Colorado River Compacts and the 1980 Amended Bear River Compact;
(xvi)the study and development of strategies and practices necessary to address declining water levels and protect the water quality and quantity of the Great Salt Lake, Utah Lake, and Bear Lake, taking into consideration natural climate change, natural weather systems and patterns, and normal cyclic water level change over time, while balancing economic, social, and environmental needs;
(xvii)regulations and practices, including voluntary practices, that maintain sufficient stream flows and lake levels to provide reasonable access to recreational activities and protect and restore water quality, quantity, and healthy ecosystems, including protecting groundwater and surface water sources from pollution;
(xviii)equitable access to safe, affordable, and reliable drinking water to protect public health;
(xix)regulations and practices that encourage effective treatment of wastewater to maximize its availability for beneficial use and minimize depletion and the further degradation of other waters;
(xx)the control of invasive species that threaten or degrade waters of the state;
(xxi)coordination among the state, water providers, water users, local governments, government agencies, and researchers in the study of ways weather and climate will impact future water supplies, demand, and quality;
(xxii)state water planning, including the formation of the state water plan as provided in Section 73-10-15;
(xxiii)water reuse with appropriate conditions for the region in which the water reuse occurs;
(xxiv)water laws, rules, and enforcement that are consistent with this Subsection (1) and encourage transparency, order, and certainty in the use of public water;
(xxv)the support and funding of research, science, and technology necessary to achieve the provisions of this Subsection (1); and
(xxvi)the collaboration, cooperation, and engagement of stakeholders in the identification and advancement of actions that support the provisions of this Subsection (1); and
(c)Utah supports the timely and appropriate negotiated settlement of federally reserved water right claims for both Native American trust lands and other existing federal reservations, and opposes any future designation of public lands that does not quantify any associated federally reserved water rights.
(2)State agencies are encouraged to conduct agency activities consistent with Subsection (1) and implement policies established by the Legislature that promote the near- and long-term stewardship of water quality and water resources.
(3)This section does not create a cause of action against the state’s or a state agency’s action that is inconsistent with Subsection (1) and does not waive governmental immunity under Title 63G, Chapter 7, Governmental Immunity Act of Utah.
(4)The Natural Resources, Agriculture, and Environment Interim Committee shall review the state water policy annually and recommend priority balancing and any other changes to the Legislature.

Amended by Chapter 16, 2025 General Session

Chapter 2
State Engineer - Division of Water Rights

73-2-1 State engineer -- Term -- Powers and duties -- Qualification for duties.
(1)There shall be a state engineer.
(2)The state engineer shall:
(a)be appointed by the governor with the advice and consent of the Senate;
(b)hold office for the term of four years and until a successor is appointed; and
(c)have five years experience as a practical engineer or the theoretical knowledge, practical experience, and skill necessary for the position.
(3)
(a)The state engineer shall be responsible for the general administrative supervision of the waters of the state and the measurement, appropriation, apportionment, and distribution of those waters.
(b)The state engineer may secure the equitable apportionment and distribution of the water according to the respective rights of appropriators.
(4)The state engineer shall make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, consistent with the purposes and provisions of this title, regarding:
(a)reports of water right conveyances;
(b)the construction of water wells and the licensing of water well drillers;
(c)dam construction and safety;
(d)the alteration of natural streams;
(e)geothermal resource conservation;
(f)enforcement orders and the imposition of fines and penalties;
(g)the duty of water; and
(h)standards for written plans of a public water supplier that may be presented as evidence of reasonable future water requirements under Subsection 73-1-4(2)(f).
(5)The state engineer may make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, consistent with the purposes and provisions of this title, governing:
(a)water distribution systems and water commissioners;
(b)water measurement, telemetry, and reporting;
(c)groundwater recharge and recovery;
(d)wastewater reuse;
(e)the form, content, and processing procedure for a claim under Section 73-5-13 to surface or underground water that is not represented by a certificate of appropriation;
(f)the form and content of a proof submitted to the state engineer under Section 73-3-16;
(g)the determination of water rights;
(h)the form and content of applications and related documents, maps, and reports;
(i)the administration of saved water, as defined in Section 73-3-3, including:
(i)quantifying saved water;
(ii)reporting related to saved water;
(iii)verifying saved water;
(iv)segregating saved water; and
(v)the subsequent placement to beneficial use of saved water; or
(j)water distribution accounting.
(6)The state engineer may bring suit in courts of competent jurisdiction to:
(a)enjoin the unlawful appropriation, diversion, and use of surface and underground water without first seeking redress through the administrative process;
(b)prevent theft, waste, loss, or pollution of surface and underground waters;
(c)enable the state engineer to carry out the duties of the state engineer’s office; and
(d)enforce administrative orders and collect fines and penalties.
(7)The state engineer may:
(a)upon request from the board of trustees of an irrigation district under Title 17B, Chapter 2a, Part 5, Irrigation District Act, or another special district under Title 17B, Limited Purpose Local Government Entities - Special Districts, or a special service district under Title 17D, Chapter 1, Special Service District Act, that operates an irrigation water system, cause a water survey to be made of the lands proposed to be annexed to the district in order to determine and allot the maximum amount of water that could be beneficially used on the land, with a separate survey and allotment being made for each 40-acre or smaller tract in separate ownership; and
(b)upon completion of the survey and allotment under Subsection (7)(a), file with the district board a return of the survey and report of the allotment.
(8)
(a)The state engineer may establish water distribution systems and define the water distribution systems’ boundaries.
(b)The water distribution systems shall be formed in a manner that:
(i)secures the best protection to the water claimants; and
(ii)is the most economical for the state to supervise.
(9)The state engineer may conduct studies of current and novel uses of water in the state.
(10)Notwithstanding Subsection (4)(b), the state engineer may not on the basis of the depth of a water production well exempt the water production well from regulation under this title or rules made under this title related to the:
(a)drilling, constructing, deepening, repairing, renovating, cleaning, developing, testing, disinfecting, or abandonment of a water production well; or
(b)installation or repair of a pump for a water production well.

Amended by Chapter 37, 2024 General Session
Amended by Chapter 233, 2024 General Session
Amended by Chapter 381, 2024 General Session

73-2-1.1 Division of Water Rights -- Creation -- Power and authority.
          There is created the Division of Water Rights, which shall be within the Department of Natural Resources under the administration and general supervision of the executive director of natural resources. The Division of Water Rights shall be the water rights authority of the state of Utah and is vested with such powers and required to perform such duties as are set forth in law.

Amended by Chapter 198, 1969 General Session

73-2-1.2 Director of Division of Water Rights -- Appointment of state engineer.
          The Division of Water Rights shall be administered by the state engineer who shall act as the director of the Division of Water Rights and who shall be appointed as provided by Section 73-2-1. Nothing contained in this act shall modify, repeal or impair the powers or duties of the state engineer relating to the administration, appropriation, adjudication and distribution of the waters of the state of Utah as are conferred upon the state engineer pursuant to Title 73, Water and Irrigation, or the provisions of any other laws.

Amended by Chapter 365, 2024 General Session

73-2-1.3 Report to executive director of natural resources.
          The state engineer shall report to the executive director of natural resources at such times and on such administrative matters concerning the state engineer’s office as the executive director may require.

Amended by Chapter 365, 2024 General Session

73-2-1.5 Procedures -- Adjudicative proceedings.
          Except as provided in Sections 63G-4-102 and 73-2-25, the state engineer and the Division of Water Rights shall comply with the procedures and requirements of Title 63G, Chapter 4, Administrative Procedures Act, in their adjudicative proceedings.

Amended by Chapter 382, 2008 General Session

Superseded 7/1/2026
73-2-1.6 Water Rights Restricted Account.
(1)As used in this section:
(a)”Account” means the Water Rights Restricted Account created by this section.
(b)”Division” means the Division of Water Rights.
(2)There is created in the General Fund a restricted account known as the “Water Rights Restricted Account.”
(3)The account shall consist of the money deposited into the account under Subsection 59-12-103(5)(e).
(4)Upon appropriation, the division may use money in the account for:
(a) costs incurred by the division that benefit water rights adjudications, including:
(i)employing technical staff;
(ii)acquiring equipment;
(iii)conducting studies;
(iv)installing, operating, and maintaining measurement infrastructure; and
(v)sharing the costs of installed United States Geological Survey stream gauges;
(b)not to exceed 5% of the money deposited into the account under Subsection 59-12-103(5)(e) in the fiscal year preceding the fiscal year of appropriation, costs incurred by the division to acquire, manage, and analyze surface and groundwater data, not limited to geographic areas of adjudication; and
(c)costs incurred by the division to obtain legal support, not limited to geographic areas of adjudication.
(5)
(a)The account may not exceed $8,000,000 at the end of a fiscal year.
(b)If the account exceeds $8,000,000 at the end of a fiscal year, the Division of Finance shall deposit into the Water Resources Conservation and Development Fund, created in Section 73-10-24, the money in excess of the amount necessary to maintain the account balance at $8,000,000.

Amended by Chapter 81, 2025 General Session
Amended by Chapter 277, 2025 General Session

Effective 7/1/2026
73-2-1.6 Water Rights Restricted Account.
(1)As used in this section:
(a)”Account” means the Water Rights Restricted Account created by this section.
(b)”Division” means the Division of Water Rights.
(2)There is created in the General Fund a restricted account known as the “Water Rights Restricted Account.”
(3)The account shall consist of the money deposited into the account under Subsection 59-12-103(4)(b).
(4)Upon appropriation, the division may use money in the account for:
(a) costs incurred by the division that benefit water rights adjudications, including:
(i)employing technical staff;
(ii)acquiring equipment;
(iii)conducting studies;
(iv)installing, operating, and maintaining measurement infrastructure; and
(v)sharing the costs of installed United States Geological Survey stream gauges;
(b)not to exceed 5% of the money deposited into the account under Subsection 59-12-103(4)(b) in the fiscal year preceding the fiscal year of appropriation, costs incurred by the division to acquire, manage, and analyze surface and groundwater data, not limited to geographic areas of adjudication; and
(c)costs incurred by the division to obtain legal support, not limited to geographic areas of adjudication.
(5)
(a)The account may not exceed $8,000,000 at the end of a fiscal year.
(b)If the account exceeds $8,000,000 at the end of a fiscal year, the Division of Finance shall deposit into the Water Resources Conservation and Development Fund, created in Section 73-10-24, the money in excess of the amount necessary to maintain the account balance at $8,000,000.

Amended by Chapter 285, 2025 General Session

73-2-1.7 Water for power study.
(1) As used in this section:
(a) “Coal gasification” means the process of using a gasifier to convert coal into synthesis gas which can then be converted to hydrogen.
(b) “Electrolysis” means the process of using electricity to split water into hydrogen and oxygen.
(c) “Steam methane reforming” means the process of chemical synthesis to use a catalyst to produce hydrogen from methane derived from natural gas.
(d) “Water cycle” means the biogeochemical cycle that describes the continuous movement of water on, above, and below the surface of the earth.
(2) The state engineer shall commission a study to determine the quantitative impacts to the state’s water cycle from:
(a) electrolysis;
(b) the generation of electricity by burning as fuel hydrogen resulting from electrolysis; and
(c) the generation of electricity by burning as fuel a blend of natural gas and hydrogen.
(3) The study shall compare the quantitative impacts to the water cycle to generating electricity by:
(a) burning coal;
(b) burning natural gas;
(c) solar energy;
(d) wind energy;
(e) burning a combination of hydrogen and natural gas; and
(f) burning hydrogen produced from:
(i) electrolysis;
(ii) coal gasification; and
(iii) steam methane reforming.
(4) The impacts quantified in Subsections (3)(e) and (f) shall include the quantitative impacts to the water cycle of:
(a) burning the hydrogen; and
(b) producing the hydrogen from fuel through:
(i) electrolysis;
(ii) coal gasification; and
(iii) steam methane reforming.
(5) The study described in Subsection (3) shall describe factors that influence the findings described in Subsection (3), including efficiency of the power.
(6) The state engineer shall report the findings of the study described in Subsection (3) to the Public Utilities, Energy, and Technology Interim Committee and to the Legislative Water Development Commission on or before November 1, 2022.

Enacted by Chapter 75, 2022 General Session

73-2-2 Oath.
(1) Before entering upon the duties of the office, the state engineer shall take and subscribe the constitutional oath of office.
(2) The state engineer shall file the oath with the Division of Archives.

Amended by Chapter 298, 2010 General Session

73-2-4 Deputies and assistants -- Employment and salaries -- Purchase of equipment and supplies.
          For the purpose of performing the duties of the state engineer’s office the state engineer may:
(1) employ one or more deputies and necessary assistants;
(2) fix division employees’ salaries in accordance with salary standards under Title 63A, Chapter 17, Utah State Personnel Management Act; and
(3) purchase necessary equipment and supplies.

Amended by Chapter 70, 2022 General Session

73-2-5 Aid to district court.
          In aid of the district court the state engineer shall have power to collect facts and make surveys and do all other necessary things, the cost of which shall be paid by the state upon presentation to the director of the Division of Finance of monthly statements and certification by the state engineer.

Amended by Chapter 320, 1983 General Session

73-2-7 Aid to federal court.
          The state engineer, when requested by the district court of the United States for the district of Utah, may assist said court in any matter relating to the distribution and use of any of the waters of the state, and may when so requested cooperate with any water commissioner appointed by said court in any such matter.

No Change Since 1953

73-2-10 Knowledge of waterways and irrigation -- Suggestions as to amendment or enactment of laws.
          The state engineer shall become conversant with the waterways of the state and its needs as to irrigation matters; and the state engineer shall make such suggestions as to the amendment of existing laws or the enactment of new laws as the state engineer’s information and experience shall suggest.

Amended by Chapter 302, 2025 General Session

73-2-11 Records -- Certified copies -- Evidence.
          The state engineer shall keep on file in the state engineer’s office full and proper records of the state engineer’s work, including all field notes, computations and facts made or collected by the state engineer, all of which shall be part of the records of the state engineer’s office and the property of the state. All records, maps and papers recorded or filed in the office of the state engineer shall be open to the public during business hours. The office of the state engineer is hereby declared to be an office of public record, and none of the files, records or documents shall be removed therefrom, except in the custody of the state engineer or one of the state engineer’s deputies. Certified copies of any record or document shall be furnished by the state engineer on demand, upon payment of the reasonable cost of making the same, together with the legal fee for certification. Such copies shall be competent evidence, and shall have the same force and effect as the originals.

Amended by Chapter 365, 2024 General Session

73-2-12 Seal.
          The state engineer shall have a seal which the state engineer shall affix to all certificates issued from the state engineer’s office, and the state engineer shall file a description and an impression of the same with the Division of Archives.

Amended by Chapter 302, 2025 General Session

73-2-13 Attorney general and county attorneys to counsel.
          In all matters requiring legal advice in the performance of the state engineer’s duties and the prosecution or defense of any action growing out of the performance of the state engineer’s duties, the attorney general or county attorney of the county in which any legal question arises, shall be the legal advisers of the state engineer, and are hereby required to perform any and all legal services required by the state engineer without other compensation than their salaries.

Amended by Chapter 302, 2025 General Session

73-2-14 Fees of state engineer -- Deposited as a dedicated credit.
(1)The state engineer shall charge fees pursuant to Section 63J-1-504 for the following:
(a)applications to appropriate water;
(b)applications to temporarily appropriate water;
(c)applications for a change;
(d)applications for exchange;
(e)applications for nonuse of water;
(f)applications to appropriate water, or make a change, for use outside the state filed pursuant to Title 73, Chapter 3a, Water Exports;
(g)groundwater recovery permits;
(h)diligence claims for surface or underground water filed pursuant to Section 73-5-13;
(i)republication of notice to water users after amendment of application where required by this title;
(j)applications to segregate;
(k)requests for an extension of time in which to submit proof of appropriation not to exceed 14 years after the date of approval of the application;
(l)requests for an extension of time in which to submit proof of appropriation 14 years or more after the date of approval of the application;
(m)groundwater recharge permits;
(n)applications for a well driller’s license, annual renewal of a well driller’s license, and late annual renewal of a well driller’s license;
(o)certification of copies;
(p)preparing copies of documents; and
(q)reports of water right conveyance.
(2)Fees for the services specified in Subsections (1)(a) through (i) shall be based upon the rate of flow or volume of water.  If it is proposed to appropriate by both direct flow and storage, the fee shall be based upon either the rate of flow or annual volume of water stored, whichever fee is greater.
(3)Fees collected under this section:
(a)shall be deposited into the General Fund as a dedicated credit to be used by the Division of Water Rights; and
(b)may only be used by the Division of Water Rights to:
(i)meet the publication of notice requirements under this title;
(ii)process reports of water right conveyance; and
(iii)hire an employee to assist with processing an application.

Amended by Chapter 73, 2025 General Session

73-2-15 Agreements with federal and state agencies -- Investigations, surveys or adjudications.
          The state engineer, for and on behalf of the state of Utah, with the approval of the executive director of natural resources and the governor, is authorized to enter into agreements with any federal or state agency, subdivision or institution for cooperation in making snow surveys and investigations of both underground and surface water resources of the state. The state engineer is further authorized to cooperate with such agencies, subdivisions and institutions, with the approval of the executive director and the governor, for the investigation of flood and erosion control and for the adjudication of water rights. The expenses of such investigations, surveys and adjudications shall be divided between the cooperating parties upon an equitable basis.

Amended by Chapter 198, 1969 General Session

73-2-16 Arbitration -- Confirmation by district court.
          The state engineer is authorized to conduct informal proceedings for the arbitration or settlement of disputes over water or the distribution thereof; provided all persons having an interest in the water in controversy shall in writing agree to any settlement effected thereby, and provided further that settlements shall be confirmed by decree of a court of competent jurisdiction.

No Change Since 1953

73-2-17 Authorization of cooperative investigations of groundwater resources.
          The state engineer, for and on behalf of the state of Utah, with the approval of the executive director and the governor, is authorized and directed to enter into an agreement with the United States geological survey or any other federal or state agency, for cooperation in making investigations of the groundwater resources of the state and reporting thereon.

Amended by Chapter 198, 1969 General Session

73-2-20 Employees authorized to enter and cross lands -- Injuring monuments a crime.
(1) In order to carry out the purposes of this title any person properly employed hereunder is authorized to enter and cross all lands within the state if no damage is done to private property.
(2) It is a crime punishable under Section 73-2-27 for any person to knowingly or intentionally remove or injure any equipment, permanent marks, or monuments made or installed by any person properly employed under this title.

Amended by Chapter 215, 2005 General Session

73-2-22 Emergency flood powers -- Action to enforce orders -- Access rights to private and public property -- Injunctive relief against state engineer’s decisions -- Judicial review provisions not applicable.
(1) Whenever the state engineer, with approval of the chair of the Emergency Management Administration Council created in Section 53-2a-105, makes a written finding that any reservoir or stream has reached or will reach during the current water year a level far enough above average and in excess of capacity that public safety is or is likely to be endangered or that substantial property damage is occurring or is likely to occur, the state engineer shall have emergency powers until the danger to the public and property is abated.
(2) Emergency powers shall consist of the authority to control stream flow and reservoir storage or release.
(3) The state engineer must protect existing water rights to the maximum extent possible when exercising emergency powers.
(4) Any action taken by the state engineer under this section shall be by written order.
(5) If any person refuses or neglects to comply with any order of the state engineer issued pursuant to his emergency powers, the state engineer may bring action in the name of the state in the district court to enforce them.
(6) In carrying out the state engineer’s emergency powers, the state engineer shall have rights of access to private and public property.
(7) Any person affected by a decision of the state engineer made under the state engineer’s emergency powers shall have the right to seek injunctive relief, including temporary restraining orders and temporary injunctions in any district court of the county where that person resides.
(8) No order of the state engineer shall be enjoined or set aside unless shown by clear and convincing evidence that an emergency does not in fact exist or that the order of the state engineer is arbitrary or capricious.
(9) The provisions of Sections 73-3-14 and 73-3-15 shall not be applicable to any order of the state engineer issued pursuant to this section.

Amended by Chapter 348, 2016 General Session

73-2-23 Emergency powers of state engineer -- Multi-county flood mitigation activities -- Termination of assistance.
(1) In addition to the emergency powers under Section 73-2-22, the state engineer shall assist counties in emergency flood mitigation on intercounty waterways when all the following conditions exist:
(a) two or more counties are involved;
(b) the flood mitigation activity has or may have adverse effect on the county;
(c) the county executive of that adversely impacted county requests the state engineer’s involvement;
(d) the requesting county is providing an ongoing flood control program with jurisdiction-wide funding equivalent to .0004 per dollar of taxable value of taxable property; and
(e) the requesting county has established a flood control program through zoning.
(2) Multi-county flood mitigation activities by the state engineer shall include:
(a) assisting the counties in emergency flood mitigation planning;
(b) furnishing engineering or other technical services;
(c) making recommendations in emergency situations, and, if requested, participating in making emergency flood control decisions; and
(d) in the event a decision is not reached, the final decision-making authority.
(3) The assistance or involvement will cease when in the state engineer’s judgment the flood conditions or potential for flooding subsides or when the county governing bodies of all affected counties request that the jurisdiction cease.

Amended by Chapter 227, 1993 General Session

73-2-23.1 Assistance of state engineer in management of flood waters.
          In addition to the state engineer’s other flood management authority under Sections 73-2-22 and 73-2-23, the state engineer may assist in the management of flood waters pursuant to court judgments and decrees.

Amended by Chapter 302, 2025 General Session

73-2-25 State engineer enforcement powers.
(1) For purposes of this section, “initial order” means one of the following issued by the state engineer:
(a) a notice of violation; or
(b) a cease and desist order.
(2)
(a) Except as provided in Subsection (2)(b), the state engineer may commence an enforcement action under this section if the state engineer finds that a person:
(i) is diverting, impounding, or using water for which no water right has been established;
(ii) is diverting, impounding, or using water in violation of an existing water right;
(iii) violates Section 73-5-4;
(iv) violates Section 73-5-9;
(v) violates a written distribution order from the state engineer;
(vi) violates Section 73-3-29;
(vii) violates a notice or order regarding dam safety issued under Chapter 5a, Dam Safety;
(viii) fails to submit a report required by Section 73-3-25; or
(ix) engages in well drilling without a license required by Section 73-3-25.
(b) The state engineer may not commence an enforcement action against a person under Subsection (2)(a)(i), if the person directly captures, or stores, precipitation on the surface of, or under, a parcel owned or leased by the person, including in a catch basin, storm drain pipe, swell, or pond, if the collection or storage:
(i) is consistent with local laws and ordinances;
(ii) does not interfere with an existing water right; and
(iii) is designed to slow, detain, or retain storm water or protect watersheds from pollution with the intention that the precipitation:
(A) absorbs into the ground or is released for discharge; and
(B) is not put to beneficial use.
(c) To commence an enforcement action under this section, the state engineer shall issue an initial order, which shall include:
(i) a description of the violation;
(ii) notice of any penalties to which a person may be subject under Section 73-2-26; and
(iii) notice that the state engineer may treat each day’s violation of the provisions listed in Subsection (2)(a) as a separate violation under Subsection 73-2-26(1)(d).
(d) The state engineer’s issuance and enforcement of an initial order is exempt from Title 63G, Chapter 4, Administrative Procedures Act.
(3) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the state engineer shall make rules necessary to enforce an initial order, which shall include:
(a) provisions consistent with this section and Section 73-2-26 for enforcement of the initial order if a person to whom an initial order is issued fails to respond to the order or abate the violation;
(b) the right to a hearing, upon request by a person against whom an initial order is issued; and
(c) provisions for timely issuance of a final order after:
(i) the person to whom the initial order is issued fails to respond to the order or abate the violation; or
(ii) a hearing held under Subsection (3)(b).
(4) A person may not intervene in an enforcement action commenced under this section.
(5) After issuance of a final order under rules made pursuant to Subsection (3)(c), the state engineer shall serve a copy of the final order on the person against whom the order is issued by:
(a) personal service under Utah Rules of Civil Procedure 5; or
(b) certified mail.
(6)
(a) The state engineer’s final order may be reviewed by trial de novo by the district court in:
(i) Salt Lake County; or
(ii) the county where the violation occurred.
(b) A person shall file a petition for judicial review of the state engineer’s final order issued under this section within 20 days from the day on which the final order was served on that person.
(7) The state engineer may bring suit in a court of competent jurisdiction to enforce a final order issued under this section.
(8) If the state engineer prevails in an action brought under Subsection (6)(b) or (7), the state may recover all court costs and a reasonable attorney fee.

Amended by Chapter 369, 2014 General Session

73-2-26 Administrative penalties.
(1)
(a) As part of a final order issued under Section 73-2-25, the state engineer may order that a person to whom an order is issued:
(i) pay an administrative fine not to exceed:
(A) $5,000 for each knowing violation; or
(B) $1,000 for each violation that is not knowing;
(ii) replace up to 200% of water taken; and
(iii) be liable for any expense incurred by the state engineer or division in investigating and stopping the violation.
(b) The definition of “knowingly” under Subsection 76-2-103(2) shall apply to determinations under Subsection (1)(a)(i).
(c) The penalties described in Subsection (1)(a) shall be in addition to:
(i) any criminal penalty established for a violation described in Subsection (1); and
(ii) any private right of action.
(d)
(i) Each day of a continuing violation of the provisions described in Subsection 73-2-25(2)(a) or an initial or final order issued under Section 73-2-25 is a separate violation.
(ii) A penalty may not be imposed for a violation of the provisions listed in Subsection 73-2-25(2)(a) or an initial or a final order issued under Section 73-2-25 for a violation occurring more than 12 months before the day on which a notice of violation is issued.
(e) Separate violations under Subsection (1)(d) may be consolidated for resolution in one enforcement proceeding under Section 73-2-25.
(f) The state engineer has discretion to pursue an administrative fine, order requiring replacement, or both.
(2) Before imposing a fine or ordering replacement under Subsection (1), the state engineer shall consider:
(a) the value or quantity of water unlawfully taken, including the cost or difficulty of replacing the water;
(b) the gravity of the violation, including the economic injury or impact to others;
(c) whether the person subject to fine or replacement attempted to comply with the state engineer’s orders; and
(d) the violator’s economic benefit from the violation.
(3)
(a) The state engineer may require that the water unlawfully taken be replaced after:
(i) a person fails to request judicial review of a final order issued under Section 73-2-25; or
(ii) the completion of judicial review, including any appeals.
(b) The state engineer’s order shall require that replacement of water begin within one year of the day on which:
(i) the time period for requesting judicial review of a final order issued under Section 73-2-25 expires without a person requesting judicial review of the final order; or
(ii) the completion of judicial review, including any appeals.
(4) Water replaced under Subsection (3) shall be taken from water that the person subject to the order requiring replacement would be entitled to use during the replacement period.
(5)
(a) If the state engineer issues an order requiring replacement, a copy of the order shall be placed in the Division of Water Rights’ water rights records.
(b) The order requiring replacement shall constitute a lien upon the water right affected if the state engineer files a notice of lien in the office of the county recorder in the county where the place of use of the water right is located.
(c) A notice of lien under Subsection (5)(b) shall include a legal description of the place of use of the water right.
(6) Any money collected under this section shall be deposited into the General Fund.

Enacted by Chapter 33, 2005 General Session

73-2-27 Criminal penalties.
(1)This section applies to offenses committed under:
(a)Section 73-1-14;
(b)Section 73-1-15;
(c)Section 73-2-20;
(d)Section 73-3-3;
(e)Section 73-3-26;
(f)Section 73-3-29;
(g)Section 73-5-9;
(h)Section 76-9-1202;
(i)Section 76-9-1203; and
(j)Section 76-9-1204.
(2)Under circumstances not amounting to an offense with a greater penalty under Subsection 76-6-106(2)(a)(ii), Section 76-6-106.3, or Section 76-6-404, violation of a provision listed in Subsection (1) is punishable:
(a)as a felony of the third degree if:
(i)the value of the water diverted or property damaged or taken is $2,500 or greater; and
(ii)the person violating the provision has previously been convicted of violating the same provision;
(b)as a class A misdemeanor if:
(i)the value of the water diverted or property damaged or taken is $2,500 or greater; or
(ii)the person violating the provision has previously been convicted of violating the same provision; or
(c)as a class B misdemeanor if Subsection (2)(a) or (b) does not apply.

Amended by Chapter 173, 2025 General Session

73-2-28 Costs and fees in civil actions.
          The prevailing party in a civil action is entitled to collect reasonable costs and attorney fees, if that action is brought:
(1) under Section 73-1-14;
(2) under Section 73-1-15;
(3) for injuries caused by a diversion of water for which no water right has been established;
(4) for injuries caused by a diversion of water in violation of an existing water right; or
(5) for injuries caused by a violation of a written distribution order from the state engineer.

Enacted by Chapter 33, 2005 General Session

73-2-29 Agreement with another state -- Regulation, distribution, and administration of interstate water.
(1) The state engineer, after receiving approval from the executive director of the Department of Natural Resources and the governor, may enter into an agreement with another state to regulate, distribute, and administer the water from an interstate surface water source that is not otherwise subject to an interstate compact.
(2) The state engineer may coordinate with another state to implement:
(a) the terms of an agreement entered into according to Subsection (1); and
(b) an interstate compact that regulates, distributes, or administers an interstate surface water source.

Enacted by Chapter 67, 2008 General Session

73-2-30 Per capita consumptive use.
          The Division of Water Rights shall comply with Section 73-5-8.5.

Enacted by Chapter 248, 2023 General Session

Chapter 3
Appropriation

73-3-1 Appropriation -- Manner of acquiring water rights.
(1) A person may acquire a right to the use of the unappropriated public waters in this state only as provided for in this title.
(2) The appropriation of public waters in the state shall comply with the requirements of this title.
(3) Except as provided in Subsection (7), a person obtaining, initiating the use of, or providing notice of intent to appropriate a water right shall comply with the requirements of this chapter.
(4) An appropriation may be made only for a useful and beneficial purpose.
(5)
(a) Between appropriators, the one first in time is first in rights.
(b) A use designated by an application to appropriate any of the unappropriated waters of the state that would materially interfere with a more beneficial use of the water shall be dealt with as provided in Section 73-3-8.
(6) A person may not acquire a right to the use of water either appropriated or unappropriated by adverse use or adverse possession.
(7) Notwithstanding Section 73-3-2, a person may directly capture and store precipitation as provided in Section 73-3-1.5.

Amended by Chapter 19, 2010 General Session

73-3-1.5 Capture and storage of precipitation.
(1) As used in this section, “parcel” means an identifiable contiguous unit of property that is treated as separate for valuation or zoning purposes and includes an improvement on that unit of property.
(2) Notwithstanding Section 73-3-2, a person may:
(a) directly capture and store precipitation on a parcel owned or leased by the person in accordance with Subsection (3) or (4); and
(b) place the water captured and stored as provided in Subsection (2)(a) to beneficial use on the parcel on which the water is captured and stored.
(3) After registering for the capture and storage of precipitation in accordance with Subsection (5), a person may collect and store precipitation in a container installed in accordance with the State Construction Code or an approved code under Title 15A, State Construction and Fire Codes Act, if:
(a) for a person who uses only one container on a parcel, the total capacity of the container is no more than 2,500 gallons; or
(b) for a person who uses more than one container on a parcel, the aggregate capacity of the containers is no more than 2,500 gallons.
(4) A person may collect and store precipitation, without registering under Subsection (5), in no more than two covered storage containers if neither covered storage container has a maximum storage capacity of greater than 100 gallons.
(5)
(a) The state engineer shall provide a website on which a person may register as required by Subsection (3).
(b) To register, a person shall complete information required by the state engineer including the:
(i) name and address of the person capturing or storing precipitation;
(ii) total capacity of all containers storing precipitation; and
(iii) street address or other suitable description of the location where precipitation is to be captured and stored.
(6) Beneficial use of water under Subsection (2)(b) does not constitute a water right and may not be:
(a) changed under Section 73-3-3;
(b) assigned; or
(c) consolidated with a water right.
(7) A person who beneficially uses water under Subsection (2)(b) shall comply with:
(a) state law; and
(b) local health and safety rules and regulations.

Amended by Chapter 260, 2013 General Session

73-3-2 Application for right to use unappropriated public water -- Necessity -- Form -- Contents -- Validation of prior applications by state or United States or officer or agency thereof.
(1)
(a) In order to acquire the right to use any unappropriated public water in this state, any person who is a citizen of the United States, or who has filed his declaration of intention to become a citizen as required by the naturalization laws, or any association of citizens or declarants, or any corporation, or the state of Utah by the directors of the divisions of travel development, business and economic development, wildlife resources, and state lands and forestry, or the executive director of the Department of Transportation for the use and benefit of the public, or the United States of America shall make an application in a form prescribed by the state engineer before commencing the construction, enlargement, extension, or structural alteration of any ditch, canal, well, tunnel, or other distributing works, or performing similar work tending to acquire such rights or appropriation, or enlargement of an existing right or appropriation.
(b) The application shall be upon a form to be furnished by the state engineer and shall set forth:
(i) the name and post office address of the person, corporation, or association making the application;
(ii) the nature of the proposed use for which the appropriation is intended;
(iii) the quantity of water in acre-feet or the flow of water in second-feet to be appropriated;
(iv) the time during which it is to be used each year;
(v) the name of the stream or other source from which the water is to be diverted;
(vi) the place on the stream or source where the water is to be diverted and the nature of the diverting works;
(vii) the dimensions, grade, shape, and nature of the proposed diverting channel; and
(viii) other facts that clearly define the full purpose of the proposed appropriation.
(2)
(a) In addition to the information required in Subsection (1)(b), if the proposed use is for irrigation, the application shall show:
(i) the legal subdivisions of the land proposed to be irrigated, with the total acreage thereof; and
(ii) the character of the soil.
(b) In addition to the information required in Subsection (1)(b), if the proposed use is for developing power, the application shall show:
(i) the number, size, and kind of water wheels to be employed and the head under which each wheel is to be operated;
(ii) the amount of power to be produced;
(iii) the purposes for which and the places where it is to be used; and
(iv) the point where the water is to be returned to the natural stream or source.
(c) In addition to the information required in Subsection (1)(b), if the proposed use is for milling or mining, the application shall show:
(i) the name of the mill and its location or the name of the mine and the mining district in which it is situated;
(ii) its nature; and
(iii) the place where the water is to be returned to the natural stream or source.
(d)
(i) The point of diversion and point of return of the water shall be designated with reference to the United States land survey corners, mineral monuments or permanent federal triangulation or traverse monuments, when either the point of diversion or the point of return is situated within six miles of the corners and monuments.
(ii) If the point of diversion or point of return is located in unsurveyed territory, the point may be designated with reference to a permanent, prominent natural object.
(iii) The storage of water by means of a reservoir shall be regarded as a diversion, and the point of diversion in those cases is the point where the longitudinal axis of the dam crosses the center of the stream bed.
(iv) The point where released storage water is taken from the stream shall be designated as the point of rediversion.
(v) The lands to be inundated by any reservoir shall be described as nearly as may be, and by government subdivision if upon surveyed land.  The height of the dam, the capacity of the reservoir, and the area of the surface when the reservoir is filled shall be given.
(vi) If the water is to be stored in an underground area or basin, the applicant shall designate, with reference to the nearest United States land survey corner if situated within six miles of it, the point of area of intake, the location of the underground area or basin, and the points of collection.
(e) Applications for the appropriation of water filed prior to the enactment of this title, by the United States of America, or any officer or agency of it, or the state of Utah, or any officer or agency of it, are validated, subject to any action  by the state engineer.

Amended by Chapter 136, 2001 General Session

73-3-3 Changes to a water right.
(1)As used in this section:
(a)”Agricultural water optimization project” means a project that:
(i)accomplishes agricultural water optimization as defined in Section 73-10g-203.5; and
(ii)generates saved water.
(b)”Change” means a change to the:
(i)point of diversion;
(ii)place of use;
(iii)period of use;
(iv)nature of use; or
(v)storage of water.
(c)”Fixed time change” means a change for a fixed period of time exceeding one year and not exceeding 10 years, including a fixed time change described in Section 73-3-30.
(d)”Net decrease in depletion” means a net decrease in water consumed that is accomplished by implementing an agricultural water optimization project under a perfected water right.
(e)”Net reduction in diversion” means a net decrease in water diverted under a perfected water right that is accomplished by implementing an agricultural water optimization project.
(f)”Permanent change” means a change, for an indefinite period of time, including a permanent change described in Section 73-3-30.
(g)”Person entitled to the use of water” means:
(i)the holder of an approved but unperfected application to appropriate water;
(ii)the record owner of a perfected water right;
(iii)a person who has written authorization from a person described in Subsection (1)(g)(i) or (ii) to file a change application on that person’s behalf; or
(iv)a shareholder in a water company who is authorized to file a change application in accordance with Section 73-3-3.5.
(h)
(i)”Quantity impairment” means any reduction in the amount of water a person is able to receive in order to satisfy an existing right to the use of water that would result from an action proposed in a change application, including:
(A)diminishing the quantity of water in the source of supply for the existing right;
(B)a change in the timing of availability of water from the source of supply for the existing right; or
(C)enlarging the quantity of water depleted by the nature of the proposed use when compared with the nature of the currently approved use.
(ii)”Quantity impairment” does not mean a decrease in the static level of water in an underground basin or aquifer that would result from an action proposed to be taken in a change application, if the volume of water necessary to satisfy an existing right otherwise remains reasonably available.
(i)”Saved water” means:
(i)the net decrease in depletion or net reduction in diversion resulting from an agricultural water optimization project as quantified by the state engineer in a final order approving a change application filed under this section:
(A)on a perfected water right;
(B)issued before the commencement of physical construction of the agricultural water optimization project; and
(C)describing the agricultural water optimization project and, as applicable, the net decrease in depletion and net reduction in diversion; or
(ii)as applicable, the net decrease in depletion and net reduction in diversion recognized in a certificate issued by the state engineer according to Section 73-3-17 after an applicant has filed proof of appropriation on an approved change application described in Subsection (3)(d).
(j)”Split season change” means a change when the holder of a perfected right grants to a water user the right to make sequential use of a portion of the water right.
(k)”Temporary change” means a change for a period of time, not exceeding one year, including a temporary change described in Section 73-3-30.
(2)
(a)A person who proposes to file a change application may request consultation with the state engineer, or the state engineer’s designee, before filing the application to review the requirements of the change application process, discuss potential issues related to the change, and provide the applicant with information.
(b)Statements made and information presented in the consultation are not binding on the applicant or the state engineer.
(c)The consultation described in Subsection (2)(a) may occur in the state engineer’s regional office for the region where the proposed change would occur.
(3)
(a)A person entitled to the use of water may make a change to an existing right to use water, including a right involved in a general determination of rights or other suit, if:
(i)the person makes the change in accordance with this section;
(ii)except as provided by Section 73-3-30, the change does not impair an existing right without just compensation or adequate mitigation; and
(iii)the state engineer approves the change application, consistent with Section 73-3-8.
(b)A change application on a federal reclamation project water right shall be signed by:
(i)the local water users organization that is contractually responsible for:
(A)the operation and maintenance of the project; or
(B)the repayment of project costs; and
(ii)the record owner of the water right.
(c)A change application on a United States Indian Irrigation Service water right that is serving the needs of a township or municipality shall be signed by:
(i)the local public water supplier that is responsible for the operation and maintenance of the public water supply system; and
(ii)the record owner of the water right.
(d)A person entitled to the use of water may file a change application on a perfected water right to request the state engineer to:
(i)quantify saved water; or
(ii)subject to Section 73-3-8, allow beneficial use of saved water separate from the underlying water right that serves as the basis of the saved water.
(4)
(a)Before making a change, a person entitled to the use of water shall submit a change application upon forms furnished by the state engineer.
(b)The application described in Subsection (4)(a) shall include:
(i)the applicant’s name;
(ii)the water right description, including the water right number;
(iii)the water quantity;
(iv)the stream or water source;
(v)if applicable, the point on the stream or water source where the water is diverted;
(vi)if applicable, the point to which it is proposed to change the diversion of the water;
(vii)the place, nature, period, and extent of the currently approved use;
(viii)the place, nature, period, and extent of the proposed use;
(ix)if the change applicant is submitting a change application in accordance with Section 73-3-3.5, the information required by Section 73-3-3.5;
(x)any proposed change to the storage of water;
(xi)if the change application proposes to quantify saved water, the anticipated quantity of saved water; and
(xii)any other information that the state engineer requires.
(c)A shareholder in a water company who seeks to make a change to a water right to which the water company is the record owner shall file a change application in accordance with Section 73-3-3.5.
(5)In a proceeding before the state engineer, the applicant has the burden of producing evidence sufficient to support a reasonable belief that the change can be made in compliance with this section and Section 73-3-8, including evidence:
(a)that the change will not cause a specific existing right to experience quantity impairment;
(b)if applicable, rebutting the presumption of quantity impairment described in Subsection 73-3-8(6)(c); and
(c)that, if the change application proposes to quantify saved water:
(i)the net decrease in depletion or net reduction in diversion can be reliably sustained over the life of the agricultural water optimization project; and
(ii)an agricultural water optimization project proposing a net reduction in diversion does not increase depletion allowed by the underlying perfected water right that serves as the basis of the saved water.
(6)A change of an approved application to appropriate water does not:
(a)affect the priority of the original application to appropriate water; or
(b)extend the time period within which the construction of work is to begin or be completed.
(7)Any person who makes a change without first filing and obtaining approval of a change application providing for the change:
(a)
(i)obtains no right by the change;
(ii)is guilty of an offense punishable under Section 73-2-27 if the change is made knowingly or intentionally; and
(iii)shall comply with the change application process; and
(b)obtains no right to saved water.
(8)
(a)This section does not apply to the replacement of an existing well by a new well drilled within a radius of 150 feet from the point of diversion of the existing well.
(b)A replacement well must be drilled in accordance with the requirements of Section 73-3-28.

Amended by Chapter 233, 2024 General Session

73-3-3.5 Application for a change of point of diversion, place of use, or purpose of use of water in a water company made by a shareholder.
(1)As used in this section:
(a)”Shareholder” means the owner of a share of stock, or other evidence of stock ownership, that entitles the person to a proportionate share of water in a water company.
(b)”Water company” means, except as described in Subsection (1)(c), any company, operating for profit or not for profit, where a shareholder has the right to receive a proportionate share, based on that shareholder’s ownership interest, of water delivered by the company.
(c)”Water company” does not include a public water supplier, as defined in Section 73-1-4.
(2)
(a)A shareholder who seeks to file a change application under Section 73-3-3 to make a change to some or all of the water rights represented by the shareholder’s shares in a water company shall:
(i)prepare a proposed change application on forms furnished by the state engineer; and
(ii)provide the proposed change application to the water company by personal delivery with a signed receipt, certified mail, or electronic mail with confirmation of receipt.
(b)The water company and the shareholder shall cooperate in supplying information relevant to preparation or correction of the shareholder’s change application.
(c)In addition to the information required under Section 73-3-3, the proposed change application shall include:
(i)the certificate number of the stock affected by the change;
(ii)a description of the land proposed to be retired from irrigation in accordance with Section 73-3-3, if the proposed change in place or nature of use of the water involves a situation where the water was previously used for irrigation;
(iii)an agreement by the shareholder to continue to pay all applicable corporate assessments on the share affected by the change; and
(iv)any other information that the water company may reasonably need to evaluate the proposed change application.
(3)
(a)The water company shall respond to the proposed change application described in Subsection (2) within 120 days after the day on which the water company receives the proposed change application.
(b)The water company’s response to the proposed change application shall be in writing and shall:
(i)consent to the proposed change;
(ii)consent to the proposed change, subject to certain conditions described by the water company; or
(iii)decline to consent to the proposed change, describing the reasons for declining to consent.
(c)If the water company fails to timely respond, as described in Subsection (3)(a), the failure to respond shall be considered the water company’s consent to the proposed change application and the shareholder may file the change application with the state engineer.
(4)
(a)In reviewing a shareholder’s proposed change application, a water company may consider:
(i)whether an increased cost to the water company or the water company’s shareholders results from the proposed change;
(ii)whether the proposed change will interfere with the water company’s ability to manage and distribute water for the benefit of all shareholders;
(iii)whether the proposed change represents more water than the shareholder’s proportionate share of the water company’s right;
(iv)whether the proposed change would create preferential access to use of particular company water rights to the detriment of other shareholders;
(v)whether the proposed change will impair the quantity or quality of water delivered to other shareholders under the existing water rights of the water company, including rights to carrier water;
(vi)whether the proposed change violates a statute, ordinance, regulation, or order of a court or government agency;
(vii)if applicable, whether the shareholder has or can arrange for the beneficial use of water to be retired from irrigation within the water company’s service area under the proposed change; and
(viii)the cumulative effects that the approval of the change application may have on other shareholders or water company operations.
(b)The water company may not withhold consent if any potential damage, liability, or impairment to the water company, or the water company’s shareholders, can be reasonably mitigated without cost to the water company.
(c)The water company may require the shareholder to pay all reasonable and necessary costs associated with the change application, but may not impose unreasonable exactions.
(5)
(a)If the water company declines to consent to the proposed change application, stating its reasons, the shareholder may file an action in district court, seeking court review of the reasonableness of the conditions imposed for giving consent or the reasons stated for declining consent and a final order allowing the shareholder to file the proposed change application with the state engineer.
(b)If the water company consents to the proposed change application subject to conditions to which the shareholder does not agree, the shareholder may file the change application with the state engineer as provided in Subsection (6), without waiving the shareholder’s right to contest conditions set by the water company under Subsection (3)(b)(ii).
(c)During or after the completion of the proceeding before the state engineer commenced under Subsection (6), the shareholder may file an action in district court seeking court review of the reasonableness of the conditions imposed by the water company for giving consent.
(d)In an action brought under Subsection (5)(a), (b), or (c), the court:
(i)shall refer the parties to mediation under Title 78B, Chapter 6, Part 2, Alternative Dispute Resolution Act, unless one or both parties decline mediation; and
(ii)may award costs and reasonable attorney fees to the prevailing party if mediation does not occur because the other party declined to participate in mediation.
(6)If the water company consents to the proposed change, the water company fails to respond as required by Subsection (3)(a), the court has entered an order described in Subsection (5)(a), or the water company consents to the proposed change subject to conditions to which the shareholder does not agree, as described in Subsection (5)(b), the shareholder may commence an administrative proceeding by filing the change application with the state engineer in accordance with Section 73-3-3 and this section.
(7)The shareholder shall include as part of the change application filed with the state engineer under Subsection (5)(b) or (6):
(a)the water company’s response to the shareholder’s proposed change application;
(b)if applicable, an affidavit signed by the shareholder documenting the water company’s failure to respond in the time period described in Subsection (3)(a); or
(c)if applicable, the court order described in Subsection (5)(a).
(8)
(a)The state engineer shall evaluate a shareholder’s change application in the same manner used to evaluate a change application submitted under Section 73-3-3, using the criteria described in Section 73-3-8.
(b)Nothing in this section limits the authority of the state engineer in evaluating and processing a change application, including the authority to require or allow a shareholder or water company to submit additional relevant information, if the state engineer finds an absence of prejudice and allows adequate time and opportunity for the other party to respond.
(9)If the state engineer approves a shareholder’s change application, the state engineer may, for shares included in the approval, require that the shareholder requesting the change be current on all water company assessments and continue to pay all reasonably applicable future assessments, with credit given to the shareholder for any cost savings to the company resulting from the change.
(10)By mutual agreement only, and when the shares will rely upon a different diversion and delivery system, the water company and the shareholder may negotiate a buyout from the water company that may include a pro rata share of the water company’s existing indebtedness assignable to the shares.
(11)After an application has been approved by the state engineer, the shareholder may file requests for extensions of time to submit proof of beneficial use under the change application without further involvement of the water company.
(12)If, after a proposed change has been approved and gone into effect, a shareholder fails to substantially comply with a condition described in Subsection (9), or any condition reasonably imposed by the water company and agreed to by the shareholder, and neglects to remedy the failure after written notice from the water company that allows the shareholder a reasonable opportunity to remedy the failure, no less than 90 days after the day on which the water company gives notice, the water company may petition the state engineer to order a reversal of the change application approval.
(13)
(a)The shareholder requesting the change shall have a cause of action, including an award of actual damages incurred, against the water company if the water company:
(i)unreasonably withholds approval of a requested change;
(ii)imposes unreasonable conditions in the water company’s approval; or
(iii)withdraws approval of a change application in a manner other than as provided in Subsection (12).
(b)The court may award costs and reasonable attorney fees:
(i)to the shareholder if the court finds that the water company acted in bad faith when the water company declined to consent to the proposed change or conditioned the water company’s consent on excessive exactions or unreasonable conditions; or
(ii)to the water company if the court finds that the shareholder acted in bad faith in refusing to accept conditions reasonably necessary to protect other shareholders if the shareholder’s change application is approved.

Amended by Chapter 13, 2024 General Session

73-3-4 ”Received,” “filed” defined.
          Whenever in this title the word “received” is used with reference to any paper deposited in the office of the state engineer, it shall be deemed to mean the date when such paper was first deposited in the state engineer’s office; and whenever the term “filed” is used, it shall be deemed to mean the date when such paper was acceptably completed in form and substance and filed in said office.

No Change Since 1953

73-3-5 Action by engineer on applications.
(1) On receipt of an application containing the information required by Section 73-3-2, and payment of the filing fee, the state engineer shall endorse the application with the date of its receipt to make a record of the receipt for that purpose.
(2) The state engineer shall examine the application and determine whether any corrections, amendments or changes are required for clarity and if so, see that such changes are made before further processing. The state engineer may not construe an application for a split season change or other potentially complicated change as incomplete or unacceptable if the application satisfies the filing requirements under Section 73-3-3 and payment of the respective filing fee is made.
(3) An application that complies with this chapter and with the regulations of the state engineer shall be filed and recorded.
(4) The state engineer may issue a temporary receipt to drill a well at any time after the filing of an application to appropriate water from the well, as provided by this section if the fees be advanced and if in the state engineer’s judgment there is unappropriated water available in the proposed source and there is no likelihood of impairment of existing rights, except that the issuance of a temporary receipt does not dispense with the publishing of notice and the final approval or rejection of the application by the state engineer, as provided by this chapter.
(5) The state engineer may send the necessary notices and address correspondence relating to an application to the owner thereof as shown by the state engineer’s records, or to the owner’s attorney in fact provided a written power of attorney is filed in the state engineer’s office.

Amended by Chapter 421, 2020 General Session

73-3-5.5 Temporary applications to appropriate water -- Approval by engineer -- Expiration -- Proof of appropriation not required.
(1)The state engineer may issue temporary applications to appropriate water for beneficial purposes.
(2)The provisions of this chapter governing regular applications to appropriate water shall apply to temporary applications with the following exceptions:
(a)
(i)The state engineer shall undertake a thorough investigation of the proposed appropriation, and if the temporary application complies with the provisions of Section 73-3-8, may make an order approving the application.
(ii)If the state engineer finds that the appropriation sought might impair other rights, before approving the application, the state engineer shall give notice of the application to all persons whose rights may be affected by the temporary appropriations.
(b)The state engineer may issue a temporary application for a period of time not exceeding one year.
(c)
(i)The state engineer, in the approval of a temporary application, may make approval subject to whatever conditions and provisions the state engineer considers necessary to fully protect prior existing rights.
(ii)If the state engineer determines that it is necessary to have a water commissioner distribute the water under a temporary application for the protection of other vested rights, the state engineer may assess the distribution costs against the holder of the temporary application.
(d)
(i)A temporary application does not vest in its holder a permanent vested right to the use of water.
(ii)A temporary application automatically expires and is cancelled according to its terms.
(e)Proof of appropriation otherwise required under this chapter is not required for temporary applications.

Amended by Chapter 302, 2025 General Session

73-3-5.6 Applications to appropriate or permanently change a small amount of water -- Proof of appropriation or change.
(1) As used in this section:
(a) “Application” means an application to:
(i) appropriate a small amount of water; or
(ii) permanently change a small amount of water.
(b) “Livestock water right” means a right for:
(i) livestock to consume water:
(A) directly from the water source; or
(B) from an impoundment into which the water is diverted; and
(ii) associated uses of water related to the raising and care of livestock.
(c) “Proof” means proof of:
(i) appropriation; or
(ii) permanent change.
(d) “Small amount of water” means the amount of water necessary to meet the requirements of:
(i) one residence;
(ii) 1/4 acre of irrigable land; and
(iii) a livestock watering right for:
(A) 10 cattle; or
(B) the equivalent amount of water of Subsection (1)(d)(iii)(A) for livestock other than cattle.
(2) The state engineer may approve an application if:
(a) the state engineer undertakes a thorough investigation of the application;
(b) notice is provided in accordance with Subsection (3);
(c) the application complies with the state engineer’s regional policies and restrictions and Section 73-3-3 or 73-3-8, as applicable; and
(d) the application does not conflict with a political subdivision’s ordinance:
(i) for planning, zoning, or subdivision regulation; or
(ii) under Section 10-8-15.
(3)
(a) Advertising of an application specified in Subsection (2) is at the discretion of the state engineer.
(b) If the state engineer finds that the uses proposed by the application may impair other rights, before approving the application, the state engineer shall give notice of the application according to Section 73-3-6.
(4) An applicant receiving approval under this section is responsible for the time limit for construction and submitting proof as required by Subsection (6).
(5) Sixty days before the end of the time limit for construction, the state engineer shall notify the applicant by mail, or send notice electronically if receipt is verifiable, when proof is due.
(6)
(a) Notwithstanding Section 73-3-16, the state engineer shall issue a certificate under Section 73-3-17 if, as proof, the applicant files an affidavit:
(i) on a form provided by the state engineer;
(ii) that specifies the amount of:
(A) irrigated land; and
(B) livestock watered; and
(iii) that declares the residence is constructed and occupied.
(b) The form provided by the state engineer under Subsection (6)(a) may require the information the state engineer determines is necessary to maintain accurate records regarding the point of diversion and place of use.
(7) For a proof filed under Subsection (6) that does not conform to the underlying approved application, the state engineer may issue a certificate under Section 73-3-17 if the discrepancy between the proof and the underlying approved application does not impair existing rights and:
(a) the point of diversion represented in the proof is:
(i) located within 660 feet of the corresponding point of diversion described in the underlying approved application; and
(ii) located on the same parcel as described in the underlying approved application;
(b) the place of use represented in the proof is located in a quarter-quarter section or lot that is adjacent to the place of use in the underlying approved application; or
(c) the purpose of use represented in the proof is adjusted without exceeding the amount of water defined under Subsection (1)(d).
(8) If an applicant does not file the proof required by Subsection (6) by the day on which the time limit for construction ends, the application lapses under Section 73-3-18.
(9)
(a) Except as provided in Subsections (10) and (11), an applicant whose application lapses may file a request with the state engineer to reinstate the application, if the applicant demonstrates that the applicant or the applicant’s predecessor in interest:
(i) constructed and occupied a residence within the time limit for construction; and
(ii) beneficially uses the water.
(b) Except as provided in Subsection (11), if an applicant meets the requirements of Subsection (9)(a) and submits an affidavit as provided by Subsection (6), the state engineer shall issue a certificate for the beneficial uses the applicant attests to in an affidavit described in Subsection (6).
(10) For an application related to the use of water located within an area where general determination proceedings under Title 73, Chapter 4, Determination of Water Rights, are pending or concluded, an applicant whose application lapses may not file a request for reinstatement with the state engineer if:
(a) the application lapsed before the state engineer issued notice of the time to file a statement of water users claim under Section 73-4-3; and
(b) the applicant failed to timely submit a statement of claim as described in Subsection (11)(c)(ii).
(11) For an application related to the use of water located within an area where general determination proceedings under Title 73, Chapter 4, Determination of Water Rights, are pending, the state engineer shall allow a reinstatement request under Subsection (9)(a) and, instead of issuing a certificate, evaluate the reinstatement request and statement of claim as part of the general adjudication for the area, if:
(a) the application lapsed before the state engineer issued notice of the time to file a statement of water users claim under Section 73-4-3;
(b) the applicant files the request for reinstatement no more than 90 days after the day on which the state engineer issues the notice of the time to file statements of claim in accordance with Section 73-4-3; and
(c) the applicant files:
(i) an affidavit described in Subsection (6); and
(ii) a timely statement of claim under Section 73-4-5.
(12) If an applicant fulfills the requirements in Subsection (11), the state engineer may issue a certificate before evaluating the claim in the general adjudication.
(13) The priority date for an application reinstated under this section is the day on which the applicant files the request for reinstatement of the application.

Amended by Chapter 85, 2022 General Session

73-3-6 Publication of notice of application -- Corrections or amendments of applications -- Confirmation -- Withdrawal of application.
(1)
(a)When an application is filed in compliance with this title, the state engineer shall publish a notice of the application:
(i)once a week for a period of two successive weeks in a newspaper of general circulation in the county in which the source of supply is located, and where the water is to be used; and
(ii)in accordance within Section 45-1-101 for two weeks.
(b)The notice shall:
(i)state that an application has been made; and
(ii)specify where the interested party may obtain additional information relating to the application.
(c)Clerical errors, ambiguities, and mistakes that do not prejudice the rights of others may be corrected by order of the state engineer either before or after the publication of notice.
(d)The state engineer may confirm publication of a notice of application under this Subsection (1) through electronic means.
(2)After publication of notice to water users, the state engineer may authorize amendments or corrections that involve a change of point of diversion, place, or purpose of use of water, only after republication of notice to water users.
(3)
(a)An applicant or an applicant’s successor in interest may withdraw an unperfected application by notifying, in writing, the state engineer of the withdrawal.
(b)Upon receipt of the notice described in Subsection (3)(a), the state engineer shall promptly update state engineer records to reflect that the application has been withdrawn and is of no further force or effect.
(c)An individual who withdraws an unperfected application under Subsection (3)(a) is not entitled to a refund of fees.

Amended by Chapter 31, 2024 General Session

73-3-7 Protests.
(1) Any person interested may file a protest with the state engineer:
(a) within 20 days after the notice is published, if the adjudicative proceeding is informal; and
(b) within 30 days after the notice is published, if the adjudicative proceeding is formal.
(2) The state engineer shall consider the protest and shall approve or reject the application.

Amended by Chapter 19, 1995 General Session

73-3-8 Approval or rejection of application -- Requirements for approval -- Application for specified period of time -- Filing of royalty contract for removal of salt or minerals -- Request for agency action.
(1)
(a)It shall be the duty of the state engineer to approve an application if there is reason to believe that:
(i)for an application to appropriate, there is unappropriated water in the proposed source;
(ii)the proposed use will not impair existing rights or interfere with the more beneficial use of the water;
(iii)the proposed plan:
(A)is physically and economically feasible, unless the application is filed by the United States Bureau of Reclamation; and
(B)would not prove detrimental to the public welfare;
(iv)the applicant has the financial ability to complete the proposed works;
(v)the application was filed in good faith and not for purposes of speculation or monopoly; and
(vi)if applicable, the application complies with a groundwater management plan adopted under Section 73-5-15.
(b)If the state engineer, because of information in the state engineer’s possession obtained either by the state engineer’s own investigation or otherwise, has reason to believe that an application will interfere with the water’s more beneficial use for irrigation, municipal and industrial, domestic or culinary, stock watering, power or mining development, or manufacturing, or will unreasonably affect public recreation or the natural stream environment, or will prove detrimental to the public welfare, the state engineer shall withhold approval or rejection of the application until the state engineer has investigated the matter.
(c)If an application does not meet the requirements of this section, it shall be rejected.
(2)
(a)An application to appropriate water for industrial, power, mining development, manufacturing purposes, agriculture, or municipal purposes may be approved for a specific and certain period from the time the water is placed to beneficial use under the application, but in no event may an application be granted for a period of time less than that ordinarily needed to satisfy the essential and primary purpose of the application or until the water is no longer available as determined by the state engineer.
(b)At the expiration of the period fixed by the state engineer the water shall revert to the public and is subject to appropriation as provided by this title.
(c)No later than 60 calendar days before the expiration date of the fixed time period, the state engineer shall send notice by mail or by any form of electronic communication through which receipt is verifiable, to the applicant of record.
(d)Except as provided by Subsection (2)(e), the state engineer may extend any limited water right upon a showing that:
(i)the essential purpose of the original application has not been satisfied;
(ii)the need for an extension is not the result of any default or neglect by the applicant; and
(iii)the water is still available.
(e)An extension may not exceed the time necessary to satisfy the primary purpose of the original application.
(f)A request for extension of the fixed time period must be filed in writing in the office of the state engineer on or before the expiration date of the application.
(3)
(a)Before the approval of any application to divert water from navigable lakes or streams of the state that contemplates the recovery of salts and other minerals or elements, as defined in Section 65A-17-101, therefrom by precipitation or otherwise, the applicant shall file with the state engineer a copy of:
(i) a contract for the payment of royalties to the state; and
(ii)any mineral lease.
(b)The approval of an application shall be reversed if the applicant fails to comply with terms of the royalty contract or mineral lease.
(4)
(a)The state engineer shall investigate all temporary change applications.
(b)The state engineer shall:
(i)approve the temporary change if the state engineer finds there is reason to believe that the temporary change will not impair an existing right; and
(ii)deny the temporary change if the state engineer finds there is reason to believe the temporary change would impair an existing right.
(5)
(a)With respect to a change application for a permanent or fixed time change:
(i)the state engineer shall follow the same procedures provided in this title for approving an application to appropriate water; and
(ii)the rights and duties of a change applicant are the same as the rights and duties of a person who applies to appropriate water under this title.
(b)The state engineer may waive notice for a permanent or fixed time change application if the application only involves a change in point of diversion of 660 feet or less.
(c)The state engineer may condition approval of a change application, including to:
(i) prevent an enlargement of the quantity of water depleted by the nature of the proposed use when compared with the nature of the currently approved use of water proposed to be changed; and
(ii)ensure that the recognition and subsequent use of saved water, as defined in Section 73-3-3:
(A)is quantified, reported, and verified;
(B)does not lead to an enlargement of the depletion or diversion amounts in the underlying water right that serves as the basis of the saved water, or an increase in the authorized number of irrigated acres unless depletion is accounted for and regulated in the condition;
(C)is limited to the net decrease in depletion and net reduction in diversion of the underlying water right that serves as the basis of the saved water;
(D)is limited to the volume of water that will be sustained over time from the net decrease in depletion or net reduction in diversion of the underlying water right that serves as the basis of the saved water;
(E)does not violate an existing water agreement; and
(F)when based solely on a net reduction in diversion, the subsequent use is limited to nonconsumptive beneficial uses and does not increase the depletion allowed by the underlying water right that serves as the basis of the saved water or otherwise cause quantity impairment to an existing water right when the saved water is beneficially used separate from the underlying water right.
(d)Except for an application proposing to quantify saved water, a condition described in Subsection (5)(c) may not include a reduction in the currently approved diversion rate of water under the water right identified in the change application solely to account for the difference in depletion under the nature of the proposed use when compared with the nature of the currently approved use.
(6)
(a)Except as provided in Subsection (6)(b), the state engineer shall reject a permanent or fixed time change application if the person proposing to make the change is unable to meet the burden described in Subsection 73-3-3(5).
(b)If otherwise proper, the state engineer may approve a change application upon one or more of the following conditions:
(i)for part of the water involved;
(ii)that the applicant acquire a conflicting right; or
(iii)that the applicant provide and implement a plan approved by the state engineer to mitigate impairment of an existing right.
(c)
(i)There is a rebuttable presumption of quantity impairment, as defined in Section 73-3-3, to the extent that, for a period of at least seven consecutive years, a portion of the right identified in a change application has not been:
(A)diverted from the approved point of diversion; or
(B)beneficially used at the approved place of use.
(ii)The rebuttable presumption described in Subsection (6)(c)(i) does not apply if the beneficial use requirement is excused by:
(A)Subsection 73-1-4(2)(e);
(B)an approved nonuse application under Subsection 73-1-4(2)(b);
(C)Subsection 73-3-30(7); or
(D)the passage of time under Subsection 73-1-4(2)(c)(i).
(d)The state engineer may not consider quantity impairment based on the conditions described in Subsection (6)(c) unless the issue is raised in a:
(i)timely protest that identifies which of the protestant’s existing rights the protestant reasonably believes will experience quantity impairment; or
(ii)written notice provided by the state engineer to the applicant within 90 days after the change application is filed.
(e)The written notice described in Subsection (6)(d)(ii) shall:
(i)specifically identify an existing right the state engineer reasonably believes may experience quantity impairment; and
(ii)be mailed to the owner of an identified right, as shown by the state engineer’s records, if the owner has not protested the change application.
(f)The state engineer is not required to include all rights the state engineer believes may be impaired by the proposed change in the written notice described in Subsection (6)(d)(ii).
(g)The owner of a right who receives the written notice described in Subsection (6)(d)(ii) may not become a party to the administrative proceeding if the owner has not filed a timely protest.
(h)If a change applicant, the protestants, and the persons identified by the state engineer under Subsection (6)(d)(ii) come to a written agreement regarding how the issue of quantity impairment shall be mitigated, the state engineer may incorporate the terms of the agreement into a change application approval.

Amended by Chapter 233, 2024 General Session

73-3-10 Approval or rejection of application.
(1) When the state engineer approves or rejects an application, the state engineer shall record the approval decision or rejection decision in the state engineer’s office.
(2) On the same day on which the state engineer makes an approval decision or rejection decision described in Subsection (1), the state engineer shall mail, or send electronically if receipt is verifiable, the decision to the applicant.
(3) If an application is approved, the applicant may, upon receipt of the approval decision:
(a) proceed with the construction of the necessary works;
(b) take any steps required to apply the water to the use described in the application; and
(c) perfect the proposed application.
(4) If the application is rejected, the applicant may not take steps toward the prosecution of:
(a) the work proposed in the application; or
(b) the proposed diversion and use of the public water in the application.
(5) In a decision approving an application, other than an application for a fixed time period, the state engineer shall state the time within which:
(a) the construction work must be completed; and
(b) the water must be applied to beneficial use.

Amended by Chapter 81, 2021 General Session

73-3-11 Statement of financial ability of applicants.
          Before either approving or rejecting an application the state engineer may require such additional information as will enable the state engineer properly to guard the public interests, and may require a statement of the following facts: In case of an incorporated company, the state engineer may require the submission of the articles of incorporation, the names and places of residence of its directors and officers, and the amount of its authorized and its paid-up capital. If the applicant is not a corporation, the state engineer may require a showing as to the names of the persons proposing to make the appropriation and a showing of facts necessary to enable the state engineer to determine whether or not they are qualified appropriators and have the financial ability to carry out the proposed work, and whether or not the application has been made in good faith.

Amended by Chapter 365, 2024 General Session

73-3-12 Time limit on construction and application to beneficial use -- Extensions -- Procedures and criteria.
(1) As used in this section:
(a) “Public water supplier” is as defined in Section 73-1-4.
(b) “Wholesale electrical cooperative” is as defined in Section 54-2-1.
(2)
(a) Within the time set by the state engineer under Subsection 73-3-10(5), an applicant shall:
(i) construct works, if necessary;
(ii) apply the water to beneficial use; and
(iii) file proof with the state engineer in accordance with Section 73-3-16.
(b) Except as provided by Subsection (4), the state engineer shall extend the time in which an applicant shall comply with Subsection (2)(a) if:
(i) the date set by the state engineer is not after 50 years from the day on which the application is approved; and
(ii) the applicant shows:
(A) reasonable and due diligence in completing the appropriation; or
(B) a reasonable cause for delay in completing the appropriation.
(c) An applicant shall file a request for an extension of time with the state engineer on or before the date set for filing proof.
(d) The state engineer may grant an extension of time authorized by Subsection (2)(b) if the state engineer sets a date:
(i) no later than 14 years from the day on which the application is approved if the applicant meets the requirements of Subsection (2)(b); and
(ii) after 14 years from the day on which the application is approved if:
(A) the applicant meets the requirements of Subsection (2)(b); and
(B) the state engineer publishes notice as provided in Subsection (2)(e).
(e)
(i) The state engineer shall publish a notice of the request for an extension of time:
(A) once a week for two successive weeks, in a newspaper of general circulation, in the county:
(I) in which the water source is located; and
(II) where the water will be used; and
(B) in accordance with Section 45-1-101 for two weeks.
(ii) The notice shall:
(A) state that a request for an extension of time has been made; and
(B) specify where an interested party may obtain additional information relating to the request.
(f) A person who owns a water right or holds an application from the water source referred to in Subsection (2)(e) may file a protest with the state engineer:
(i) within 20 days after the notice is published, if the adjudicative proceeding is informal; and
(ii) within 30 days after the notice is published, if the adjudicative proceeding is formal.
(g) The approved extension of time is effective so long as the applicant continues to exercise reasonable and due diligence in completing the appropriation.
(h) The state engineer shall consider the holding of an approved application by a public water supplier or a wholesale electrical cooperative to meet the reasonable future water or electricity requirements of the public to be reasonable and due diligence in completing the appropriation for the purposes of this section for 50 years from the date on which the application is approved.
(i) If the state engineer finds unreasonable delay or lack of reasonable and due diligence in completing the appropriation, the state engineer may:
(i) deny the extension of time; or
(ii) grant the request in part or upon conditions, including a reduction of the priority of all or part of the application.
(3) Except as provided by Subsection (4), an application upon which proof has not been filed shall lapse and have no further force or effect after 50 years from the date on which the application is approved.
(4)
(a) If the works are constructed with which to make beneficial use of the water applied for, the state engineer may, upon showing of that fact, extend the time in which to file proof by setting a date after 50 years from the day on which the application is approved.
(b)
(i) The state engineer may extend the time in which the applicant shall comply with Subsection (2)(a) by setting a date after 50 years from the day on which the application is approved if the applicant:
(A) is a public water supplier or a wholesale electrical cooperative; and
(B) provides information that shows the water applied for in the application is needed to meet the reasonable future requirements of the public.
(ii) The information provided by a public water supplier shall be in accordance with the criteria listed in Subsection 73-1-4(2)(f).
(iii) A wholesale electrical cooperative shall provide the information described in Subsection (4)(b)(i)(B) in a report that forecasts:
(A) the need for the water to produce power; and
(B) the power output of the project for the wholesale electrical cooperative within the next 40 years.
(c) The state engineer shall extend the time in which to file proof by setting a reasonable date after 50 years from the day on which the application is approved if the applicant:
(i) meets the requirements in Subsection (4)(b); and
(ii) has:
(A) constructed works to apply the water to beneficial use; or
(B) made substantial expenditures to construct the works.

Amended by Chapter 221, 2013 General Session

73-3-13 Protests -- Procedure.
(1) Any other applicant, or any user of water from any river system or water source may file a request for agency action with the state engineer alleging that such work is not being diligently prosecuted to completion.
(2) Upon receipt of the request for agency action, the state engineer shall give the applicant notice and hold an adjudicative proceeding.
(3) If diligence is not shown by the applicant, the state engineer may declare the application and all rights under it forfeited.

Amended by Chapter 161, 1987 General Session

73-3-14 Judicial review of state engineer order.
(1)
(a) A person aggrieved by an order of the state engineer may obtain judicial review in accordance with Title 63G, Chapter 4, Administrative Procedures Act, and this section.
(b) Venue for judicial review of an informal adjudicative proceeding is in the county in which the water source or a portion of the water source is located.
(2) The state engineer shall be joined as a respondent in a petition to review the state engineer’s decision, but no judgment for costs or expenses of the litigation may be rendered against the state engineer.
(3) A person who files a petition for judicial review as authorized in this section shall:
(a) name the state engineer as a respondent; and
(b) provide written notice in accordance with Subsection (5) to each person who filed a protest in accordance with Section 73-3-7 of:
(i) the filing of the petition for judicial review; and
(ii) the opportunity to intervene in accordance with Utah Rules of Civil Procedure, Rule 24.
(4) In addition to the requirements of Subsection (3), a protestant in the adjudicative proceeding who files a petition for judicial review shall also name as a respondent the person:
(a) who requested the adjudicative proceeding; or
(b) against whom the state engineer brought the adjudicative proceeding.
(5) The written notice required by this section shall:
(a) be mailed:
(i) within the time provided for by Utah Rules of Civil Procedure, Rule 4(b); and
(ii) to the address on record with the state engineer’s office at the time the order is issued; and
(b) include:
(i) a copy of the petition; and
(ii) the address of the court in which the petition is pending.
(6) If a person who files a petition for judicial review fails to provide notice as required by this section, the court shall dismiss the petition without prejudice upon:
(a) the motion of a party;
(b) the special appearance of a person who:
(i) participated in the adjudicative proceeding; and
(ii) is not a party; or
(c) the court’s own motion.
(7) A person who files a petition for judicial review is not required to:
(a) notwithstanding Subsection 63G-4-401(3)(b), name a respondent that is not required by this section; and
(b) notwithstanding Subsection 63G-4-402(2)(a)(iv), identify all parties to the adjudicative proceeding.

Amended by Chapter 165, 2008 General Session
Amended by Chapter 382, 2008 General Session

73-3-15 Dismissal of action for review of informal adjudicative proceedings.
(1) An action to review a decision of the state engineer from an informal adjudicative proceeding may be dismissed upon the application of any of the parties upon the grounds provided in Utah Rules of Civil Procedure, Rule 41 for:
(a) the dismissal of actions generally; and
(b) failure to prosecute the action with diligence.
(2) For the purpose of this section, failure to prosecute a suit to trial within two years after it is filed gives rise to a rebuttable presumption of a lack of diligence.
(3) In evaluating the rebuttable presumption, the court shall consider the totality of the circumstances.

Amended by Chapter 248, 2009 General Session

73-3-16 Proof of appropriation or permanent change -- Notice -- Manner of proof -- Statements -- Maps, profiles, and drawings -- Verification -- Waiver of filing -- Statement in lieu of proof of appropriation or change.
(1)Sixty days before the date set for the proof of appropriation or proof of change to be made, the state engineer shall notify the applicant by mail, or send notice electronically if receipt is verifiable, when proof of completion of the works and application of the water to a beneficial use is due.
(2)
(a)On or before the date set for completing the proof in accordance with the approved application, the applicant shall file proof with the state engineer on forms furnished by the state engineer.
(b)The filing of a proof in accordance with this section is a request for agency action under Title 63G, Chapter 4, Administrative Procedures Act, only between the applicant and the state engineer.
(3)Except as provided in Subsection (4), the applicant shall submit the following information:
(a)a description of the works constructed;
(b)the quantity of water in acre-feet or the flow in second-feet diverted, or both;
(c)the method of:
(i)applying the water to beneficial use; or
(ii)verifying a net decrease in depletion or net reduction in diversion in accordance with an application to quantify saved water, as defined in Section 73-3-3; and
(d)
(i)detailed measurements:
(A)of water put to beneficial use; and
(B)if applicable, demonstrating the quantity of saved water, as defined in Section 73-3-3;
(ii)the date the measurements were made; and
(iii)the name of the person making the measurements.
(4)
(a)
(i)On applications filed for appropriation or permanent change of use of water to provide a water supply for state projects constructed pursuant to Chapter 10, Board of Water Resources - Division of Water Resources, or for federal projects constructed by the United States Bureau of Reclamation for the use and benefit of the state, any of its agencies, its political subdivisions, public and quasi-municipal corporations, or water users’ associations of which the state, its agencies, political subdivisions, or public and quasi-municipal corporations are stockholders, the proof shall include:
(A)a statement indicating construction of the project works has been completed;
(B)a description of the major features with appropriate maps, profiles, drawings, and reservoir area-capacity curves;
(C)a description of the point or points of diversion and rediversion;
(D)project operation data;
(E)a map showing the place of use of water and a statement of the purpose and method of use;
(F)the project plan for beneficial use of water under the applications and the quantity of water required; and
(G)a statement indicating what type of measuring devices have been installed.
(ii)The director of the Division of Water Resources shall sign proofs for the state projects and an authorized official of the Bureau of Reclamation shall sign proofs for the federal projects specified in Subsection (4)(a)(i).
(b)Proof on an application for appropriation or permanent change for a surface storage facility in excess of 1,000 acre-feet constructed by a public water supplier to provide a water supply for the reasonable requirements of the public shall include:
(i)a description of the completed water storage facility;
(ii)a description of the major project features and appropriate maps, profiles, drawings, and reservoir area-capacity curves as required by the state engineer;
(iii)the quantity of water stored in acre-feet;
(iv)a description of the water distribution facility for the delivery of the water; and
(v)the project plan for beneficial use of water including any existing contracts for water delivery.
(5)The proof on an application shall be sworn to by the applicant or the applicant’s appointed representative.
(6)
(a)Except as provided in Subsection (6)(b), when filing proof, the applicant shall submit maps, profiles, and drawings made by a Utah licensed land surveyor or Utah licensed professional engineer that show:
(i)the location of the completed works;
(ii)the nature and extent of the completed works;
(iii)the natural stream or source from which and the point where the water is diverted and, in the case of a nonconsumptive use, the point where the water is returned; and
(iv)the place of use.
(b)The state engineer may waive the filing of maps, profiles, and drawings if in the state engineer’s opinion the written proof adequately describes the works and the nature and extent of beneficial use.
(7)In those areas in which general determination proceedings are pending, or have been concluded, under Chapter 4, Determination of Water Rights, the state engineer may petition the district court for permission to:
(a)waive the requirements of this section and Section 73-3-17; and
(b)permit each owner of an application to file a verified statement to the effect that the applicant has completed the appropriation or change and elects to file a statement of water users claim in the proposed determination of water rights or any supplement to it in accordance with Chapter 4, Determination of Water Rights, in lieu of proof of appropriation or proof of change.
(8)This section does not apply to a fixed time or temporary change application.

Amended by Chapter 233, 2024 General Session

73-3-17 Certificate of appropriation -- Evidence.
(1)Upon the satisfaction of the state engineer that an appropriation, a permanent change of point of diversion, place or purpose of use, or a fixed time change authorized by Section 73-3-30 has been perfected in accordance with the application, and that the water appropriated or affected by the change has been put to a beneficial use, as required by Section 73-3-16 or 73-3-30, or demonstrated to be saved water, as defined in Section 73-3-3, the state engineer shall issue a certificate, in duplicate, setting forth:
(a)the name and post-office address of the person by whom the water is used;
(b)the quantity of water in acre-feet or the flow in second-feet appropriated and, if applicable, the quantity of saved water, as defined in Section 73-3-3;
(c)the purpose for which the water is used;
(d)the time during which the water is to be used each year;
(e)the name of the stream or water source:
(i)from which the water is diverted; or
(ii)within which an instream flow is maintained;
(f)the date of the appropriation or change; and
(g)other information that defines the extent and conditions of actual application of the water to a beneficial use.
(2)A certificate issued on an application for one of the following types of projects need show no more than the facts shown in the proof submitted under Section 73-3-16:
(a)a project constructed according to Chapter 10, Board of Water Resources - Division of Water Resources;
(b)a federal project constructed by the United States Bureau of Reclamation, referred to in Section 73-3-16; and
(c)a surface water storage facility in excess of 1,000 acre-feet constructed by a public water supplier.
(3)A certificate issued under this section does not:
(a)extend the rights described in the application; or
(b)constitute a determination by the state engineer as to whether the perfected appropriation or change has or may result in interference, impairment, injury, or other harm to another water right.
(4)Failure to file proof of appropriation or proof of change of the water on or before the date set for the filing causes the application to lapse.
(5)
(a)One copy of a certificate issued under this section shall be filed in the office of the state engineer and the other copy shall be delivered to the appropriator or to the person making the change who may record the certificate in the office of the county recorder of the county in which the water is diverted from the natural stream or source.
(b)The state engineer is not required to deliver a copy of a certificate issued under this section to a person other than the appropriator or the person making the change.
(6)The certificate issued under this section is prima facie evidence of the owner’s right to use the water in the quantity, for the purpose, at the place, and during the time specified in the certificate, subject to prior rights.

Amended by Chapter 233, 2024 General Session

73-3-18 Lapse of application -- Notice -- Reinstatement -- Priorities -- Assignment of application -- Filing and recording -- Constructive notice -- Effect of failure to record.
(1)If an application lapses for failure of the applicant to comply with a provision of this title or an order of the state engineer, the state engineer shall promptly give notice of the lapse to the applicant by regular mail, or send notice electronically if receipt is verifiable.
(2)
(a)The state engineer may, upon a showing of reasonable cause, reinstate a lapsed application if, no later than 60 days after the state engineer mails or sends electronically the notice of lapse described in Subsection (1), the applicant files:
(i)a request to reinstate the application using a reinstatement form provided by the state engineer; and
(ii)a request for an extension of time under Section 73-3-12.
(b)Except as provided in Subsection (2)(c), the state engineer shall change the date of priority of a reinstated application to the date the request for reinstatement was filed.
(c)The original priority date of a lapsed application may not be reinstated, except upon a showing of mistake of the state engineer or fraud.
(3)Except as provided in Section 73-3-5.6, Section 73-3-12, Section 73-3-20, or Subsection (2), the priority of an application is determined by the day on which the state engineer’s office receives the written application.
(4)Before the state engineer issues a certificate of appropriation, a right claimed under an application for the appropriation of water may be assigned by a written instrument, including by use of a form provided by the state engineer’s office.
(5)
(a)An instrument assigning a right described in Subsection (4) shall be recorded in the office of the applicable county recorder to provide notice of the instrument’s contents.
(b)Beginning July 1, 2017, the state engineer shall consider an assignment using the state engineer’s form described in Subsection (4) that is recorded and forwarded to the state engineer as a submitted report of water right conveyance for purposes of fulfilling Subsection 73-1-10(3)(a).
(6)An instrument described in Subsection (4) that is not recorded as described in Subsection (5) is void against any subsequent assignee in good faith and for valuable consideration of the same application or any portion of the same application, if the subsequent assignee’s own assignment is recorded as described in Subsection (5) first.

Amended by Chapter 27, 2025 General Session

73-3-19 Right of entry on private property -- By applicant -- Bond -- Priority.
          Whenever any applicant for the use of water from any stream or water source must necessarily enter upon private property in order to make a survey to secure the required information for making a water filing and is refused by the owner or possessor of such property such right of entry, the applicant may petition the district court for an order granting such right, and after notice and hearing, such court may grant such permission, on security being given to pay all damage caused thereby to the owner of such property. In such case the priority of such application shall date from the filing of such petition with the district court as aforesaid.

Amended by Chapter 365, 2024 General Session

73-3-20 Right to divert appropriated waters into natural streams -- Requirements -- Storage in reservoir -- Information required by state engineer -- Lapse of application.
(1) Upon application in writing and approval of the state engineer, any appropriated water may, for the purpose of preventing waste and facilitating distribution, be turned from the channel of any stream or any lake or other body of water, into the channel of any natural stream or natural body of water or into a reservoir constructed across the bed of any natural stream, and commingled with its waters, and a like quantity less the quantity lost by evaporation and seepage may be taken out, either above or below the point where emptied into the stream, body of water or reservoir.  In so doing, the original water in such stream, body of water, or reservoir must not be deteriorated in quality or diminished in quantity for the purpose used, and the additional water turned in shall bear its share of the expense of maintenance of such reservoir and an equitable proportion of the cost of the reservoir site and its construction.  Any person having stored that person’s appropriated water in a reservoir for a beneficial purpose shall be permitted to withdraw the water at the times and in the quantities as the person’s necessities may require if the withdrawal does not interfere with the rights of others.
(2)
(a) The state engineer may require an owner of an approved exchange application to provide:
(i) information about the diverting works constructed;
(ii) information about the extent to which the development under the exchange has occurred; or
(iii) other information the state engineer considers necessary to:
(A) ensure that the exchange is taking place;
(B) establish that the owner still has a legal interest in the underlying water right used as the basis for the exchange; or
(C) determine the quantity of water being exchanged.
(b) The owner of an exchange application shall provide the information requested by the state engineer within 60 days after the day on which the owner received the notification from the state engineer.
(3) The state engineer may lapse an approved exchange application described in Subsection (1) if:
(a) the applicant has lost a legal interest in the underlying right used to facilitate the exchange;
(b) the exchange can no longer be carried out as stated in the application;
(c) the applicant has not complied with the conditions established in approving the exchange; or
(d) the applicant fails to provide the information requested by the state engineer under Subsection (2).
(4)
(a) Notwithstanding Section 73-3-18, the state engineer may reinstate an exchange application that was lapsed by the state engineer under Subsection (3), if:
(i) the applicant files with the state engineer a written request to reinstate the exchange application;
(ii) the exchange application is for a small amount of water, as defined in Section 73-3-5.6;
(iii) the applicant demonstrates that, before the exchange application lapsed, the applicant or the applicant’s predecessor in interest, in accordance with the exchange application:
(A) constructed and occupied a residence; and
(B) beneficially used the water at the residence; and
(iv) the applicant demonstrates that none of the conditions described in Subsection (3) for lapsing an approved exchange application still exist.
(b) The priority of an exchange application reinstated under this section shall be the day on which the applicant files a request to reinstate an exchange application that was lapsed by the state engineer.

Amended by Chapter 429, 2013 General Session

73-3-21.1 Priorities between appropriators.
          Appropriators shall have priority among themselves according to the dates of their respective appropriations, so that each appropriator is entitled to receive the appropriator’s whole supply before any subsequent appropriator has any right.

Amended by Chapter 311, 2022 General Session

73-3-23 Replacement of water.
          In all cases of appropriations of underground water the right of replacement is hereby granted to any junior appropriator whose appropriation may diminish the quantity or injuriously affect the quality of appropriated underground water in which the right to the use thereof has been established as provided by law. No replacement may be made until application in writing has been made to and approved by the state engineer. In all cases replacement shall be at the sole cost and expense of the applicant and subject to such rules and regulations as the state engineer may prescribe. The right of eminent domain is hereby granted to any applicant for the purpose of replacement as provided herein.

No Change Since 1953

73-3-25 Well driller’s license -- Enforcement.
(1) As used in this section:
(a) “Well” means an open or cased excavation or borehole for diverting, using, or monitoring underground water made by any construction method.
(b) “Well driller” means a person with a license to engage in well drilling for compensation or otherwise.
(c) “Well drilling” means the act of:
(i) drilling, constructing, repairing, renovating, deepening, cleaning, developing, or abandoning a well; or
(ii) installing or repairing a pump in a well.
(2)
(a) Notwithstanding Subsection (3), a person who installs or repairs a pump in a well on the person’s own property for the person’s own use is not required to obtain a license under this section.
(b) Except as provided in Subsection (2)(c), a person who installs or repairs a pump in a well for compensation:
(i) shall obtain a license as required by Subsection (3); and
(ii) is subject to all of this section’s provisions.
(c) Notwithstanding the requirements of Subsection (2)(b), a person who performs electrical repairs on a pump in a well is not required to obtain a license as required by Subsection (3).
(3)
(a)
(i) A person shall obtain a license as provided in this section before engaging in well drilling.
(ii) The state engineer may enforce Subsection (3)(a)(i) in accordance with Sections 73-2-25 and 73-2-26.
(b) A person applying for a well driller license shall file a well driller bond:
(i) with the state engineer; and
(ii) payable to the Division of Water Rights.
(c)
(i) Compliance with this section and the rules authorized by this section is required to obtain or renew a well driller license.
(ii) The state engineer may refuse to issue a license if it appears an applicant violates a rule authorized by this section.
(d) A well driller license is not transferable.
(4) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the state engineer may make rules establishing:
(a) the amount, form, and general administrative requirements of a well driller bond;
(b) the amount of a well driller fine;
(c) minimum well drilling standards;
(d) well driller reporting requirements;
(e) the requirements for obtaining a well driller license, including:
(i) a well driller license application form;
(ii) the license expiration date; and
(iii) the license renewal cycle; and
(f) a procedure to enforce a well drilling standard or other well drilling requirement.
(5)
(a) A well driller shall submit a report to the state engineer:
(i) containing data relating to each well;
(ii) within 30 days after the completion or abandonment of the well drilling;
(iii) on forms furnished by the state engineer; and
(iv) containing information required by the state engineer.
(b) In accordance with Sections 73-2-25 and 73-2-26, the state engineer may commence an enforcement action against a person who fails to submit a report required by Subsection (5)(a) within 90 days of the day on which the well driller license lapses.
(6)
(a) A well driller shall comply with the rules authorized by this section.
(b) If the state engineer determines that a well driller has failed to comply with a rule, the state engineer may, in accordance with the procedures established in rule:
(i)
(A) order that a well driller pay a fine; or
(B) revoke or suspend the well driller’s license; and
(ii) exact the bond.
(7)
(a) The state engineer shall retain the money from a fine or exacting a bond as a dedicated credit.
(b) The state engineer may expend:
(i) money retained from a fine for:
(A) well drilling inspection;
(B) well drilling enforcement; or
(C) well driller education; and
(ii) money retained from exacting a bond to investigate or correct a deficiency by a well driller that could adversely affect the public interest resulting from noncompliance with a rule authorized by this section.

Amended by Chapter 124, 2010 General Session

73-3-26 Violations -- Penalty.
(1) A person engaged in well drilling, as described in Subsection 73-3-25(1)(c), is guilty of a crime punishable under Section 73-2-27 if the person does not have a current license to engage in well drilling, as provided by this title.
(2) Each day that a violation under Subsection (1) continues is a separate offense.

Amended by Chapter 369, 2014 General Session

73-3-27 Requests for segregation or consolidation.
(1)
(a)Upon written request, the state engineer shall segregate into two or more parts the following in the state engineer’s records:
(i)an application to:
(A)under Section 73-3-2, appropriate water;
(B)under Section 73-3-3, permanently change:
(I)the point of diversion;
(II)the place of water use; or
(III)the purpose of water use; and
(ii)a water right for which:
(A)the state engineer has issued a certificate according to Section 73-3-17;
(B)a court has entered a judgment according to Section 73-4-15; and
(C)a person has filed a claim according to Section 73-5-13.
(b)A person shall:
(i)submit the request authorized by Subsection (1)(a) on a form furnished by the state engineer; and
(ii)include:
(A)the water right number to be segregated;
(B)the name and post-office address of the owner of the application or water right;
(C)a statement of the nature of the proposed segregation;
(D)the reasons for the proposed segregation; and
(E)other information the state engineer may require to accomplish the segregation.
(c)Notwithstanding Subsection (1)(a), saved water, as defined in Section 73-3-3, may not be segregated from the underlying water right that serves as the basis of the saved water, except in accordance with rules made under Section 73-2-1 and Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
(2)
(a)An action taken by the state engineer on an application or water right before segregation is applicable in all respects to the segregated parts of the application or water right.
(b)After the state engineer segregates the application or water right, each segregated part is a separate application or water right in the state engineer’s records.
(c)The segregation of an application or a water right in the state engineer’s records does not:
(i)confirm the validity or good standing of the segregated parts of the application or water right; or
(ii)extend the time for the construction of works for an application.
(3)Upon written request, the state engineer may consolidate two or more applications or water rights if the applications or water rights:
(a)are from the same source;
(b)have the same priority date; and
(c)are sufficiently consistent in definition that the consolidated application or water right may be described without referring to the characteristics of the individual application or water right that existed before consolidation.

Amended by Chapter 233, 2024 General Session

73-3-28 Replacement wells -- Requirements -- State engineer’s approval -- Application to drill -- Filing -- Form -- Contents -- Notice -- Fees -- Definition -- Plugging of old well.
          An existing well may be replaced with a replacement well within a radius of 150 feet from the existing well without the filing of a change application under Section 73-3-3, upon approval first having been obtained from the state engineer.
          Such request for permission to drill a replacement well shall be filed with the state engineer upon a form to be furnished by the state engineer. Such form shall contain, but need not be limited to, the name and post office address of the person, corporation or association making the request. The number of the claim or application filed with the state engineer covering the well which is being replaced, the number of the award if in a decree, the reason for the replacement, the location of the replacement well with reference to the nearest United States land survey corner, and from the old well, and the name of the driller employed by the applicant to do the work.
          No filing fee shall be required for the filing of such a request for permission to drill a replacement well and the state engineer need give only such notice as, in his judgment, is necessary to protect existing rights and in the event the state engineer shall determine that it is necessary to publish notice the advertising fee shall be paid in advance by the applicant.
          The term “replacement well” as used herein means a new well drilled for the sole purpose of replacing an existing well which is impaired or made useless by structural difficulties and no new right in the use of water accrues. Upon completion of the new well the old well must be plugged by the applicant in a manner satisfactory to the state engineer.

Amended by Chapter 136, 2001 General Session

73-3-29 Relocation of natural streams -- Written permit required -- Emergency work -- Violations.
(1) Except as provided in Subsection (2), a state agency, county, city, corporation, or person may not relocate any natural stream channel or alter the beds and banks of any natural stream without first obtaining the written approval of the state engineer.
(2)
(a) The state engineer may issue an emergency permit or order to relocate a natural stream channel or alter the beds and banks of a natural stream as provided by this Subsection (2) and Section 63G-4-502.
(b) Subject to the requirements of this section, a person may take steps reasonably necessary to alleviate or mitigate a threat before a written permit is issued if an emergency situation arises which involves:
(i) immediate or actual flooding; or
(ii) threatens the health or well-being of a person.
(c)
(i) If a threat described in Subsection (2)(b) occurs during normal working hours, the state engineer or the state engineer’s representative must be notified immediately of the threat.  After receiving notification of the threat, the state engineer or the state engineer’s representative may orally approve action to alleviate or mitigate the threat.
(ii) If a threat described in Subsection (2)(b) does not occur during normal working hours, action may be taken to alleviate or mitigate the threat and the state engineer or the state engineer’s representative shall be notified of the action taken on the first working day following the action.
(d) A written application outlining the action taken or the action proposed to be taken to alleviate or mitigate a threat described in Subsection (2)(b) shall be submitted to the state engineer within two working days following notification of the threat to the state engineer or the state engineer’s representative.
(e)
(i) The state engineer shall inspect in a timely manner the site where the emergency action was taken.
(ii) After inspection, the state engineer may impose additional requirements, including mitigation measures.
(f) Adjudicative proceedings following the emergency work shall be informal unless otherwise designated by the state engineer.
(3) An application to relocate any natural stream channel or alter the beds and banks of any natural stream shall be in writing and shall contain the following:
(a) the name and address of the applicant;
(b) a complete and detailed statement of the location, nature, and type of relocation or alteration;
(c) the methods of construction;
(d) the purposes of the application; and
(e) any additional information that the state engineer considers necessary, including plans and specifications for the construction of works.
(4)
(a) The state engineer shall, without undue delay, conduct investigations that may be reasonably necessary to determine whether the relocation or alteration will:
(i) impair vested water rights;
(ii) unreasonably or unnecessarily affect a recreational use or the natural stream environment;
(iii) unreasonably or unnecessarily endanger aquatic wildlife; or
(iv) unreasonably or unnecessarily diminish the natural channel’s ability to conduct high flows.
(b) The state engineer shall approve the application unless the relocation or alteration will:
(i) impair vested water rights;
(ii) unreasonably or unnecessarily adversely affect a public recreational use or the natural stream environment;
(iii) unreasonably or unnecessarily endanger aquatic wildlife; or
(iv) unreasonably or unnecessarily diminish the natural channel’s ability to conduct high flows.
(c) The state engineer may approve the application, in whole or in part, with any reasonable terms to protect vested water rights, a public recreational use, the natural stream environment, or aquatic wildlife.
(5) No cost incurred by the applicant, including any cost incurred to comply with the terms  imposed by the state engineer, is reimbursable by the Division of Water Rights.
(6) Except as provided in Subsection (2), a person who knowingly or intentionally relocates a natural stream channel, or alters the bed or bank of a natural stream channel without first obtaining the written approval of the state engineer is guilty of a crime punishable under Section 73-2-27.
(7) The state engineer may issue an order for the repair and restoration of the bed and banks of a natural stream channel altered contrary to, or without, a permit issued for that purpose.

Amended by Chapter 369, 2014 General Session

73-3-30 Change application for an instream flow -- Change application for delivery to a reservoir.
(1) As used in this section:
(a) “Colorado River System” means the same as that term is defined in Sections 73-12a-2 and 73-13-10.
(b) “Division” means the Division of Wildlife Resources created in Section 23A-2-201, the Division of State Parks created in Section 79-4-201, or the Division of Forestry, Fire, and State Lands created in Section 65A-1-4.
(c) “Person entitled to the use of water” means the same as that term is defined in Section 73-3-3.
(d) “Sovereign lands” means the same as that term is defined in Section 65A-1-1.
(e) “Wildlife” means species of animals, including mammals, birds, fish, reptiles, amphibians, mollusks, and crustaceans, that are protected or regulated by a statute, law, regulation, ordinance, or administrative rule.
(2)
(a) Pursuant to Section 73-3-3, a division may file a permanent change application, a fixed time change application, or a temporary change application, or a person entitled to the use of water may file a fixed time change application or a temporary change application, to provide water within the state for:
(i) an instream flow within a specified section of a natural or altered stream; or
(ii) use on sovereign lands.
(b) The state engineer may not approve a change application filed under this Subsection (2) unless the proposed instream flow or use on sovereign lands will contribute to:
(i) the propagation or maintenance of wildlife;
(ii) the management of state parks; or
(iii) the reasonable preservation or enhancement of the natural aquatic environment.
(c) A division may file a change application on:
(i) a perfected water right:
(A) presently owned by the division;
(B) purchased by the division for the purpose of providing water for an instream flow or use on sovereign lands, through funding provided for that purpose by legislative appropriation; or
(C) secured by lease, agreement, gift, exchange, or contribution; or
(ii) an appurtenant water right acquired with the acquisition of real property by the division.
(d) A division may:
(i) purchase a water right for the purposes described in Subsection (2)(a) only with funds specifically appropriated by the Legislature for water rights purchases; or
(ii) accept a donated water right without legislative approval.
(e) A division may not acquire water rights by eminent domain for an instream flow, use on sovereign lands, or for any other purpose.
(3)
(a) A person entitled to the use of water shall obtain a division director’s approval of the proposed change before filing a fixed time change application or a temporary change application with the state engineer.
(b) By approving a proposed fixed time change application or temporary change application, a division director attests that the water that is the subject of the application can be used consistent with the statutory mandates of the director’s division.
(4)
(a) Pursuant to Section 73-3-3, a person entitled to the use of water may file a fixed time change application or a temporary change application for a project to deliver water to a reservoir located partially or entirely within the Colorado River System in the state in accordance with:
(i) Colorado River Drought Contingency Plan Authorization Act, Public Law 116-14;
(ii) a water conservation program funded by the Bureau of Reclamation; or
(iii) a water conservation program authorized by the state.
(b) Before filing a change application under this Subsection (4), a person entitled to the use of water shall obtain the approval from the executive director of the Colorado River Authority of Utah, appointed under Section 63M-14-401.
(c) By approving a proposed fixed time change application or temporary change application, the executive director of the Colorado River Authority of Utah attests that the water that is the subject of the application can be used consistent with this section.
(5) In addition to the requirements of Section 73-3-3, an application authorized by this section shall include:
(a) a legal description of:
(i) the segment of the natural or altered stream that will be the place of use for an instream flow;
(ii) the location where the water will be used on sovereign lands; or
(iii) the reservoir located partially or entirely within the Colorado River System in the state that the water will be delivered to; and
(b) appropriate studies, reports, or other information required by the state engineer demonstrating:
(i) the projected benefits to the public resulting from the change; and
(ii) the necessity for the proposed instream flow or use on sovereign lands.
(6) A person may not appropriate unappropriated water under Section 73-3-2 for the purpose of providing an instream flow or use on sovereign lands.
(7) Water used in accordance with this section is considered to be beneficially used, as required by Section 73-3-1.
(8) A physical structure or physical diversion from the stream is not required to implement a change under this section.
(9) An approved change application described in this section does not create a right of access across private property or allow any infringement of a private property right.

Amended by Chapter 34, 2023 General Session
Amended by Chapter 253, 2023 General Session

73-3-31 Water right for watering livestock on public land -- Public Water Reserve No. 107.
(1)As used in this section:
(a)”Acquire” means to gain the right to use water through obtaining:
(i)an approved application to appropriate water; or
(ii)a perfected water right.
(b)”Allotment” means a designated area of public land available for livestock grazing.
(c)”Animal unit month (AUM)” is the amount of forage needed to sustain one cow and her calf, one horse, or five sheep and goats for one month.
(d)
(i)”Beneficial user” means the person that has the right to use the grazing permit.
(ii)”Beneficial user” does not mean the public land agency issuing the grazing permit.
(e)”Grazing permit” means a document authorizing livestock to graze on an allotment.
(f)”Livestock” means a domestic animal raised or kept for profit or personal use.
(g)”Livestock watering right” means a right for:
(i)livestock to consume water:
(A)directly from the water source located on public land; or
(B)from an impoundment located on public land into which the water is diverted; and
(ii)associated uses of water related to the raising and care of livestock on public land.
(h)
(i)”Public land” means land owned or managed by the United States or the state.
(ii)”Public land” does not mean land owned by:
(A)the Division of Wildlife Resources;
(B)the School and Institutional Trust Lands Administration;
(C)the Division of State Parks; or
(D)the Division of Forestry, Fire, and State Lands.
(i)”Public land agency” means the agency that owns or manages the public land.
(j)”Public Water Reserve No. 107” means a claim for water under Public Water Reserve No. 107, Exec. Order of April 17, 1926.
(2)A public land agency may not:
(a)condition the issuance, renewal, amendment, or extension of any permit, approval, license, allotment, easement, right-of-way, or other land use occupancy agreement regarding livestock on the transfer of any water right directly to the public land agency;
(b)require any water user to apply for, or acquire a water right in the name of the  public land agency as a condition for the issuance, renewal, amendment, or extension of any permit, approval, license, allotment, easement, right-of-way, or other land use occupancy agreement regarding livestock; or
(c)acquire a livestock watering right if the public land agency is not a beneficial user.
(3)The state engineer may not approve a change application under Section 73-3-3 for a livestock watering right or Public Water Reserve No. 107 claim without the written consent of the beneficial user.
(4)A beneficial user may file a nonuse application under Section 73-1-4 on a livestock watering right or a portion of a livestock watering right that the beneficial user puts to beneficial use.
(5)A livestock watering right or Public Water Reserve No. 107 claim is appurtenant to the allotment on which the livestock is watered.
(6)A beneficial user may access or improve an allotment as necessary for the beneficial user to beneficially use, develop, and maintain the water right appurtenant to the allotment.
(7)If a federal land management agency reduces livestock grazing animal unit month (AUMs) on federal grazing allotments, and the reduction results in the potential, partial forfeiture of an appropriated water right:
(a) a beneficial user may file a nonuse application under Section 73-1-4 for the amount of water in question for nonuse as a livestock water right consistent with this section and other state law;
(b)the state engineer shall approve a nonuse application filed under this Subsection (7); and
(c)the amount of water in question for nonuse as a livestock water right may not be used for a purpose other than watering livestock.
(8)Except under Subsection (9), nothing in this section affects a livestock watering right held by a public land agency on May 13, 2014.
(9)
(a)To recognize a Public Water Reserve No. 107 claim for a spring or water hole on public land owned or managed by a federal public land agency, the state engineer shall:
(i)require that the public land agency:
(A)file a statement of claim pursuant to Section 73-4-5 with the state engineer;
(B)file the statement of claim described in Subsection (9)(a)(i)(A) with the written consent of the beneficial user of the Public Water Reserve No. 107 claim; and
(C)establish the extent to which, as of April 17, 1926, the Public Water Reserve No. 107 use supported the beneficial use of livestock watering and human consumption by grazing permittees, including the quantity of water required to fulfill the purpose of the claim;
(ii)determine whether the spring or water hole claimed under Public Water Reserve No. 107:
(A)is an important spring or a water hole that provides enough water for general use for livestock watering purposes;
(B)affords more than enough water for the use of one family and the family’s domestic animals;
(C)is accessible to livestock and satisfies the need for livestock watering and human consumption by grazing permittees;
(D)existed on April 17, 1926; and
(E)is formed naturally and not due to artificial development or human-made structures; and
(iii)determine whether the purposes described in this Subsection (9) would be frustrated without the water.
(b)The state engineer may not recognize more than one Public Water Reserve No. 107 claim within a 40-acre parcel or a Public Water Reserve No. 107 claim that is closer than 1/4 mile from another Public Water Reserve No. 107 claim.
(c)The state engineer may not recognize a Public Water Reserve No. 107 claim that has as its beneficial use the watering of wildlife, as defined in Section 23A-1-101.
(d)A Public Water Reserve No. 107 claim may not impair a water right that existed before April 17, 1926.

Amended by Chapter 73, 2025 General Session

73-3-32 Filing protest or judicial review action not required to bring judicial interference claim.
          The following are not a prerequisite to filing a judicial action for interference, damages, declaratory, injunctive, or other relief, based on the use of water under an existing water right:
(1) filing a protest to a water right application filed pursuant to this chapter, or to a claim filed under Section 73-5-13; or
(2) participation as a party in a judicial review action challenging the state engineer’s action on a water right application filed pursuant to this chapter.

Enacted by Chapter 278, 2020 General Session

Chapter 3a
Water Exports

73-3a-101 Policy statement.
(1) To ensure the welfare of its citizens, the state of Utah is dedicated to:
(a) the conservation of its scarce water resources;
(b) providing adequate water supplies;
(c) ensuring that the waters of the state’s streams are available to meet the state’s water requirements; and
(d) controlling its water resources in a manner that is in the best interest of the public.
(2) To fulfill the policy stated in Subsection (1), the state of Utah has entered into interstate compacts on several of the state’s streams that flow outside the state.
(3) The state of Utah recognizes that under certain conditions the transportation of water for use outside the state may not be contrary to:
(a) the conservation of Utah’s waters; or
(b) the public welfare.

Enacted by Chapter 234, 1991 General Session

73-3a-102 Water mixed with substances.
          For the purposes of this chapter, water mixed with substances to form a solution or slurry, for the transportation of dissolved substances or suspended solids, is not considered to have lost its character as water.

Enacted by Chapter 234, 1991 General Session

73-3a-103 Water exports governed by this chapter.
          This chapter governs application procedures and criteria for the approval of applications for:
(1) the appropriation of water from sources within the state of Utah for use outside the state; and
(2) permanent or temporary changes of point of diversion, place of use, or purpose of use of water that is:
(a) appropriated from sources within the state of Utah; and
(b) used, or proposed to be used, outside the state.

Enacted by Chapter 234, 1991 General Session

73-3a-104 Rulemaking power of state engineer.
          In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the state engineer may make rules necessary to administer this chapter.

Amended by Chapter 382, 2008 General Session

73-3a-105 Procedures -- Adjudicative proceedings.
(1) Except where inconsistent with the provisions of this chapter, the procedures to be followed by the state engineer in processing and considering applications filed under this chapter, and the rights and duties of the applicants, are the same as the procedures, rights, and duties specified in Title 73, Chapter 3, Appropriation, relating to appropriations of water or changes in the point of diversion, place of use, or purpose of use of water.
(2) Adjudicative proceedings relating to applications made under this chapter shall be conducted in accordance with Title 63G, Chapter 4, Administrative Procedures Act.

Amended by Chapter 382, 2008 General Session

73-3a-106 Application form.
          Applications for appropriations or changes referred to in Section 73-3a-103 must:
(1) be made upon forms furnished by the state engineer; and
(2) set forth:
(a) the name of the applicant;
(b) the description of the water right, if applicable;
(c) the quantity of water;
(d) the stream or source;
(e) the point on the stream or source where the water is diverted;
(f) the point to which it is proposed to change the diversion of the water, if applicable;
(g) the place, purpose, and extent of the present use, if applicable;
(h) the place, purpose, and extent of the proposed use;
(i) an agent in the state of Utah designated for reception of service of process and other legal notices; and
(j) any other information that the state engineer requires.

Enacted by Chapter 234, 1991 General Session

73-3a-107 Publication of notice of application -- Corrections or amendments of applications.
(1)
(a) When an application is filed in accordance with Section 73-3a-106 and relevant provisions of Chapter 3, Appropriation, the state engineer shall publish a notice of the application:
(i) once a week for a period of  two successive weeks in a newspaper of general circulation in the county in which the water source is located and where the water is to be used; and
(ii) in accordance with Section 45-1-101 for two weeks.
(b) The notice shall:
(i) state that an application has been made; and
(ii) specify where the interested party may obtain additional information relating to the application.
(c) The notice described in Subsection (1)(a)(i) may be published in more than one newspaper.
(2) Clerical errors, ambiguities, and mistakes in the application that do not prejudice the rights of others may be corrected by order of the state engineer either before or after the publication of notice.
(3) If amendments or corrections to the application are made that involve a change of point of diversion, place of use, or purpose of use of water, the notice must be republished.

Amended by Chapter 388, 2009 General Session

73-3a-108 Approval of applications -- Criteria.
(1)The state engineer shall:
(a)undertake an investigation of any application made under this chapter; and
(b)approve the application, if the state engineer finds that:
(i)the proposed appropriation or change:
(A)satisfies Section 73-3-3, 73-3-5.5, or 73-3-8, whichever is applicable;
(B)is consistent with Utah’s reasonable water conservation policies or objectives;
(C)is not contrary to the public welfare; and
(D)does not impair the ability of the state of Utah to comply with its obligation under any interstate compact or judicial decree which apportions water among Utah and other states; and
(ii)the water can be transported, measured, delivered, and beneficially used in the recipient state.
(2)In reviewing the criteria of Subsections (1)(b)(i)(B) and (1)(b)(i)(C), the state engineer shall consider the following factors:
(a)the supply and quality of water available to the state of Utah;
(b)the current and reasonably anticipated water demands of the state of Utah;
(c)whether there are current or reasonably anticipated water shortages within Utah;
(d)whether the water that is the subject of the application could feasibly be used to alleviate current or reasonably anticipated water shortages within Utah;
(e)the alternative supply and sources of water available to the applicant in the state where the applicant intends to use the water; and
(f)the demands placed on the applicant’s alternate water supply in the state where the applicant intends to use the water.
(3)If any application fails to meet any criteria of Subsection (1), it shall be rejected.
(4)The state engineer may condition any approval to ensure that the use of the water in another state:
(a)is subject to the same laws, rules, and controls that may be imposed upon water use within the state of Utah; or
(b)is consistent with the terms and conditions of any applicable interstate compact to which the state of Utah is a party.

Amended by Chapter 302, 2025 General Session

73-3a-109 Certification of appropriation or change.
(1) Any person holding an application approved under this chapter shall comply with the substantive and procedural requirements of Sections 73-3-16 and 73-3-17 to obtain a certificate of appropriation or change.
(2) Verification that the appropriation or change has been perfected and put to beneficial use may be accepted from the recipient state’s equivalent to the Utah state engineer.

Enacted by Chapter 234, 1991 General Session

Chapter 3b
Groundwater Recharge and Recovery Act

Part 1
General Provisions

73-3b-101 Short title.
          This chapter is known as the “Groundwater Recharge and Recovery Act.”

Enacted by Chapter 146, 1991 General Session

73-3b-102 Definitions.
          As used in this chapter:
(1) “Artificially recharge” means to place water in an aquifer:
(a) by means of:
(i) injection;
(ii) surface infiltration; or
(iii) another method; and
(b) for the purposes of:
(i) storing the water; and
(ii) recovering the water.
(2) “Division” means Division of Water Rights.
(3) “Recharge permit” means a permit issued by the state engineer to construct and operate a recharge project.
(4) “Recharge project” means to artificially recharge water into an aquifer.
(5) “Recovery permit” means a permit issued by the state engineer to construct and operate a recovery project.
(6) “Recovery project” means to withdraw from an aquifer water that has been artificially recharged pursuant to a recharge permit.

Amended by Chapter 107, 2010 General Session

73-3b-103 Prohibitions.
(1) A person may not artificially recharge an aquifer without first obtaining a recharge permit.
(2) A person may not recover from an aquifer water that has been artificially recharged unless the person first obtains a recovery permit.
(3) A person holding a recharge permit or recovery permit may not operate a recharge project or recovery project in a manner that is inconsistent with the permit conditions set by the state engineer.

Amended by Chapter 107, 2010 General Session

73-3b-104 Rulemaking power of state engineer.
          The state engineer may make rules to administer this chapter in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.

Amended by Chapter 382, 2008 General Session

73-3b-105 Administrative procedures.
          The administrative procedures applicable to the issuance, modification, suspension, or revocation of a recharge permit or recovery permit are those set forth in Title 63G, Chapter 4, Administrative Procedures Act, and Sections 73-3-6, 73-3-7, 73-3-14, and 73-3-15.

Amended by Chapter 107, 2010 General Session

73-3b-106 Water right for recharged water -- Change of use of recovered water.
(1) A person proposing to artificially recharge water into an aquifer must have:
(a) a valid water right for the water proposed to be recharged; or
(b) an agreement to use the water proposed to be recharged with a person who has a valid water right for the water proposed to be recharged.
(2) A person who holds a recovery permit may use or exchange recovered water only in the manner in which the water was permitted to be used or exchanged before the water was artificially recharged, unless a change or exchange application is filed and approved pursuant to Section 73-3-3 or 73-3-20, as applicable.

Amended by Chapter 107, 2010 General Session

73-3b-107 Recoverable water -- State engineer to determine.
          A person who holds a recovery permit may recover the amount of water stored by the recharge project which the state engineer determines has reached the aquifer and remains within the hydrologic area of influence.

Enacted by Chapter 146, 1991 General Session

Part 2
Recharge and Recovery Permits

73-3b-201 Application for a recharge permit -- Required information -- Filing fee.
(1) The application for obtaining a recharge permit shall include the following information:
(a) the name and mailing address of the applicant;
(b) the name of the groundwater basin or groundwater sub-basin in which the applicant proposes to operate the recharge project;
(c) the name and mailing address of the owner of the land on which the applicant proposes to operate the recharge project;
(d) a legal description of the location of the proposed recharge project;
(e) the source and annual quantity of water proposed to be artificially recharged;
(f) evidence of a water right or an agreement to use the water proposed to be artificially recharged;
(g) the quality of the water proposed to be artificially recharged and the water quality of the receiving aquifer;
(h) evidence that the applicant has applied for all applicable water quality permits;
(i) a plan of operation for the proposed recharge project, which shall include:
(i) a description of the proposed recharge project;
(ii) its design capacity;
(iii) a detailed monitoring program; and
(iv) the proposed duration of the recharge project;
(j) a copy of a study demonstrating:
(i) the area of hydrologic impact of the recharge project;
(ii) that the recharge project is hydrologically feasible;
(iii) that the recharge project will not:
(A) cause unreasonable harm to land; or
(B) impair any existing water right within the area of hydrologic impact; and
(iv) the percentage of anticipated recoverable water;
(k) evidence of financial and technical capability; and
(l) any other information that the state engineer requires.
(2)
(a) A filing fee must be submitted with the application.
(b) The state engineer shall establish the filing fee in accordance with Section 63J-1-504.

Amended by Chapter 107, 2010 General Session

73-3b-202 Issuance of recharge permit -- Criteria -- Conditions.
          The state engineer:
(1) shall issue a recharge permit if:
(a) the applicant has:
(i) the technical and financial capability to construct and operate the recharge project; and
(ii)
(A) a valid water right for the use of the water proposed to be artificially recharged; or
(B) an agreement to use the water proposed to be artificially recharged with a person who has a valid water right for the use of the water proposed to be artificially recharged; and
(b) the project:
(i) is hydrologically feasible;
(ii) will not cause unreasonable harm to land;
(iii) will not impair any existing water right within the area of hydrologic impact; and
(iv) will not adversely affect the water quality of the aquifer;
(2) shall condition any approval on acquiring the applicable water quality permits prior to construction and operation of the recharge project; and
(3) may attach to the permit any condition the state engineer determines is appropriate.

Amended by Chapter 107, 2010 General Session

73-3b-203 Proof of completion, certification, or lapse of recharge permit.
(1) Sixty days before the date on which the recharge permit will lapse under Subsection (3), the state engineer shall notify the applicant by mail, or send notice electronically if receipt is verifiable, when proof of completion is due.
(2)
(a) Before the date on which the recharge permit will lapse under Subsection (3), the applicant shall file proof of completion with the state engineer on a form furnished by the state engineer, which shall include:
(i) the location and description of the recharge works constructed;
(ii) the water source for the water artificially recharged and where the water is delivered for artificial recharge;
(iii) the quantity of water, in acre-feet, the flow in second-feet, or both, diverted from the water source described in Subsection (2)(a)(ii);
(iv) the method of artificially recharging the water; and
(v) any other information the state engineer requires.
(b) The state engineer may waive the filing of a map, a profile, or drawing if in the state engineer’s opinion the written proof of completion adequately describes the construction and the nature and extent of the recharge project.
(c) The completed proof shall conform to a rule established by the state engineer.
(3) A recharge permit will lapse if the proof of completion of the recharge project’s construction is not submitted to the state engineer within five years from the date of the permit application’s approval, unless:
(a) the applicant requests an extension of time to complete the recharge project’s construction; and
(b) the state engineer approves the extension of time.
(4)
(a) The state engineer shall issue a recharge certificate if the recharge permittee has demonstrated to the state engineer’s satisfaction that:
(i) a recharge project is perfected in accordance with the recharge permit; and
(ii) the water is being artificially recharged.
(b) The recharge certificate shall include:
(i) the name and post office address of the recharge permittee;
(ii) the maximum quantity of water, in acre-feet or the flow in second-feet, that may be recharged;
(iii) the name of the water source from which the water to be artificially recharged is diverted; and
(iv) other information that defines the extent and conditions of the recharge permit.
(c) A recharge certificate issued for a recharge permit need show no more than the facts shown in the proof of completion.
(d)
(i) The state engineer shall:
(A) retain and file one copy of the recharge certificate; and
(B) deliver one copy of the recharge certificate to the recharge permittee.
(ii) A recharge permittee shall file the recharge certificate with the county recorder of the county in which the water is recharged.
(e) The recharge certificate issued and filed under this section is prima facie evidence of the permittee’s right to the artificially recharged water for the purpose, at the place, and during the time specified in the recharge certificate.

Amended by Chapter 81, 2021 General Session

73-3b-204 Application for a recovery permit -- Required information.
(1) A person may file a recovery permit application with a recharge permit application.
(2) The application for obtaining a recovery permit shall include the following information:
(a) the name and mailing address of the applicant;
(b) a legal description of the location of the existing well or proposed new well from which the applicant intends to recover artificially recharged water;
(c) a written consent from the owner of the recharge permit, if the applicant does not hold the recharge permit;
(d) the name and mailing address of the owner of the land from which the applicant proposes to recover artificially recharged water;
(e) the name or description of the artificially recharged groundwater aquifer which is the source of supply;
(f) the purpose for which the artificially recharged water will be recovered;
(g) the depth and diameter of the existing well or proposed new well;
(h) a legal description of the area where the artificially recharged water is proposed to be used;
(i) the design pumping capacity of the existing well or proposed new well; and
(j) any other information including maps, drawings, and data that the state engineer requires.
(3)
(a) A filing fee must be submitted with the application.
(b) The state engineer shall establish the filing fee in accordance with Section 63J-1-504.

Amended by Chapter 107, 2010 General Session

73-3b-205 Issuance of recovery permit -- Criteria -- Conditions.
          The state engineer:
(1) shall issue the recovery permit if the state engineer determines that:
(a) the proposed recovery of artificially recharged water will not impair any existing water right;
(b) the applicant is the holder of an approved recharge permit or recovery permit, or if the applicant does not hold the recharge permit, has a valid agreement with the owner of the recharge permit to divert and use the recovered water; and
(c) the recovery point of diversion is located within the area of hydrologic impact of the recharge project, as determined by the state engineer; and
(2) may attach to the permit any conditions the state engineer determines are appropriate.

Amended by Chapter 107, 2010 General Session

73-3b-206 Proof of completion, certification, or lapse of recovery permit.
(1) Sixty days before the date on which the recovery permit will lapse under Subsection (3), the state engineer shall notify the applicant by mail, or send notice electronically if receipt is verifiable, when proof of completion is due.
(2)
(a) Before the date on which the recovery permit will lapse under Subsection (3), the applicant shall file proof of completion with the state engineer on a form furnished by the state engineer, which shall include documentation and a map prepared by a Utah licensed land surveyor or Utah licensed professional engineer that shows:
(i) the location and description of the recovery works constructed;
(ii) the method of recovering the artificially recharged water;
(iii) the facilities in place to recover and deliver the recovered water; and
(iv) the purpose and place of use of the recovered water.
(b) The state engineer may waive the filing of a map, profile, or drawing, if in the state engineer’s opinion the written proof of completion adequately describes the works and the nature and extent of the recovery project.
(c) The completed proof shall conform to a rule established by the state engineer.
(3) A recovery permit will lapse if the recovery project is not completed within five years from the date of the recovery permit application’s approval unless:
(a) the applicant requests an extension of time to complete the recovery project; and
(b) the state engineer approves the extension of time.
(4)
(a) The state engineer shall issue a recovery certificate if the recovery permittee has demonstrated to the state engineer’s satisfaction that:
(i) the recovery project is perfected in accordance with the recovery permit; and
(ii) water is being recovered.
(b) The recovery certificate shall include:
(i) the name and post office address of the recovery permittee;
(ii) the works used to recover and deliver recovered water; and
(iii) other information that defines the extent and conditions of the recovery permit.
(c) A recovery certificate issued for a recovery permit need show no more than the facts shown in the proof of completion.
(d) A recovery certificate issued under this section does not extend the rights described in the recovery permit.
(e)
(i) The state engineer shall:
(A) retain and file one copy of the recovery certificate; and
(B) deliver one copy of the recovery certificate to the recovery permittee.
(ii) A recovery permittee shall file the recovery certificate with the county recorder of the county in which the water is recovered.
(f) The recovery certificate issued and filed under this section is prima facie evidence of the recovery permittee’s right to the recovered water for the purpose, at the place, and during the time specified in the recovery certificate.

Amended by Chapter 81, 2021 General Session

73-3b-207 Assignment of permits.
(1) A person who holds a recharge or recovery permit may not assign a permit to another person without the written approval of the state engineer.
(2) The state engineer must approve an assignment if the proposed assignee meets the requirements of Section 73-3b-202 or 73-3b-205, as applicable.

Enacted by Chapter 146, 1991 General Session

73-3b-208 Proposed new well -- Compliance with water well construction rules.
          An applicant for a recharge permit or recovery permit who intends to construct a new well to recharge or recover artificially recharged water must comply with Sections 73-3-25 and 73-3-26, and rules adopted under those sections, regarding the construction of water wells.

Amended by Chapter 107, 2010 General Session

Part 3
Groundwater Recharge and Recovery Operations

73-3b-301 Storage account -- Monitoring and reporting required.
(1) The state engineer shall establish a storage account for each groundwater recharge and recovery project for which a permit has been issued.
(2) In accordance with specifications of the state engineer, any person holding a groundwater recharge or recovery permit shall:
(a) monitor the operation of the project and its impact on land, the groundwater aquifer, and water rights within the project’s area of hydrologic impact; and
(b) file reports with the state engineer regarding:
(i) the quantity of water stored and recovered; and
(ii) the water quality of the recharged water, receiving aquifer, and recovered water.

Enacted by Chapter 146, 1991 General Session

73-3b-302 Fee.
(1) The state engineer shall assess an annual fee, in accordance with Section 63J-1-504, on each person who holds a groundwater recharge or recovery permit.
(2) The fee shall reflect the division’s costs to administer and monitor groundwater recharge and recovery projects.

Amended by Chapter 183, 2009 General Session

73-3b-303 Modification of recharge or recovery permits.
(1)The state engineer, on the state engineer’s own initiative or at the request of any person holding a recharge or recovery permit, may modify the conditions of the respective permit, if the state engineer finds that modifications are necessary and will not impair existing water rights or the water quality of the aquifer.
(2)Before any permit condition is modified, the state engineer may require notice to potentially impaired water users if the state engineer finds that the modification under consideration may impair existing water rights.

Amended by Chapter 302, 2025 General Session

Part 4
Enforcement and Penalties

73-3b-401 Revocation or suspension of recharge and recovery permits.
          The state engineer may:
(1) periodically review a project to determine if the person who holds the recharge or recovery permit is complying with the conditions of the permit; and
(2) permanently revoke or temporarily suspend a permit for good cause after an investigation and a hearing.

Enacted by Chapter 146, 1991 General Session

73-3b-402 Penalty.
(1) A person who violates Section 73-3b-103 is subject to a civil penalty in an amount not to exceed $10,000 per day.
(2) An action to recover damages under this section shall be brought by the state engineer in the district court in the county in which the violation occurred.

Enacted by Chapter 146, 1991 General Session

Chapter 3c
Wastewater Reuse Act

Part 1
General Provisions

73-3c-101 Title.
          This chapter is known as the “Wastewater Reuse Act.”

Enacted by Chapter 179, 2006 General Session

73-3c-102 Definitions.
          As used in this chapter:
(1) “Director” means the director of the Division of Water Quality appointed under Section 19-5-106.
(2) “Domestic wastewater” or “sewage” means:
(a) a combination of the liquid or water-carried wastes from:
(i) structures with installed plumbing facilities; and
(ii) industrial establishments; and
(b) any groundwater, surface water, and storm water that is present with the waste.
(3) “Industrial facility” means a factory, mill, plant, mine, refinery, warehouse, or building or collection of buildings, including the land on which the facility is located, and the machinery and equipment located at or within the facility used in connection with the operation of the facility in an industrial business.
(4) “POTW” means a publicly owned treatment works as defined by Section 19-5-102.
(5) “Public agency” means a public agency as defined by Section 11-13-103 that:
(a) owns or operates a POTW;
(b) collects and transports domestic wastewater;
(c) holds legal title to a water right;
(d) is delegated the right to the beneficial use or reuse of water by the legal title holder of the water right;
(e) is a water supplier; or
(f) sells wholesale or retail water.
(6) “Return flow requirement” means return flow required under a water right.
(7)
(a) “Reuse authorization contract” means a contract or contracts among:
(i) a public agency proposing a water reuse project;
(ii) the owner or operator of a POTW that treats domestic wastewater proposed for use in a reuse project;
(iii) the owner of a domestic wastewater collection or transportation system if the reuse project will divert domestic wastewater directly from that entity’s collection or transportation system;
(iv) the legal title holder of the water right designated for use in the reuse project, unless the legal title holder of the water right has delegated to another the right to the beneficial use or reuse of the water;
(v) each water supplier not holding legal title to the water right designated for use in the reuse project that sells or delivers water under the water right designated for use in the reuse project;
(vi) each entity that will engage in the wholesale or retail sale of water from the water reuse project; and
(vii) the retail water supplier retailing water that will be replaced by reuse water supplied under the proposed reuse project.
(b) A reuse authorization contract shall:
(i) provide that a water supplier that is a party to the agreement consents to the use of reuse water under each water right, in which the water supplier has an interest, that is identified for use in the water reuse project; and
(ii) provide that any proposed water reuse project based on the contract shall be consistent with the underlying water right.
(8) “Reuse water” means domestic wastewater treated to a standard acceptable under rules made by the Water Quality Board under Section 19-5-104.
(9)
(a) “Water reuse project” or “project” means a project for the reuse of domestic wastewater that requires approval by the director under Section 19-5-106 and the state engineer under Section 73-3c-302.
(b) “Water reuse project” or “project” does not include water reused at or by an industrial facility for operating or processing purposes.
(10) “Water right” means:
(a) a right to use water evidenced by any means identified in Section 73-1-10; or
(b) a right to use water under an approved application:
(i) to appropriate;
(ii) for a change of use; or
(iii) for the exchange of water.
(11) “Water supplier” means an entity engaged in the delivery of water for municipal purposes.

Amended by Chapter 176, 2023 General Session

73-3c-103 Water reuse projects and the Great Salt Lake -- Exception.
(1) Except as provided in Subsection (3) and notwithstanding the other provisions of this chapter, the director and the state engineer may not approve a water reuse project if the water related to the water reuse project would have otherwise been discharged into a tributary of the Great Salt Lake.
(2) The state engineer may, by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, define what is a tributary of the Great Salt Lake.
(3) This section does not apply to:
(a) a water right owned by the federal government;
(b) a water reuse project to supply water to the Great Salt Lake;
(c) a water reuse project approved subject to a water replacement plan; or
(d) water reuse project applications filed with the director and the state engineer before November 1, 2023, including any future renewals required under Section 19-5-108 for the water reuse project that are submitted after November 1, 2023.

Enacted by Chapter 176, 2023 General Session

Part 2
Permissible Reuse

73-3c-201 Reuse by a public agency owning underlying water right.
(1) A public agency owning or operating a POTW that treats domestic wastewater consisting of water supplied under a water right the public agency owns may use, or contract for the use of, reuse water if:
(a) the water right is administered by the state engineer as a municipal water right;
(b) the reuse is consistent, under Subsection 73-3c-302(5), with the underlying water right; and
(c) the public agency receives approval in accordance with Sections 73-3c-301 and 73-3c-302.
(2) A change application shall be filed in accordance with Section 73-3-3 if the public agency proposes a water reuse that is inconsistent with the underlying water right.

Enacted by Chapter 179, 2006 General Session

73-3c-202 Reuse by a public agency under a contract authorizing the use of water.
(1) A public agency may use or contract for the use of reuse water if:
(a) the domestic wastewater consists of water for which the public agency has a reuse authorization contract;
(b) the water right is administered by the state engineer as a municipal water right;
(c) the reuse is consistent, under Subsection 73-3c-302(5), with the underlying water right; and
(d) the public agency receives approval in accordance with Sections 73-3c-301 and 73-3c-302.
(2) A change application shall be filed in accordance with Section 73-3-3 if the public agency proposes a water reuse that is inconsistent with the underlying water right.

Enacted by Chapter 179, 2006 General Session

Part 3
Approval Process

73-3c-301 Application to the director.
(1)
(a) A public agency proposing a water reuse project shall apply to the director.
(b) Before applying for approval by the director of a water reuse project, the public agency shall obtain conditional approval of the water reuse project by the state engineer under Section 73-3c-302.
(2) The Water Quality Board may make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, governing the consideration and approval by the director of water reuse applications and administration of water reuse construction and operating permits.
(3) Rules made under Subsection (2) shall require that water reuse meet standards and requirements for water quality set by the Water Quality Board in accordance with Title 19, Chapter 5, Water Quality Act.
(4) The director shall issue a written decision for each water reuse application.
(5) The director may approve a water reuse project only after the state engineer has conditionally approved the water reuse project under Section 73-3c-302.

Amended by Chapter 176, 2023 General Session

73-3c-302 Application to the state engineer.
(1)
(a) A public agency proposing a water reuse project shall apply to the state engineer.
(b) The state engineer’s approval of a water reuse project application filed under this section is conditioned on the approval of the director under Section 73-3c-301.
(2) An application for water reuse under Subsection (1) shall be made upon forms furnished by the state engineer and shall include:
(a) the name of the applicant;
(b) a description of the underlying water right;
(c) an evaluation of the underlying water right’s diversion, depletion, and return flow requirements;
(d) the estimated quantity of water to be reused;
(e) the location of the POTW;
(f) the place, purpose, and extent of the proposed water reuse;
(g) an evaluation of depletion from the hydrologic system caused by the water reuse; and
(h) any other information consistent with this chapter that is requested by the state engineer.
(3) An application under Subsection (1) shall include a copy of a reuse authorization contract for water reuse proposed by a public agency for any underlying water right not owned by the public agency.
(4) In considering an application for water reuse, the state engineer shall comply with:
(a) Section 73-3-6;
(b) Section 73-3-7;
(c) Section 73-3-10; and
(d) Section 73-3-14.
(5) In determining whether a proposed water reuse is consistent with the underlying water right, the state engineer shall conclude that a proposed water reuse is consistent with the underlying water right if:
(a) the use of the reuse water does not enlarge the underlying water right; and
(b) any return flow requirement of the underlying water right is satisfied.
(6)
(a) The state engineer shall approve a water reuse application if the state engineer concludes that the proposed water reuse:
(i) is consistent with the underlying water right; and
(ii) for an application in which the water would have otherwise been discharged into a tributary of the Great Salt Lake, includes an adequate replacement plan provided by the applicant.
(b) The state engineer may:
(i) deny an application if the proposed water reuse is inconsistent with the underlying water right; or
(ii) approve the application in part or with conditions to assure consistency with the underlying water right.
(7)
(a) For an application in which the water would have otherwise been discharged into a tributary of the Great Salt Lake, the applicant shall submit a water replacement plan that provides an equivalent amount of water to the Great Salt Lake.
(b) The state engineer may:
(i) approve the application in part or with conditions to assure equivalent replacement of water to the Great Salt Lake; or
(ii) deny an application if the replacement plan cannot assure equivalent replacement of water to the Great Salt Lake.
(8) A public agency with an approved reuse application shall submit a report, as directed by the state engineer, concerning the ongoing water reuse operation.
(9) The state engineer may make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to implement the provisions of this chapter.

Amended by Chapter 176, 2023 General Session

73-3c-303 Inflow of unappropriated water -- Application to appropriate.
          If domestic wastewater inflow to a POTW consists of any unappropriated infiltration water, a person may apply to the state engineer to appropriate the unappropriated infiltration water to a beneficial use in accordance with Section 73-3-8.

Enacted by Chapter 179, 2006 General Session

73-3c-304 Change in point of discharge.
(1) The point of discharge of water from a POTW may be changed if the director determines that a change is necessary:
(a) for treatment purposes;
(b) to enhance environmental quality;
(c) to protect public health, safety, or welfare; or
(d) to comply with:
(i) rules created by the Water Quality Board in accordance with Section 19-5-104; or
(ii) the POTW’s discharge permit.
(2) Before changing the point of discharge from a POTW under Subsection (1), the director shall consult with the state engineer.

Amended by Chapter 176, 2023 General Session

Part 4
Effect of Reuse

73-3c-401 Priority of reuse water.
          If the use of reuse water is consistent with the underlying water right, the priority of the reuse water is the same as the priority of the underlying water right.

Enacted by Chapter 179, 2006 General Session

Chapter 3d
Water Preferences During Emergencies

Part 1
General Provisions

73-3d-101 Definitions.
          As used in this chapter:
(1)”Electric utility” means:
(a)a municipal electric utility, as defined in Section 10-19-102;
(b)an electric interlocal entity, as defined in Section 11-13-103;
(c)an energy services interlocal entity, as defined in Section 11-13-103;
(d)a project entity, as defined in Section 11-13-103;
(e)an electric improvement district, as defined in Section 17B-2a-406; or
(f)an electrical corporation, as defined in Section 54-2-1.
(2)”Local food” means the same as that term is defined in Section 4-1-109.
(3)”Military facility” means an installation, base, air field, camp, post, station, yard, center, or other facility owned, leased, or operated by, or under the jurisdiction of, the United States Department of Defense or the National Guard.
(4)”Person entitled to make a request” means:
(a)the holder of an approved but unperfected application to appropriate water;
(b)the record owner of a perfected water right; or
(c)a person who provides water using an approved but unperfected application or a perfected water right with the written authorization of a person described in Subsection (4)(a) or (b).
(5)”Temporary water shortage emergency” means an interruption of water delivery for which the governor may declare an emergency in accordance with Section 73-3d-201.

Amended by Chapter 152, 2024 General Session

73-3d-102 Scope of chapter.
(1)
(a) The powers vested in the governor under this chapter are in addition to, and not in lieu of, any other emergency powers otherwise statutorily vested in the governor, including the power of the governor to authorize the use of water sources as necessary for fire suppression under Subsection 53-2a-204(1)(o).
(b) An executive order of the governor declaring a temporary water shortage emergency under this chapter is not a declaration of a state of emergency under Section 53-2a-206 and is not subject to Title 53, Chapter 2a, Part 2, Disaster Response and Recovery Act. To exercise an authority granted under Title 53, Chapter 2a, Part 2, Disaster Response and Recovery Act, related to a declaration of a state of emergency, the governor shall issue an executive order that is separate from an executive order declaring a temporary water shortage emergency.
(2) Nothing in this chapter modifies:
(a) the statutory duties of the state engineer under this title; or
(b) except as specifically provided in an executive order declaring a temporary water shortage emergency, Subsection 73-3-1(5)(a) or Section 73-3-21.1.
(3) Nothing in this chapter may be construed to extend or enlarge the powers of the governor except as specifically stated in this chapter.

Enacted by Chapter 126, 2023 General Session

Part 2
Declaration of Temporary Water Shortage Emergency

73-3d-201 Declaration of a temporary water shortage emergency by the governor.
(1)
(a)Subject to the requirements of this section, the governor may declare a temporary water shortage emergency by issuing an executive order if, on the governor’s own initiative or at the request of a person entitled to make a request, the governor determines that an existing or imminent short-term interruption of water delivery in this state caused by manmade or natural causes other than drought:
(i)threatens:
(A)the availability or quality of an essential water supply or water supply infrastructure; or
(B)the operation of the economy; and
(ii)because of the threats described in Subsection (1)(a)(i), jeopardizes the peace, health, safety, or welfare of the people of this state.
(b)The governor may only issue the executive order declaring a temporary water shortage emergency described in Subsection (1)(a):
(i)with the advice and recommendation of the state engineer; and
(ii)in consultation with the emergency management administration council created by Section 53-2a-105.
(c)An executive order issued under this Subsection (1) shall state with specificity:
(i)the nature of the interruption of water supply;
(ii)subject to Subsection (2), the time period for which the temporary water shortage emergency is declared;
(iii)a description of the geographic area that is subject to the executive order;
(iv)a list of the specific persons entitled to make a request who may exercise the preferential use of water under Section 73-3d-301 during the effective period of the temporary water shortage emergency; and
(v)the purposes outlined in Subsection 73-3d-301(1) for which a person who is described in Subsection (1)(c)(iv) may take the water subject to Section 73-3d-301.
(d)Subject to the provisions of Title 13, Chapter 41, Price Controls During Emergencies Act, an executive order issued under this Subsection (1) may not control the distribution or sale price of local food.
(e)Before providing a recommendation to the governor under Subsection (1)(b)(i), the state engineer shall require a person entitled to make a request who is described in Subsection (1)(c)(iv) to provide a written statement describing how the person entitled to make a request has exhausted other reasonable means to acquire water.
(f)A person entitled to make a request who is described in Subsection (1)(c)(iv) may take water preferentially during a temporary water shortage emergency only for a purpose authorized by the executive order.
(g)
(i)Within seven calendar days of the day on which the governor issues an executive order declaring a temporary water shortage emergency, the Legislative Management Committee shall:
(A)review the executive order;
(B)advise the governor on the declaration of a temporary water shortage emergency; and
(C)recommend to the Legislature whether the executive order should be kept as issued by the governor, extended, or terminated.
(ii)The failure of the Legislative Management Committee to meet as required by Subsection (1)(g)(i) does not affect the validity of the executive order declaring a temporary water shortage emergency.
(2)
(a)The governor shall state in an executive order declaring a temporary water shortage emergency the time period for which the temporary water shortage emergency is declared, except that the governor may not declare a temporary water shortage emergency for longer than 30 days after the date the executive order is issued.
(b)The governor may terminate an executive order declaring a temporary water shortage emergency before the expiration of the time period stated in the executive order.
(c)An executive order declaring a temporary water emergency issued by the governor within 30 days of the expiration or termination of a prior executive order for the same emergency is considered an extension subject to Subsection (2)(e).
(d)The Legislature may extend the time period of an executive order declaring a temporary water shortage emergency by joint resolution, except that the Legislature may not extend a temporary water shortage emergency for longer than one year from the day on which the executive order declaring a temporary water shortage emergency is issued.
(e)An executive order declaring a temporary water shortage emergency may be renewed or extended only by joint resolution of the Legislature.

Amended by Chapter 152, 2024 General Session
Amended by Chapter 506, 2024 General Session

73-3d-202 Existing agencies to be used in implementation.
          The governor shall use, to the extent practicable, existing state boards, commissions, or agencies, or officers or employees for the purpose of carrying out this chapter.

Enacted by Chapter 126, 2023 General Session

Part 3
Preferences Under a Temporary Water Shortage Emergency

73-3d-301 Preferences between persons using water.
(1) Notwithstanding Section 73-3-21.1, if the governor issues an executive order declaring a temporary water shortage emergency under this chapter:
(a) use of water is preferred over other water use during the time period of the temporary water shortage emergency under the executive order if the water is used in accordance with the executive order:
(i) for one or more of the following purposes, with preference exercised in the order listed:
(A) drinking;
(B) sanitation;
(C) fire suppression;
(D) commercial agriculture animal welfare needs; or
(E) generation of electricity; and
(ii) by one of the following:
(A) a public water supplier, as defined in Section 73-1-4;
(B) a military facility that was in operation on March 10, 2011;
(C) a commercial agriculture operation for purposes described in Subsection (1)(a)(i)(D); or
(D) an electric utility; and
(b) use of water for agricultural purposes, including irrigation, livestock watering, or food processing, is preferred over other rights, except as provided in Subsection (1)(a).
(2) A preference for fire suppression under Subsection (1) is in addition to the governor’s authorization to use water sources as necessary for fire suppression under Subsection 53-2a-204(1)(o).
(3) The state engineer shall determine, consistent with the executive order declaring a temporary water shortage emergency, through a priority schedule, which water rights a person specified in the executive order as required by Subsection 73-3d-201(1)(c)(iv) may interrupt for purposes of this section.
(4)
(a) A person entitled to make a request who uses water preferentially during a temporary water shortage emergency shall measure the water taken preferentially during the temporary water shortage emergency.
(b) A duty to measure under this Subsection (4) does not replace or modify any other duty to measure water under this title or rules made under this title.

Enacted by Chapter 126, 2023 General Session

73-3d-302 Emergency planning by a person requesting the declaration of a temporary water shortage emergency.
          A person entitled to make a request seeking a preference under Section 73-3d-301 by requesting that the governor declare a temporary water shortage emergency may exercise a preference under Section 73-3d-301 only if:
(1)
(a) the person entitled to make a request adopts an emergency response plan before the declaration of a temporary water shortage emergency if the person entitled to make a request is a community water system, as defined in Section 19-4-102, serving a population of more than 3,300; or
(b) the governor includes a statement in the executive order that the person entitled to make a request is eligible to exercise a preference under Section 73-3d-301 notwithstanding that the person entitled to make a request who is described in Subsection (1)(a) has not adopted an emergency response plan before the declaration of a temporary water shortage emergency; or
(2) the person entitled to make a request is not described in Subsection (1)(a).

Enacted by Chapter 126, 2023 General Session

Part 4
Compensation

73-3d-401 Definitions.
          As used in this part:
(1) “Arbitration” means a private hearing before a neutral or panel of neutrals from the department who hear the evidence, consider the contentions of the parties, and enters a written award to resolve the issues presented.
(2) “Commission” means the Conservation Commission created in Section 4-18-104.
(3) “Consequential damages” means the losses or injuries from the exercise of a preference under this chapter that result in material losses to an interrupted user and that are reasonably foreseeable to someone familiar with the industry where use is being made of the water at the time the preference is exercised, including:
(a) loss of sales or operating revenue;
(b) damage to equipment; or
(c) damage to capital facilities or operational assets.
(4) “Department” means the Department of Agriculture and Food.
(5) “Fund” means the Agriculture Resource Development Fund created in Section 4-18-106.
(6) “Interrupted user” means a person whose beneficial use of water is interrupted by the preferential use of water under this chapter, and is:
(a) the holder or lessee of an approved application to appropriate water that is interrupted;
(b) the record or equitable holder or lessee of a perfected water right that is interrupted; or
(c) the owner, lessor, or lessee of a right to use water that is represented by shares of stock in a mutual water company whose water rights are interrupted.
(7) “Mediation” means a private forum in which one or more impartial persons from the department facilitate communication between the interrupted user and the preferential user to promote a mutually acceptable resolution or settlement.
(8) “Preferential user” means a person specified in the executive order declaring a temporary water shortage emergency who uses water preferentially during the temporary water shortage emergency.

Enacted by Chapter 126, 2023 General Session

73-3d-402 Payment of compensation.
(1)
(a) A preferential user shall pay an interrupted user an amount equal to the total of the following:
(i) the reasonable value of the water interrupted by the preferential use;
(ii) applicable crop losses;
(iii) other consequential damages incurred as a result of the interruption; and
(iv) interest on the amounts described in Subsections (1)(a)(i), (ii), and (iii) in the amount of 8% per annum.
(b) Interest described in Subsection (1)(a)(iv) shall start the day on which the preferential user first begins to take water preferentially.
(c) A preferential user shall pay an interrupted user the amount described in Subsection (1)(a) by the later of 30 days from the day on which:
(i) the preferential user stops diverting water preferentially under this chapter; or
(ii) mediation or arbitration under Subsection (2) is complete.
(d)
(i) Once an interrupted user informs the preferential user of the amount owed under Subsection (1)(a), the preferential user has the burden of proof to prove, by a preponderance of the evidence, that an amount different from that asserted by the interrupted user is owed under Subsection (1)(a).
(ii) The burden of proof described in this Subsection (1)(d) applies throughout the process of paying compensation, including during mediation, arbitration, or a court action.
(2)
(a)
(i) If the interrupted user or the preferential user requests mediation, the department shall mediate a dispute over the application of this section.
(ii) If the interrupted user and the preferential user jointly request arbitration, the department shall arbitrate a dispute over the application of this section.
(b) In conducting mediation under this Subsection (2), Title 78B, Chapter 10, Utah Uniform Mediation Act, applies.
(c)
(i) In conducting arbitration under this Subsection (2), the department shall follow the Title 78B, Chapter 11, Utah Uniform Arbitration Act.
(ii) In applying Title 78B, Chapter 11, Utah Uniform Arbitration Act, the arbitrator and parties shall treat the matter as if:
(A) the arbitration was ordered by a court; and
(B) the department was appointed as arbitrator by the court.
(iii) For the purpose of an arbitration conducted under this section, if the dispute to be arbitrated is not already the subject of legal action, the district court having jurisdiction over the county where the preferential use of water involved in the dispute is located is the court referred to in Title 78B, Chapter 11, Utah Uniform Arbitration Act.
(iv) Arbitration by the department is not necessary before bringing legal action to adjudicate a claim under this section. The lack of arbitration by the department does not constitute, and may not be interpreted as constituting, a failure to exhaust available administrative remedies or as a bar to bringing legal action.
(v) Arbitration under this section is not subject to Title 63G, Chapter 4, Administrative Procedures Act, or Title 78B, Chapter 6, Part 2, Alternative Dispute Resolution Act.
(vi) Within 30 days after an arbitrator issues a final award, any party to the arbitration may submit the dispute, the award, or any issue upon which the award is based, to the district court for review by trial de novo unless the parties agree in advance of arbitration that the arbitration is binding and that no de novo review may occur.
(3)
(a) If the persons described in Subsection (2) participate in mediation or arbitration under Subsection (2), at the conclusion of the mediation or arbitration, the preferential user shall pay the interrupted user an amount equal to the lesser of:
(i) the amount of actual attorney fees incurred; or
(ii) $15,000.
(b) An interrupted user or preferential user may not seek mediation or arbitration by the Office of the Property Rights Ombudsman under Title 13, Chapter 43, Property Rights Ombudsman Act.
(4) In an action when the court is asked to determine the amount described in Subsection (1), the court shall award costs and reasonable attorney fees:
(a) to the interrupted user if the preferential user declines to participate in mediation or arbitration under Subsection (2);
(b) to the preferential user if the interrupted user declines to participate in mediation or arbitration under Subsection (2);
(c) to the interrupted user if the amount determined by the court is 85% or more of:
(i) the final amount offered by the interrupted user as part of the mediation described in Subsection (2)(a); or
(ii) the final amount determined by the department as a result of arbitration described in Subsection (2); and
(d) to the preferential user if the amount determined by the court is less than 85% of:
(i) the final amount offered by the interrupted user as part of the mediation described in Subsection (2)(a); or
(ii) the final amount determined by the department as a result of arbitration described in Subsection (2).
(5)
(a) In accordance with this Subsection (5), an interrupted user may apply for one or more 0% interest loans from the commission to compensate the interrupted user while the interrupted user is waiting to be compensated by the preferential user under this section.
(b) Before the commission may make a loan under this Subsection (5) to an interrupted user, the interrupted user shall apply for the loan by:
(i) providing information sufficient to establish to the satisfaction of the commission:
(A) the basis by which the person is entitled to use of the water;
(B) the use of water that would have been made by the person without the interruption;
(C) the length of the interruption;
(D) a good faith estimate of the amount of water the person entitled to the use of water would otherwise have made;
(E) the losses and consequential damages incurred as a result of the interruption; and
(F) whether the interrupted user has previously received a loan under this Subsection (5) for the same interruption of water use;
(ii) agreeing in writing to repay the amount of a loan within 30 days of the day on which the interrupted user is paid in full by the preferential user; and
(iii) providing any other information required by rules made by the department in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
(c)
(i) Once the commission obtains a complete application under Subsection (5)(b), the commission shall determine whether the interrupted user is eligible for a loan and the amount to be loaned using reliable third-party market and producer information, when available, as close as possible to the beginning date of the water delivery interruption, except that a single loan may not exceed $150,000.
(ii) For agriculture commodities, the commission may determine unit prices and base adjustments by using:
(A) applicable United States Department of Agriculture crop pricing data sets;
(B) Utah State University Extension data sets; and
(C) publications, fact sheets, and enterprise budgets data sets published by a university.
(iii) For agriculture commodities, the commission may consider documents filed under Subsection (5)(b) to establish historical production records provided by the interrupted user.
(iv) For nonagricultural products or services, the commission may determine the loan amount using information from:
(A) other state agencies;
(B) federal agencies; and
(C) industry leaders within the state associated with the goods or service forgone by the interrupted user.
(v) For nonagricultural products or services, the commission shall determine the quantity of units of nonagricultural good and services during the temporary water shortage emergency by using:
(A) industry standards, if available; or
(B) recent product or service records.
(d) The commission may issue a loan to an interrupted user only to the extent that there is money in the fund and the limit on outstanding loans from the fund under Subsection 4-18-106(6) has not been met. The commission shall issue loans from the fund in the order that an interrupted user submits a completed application for the loan.
(e) An interrupted user who receives a loan under this Subsection (5) shall repay the amount of the loan within 30 days of the day on which the interrupted user is paid in full by the preferential user.
(6)
(a) If the department determines that the preferential user fails to comply with Subsection (1), the department may bring suit in a court of competent jurisdiction to require a preferential user to reimburse the fund for a loan issued under Subsection (5) that is based on the use of the water by the preferential user.
(b) If the department determines that an interrupted user fails to repay a loan in accordance with Subsection (5), the department may bring suit in a court of competent jurisdiction to require repayment of the loan.
(c) If the department prevails in an action brought under this Subsection (6), the department may recover amounts owed, court costs, and reasonable attorney fees.
(7) The department shall establish by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, procedures to:
(a) request mediation or arbitration under this section;
(b) apply for a loan under Subsection (5);
(c) determine the amount to be loaned to an interrupted user under Subsection (5); and
(d) provide for the repayment of a loan issued under Subsection (5).

Enacted by Chapter 126, 2023 General Session

73-3d-403 Security requirements.
(1) As a condition of participating in mediation or arbitration under Section 73-3d-402, a person specified in the executive order declaring a temporary water shortage emergency shall post with the department a corporate surety bond, irrevocable letter of credit, trust fund agreement, or any other security agreement considered reasonable in an amount not less than $100,000.
(2) The bond or other security posted shall be conditioned upon:
(a) the faithful performance in mediation or arbitration; and
(b) the payment of amounts owed under Section 73-3d-402.
(3) If the department determines that the conditions of Subsection (2) are not met, the commissioner of the department shall bring an action upon the bond or other security.

Enacted by Chapter 126, 2023 General Session

Chapter 4
Determination of Water Rights

73-4-1 Action for a general adjudication of water rights -- Requirements for state engineer to file -- Adjudication area divisions.
(1)
(a) Five or more, or a majority of, water users of a water source may submit a signed, verified petition to the state engineer requesting an investigation of the rights of all claimants to the water of the water source.
(b) Upon receipt of a petition described in Subsection (1)(a), the state engineer shall:
(i) investigate whether the facts and circumstances of the water source and its claimants justify a general determination of water rights; and
(ii) if justified, file an action in the district court for a general adjudication of water rights.
(c) In any suit involving water rights the court may order an investigation by the state engineer of all the water rights on the source or system involved, as provided in this chapter.
(2)
(a) The executive director of the Department of Environmental Quality, with the concurrence of the governor, may request that the state engineer file in the district court an action to determine the various water rights in the stream, water source, or basin for an area within the exterior boundaries of the state for which any person or organization or the federal government is actively pursuing or processing a license application for a storage facility or transfer facility for high-level nuclear waste or greater than class C radioactive waste.
(b) Upon receipt of a request made under Subsection (2)(a), the state engineer shall file an action in the district court for a general adjudication of water rights.
(c) If a general adjudication is filed in the state district court regarding the area requested pursuant to Subsection (2)(a), the state engineer and the state attorney general shall join the United States as a party to the action.
(3) When an action for a general adjudication of water rights for a certain area is filed in district court, the state engineer may divide the general adjudication area into divisions and subdivisions if the state engineer:
(a) fulfills the requirements of this chapter individually for each division or subdivision; and
(b) petitions the court to incorporate the decrees for all the divisions and subdivisions within a general adjudication area into a final decree for the entire general adjudication area.

Amended by Chapter 72, 2016 General Session

73-4-2 Interstate streams.
          For the purpose of co-operating with the state engineers of adjoining states in the determination and administration of rights to interstate waters and for such other purposes as the state engineer may deem expedient, the state engineer, with the approval of the executive director and the governor, is authorized to initiate and to join in suits for the adjudication of such rights in the federal courts and in the courts of other states without requiring a petition of water users as provided by Section 73-4-1. The state engineer, with the approval of the executive director and the governor, may also commence, prosecute and defend suits to adjudicate interstate waters on behalf of this state or its citizens in the courts of other states, in federal courts, and in the Supreme Court of the United States.

Amended by Chapter 365, 2024 General Session

73-4-3 Notice and procedure for general adjudication of water rights -- Statements of claim -- Incomplete records.
(1) Upon the filing of any action by the state engineer as provided in Section 73-4-1, or by any person claiming the right to use the waters of any river system, lake, underground water basin, or other natural source of supply that involves a determination of the rights to the major part of the water of the source of supply or the rights of 10 or more of the claimants of the source of supply, the clerk of the district court shall notify the state engineer that a suit has been filed.
(2)
(a) The state engineer then shall, for each general adjudication area, division, or subdivision, give notice of commencement of action to the claimants by publishing notice:
(i) once a week for two consecutive weeks in a newspaper designated by the court as most likely to give notice to such claimants; and
(ii) in accordance with Section 45-1-101 for two weeks.
(b) The notice of commencement of action shall state:
(i) an action has been filed;
(ii) the name of the action;
(iii) the name and location of the court in which the action is pending; and
(iv) the name or description of the water source involved.
(c) The state engineer shall file proof of the publication of notice of commencement of action with the district court.
(3) The state engineer shall, for each general adjudication area, division, or subdivision, search the records of the state engineer’s office to identify all possible claimants, and continue to update the records during the adjudication and search for additional claimants.
(4) In accordance with Section 73-4-4, the state engineer shall serve a summons to each claimant of record in the state engineer’s office within a general adjudication area, division, or subdivision.
(5)
(a) After serving summons to a claimant, the state engineer shall give notice of further proceedings to:
(i) the claimant; and
(ii) an attorney who enters an appearance in court for the claimant.
(b) A court order is not required as a prerequisite for giving notice under Subsection (5)(a).
(c) The state engineer shall give the notice described in Subsection (5)(a):
(i) electronically, if the state engineer can verify the claimant’s receipt;
(ii) by mail;
(iii) by personal service; or
(iv) if the notice is for the benefit of the claimants generally, by publishing the notice.
(d) Notice given by mail is complete when the notice is mailed.
(6) Except as provided in Subsection (8)(d)(ii), if the state engineer serves a notice required by this chapter, the state engineer shall, before the day on which the final decree for the general adjudication area, division, or subdivision is filed, file with the district court a certificate of service that contains the name and address of the claimant served with the notice.
(7) After publishing notice of commencement of an action, the state engineer shall hold a public meeting in the general adjudication area, division, or subdivision to inform a water right claimant of the general adjudication process.
(8)
(a) After the public meeting described in Subsection (7), the state engineer shall give notice to each claimant, in accordance with Subsection (5), of the time for filing statements of claim.
(b) The notice described in Subsection (8)(a) shall include:
(i) a statement that:
(A) a claimant who desires to claim a water right in the action shall, in accordance with Section 73-4-5, submit a written or electronic statement of claim within 90 days after the day on which the notice is issued; and
(B) failure to file a timely statement of claim, as described in Section 73-4-5, constitutes a default and a judgment may be entered declaring that the claimant has no right to the use of water not claimed; and
(ii) instructions describing how to obtain or access a statement of claim form that the claimant must complete in order to comply with the provisions of Section 73-4-5.
(c) A claimant served with the notice described in Subsection (8)(a) who desires to claim a water right in the action shall file a written or electronic statement of claim in accordance with Section 73-4-5.
(d)
(i) The state engineer shall compile the statements of claim described in Subsection (8)(c), together with any extensions of time granted by the state engineer as provided by Section 73-4-10, and file them with the district court contemporaneously with the list of unclaimed rights of record, as described in Section 73-4-9.5.
(ii) If the state engineer files a claimant’s statement of claim with the district court in accordance with Subsection (8)(d)(i), the state engineer is not required to file a certificate of service that relates to the notice described in Subsection (8)(a) for that claimant.
(9) The state engineer shall examine the records of the state engineer’s office with respect to the water source involved, and if the records are incomplete, make further investigation as may be necessary to identify potential claimants as required by this section.
(10) In all such cases the court shall proceed to determine the water rights involved in the manner provided by this chapter, and not otherwise.

Amended by Chapter 72, 2016 General Session

73-4-4 Summons for general adjudication of water rights -- Requirements to serve summons individually and generally -- Statement of claim requirement.
(1)
(a) The state engineer shall, by mail, serve a summons to a claimant of record in the state engineer’s office within a general adjudication area, division, or subdivision.
(b)
(i) The state engineer may serve, by publication, a general summons to claimants in a general adjudication area, division, or subdivision, who are not of record in the state engineer’s office, if the state engineer files an affidavit with the district court, verifying that the state engineer has, in accordance with Section 73-4-3, searched the records of the state engineer’s office for claimants in the general adjudication area, division, or subdivision.
(ii) The state engineer shall publish, in accordance with the Utah Rules of Civil Procedure, a general summons described in Subsection (1)(b)(i):
(A) once a week for five successive weeks in one or more newspapers, determined by the judge of the district court as most likely to give notice to the claimants served; and
(B) for five weeks, in accordance with Section 45-1-101.
(iii) Service of a general summons is completed upon the last required date of publication.
(c) The summons shall be substantially in the following form:
          “In the District Court of .......... County, State of Utah, in the matter of the general adjudication of water rights in the described water source.
SUMMONS
          The State of Utah to the said defendant:
          You are hereby summoned in the above entitled action which is brought for the purpose of making a general determination of the water rights of the described water source.  Upon the service of this summons upon you, you will thereafter be subject to the jurisdiction of the entitled court and, if you have or intend to claim a water right, it shall be your duty to follow further proceedings in the above entitled action and to defend and protect your water rights therein. The state engineer will give a further notice sent to your last-known address, that you must file a statement of claim in this action setting forth the nature of your claim, and said notice will specify the date upon which your statement of claim is due and thereafter you must file said claim within the time set and your failure so to do will constitute a default in the premises and a judgment may be entered against you declaring that you have no right to the use of water not claimed.”
(2) If the state engineer is required, under this section, to serve a summons on the United States, the state engineer shall serve the summons in accordance with federal law.

Amended by Chapter 348, 2018 General Session

73-4-5 Requirements for statement of claim in general adjudication of water rights.
(1) Except as provided in Subsection (2), each person claiming a right to use water of a river system or water source shall, within 90 days after the day on which notice of the time to file statements of claim as described in Section 73-4-3 is served, file with the state engineer or the district court a written or electronic statement of claim, signed, and verified under oath, by the claimant, or by unsworn declaration as described in Title 78B, Chapter 18a, Uniform Unsworn Declarations Act, that includes:
(a) the name and address of the claimant;
(b) the nature and measure of beneficial use on which the claim is based;
(c) the maximum flow of water used in cubic feet per second, the maximum volume of water used in acre-feet, or the quantity of water stored in acre-feet, as applicable;
(d) the period of time during which the water is used each year;
(e) the period of time during which the water is stored each year, if applicable;
(f) the name of the stream or other source from which the water is diverted, the point on the stream or source where the water is diverted, and a description of the nature of the diverting works;
(g) the water right number associated with the claimed right or, if not of record in the state engineer’s office, evidence sufficient to enable the state engineer to evaluate the basis of the claimed right, including the information listed in Subsections 73-5-13(2)(a) and (c);
(h) the claimed priority date;
(i) the place and manner of current use; and
(j) other facts that clearly define the extent, limits, and nature of the claim, or that are required by the written or electronic form provided by the state engineer with the notice of the time to file statements of claim.
(2)
(a) The state engineer may serve on a claimant, by mail, a request for additional information supporting the elements of the claimant’s claim.
(b) A claimant shall serve the state engineer with a written response within 30 days after the day on which the state engineer serves the request for additional information, unless the state engineer and the claimant agree in writing to extend the time to respond.
(c) A request for additional information described in Subsection (2)(a) shall contain a notice advising the claimant that:
(i) the claimant has 30 days to respond to the request for additional information; and
(ii) failure to timely provide the information requested by the state engineer may result in the state engineer making a recommendation to the court, based on the state engineer’s knowledge of the claim at the time the state engineer makes the recommendation, which may be a recommendation that the court disallow the claimant’s claim.
(d) If a claimant does not timely respond to a notice of request for additional information, the state engineer may make, in the proposed determination, a recommendation on the claimant’s claim that is based on the information available to the state engineer at the time of the proposed determination, which may be a recommendation that the court disallow the claimant’s claim.
(3) A person claiming a right to the use of water, as described in Subsection (1):
(a) may request an extension of time as described in Section 73-4-10; and
(b) shall file the statement described in Subsection (1) on or before the granted extension date, if an extension is granted pursuant to Section 73-4-10.

Amended by Chapter 71, 2022 General Session

73-4-9 Failure to file a statement of claim.
(1) The filing of each statement of claim shall be considered notice to all persons of the claim of the party making the same, and failing to make and deliver such statement of claim to the state engineer or the district court within the time prescribed by Section 73-4-5, or as extended pursuant to Section 73-4-10, shall be considered evidence of an intent to abandon the right.
(2) If a claimant fails to timely file a statement of claim, as provided in this chapter, for a right not of record in the state engineer’s office, the claimant is forever barred and estopped from subsequently asserting the unclaimed right.
(3) If the state engineer receives an untimely statement of claim, the state engineer shall return the claim to the claimant without further action.
(4) If an untimely statement of claim is filed with the court, the state engineer shall take no further action unless a claimant’s failure to file a timely claim is excused pursuant to Subsection 73-4-9.5(3).
(5) Subsections (3) and (4) apply whether the untimely claim is asserted pursuant to Section 73-4-5 or 73-5-13.

Amended by Chapter 348, 2018 General Session

73-4-9.5 List of unclaimed rights of record.
(1) After the last day on which a claimant may file a statement of claim in accordance with Section 73-4-5, the state engineer shall:
(a) file with the court a list of unclaimed rights of record listing each water right of record in the state engineer’s office for which a statement of claim was not timely filed, that includes:
(i) the water right number;
(ii) the point of diversion; and
(iii) the owner of the water right as recognized in the state engineer’s records;
(b) serve notice of the list of unclaimed rights of record on all identified potential claimants that were served with a summons, in the same manner as provided in Subsection 73-4-11(1)(c); and
(c) hold a public meeting in the area covered by the division or subdivision to explain the list of unclaimed rights of record.
(2) A claimant who desires to object to the state engineer’s list of unclaimed rights of record shall, within 90 days of the day on which the state engineer served the potential claimant notice of the list of unclaimed rights of record, file:
(a) a written objection to the list of unclaimed rights of record with the district court; and
(b) a statement of claim, as provided in this chapter, with the district court and the state engineer.
(3) The state engineer shall evaluate and make a recommendation in the proposed determination for a water right placed on the list of unclaimed rights of record if:
(a) the claimant files a timely objection to the list of unclaimed rights in accordance with Subsection (2); and
(b) the court determines that a claimant’s failure to file a timely statement of claim is excused by:
(i) circumstances beyond the claimant’s control;
(ii) mistake; or
(iii) any other reason justifying relief.
(4) If a claimant fails to file a timely statement of claim, as provided in this chapter, for a right of record in the state engineer’s office and the failure to file a timely claim is not excused by the court as provided in Subsection (3), the claimant is forever barred and estopped from asserting the right to the use of water included in the list and the right shall be considered abandoned.
(5) After resolving all objections to the list of unclaimed rights of record, the court shall render a judgment for the list of unclaimed rights of record that:
(a) identifies any water rights on the list of unclaimed rights that are not abandoned because the court excuses the failure to file a statement of claim as provided in Subsection (3);
(b) adjudges the unclaimed rights abandoned; and
(c) may prohibit future claims from being filed for rights not of record in the state engineer’s office, under this chapter and Section 73-5-13, in the general adjudication area, division, or subdivision.

Enacted by Chapter 72, 2016 General Session

73-4-10 Amendment of pleadings -- Extensions of time.
(1) The court shall have power to allow amendments to any petition, statement of claim, or pleading and to extend, upon due cause shown, the time for filing any other pleading, statement of claim, report, or objection.
(2) If the claimant files a written request for an extension of time to file a statement of claim within the 90-day period to file a statement of claim, the state engineer shall grant one 30-day extension, in writing.

Amended by Chapter 72, 2016 General Session

73-4-11 Proposed determination by engineer to court -- Hydrographic survey map -- Notice -- Public meeting.
(1) After full consideration of the statements of claims, records, and files, and after an examination of the river system or water source involved, the state engineer shall for the general adjudication area, division, or subdivision:
(a) complete a hydrographic survey map;
(b) prepare a proposed determination of all rights to the use of the water and file it with the district court;
(c) serve notice of completion of the proposed determination by publication and by mail, in accordance with Subsection 73-4-3(5), to each claimant of record in the state engineer’s office within the general adjudication area, division, or subdivision, that includes:
(i)
(A) a copy of the proposed determination; or
(B) instructions on how to obtain or access an electronic copy of the proposed determination; and
(ii) a statement describing the claimant’s right to file an objection to the proposed determination within 90 days after the day on which the notice of completion of the proposed determination is served; and
(d) hold a public meeting in the area, division, or subdivision covered by the proposed determination to explain the proposed determination to the claimants.
(2) A claimant who desires to object to the state engineer’s proposed determination or an addendum to a proposed determination shall, within 90 days after the day on which the state engineer served the claimant with notice of completion of the proposed determination, file with the district court a short and plain written:
(a) statement showing that the claimant is entitled to relief, identifying the elements of the proposed determination to which the claimant objects; and
(b) demand for relief.
(3) The state engineer shall distribute the waters from the natural streams or other natural sources:
(a) in accordance with the proposed determination or modification to the proposed determination by court order until a final decree is rendered by the court; or
(b) if the right to the use of the waters has been decreed or adjudicated, in accordance with the decree until the decree is reversed, modified, vacated, or otherwise legally set aside.
(4) Following the proposed determination, the state engineer may prepare and file one or more addenda to one or more proposed determinations, provided the state engineer:
(a) files the addendum with the court;
(b) in the preamble, provides an explanation of the issues addressed in the addendum;
(c) serves the addendum, in the same manner as provided in Subsection (1)(c), on each owner of record, according to the state engineer’s records, of a perfected water right authorizing the diversion of water from within the area, division, or subdivision covered by the addendum; and
(d) holds a public meeting in the same manner as provided in Subsection (1)(d).

Amended by Chapter 59, 2020 General Session

73-4-12 Judgment -- In absence of contest.
(1) If no contest on the part of any claimant shall have been filed, the court shall render a judgment in accordance with such proposed determination, which shall:
(a) determine and establish the rights to the use of the water of said river system or water source; and
(b) set forth:
(i) the name of the person entitled to the use of the water;
(ii) the quantity of water in acre-feet or the flow of water in second-feet;
(iii) the time during which the water is to be used each year;
(iv) the name of the stream or other source from which the water is diverted;
(v) the point on the stream or other source where the water is diverted;
(vi) the priority date of the right; and
(vii) any other matters as will fully and completely define the rights of said claimants to the use of the water.
(2)
(a) The state engineer may seek an interlocutory judgment from the court on the rights to the use of water described in the proposed determination to which no contest or objection is filed.
(b) An interlocutory judgment entered by the court is binding on the state engineer and each claimant until a final judgment is entered under Section 73-4-15.

Amended by Chapter 71, 2022 General Session

73-4-13 In case of contest -- Notice of hearing.
          If any contest or objection on the part of any claimant shall have been filed, as in this chapter provided, the court shall give not less than 15 days’ notice to all claimants, stating when and where the matter will be heard.

No Change Since 1953

73-4-14 Pleadings -- Expert assistance for court.
(1) The statements of claim shall stand in the place of pleadings, and issues may be made thereon.
(2) Whenever requested so to do the state engineer shall furnish the court with any information which the state engineer may possess, or copies of any of the records of the state engineer’s office which relate to the water of said river system or water source.
(3) The court may appoint referees, masters, engineers, soil specialists, or other persons.
(4) In all proceedings for the determination of the rights of claimants to the water of a river system or water source, the filed statements of claim shall be competent evidence of the facts stated therein unless the same are put in issue.

Amended by Chapter 72, 2016 General Session

73-4-15 Judgment after hearing.
          Upon the completion of the hearing, after objections filed, the court shall enter judgment that shall determine and establish the rights to the use of the water of the river system or water source as provided in Section 73-4-12.

Amended by Chapter 72, 2016 General Session

73-4-16 Appeals.
(1) There is a right of appeal from a final judgment of the district court to the Supreme Court as provided in Section 78A-3-102.
(2)
(a) There is a right of appeal to the Supreme Court from a district court order, judgment, or decree that resolves an objection filed in accordance with Section 73-4-9.5 or 73-4-11.
(b) The entry of a decree for a general adjudication area, division, or subdivision described in Section 73-4-1 is not a prerequisite to exercise the right to appeal described in Subsection (2)(a).
(3) The appeal shall be upon the record made in the district court, and may as in equity cases be on questions of both law and fact.

Amended by Chapter 158, 2019 General Session

73-4-17 Certified copy of final judgment -- Filing.
          Within 30 days after the entry of final judgment of the district court, or if an appeal is taken from a district court judgment, within 30 days after the final judgment on remittitur is entered, it shall be the duty of the clerk of the district court to deliver to the state engineer a certified copy of such judgment and to cause a certified copy thereof to be filed with the county recorder of each county in which the water adjudicated is diverted from its natural source and of each county where the water is applied.  No filing fee shall be charged by either the state engineer or the county recorder.

Amended by Chapter 127, 1992 General Session

73-4-18 General determination in court’s discretion -- State to be made a party.
          Whenever any civil action is commenced in the district court involving fewer than 10 water claimants or less than the major part of the rights to the use of water from any river system, lake, underground water basin, or other source, the court in its discretion may, if a general determination of the rights to the use of water from said water source has not already been made, proceed, as in this chapter provided, to make such a general determination. In any such action for the determination of water rights the state of Utah shall be joined as a necessary party.

No Change Since 1953

73-4-19 Redetermination -- Bond of applicant.
          Wherever a general determination of water rights upon any river system or water source has been made by the district court, any claimant to the use of water from such river system or water source seeking a redetermination of water rights upon such river system or water source shall, before commencing any action for such redetermination or for the revision of any final judgment other than as provided in Section 73-4-1, furnish to the court in which such action is commenced and before the filing of any petition or complaint for such purpose, a good and sufficient bond, in a form and with sureties approved by the court, in a sum fixed by the court at least equal to twice the estimated costs which may arise in such action, conditioned that if final judgment after hearing, or after appeal should appeal be taken, is awarded against such claimant, then such claimant will pay all costs arising in such action and all damages to other parties thereto arising therefrom.

No Change Since 1953

73-4-20 Revolving fund -- Money expended not assessable against water users -- Transfer of unexpended money to adjudication fund -- Payment of costs of determinations -- Money expended from adjudication fund not assessable against water users -- Surplus to remain in adjudication fund.
          Money heretofore expended from the state engineer’s revolving fund in pending adjudications shall not be assessable against the water users. All money remaining and unexpended in the state engineer’s revolving fund as of July 1, 1953, including money appropriated to the revolving fund for the biennium ending June 30, 1955, shall be transferred to a fund of the state engineer to be known as the adjudication fund. The revolving fund shall be closed out upon such transfer of money. The state engineer shall pay all costs of determinations with money appropriated to the office of the state engineer and deposited in the adjudication fund and with money transferred to such fund as provided above. The money expended from such fund shall not be assessable against the water users. Any money remaining in such fund at the end of the biennium shall not revert to the general fund but shall remain in the adjudication fund until expended.

Amended by Chapter 131, 1953 Special Session C

73-4-21 Duty to update address and ownership -- Duty to follow court proceedings -- Additional notice.
(1) After the service of summons in the manner prescribed by Section 73-4-4, it shall be the duty of every person served individually or by publication to:
(a) record any change in address or water right ownership with the state engineer; and
(b) follow all court proceedings.
(2) Except as provided in Subsection (3), the state engineer is not required to provide any further or additional notice except the notice:
(a) that the statement of claim is due as prescribed by Section 73-4-3;
(b) of the list of unclaimed rights of record, as described in Section 73-4-9.5; and
(c) of the proposed determinations as provided by Section 73-4-11.
(3) The district court may require notice of other proceedings to be given when, in the judgment of the court, it considers notice necessary.

Amended by Chapter 72, 2016 General Session

73-4-22 State engineer’s duty to search records for and serve summons on claimants -- Filing of affidavit -- Publication of summons -- Binding on unknown claimants.
(1) The state engineer, throughout the pendency of proceedings, shall serve summons in the manner prescribed by Section 73-4-4 upon all claimants to the use of water in the described source embraced by said action, whenever the names and addresses of said persons come to the attention of the state engineer.
(2) Immediately after the notice of the list of unclaimed rights of record is given, in accordance with Section 73-4-9.5 hereof, the state engineer shall diligently search for the names and addresses of any claimants to water in the source covered by the general adjudication area, division, or subdivision who have not been previously served with summons other than by publication, and shall serve summons on any such persons located.
(3)
(a) After the state engineer has exhausted the search for other claimants, as described in Subsection (2), the state engineer shall:
(i) make such fact known to the district court by affidavit; and
(ii) in accordance with Subsection (3)(b), publish summons five times, once each week, for five successive weeks.
(b) A summons described in Subsection (3)(a)(ii) shall be substantially in the following form:
          “In the District Court of .......... County, State of Utah, in the matter of the general adjudication of water rights in the described water source.
                                                  SUMMONS
          The State of Utah to the said defendant:
          You are hereby summoned in the above entitled action, which is brought for the purpose of making a general determination of the water rights of the described water source. Upon the service of this summons on you, you will thereafter be subject to the jurisdiction of the entitled court and, if you have or intend to claim a water right, it shall be your duty to follow further proceedings in the above entitled action and to defend and protect your water rights therein. If you have not been served with summons other than by publication in a newspaper and you claim a water right for which you have not previously filed a statement of claim, you must file a statement of claim in accordance with Section 73-4-5 in this action setting forth the nature of your claim within 90 days after the last date of publication of this summons. Your failure to do so will constitute a default in the premises and a judgment may be entered against you declaring and adjudging that you have forfeited all rights to the use of water within the described water source and that you are forever barred and estopped from subsequently asserting any right to the use of water not claimed.”
(4) An unknown claimant who has not been served with a summons other than by publication in a newspaper and has or intends to claim a water right, shall file a statement of claim in accordance with Section 73-4-5 within 90 days after the last day on which a summons is published as described in Subsection (3)(a)(ii).
(5) Service of the published summons described in Subsection (3)(a)(ii) is binding on all unknown claimants.

Amended by Chapter 158, 2019 General Session

73-4-23 Effective date of amendatory act -- Application to pending suits -- State engineer’s certificate.
          This act shall be effective 60 days from its enactment and shall apply to all suits now pending under Title 73, Chapter 4, Determination of Water Rights, Utah Code Annotated 1953, except those proceedings under which the state engineer has by the effective date hereof completed the state engineer’s survey, and it is expressly provided that those actions where the state engineer has by the effective date of this act completed the state engineer’s survey may proceed to completion under the procedure prescribed by the statutes heretofore existing. The state engineer shall within 10 days after the effective date of this act file with the clerk of the court in each action then pending under Title 73, Chapter 4, Determination of Water Rights, Utah Code Annotated 1953, a certificate under the seal of the state engineer’s office stating whether or not the state engineer has completed the survey so that all persons will have notice and can know whether or not this act is applicable to such existing suit.

Amended by Chapter 365, 2024 General Session

73-4-24 Petition for expedited hearing of objection -- Petition for limited determination.
(1) A claimant to the use of water may petition the court to expedite the hearing of a valid, timely objection to a report and proposed determination prepared in accordance with Section 73-4-11 in which the claimant has a direct interest.
(2) A petition under Subsection (1) shall identify any party directly affected by the objection, if known to the claimant, and state why the hearing of the objection should be expedited.
(3) A petitioner under Subsection (1) shall notify those affected by the petition as directed by the court.
(4) The court may grant a petition under Subsection (1) if:
(a) the court finds that the expedited hearing is necessary in the interest of justice;
(b) granting the petition will facilitate a reasonably prompt resolution of the matters raised in the objection; and
(c) granting the petition does not prejudice the right of another claimant.
(5) During the pendency of a general adjudication suit, a claimant or group of claimants may petition the court to direct the state engineer to prepare a proposed determination and hydrographic survey map for a limited area within the general adjudication area in which the claimant or group of claimants has a claim.
(6) The court may grant a petition under Subsection (5) if:
(a) the claimant or group of claimants will suffer prejudice if the petition is not granted;
(b) the matters raised by the claimant or group of claimants are proper for determination in a general adjudication;
(c) granting the petition will not unduly burden the state engineer’s resources; and
(d) granting the petition will not unduly interfere with the state engineer’s discretion to allocate resources for the preparation of another proposed determination.
(7) If the court grants a petition under this section, the state engineer shall comply with this chapter in satisfying the court’s order.

Amended by Chapter 72, 2016 General Session

Chapter 5
Administration and Distribution

73-5-1 Appointment of water commissioners -- Procedure.
(1)
(a)If, in the judgment of the state engineer or the district court, it is necessary to appoint a water commissioner for the distribution of water from any river system or water source, the commissioner shall be appointed for a four-year term by the state engineer.
(b)The state engineer shall determine whether all or a part of a river system or other water source shall be served by a commissioner, and if only a part is to be served, the state engineer shall determine the boundaries of that part.
(c)The state engineer may appoint:
(i)more than one commissioner to distribute water from all or a part of a water source; or
(ii)a single commissioner to distribute water from several separate and distinct water sources.
(d)A water commissioner appointed by the state engineer under this section is:
(i)an employee of the Division of Water Rights;
(ii)an appointed officer under Subsection 49-13-102(5)(b)(iii), if the water commissioner meets the requirements for a regular full-time employee under Subsection 49-13-102(5)(a);
(iii)eligible for health and retirement benefits as determined by the water commissioner’s distribution system committee, if the water commissioner is a regular full-time employee as that term is defined in Section 49-13-102; and
(iv)exempt from Title 63A, Chapter 17, Utah State Personnel Management Act.
(2)
(a)The state engineer shall consult with the water users before appointing a commissioner.  The form of consultation and notice to be given shall be determined by the state engineer so as to best suit local conditions, while providing for full expression of majority opinion.
(b)The state engineer shall act in accordance with the recommendation of a majority of the water users, if the majority of the water users:
(i)agree upon:
(A)a qualified individual to be appointed as a water commissioner;
(B)the duties the individual shall perform; and
(C)subject to the requirements of Title 49, Utah State Retirement and Insurance Benefit Act, the compensation the individual shall receive; and
(ii)submit a recommendation to the state engineer on the items described in Subsection (2)(b)(i).
(c)If a majority of water users do not agree on the appointment, duties, or compensation, the state engineer shall make a determination for them.
(3)
(a)
(i)The salary and expenses of the commissioner and all other expenses of distribution, including printing,  postage, equipment, water users’ expenses, and any other expenses considered necessary by the state engineer, shall be borne pro rata by the users of water from the river system or water source in accordance with a schedule to be fixed by the state engineer.
(ii)The schedule shall be based on the established rights of each water user, and the pro rata share shall be paid by each water user to the state engineer on or before May 1 of each year.
(b)The payments shall be deposited in the Water Commissioner Fund created in Section 73-5-1.5.
(c)If a water user fails to pay the assessment as provided by Subsection (3)(a), the state engineer may do any or all of the following:
(i)create a lien upon the water right affected by filing a notice of lien in the office of the county recorder in the county where the water is diverted and bring an action to enforce the lien;
(ii)forbid the use of water by the delinquent  water user or the delinquent water user’s successors or assignees, while  the default continues; or
(iii)bring an action in the district court for the unpaid expense and salary.
(d)In any action brought to collect any unpaid assessment or to enforce any lien under this section, the delinquent water user shall be liable for the amount of the assessment, interest, any penalty, and for all costs of collection, including all court costs and a reasonable attorney fee.
(4)
(a)A commissioner may be removed by the state engineer for cause.
(b)The users of water from any river system or water source may petition the district court for the removal of a commissioner and after notice and hearing, the court may order the removal of the commissioner and direct the state engineer to appoint a successor.

Amended by Chapter 119, 2025 General Session

73-5-1.5 Water Commissioner Fund.
(1) There is created an expendable special revenue fund known as the “Water Commissioner Fund.”
(2) The fund consists of assessments paid to the state engineer by water users pursuant to Subsection 73-5-1(3).
(3)
(a) The fund shall earn interest.
(b) Interest earned on fund money shall be deposited into the fund.
(4) The state engineer shall use fund money to pay for salary and expenses of water commissioners and other expenses related to the distribution of water specified in Subsection 73-5-1(3).

Amended by Chapter 401, 2015 General Session

73-5-3 Control by engineer of division and distribution under judgments.
(1) The state engineer or the state engineer’s designee shall carry into effect a judgment of a court in relation to the division, distribution, or use of water under the provisions of this title.
(2) The state engineer shall:
(a) divide water among several appropriators entitled to the water in accordance with the right of each appropriator;
(b) regulate and control the use of the water by closing or partially closing a head gate, cap, valve, or other controlling work of a ditch, canal, pipe, flume, well or tunnel, or other means of diversion to prevent the waste of water or its use in excess of the quantity to which an appropriator is lawfully entitled; and
(c) regulate a controlling work of reservoirs in accordance with the provisions of this title.
(3)
(a) If the state engineer regulates a head gate, cap, valve, or other controlling work of a ditch, canal, pipe, flume, well or tunnel, or other means of diversion, or the controlling work of a reservoir, the state engineer may attach to the controlling work a written notice, properly dated and signed, setting forth that the controlling work has been properly regulated and is wholly under the state engineer’s control.
(b) The notice provided under Subsection (3)(a) shall be a legal notice, as to the facts contained in the notice, to all parties interested in the division and distribution of the water of the ditch, canal, pipe, flume, well or tunnel, or other means of diversion, or reservoir.
(4)
(a) If the state engineer is required to enter upon private property to carry out the provisions of this title and is refused by the owner or possessor of the property the right of entry, the state engineer may petition the district court for an order granting a right of entry.
(b) After notice and hearing the court may grant the state engineer a right of entry, on security given by the state engineer to pay the owner of the property for all damage caused by the entry.

Amended by Chapter 369, 2014 General Session

73-5-4 Controlling works and measuring devices.
(1) To assist the state engineer or water commissioner in the regulation, distribution, and measurement of water, a person using water in this state, except as provided by Subsection (4), shall construct or install and maintain controlling works and a measuring device at:
(a) each location where water is diverted from a source; and
(b) any other location required by the state engineer.
(2) A person using water in this state shall make the controlling works and measuring device accessible to the state engineer or water commissioner.
(3) The state engineer shall approve the design of:
(a) the measuring device; and
(b) controlling works so that the state engineer or a water commissioner may regulate and lock the works.
(4) A person using water as an instream flow:
(a) shall install and maintain a measuring device or stream gauging station in the section of the stream within which the instream flow is maintained; and
(b) is not required to install controlling works unless the state engineer’s order approving the application requires the installation because controlling works are necessary to achieve the purpose of the application.
(5)
(a) An owner or manager of a reservoir shall construct and maintain a measuring device as directed by the state engineer to measure the inflow, storage content, and outflow from the reservoir.
(b) The state engineer shall approve the design and location of the measuring device.
(c) The owner or manager of a reservoir shall make the measuring device accessible to the state engineer or water commissioner.
(6) If a water user refuses or neglects to construct or install the controlling works or measuring device after 30 days’ notice to do so by the state engineer, the state engineer may:
(a) forbid the use of water until the user complies with the state engineer’s requirement; and
(b) commence enforcement proceedings authorized by Section 73-2-25.

Amended by Chapter 311, 2008 General Session

73-5-7 Inspection of ditches and diverting works by engineer.
(1)
(a) The state engineer shall have authority to examine and inspect any ditch or other diverting works, and at the time of such inspection, the state engineer may order the owners thereof to make any addition or alteration that the state engineer considers necessary for the security of such works, the safety of persons, or the protection of property.
(b) If any person, firm, copartnership, association, or corporation refuses or neglects to comply with the requirements of the state engineer as described in Subsection (1)(a), the state engineer may bring action in the name of the state in the district court to enforce the order.
(2)
(a) The state engineer shall, to the extent reasonably practicable, by July 1, 2019, inventory and maintain a list of all open, human-made water conveyance systems that carry 5 cubic feet per second or more in the state, including the following information on each conveyance system:
(i) alignment;
(ii) contact information of the owner;
(iii) maximum flow capacity in cubic feet per second;
(iv) whether the conveyance system is used for flood or storm water management; and
(v) notice of the adoption of a management plan for the conveyance system as reported to the Division of Water Resources under Section 73-10-33.
(b) In counties of the first or second class, the state engineer shall include in the inventory described in Subsection (2)(a) any enclosed segments of each open, human-made water conveyance system.
(3) The owner of an open, human-made water conveyance system that carries 5 cubic feet per second or more shall inform the state engineer if the information described in Subsection (2) changes.
(4) The state engineer:
(a) may contract with a local conservation district created in Title 17D, Chapter 3, Conservation District Act, to fulfill the duties described in Subsection (2); and
(b) may contract a local conservation district created in Title 17D, Chapter 3, Conservation District Act, to provide technical support for a canal owner who is adopting a management plan, as described in Section 73-10-33.

Amended by Chapter 410, 2017 General Session

73-5-8 Audits -- Reports by users to engineer.
(1)The Division of Water Rights shall, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, make rules specifying:
(a)what water use data a person shall report, pursuant to this section; and
(b)how the Division of Water Rights shall validate the data described in Subsection (1)(a).
(2)The Division of Water Rights may:
(a)collect and validate water use data; and
(b)require data be submitted electronically in a particular format by a city of the first class or a water conservancy district that provides service in whole or in part within a county of the first or second class, if the city or water conservancy district is located within:
(i)the surveyed meander line of the Great Salt Lake;
(ii)the drainage areas of the Bear River or the Bear River’s tributaries;
(iii)the drainage areas of Bear Lake or Bear Lake’s tributaries;
(iv)the drainage areas of the Weber River or the Weber River’s tributaries;
(v)the drainage areas of the Jordan River or the Jordan River’s tributaries;
(vi)the drainage areas of Utah Lake or Utah Lake’s tributaries;
(vii)other water drainages lying between the Bear River and the Jordan River that are tributary to the Great Salt Lake and not included in the drainage areas described in Subsections (2)(b)(ii) through (vi); or
(viii)the drainage area of Tooele Valley.
(3)Every person using water from any river system or water source, when requested by the state engineer, shall within 30 days after such request report to the state engineer in writing:
(a)the nature of the use of any such water;
(b)the area on which used;
(c)the kind of crops to be grown;
(d)water elevations on wells or tunnels; and
(e)quantity of water used.

Amended by Chapter 56, 2024 General Session

73-5-8.5 Per capita consumptive use.
(1)As used in this section:
(a)”Community water system” means a public water system that serves residents year-round.
(b)
(i)”Metered secondary water” means secondary water metered by a secondary water supplier either at the supply side when introduced into the secondary water supplier’s distribution system or metered at the meter of the end user.
(ii)”Metered secondary water” does not include:
(A)water lost in the secondary water supplier’s system before being delivered to an end user; or
(B)water delivered to an end user who is not a commercial, industrial, institutional, or residential user.
(c)”Per capita consumptive use” means a valid representation of total water consumed divided by the total population for a given area.
(d)”Publicly owned treatment works” means a facility for the treatment of pollutants owned by the state, the state’s political subdivisions, or other public entity.
(e)”Reporting district” means a water conservancy district that serves wholesale water to a retail water supplier located in whole or in part in a county of the first or second class.
(f)”Retail water supplier” means a person that:
(i)supplies water for human consumption and other domestic uses to an end user; and
(ii)has more than 500 service connections.
(g)”Secondary water” means the same as that term is defined in Section 73-10-34.
(h)”Secondary water supplier” means the same as that term is defined in Section 73-10-34.
(i)”Total population” means the permanent population of a given area subject to a population adjustment described in Subsection (5).
(j)”Total water consumed” means total water supplied to commercial, industrial, institutional, and residential users in a given area minus return flow.
(k)”Total water supplied” means the total amount of water delivered to commercial, industrial, institutional, and residential users in a given area as metered secondary water or metered drinking water.
(l)”Water conservancy district” means an entity formed under Title 17B, Chapter 2a, Part 10, Water Conservancy District Act.
(2)State agencies and political subdivisions shall use per capita consumptive use for reporting municipal and industrial water use in counties of the first and second class to provide another method to:
(a)track progress in water conservation; and
(b)ensure efficient public water supply management.
(3)
(a)The Division of Water Resources shall designate the reporting district that shall calculate the per capita consumptive use for each county of the first or second class, except that the Division of Water Resources may only require a reporting district calculate the per capita consumptive use for a county in which the reporting district provides wholesale water to a retail water supplier.
(b)Beginning with a calculation of per capita consumptive use for calendar year 2023, a reporting district shall annually provide the Division of Water Rights a calculation of per capita consumptive use for the one or more counties designated under Subsection (3)(a).
(4)In determining per capita consumptive use, a reporting district:
(a)shall use reliable and timely information about water used for municipal and industrial purposes, including water used in commercial, industrial, institutional, and residential settings; and
(b)may not be required:
(i)to use the same methodology as another reporting district; or
(ii)to adopt or follow the definition of “water being conserved” that is adopted under Section 73-10-32.
(5)In determining total population, a reporting district shall rely on, to the extent not otherwise required by federal law:
(a)
(i)an estimate of the Utah Population Committee created in Section 63C-20-103; or
(ii)if the Utah Population Committee estimate is not available, the most recent census or census estimate of the United States Bureau of the Census; and
(b)an adjustment to population based on locally significant effects of a non-permanent population, including:
(i)transient but consistently recurring non-resident population associated with secondary residences or visitors; and
(ii)daytime population changes.
(6)In determining return flow, a reporting district:
(a)shall obtain relevant data associated with discharges from publicly owned treatment works; and
(b)may include water flow returning to the natural environment from the use of drinking water, secondary water, or other water used for outdoor irrigation if the flow is capable of being measured or otherwise determined with a reasonable degree of certainty.
(7)In determining total water supplied, a reporting district shall:
(a)select the community water systems serving a population of 3,300 or more whose data the reporting district will use in preparing the report of per capita consumptive use;
(b)only rely on data that:
(i)is reliable; and
(ii)the reporting district is able to obtain for both metered drinking water and metered secondary water; and
(c)make reasonable efforts to ensure that the water use data relied upon in the reporting district’s report is the same as the water use data reported by the community water systems to the Division of Water Rights under Section 73-5-8.
(8)A reporting district shall include in the reporting district’s report of per capita consumptive use an explanation of how the reporting district determines:
(a)total water supplied;
(b)return flow; and
(c)total population.
(9)A reporting district shall annually file the reporting district’s per capita consumptive use report with the Division of Water Rights on or before July 1.
(10)
(a)Except as provided in Subsection (10)(b), this section may not be construed to prohibit the Division of Water Resources from:
(i)adopting regional water conservation goals as described in Section 73-10-32; or
(ii)calculating, publishing, or disseminating diverted water use information or per capita consumptive use from community water systems in counties of the third, fourth, fifth, or sixth class.
(b)A state agency or a political subdivision of the state may not calculate, publish, or disseminate a:
(i)statewide per capita consumptive use number; or
(ii)per capita consumptive use number for a first class or second class county that is different from a number reported by a reporting district pursuant to this section.
(c)This section may not be construed to prohibit a retail water supplier from using or publishing the retail water supplier’s own water consumptive use numbers for the efficient management of the retail water supplier’s system.

Amended by Chapter 400, 2025 General Session

73-5-9 Powers of state engineer as to waste, pollution, or contamination of waters.
(1) To prevent waste, loss, pollution, or contamination of any waters whether above or below the ground, the state engineer may require the repair or construction of head gates or other devices on ditches or canals, and the repair or installation of caps, valves, or casings on any well or tunnel or the plugging or filling thereof to accomplish the purposes of this section.
(2) Any requirement made by the state engineer in accordance with this section shall be executed by and at the cost and expense of the owner, lessee or person having control of such diverting works affected.
(3) If within 10 days after notice of such requirement as provided in this section, the owner, lessee or person having control of the water affected, has not commenced to carry out such requirement, or if he has commenced to comply therewith but shall not thereafter proceed diligently to complete the work, the state engineer may forbid the use of water from such source until the user thereof shall comply with such requirement.
(4) Failure to comply with any requirement made by the state engineer under this section is a crime punishable under Section 73-2-27 if the failure to comply is knowing or intentional.
(5) Each day that such violation is permitted to continue shall constitute a separate offense.

Amended by Chapter 215, 2005 General Session

73-5-13 Claim to surface or underground water not otherwise represented -- Information required -- Corrections -- Filing -- Investigation -- Publication -- Judicial action to determine validity -- Rules.
(1)
(a) A claimant to the right to the use of water, including both surface and underground water, whose right is not represented by a certificate of appropriation issued by the state engineer, by an application filed with the state engineer, by a court decree, or by a notice of claim filed pursuant to law, shall submit the claim to the state engineer in accordance with this section.
(b) Subsections (2) through (7) only apply to claims or corrected claims submitted to the state engineer in accordance with this section on or after May 14, 2013.
(2)
(a) The claimant or the claimant’s appointed representative shall verify under oath a claim submitted under this section and submit the claim on forms provided by the state engineer setting forth any information the state engineer requires, including:
(i) the name and mailing address of the person making the claim;
(ii) the quantity of water claimed in acre-feet or rate of flow in second-feet, or both, where appropriate;
(iii) the source of supply;
(iv) the priority date of the right;
(v) the location of the point of diversion with reference to a United States land survey corner;
(vi) the place of use;
(vii) the nature and extent of use;
(viii) the time during which the water has been used each year; and
(ix) the date when the water was first used.
(b) The claim shall also include the following information, prepared by a Utah licensed engineer or a Utah licensed land surveyor:
(i) measurements of the amount of water diverted;
(ii) a statement that the quantity of water claimed either in acre-feet or cubic feet per second is consistent with the beneficial use claimed and the supply that the source is capable of producing; and
(iii) a map showing the original diversion and conveyance works and where the water was placed to beneficial use, including irrigated lands, if irrigation is the claimed beneficial use.
(c) The state engineer may require additional information as necessary to evaluate any claim including:
(i) affidavits setting forth facts of which the affiant has personal knowledge;
(ii) authenticated or historic photographs, plat or survey maps, or surveyors’ notes;
(iii) authenticated copies of original diaries, personal histories, or other historical documents that document the claimed use of water; and
(iv) other relevant records on file with a county recorder’s, surveyor’s, or assessor’s office.
(3)
(a) A claimant, or a claimant’s successor in interest, as shown in the records of the state engineer may file a corrected claim that:
(i) is designated as a corrected claim;
(ii) includes the information described in Subsection (2); and
(iii) bears the same number as the original claim.
(b) If a corrected claim that meets the requirements described in Subsection (3)(a) is filed before the state engineer publishes the original claim in accordance with Subsection (4)(a)(iv), the state engineer may not charge an additional fee for filing the corrected claim.
(c) The state engineer shall treat a corrected claim that is filed in accordance with Subsection (3)(a) as if the corrected claim were the original claim.
(4)
(a) When a claimant submits a claim that is acceptably complete under Subsection (2) and deposits money with the state engineer sufficient to pay the expenses of conducting a field investigation and publishing a notice of the claim, the state engineer shall:
(i) file the claim;
(ii) endorse the date of the claim’s receipt;
(iii) assign the claim a water right number;
(iv) publish a notice of the claim following the same procedures as provided in Section 73-3-6; and
(v) if the claimant is the federal government or a federal agency, provide a copy of the claim to the members of the Natural Resources, Agriculture, and Environment Interim Committee.
(b) A claim not acceptably complete under Subsection (2) shall be returned to the claimant.
(c) The acceptance of a claim filed under this section by the state engineer may not be considered to be an adjudication by the state engineer of the validity of the claimed water right.
(5)
(a) The state engineer shall:
(i) conduct a field investigation of each claim filed; and
(ii) prepare a report of the investigation.
(b) In preparing the report of the investigation described in Subsection (5)(a), the state engineer shall:
(i) apply Section 73-1-3; and
(ii) include an evaluation of the asserted beneficial uses as the asserted beneficial uses existed at the time of the claimed priority date, specifically identifying any portion of the claim that was not placed to beneficial use in accordance with law.
(c) The report of the investigation shall:
(i) become part of the file on the claim; and
(ii) be admissible in any administrative or judicial proceeding regarding the validity of the claim.
(6)
(a) A person who may be damaged by a diversion and use of water as described in a claim submitted pursuant to this section may file an action in district court to determine the validity of the claim, regardless of whether the state engineer has filed the claim in accordance with Subsection (4)(a).
(b) Venue for an action brought under Subsection (6)(a) shall be in the county where the point of diversion listed in the claim is located, or in a county where the place of use, or some part of it, is located.
(c) The action shall be brought against the claimant to the use of water or the claimant’s successor in interest.
(d) In an action brought to determine the validity of a claim to the use of water under this section, the claimant has the initial burden of proof as to the validity of the claimed right.
(e)
(i) A person filing an action challenging the validity of a claim to the use of water under this section shall notify the state engineer of the pendency of the action in accordance with state engineer rules.
(ii) Upon receipt of the notice, the state engineer may take no action on a change or exchange application founded on the claim that is the subject of the pending litigation until the court adjudicates the matter.
(f) Upon the entering of a final order or decree in a judicial action to determine the validity of a claim under this section, the prevailing party shall file a certified copy of the order or decree with the state engineer, who shall incorporate the order into the state engineer’s file on the claim.
(7)
(a) In a general adjudication of water rights under Title 73, Chapter 4, Determination of Water Rights, after completion of final summons in accordance with Section 73-4-22, a claimant is prohibited from filing a claim under this section in the general adjudication area, division, or subdivision.
(b) The state engineer shall return a claim filed under this section to a claimant without further action if:
(i) the state engineer receives a claim for an area where the claimant is prohibited from filing the claim under Subsection (7)(a) or Section 73-4-9.5; or
(ii) the claim is untimely as provided in Section 73-4-9.

Amended by Chapter 59, 2020 General Session

73-5-14 Determination by the state engineer of watershed to which particular source is tributary -- Publications of notice and result -- Hearing -- Judicial review.
(1) The state engineer may determine for administrative and distribution purposes the watershed to which any particular stream or source of water is tributary.
(2) A determination under Subsection (1) may be made only after publication of notice to the water users.
(3) Publication of notice under Subsection (2) shall be made:
(a) for every county in the state in which any rights might be affected, as a class A notice under Section 63G-30-102, for at least five weeks before the date of the hearing described in Subsection (4); and
(b) in accordance with Section 45-1-101 for five weeks.
(4) The state engineer shall fix the date and place of hearing and at the hearing any water user shall be given an opportunity to appear and adduce evidence material to the determination of the question involved.
(5)
(a) The state engineer shall publish the result of the determination as provided in Subsections (3)(a) and (b), and the notice of the decision of the state engineer shall notify the public that any person aggrieved by the decision may appeal the decision as provided by Section 73-3-14.
(b) The notice under Subsection (5)(a) shall be considered to have been given so as to start the time for appeal upon completion of the publication of notice.

Amended by Chapter 435, 2023 General Session

73-5-15 Groundwater management plan.
(1)As used in this section:
(a)”Critical management area” means a groundwater basin in which the groundwater withdrawals consistently exceed the safe yield.
(b)”Safe yield” means the amount of groundwater that can be withdrawn from a groundwater basin over a period of time without exceeding the long-term recharge of the basin or unreasonably affecting the basin’s physical and chemical integrity.
(2)
(a)The state engineer may regulate groundwater withdrawals within a specific groundwater basin by adopting a groundwater management plan in accordance with this section for any groundwater basin or aquifer or combination of hydrologically connected groundwater basins or aquifers.
(b)The objectives of a groundwater management plan are to:
(i)limit groundwater withdrawals to safe yield;
(ii)protect the physical integrity of the aquifer; and
(iii)protect water quality.
(c)The state engineer shall adopt a groundwater management plan for a groundwater basin if more than one-third of the water right owners in the groundwater basin request that the state engineer adopt a groundwater management plan.
(3)
(a)In developing a groundwater management plan, the state engineer may consider:
(i)the hydrology of the groundwater basin;
(ii)the physical characteristics of the groundwater basin;
(iii)the relationship between surface water and groundwater, including whether the groundwater should be managed in conjunction with hydrologically connected surface waters;
(iv)the conjunctive management of water rights to facilitate and coordinate the lease, purchase, or voluntary use of water rights subject to the groundwater management plan;
(v)the geographic spacing and location of groundwater withdrawals;
(vi)water quality;
(vii)local well interference; and
(viii)other relevant factors.
(b)The state engineer shall base the provisions of a groundwater management plan on the principles of prior appropriation.
(c)
(i)The state engineer shall use the best available scientific method to determine safe yield.
(ii)As hydrologic conditions change or additional information becomes available, safe yield determinations made by the state engineer may be revised by following the procedures listed in Subsection (5).
(4)
(a)
(i)Except as provided in Subsection (4)(b), the withdrawal of water from a groundwater basin shall be limited to the basin’s safe yield.
(ii)Before limiting withdrawals in a groundwater basin to safe yield, the state engineer shall:
(A)determine the groundwater basin’s safe yield; and
(B)adopt a groundwater management plan for the groundwater basin.
(iii)If the state engineer determines that groundwater withdrawals in a groundwater basin exceed the safe yield, the state engineer shall regulate groundwater rights in that groundwater basin based on the priority date of the water rights under the groundwater management plan, unless a voluntary arrangement exists under Subsection (4)(c) that requires a different distribution.
(iv)A groundwater management plan shall include a list of each groundwater right in the proposed groundwater management area known to the state engineer identifying the water right holder, the land to which the groundwater right is appurtenant, and any identification number the state engineer uses in the administration of water rights.
(b)When adopting a groundwater management plan for a critical management area, the state engineer shall, based on economic and other impacts to an individual water user or a local community caused by the implementation of safe yield limits on withdrawals, allow gradual implementation of the groundwater management plan.
(c)
(i)In consultation with the state engineer, water users in a groundwater basin may agree to participate in a voluntary arrangement for managing withdrawals at any time, either before or after a determination that groundwater withdrawals exceed the groundwater basin’s safe yield.
(ii)A voluntary arrangement under Subsection (4)(c)(i) shall be consistent with other law.
(iii)The adoption of a voluntary arrangement under this Subsection (4)(c) by less than all of the water users in a groundwater basin does not affect the rights of water users who do not agree to the voluntary arrangement.
(5)To adopt a groundwater management plan, the state engineer shall:
(a)give notice as specified in Subsection (7) at least 30 days before the first public meeting held in accordance with Subsection (5)(b):
(i)that the state engineer proposes to adopt a groundwater management plan;
(ii)describing generally the land area proposed to be included in the groundwater management plan; and
(iii)stating the location, date, and time of each public meeting to be held in accordance with Subsection (5)(b);
(b)hold one or more public meetings in the geographic area proposed to be included within the groundwater management plan to:
(i)address the need for a groundwater management plan;
(ii)present any data, studies, or reports that the state engineer intends to consider in preparing the groundwater management plan;
(iii)address safe yield and any other subject that may be included in the groundwater management plan;
(iv)outline the estimated administrative costs, if any, that groundwater users are likely to incur if the plan is adopted; and
(v)receive any public comments and other information presented at the public meeting, including comments from any of the entities listed in Subsection (7)(a)(iii);
(c)receive and consider written comments concerning the proposed groundwater management plan from any person for a period determined by the state engineer of not less than 60 days after the day on which the notice required by Subsection (5)(a) is given;
(d)
(i)at least 60 days prior to final adoption of the groundwater management plan, publish notice:
(A)that a draft of the groundwater management plan has been proposed; and
(B)specifying where a copy of the draft plan may be reviewed; and
(ii)promptly provide a copy of the draft plan in printed or electronic form to each of the entities listed in Subsection (7)(a)(iii) that makes written request for a copy; and
(e)provide notice of the adoption of the groundwater management plan.
(6)A groundwater management plan shall become effective on the date notice of adoption is completed under Subsection (7), or on a later date if specified in the plan.
(7)
(a)A notice required by this section shall be:
(i)published:
(A)once a week for two successive weeks in a newspaper of general circulation in each county that encompasses a portion of the land area proposed to be included within the groundwater management plan; and
(B)in accordance with Section 45-1-101 for two weeks;
(ii)published conspicuously on the state engineer’s website; and
(iii)mailed to each of the following that has within its boundaries a portion of the land area to be included within the proposed groundwater management plan:
(A)county;
(B)incorporated city or town;
(C)a special district created to acquire or assess a groundwater right under Title 17B, Chapter 1, Provisions Applicable to All Special Districts;
(D)improvement district under Title 17B, Chapter 2a, Part 4, Improvement District Act;
(E)service area, under Title 17B, Chapter 2a, Part 9, Service Area Act;
(F)drainage district, under Title 17B, Chapter 2a, Part 2, Drainage District Act;
(G)irrigation district, under Title 17B, Chapter 2a, Part 5, Irrigation District Act;
(H)metropolitan water district, under Title 17B, Chapter 2a, Part 6, Metropolitan Water District Act;
(I)special service district providing water, sewer, drainage, or flood control services, under Title 17D, Chapter 1, Special Service District Act;
(J)water conservancy district, under Title 17B, Chapter 2a, Part 10, Water Conservancy District Act; and
(K)conservation district, under Title 17D, Chapter 3, Conservation District Act.
(b)A notice required by this section is effective upon substantial compliance with Subsections (7)(a)(i) through (iii).
(8)A groundwater management plan may be amended in the same manner as a groundwater management plan may be adopted under this section.
(9)The existence of a groundwater management plan does not preclude any otherwise eligible person from filing any application or challenging any decision made by the state engineer within the affected groundwater basin.
(10)
(a)A person aggrieved by a groundwater management plan may challenge any aspect of the groundwater management plan by filing a complaint within 60 days after the adoption of the groundwater management plan in the district court for any county in which the groundwater basin is found.
(b)Notwithstanding Subsection (9), a person may challenge the components of a groundwater management plan only in the manner provided by Subsection (10)(a).
(c)An action brought under this Subsection (10) is reviewed de novo by the district court.
(d)A person challenging a groundwater management plan under this Subsection (10) shall join the state engineer as a defendant in the action challenging the groundwater management plan.
(e)
(i)Within 30 days after the day on which a person files an action challenging any aspect of a groundwater management plan under Subsection (10)(a), the person filing the action shall publish notice of the action:
(A)in a newspaper of general circulation in the county in which the district court is located; and
(B)in accordance with Section 45-1-101 for two weeks.
(ii)The notice required by Subsection (10)(e)(i)(A) shall be published once a week for two consecutive weeks.
(iii)The notice required by Subsection (10)(e)(i) shall:
(A)identify the groundwater management plan the person is challenging;
(B)identify the case number assigned by the district court;
(C)state that a person affected by the groundwater management plan may petition the district court to intervene in the action challenging the groundwater management plan; and
(D)list the address for the clerk of the district court in which the action is filed.
(iv)
(A)Any person affected by the groundwater management plan may petition to intervene in the action within 60 days after the day on which notice is last published under Subsections (10)(e)(i) and (ii).
(B)The district court’s treatment of a petition to intervene under this Subsection (10)(e)(iv) is governed by the Utah Rules of Civil Procedure.
(11)A groundwater management plan adopted or amended in accordance with this section is exempt from the requirements in Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
(12)
(a)Except as provided in Subsection (12)(b), recharge and recovery projects permitted under Chapter 3b, Groundwater Recharge and Recovery Act, are exempted from this section.
(b)In a critical management area, the artificial recharge of a groundwater basin that uses surface water naturally tributary to the groundwater basin, in accordance with Chapter 3b, Groundwater Recharge and Recovery Act, constitutes a beneficial use of the water under Section 73-1-3 if:
(i)the recharge is done during the time the area is designated as a critical management area;
(ii)the recharge is done with a valid recharge permit;
(iii)the water placed in the aquifer is not recovered under a recovery permit; and
(iv)the water placed in the aquifer is used to replenish the groundwater basin.
(13)Nothing in this section may be interpreted to require the development, implementation, or consideration of a groundwater management plan as a prerequisite or condition to the exercise of the state engineer’s enforcement powers under other law, including powers granted under Section 73-2-25.
(14)A groundwater management plan adopted in accordance with this section may not apply to the dewatering of a mine.
(15)
(a)A groundwater management plan adopted by the state engineer before May 1, 2006, remains in force and has the same legal effect as it had on the day on which it was adopted by the state engineer.
(b)If a groundwater management plan that existed before May 1, 2006, is amended on or after May 1, 2006, the amendment is subject to this section’s provisions.

Amended by Chapter 88, 2024 General Session

73-5-16 State engineer to publish maps.
          The state engineer shall publish conspicuously on the state engineer’s website a map a municipality submits in accordance with Subsection 10-7-14(3)(a).

Enacted by Chapter 99, 2019 General Session

73-5-17 River distribution accounting report.
(1) As used in this section:
(a) “Natural flow” means the computed amount of water available within a defined portion of a river system.
(b) “River system” means a portion of a natural stream and its tributaries where regulation and accounting are required.
(2) The state engineer may conduct a review of distribution and accounting procedures on a river system in the state.
(3) After conducting the review described in Subsection (2), the state engineer shall provide a report identifying:
(a) actively administered:
(i) water rights;
(ii) diversions; and
(iii) reservoirs;
(b) accounting practices, including:
(i) computation of natural flow;
(ii) apportionment of natural flow to individual water rights;
(iii) storage delivery and loss of storage;
(iv) accounting for imports and exports; and
(v) system losses including:
(A) conveyance losses; and
(B) reservoir losses;
(c) recommendations for:
(i) additional measurement and automation; and
(ii) refinement of distribution or accounting practices in accordance with:
(A) existing water rights;
(B) the prior appropriation doctrine; and
(C) relevant court decrees; and
(d) the data and computations relied upon to provide the information described in Subsections (3)(a) through (c).
(4) The state engineer shall make the report described in Subsection (3) available to the public on the Division of Water Rights website annually at least one week prior to the annual distribution system meeting.

Enacted by Chapter 75, 2022 General Session

Chapter 5a
Dam Safety

Part 1
General Provisions

73-5a-101 Power of state engineer to regulate dams.
(1) The state engineer has the authority to regulate the safety of dams for the purpose of protecting public safety.
(2) To protect life and property, the state engineer may make rules controlling the construction and operation of dams, including rules controlling:
(a) design;
(b) maintenance;
(c) repair;
(d) removal; and
(e) abandonment.
(3) The state engineer may by rule exempt from this chapter any dam that:
(a) impounds less than 20 acre-feet of water and does not constitute a threat to human life if it fails; or
(b) does not constitute a threat to human life and would result in only minor damage to property of the owner if it fails.

Amended by Chapter 168, 2019 General Session

73-5a-102 Chapter does not apply to certain federal dams and reservoirs.
          This chapter does not apply to works owned by the United States Bureau of Reclamation.  However, the Bureau of Reclamation shall file plans, drawings, and specifications of its works with the state engineer.

Amended by Chapter 264, 1996 General Session

73-5a-103 Liability of owner or operator.
(1) Nothing in this chapter shall be construed to relieve an owner or operator of a dam or reservoir of the legal duties, obligations, or liabilities incident to the ownership or operation of the dam or reservoir.
(2) The owner or operator of a dam or reservoir may not be held to be strictly liable for any act or omission incident to the construction, ownership, or operation of the dam or reservoir.

Amended by Chapter 264, 1996 General Session

73-5a-104 Qualifications of persons designing dams.
          Each plan for the construction, enlargement, repair, alteration, or removal of any dam in this state shall be prepared by a qualified engineer who is:
(1) licensed in Utah; and
(2) experienced in dam design and construction.

Enacted by Chapter 319, 1990 General Session

73-5a-105 Independent consultants -- Owner to pay costs.
(1) The state engineer may require the owner of a dam or proposed dam to obtain the services of an independent consultant or team of consultants approved by the state engineer to consult regarding the adequacy of the design, construction, or operation of the dam if safety considerations pertaining to the design, construction, or operation of the dam warrant an independent review.
(2) The state engineer shall make rules specifying:
(a) the safety considerations that will be considered in determining if an independent review is required;
(b) the requisite qualifications and experience of the independent consultants; and
(c) the timing of the consultants’ review so that their recommendations are made in a timely manner.
(3)
(a) The independent consultants shall be considered to be the agents of the owner of the dam.
(b) The costs of the independent consultants’ services shall be paid by the owner of the dam.
(c) The owner of the dam may require the independent consultants to consider other issues, in addition to safety considerations, such as:
(i) design selections or alternatives;
(ii) site selection;
(iii) cost effectiveness; or
(iv) other tasks as defined by the contract.

Enacted by Chapter 319, 1990 General Session

73-5a-106 Dams classified according to hazard and use.
(1) Dams shall be classified according to hazard and use.
(2) Hazard classifications are as follows:
(a) high hazard - those dams which, if they fail, have a high probability of causing loss of human life or extensive economic loss, including damage to critical public utilities;
(b) moderate hazard - those dams which, if they fail, have a low probability of causing loss of human life, but would cause appreciable property damage, including damage to public utilities; and
(c) low hazard - those dams which, if they fail, would cause minimal threat to human life, and economic losses would be minor or limited to damage sustained by the owner of the structure.
(3) Use classifications are as follows:
(a) water storage - dams which impound water for prolonged periods, including those built for irrigation, power generation, water supply, aquatic culture, and recreation;
(b) flood control - dams constructed to operate only during significant runoff events and which impound water for a small percentage of time, including those built for flood control or sediment control and debris basins;
(c) tailings - dams in which a large component of the material impounded consists of saturated solids; and
(d) other - dams which impound a minimal amount of water or where the head behind the dam is minimal, including stock ponds, wash water ponds, recirculated process water ponds, regulating reservoirs, and diversion dams.

Amended by Chapter 264, 1996 General Session

Part 2
Procedures for the Approval of Dam Construction Plans

73-5a-201 Approval of state engineer necessary to construct, alter, or abandon dams.
          No person may construct, enlarge, repair, alter, remove, or abandon any dam or reservoir without obtaining written approval from the state engineer.  Routine maintenance of the structure does not require approval from the state engineer.

Enacted by Chapter 319, 1990 General Session

73-5a-202 Submission of plans.
(1) Before a dam is constructed, enlarged, repaired, altered, removed, or abandoned, plans for the work shall be submitted to the state engineer for his approval, unless the dam:
(a) impounds less than 20 acre-feet of water; and
(b) is not classified as a high hazard structure under Section 73-5a-106.
(2)
(a) The plans shall be submitted 90 days before:
(i) awarding the construction contract; or
(ii) the commencement of construction, if the owner constructs the dam.
(b) The state engineer may shorten the 90-day review period if the owner and the design engineer submit satisfactory preliminary plans and design reports for review.
(3) The state engineer may waive the requirement of plans if it can be demonstrated that failure of the proposed dam:
(a) does not constitute a threat to human life; and
(b) may result in only minor property damage that would be limited to property held by the owner of the structure.

Amended by Chapter 177, 2009 General Session

73-5a-203 Review of plans.
(1)The state engineer shall establish a formal written procedure for the review of plans submitted pursuant to Section 73-5a-202.  Plans shall be reviewed according to:
(a)design criteria which the state engineer shall specify in rules; and
(b)data or criteria generally accepted by the general dam design community.
(2)Upon review of the plans, the state engineer will:
(a)approve them with appropriate conditions;
(b)reject them; or
(c)return them for correction.
(3)The state engineer shall document each review indicating:
(a)how the plans were reviewed; and
(b)the state engineer’s evaluation of the plans.

Amended by Chapter 302, 2025 General Session

73-5a-204 Application for approval.
(1) If the submission of plans is not required by Subsection 73-5a-202(1) or is waived pursuant to Subsection 73-5a-202(3), approval to construct, enlarge, repair, alter, remove, or abandon the dam must be obtained by submitting an application to the state engineer.
(2) The application shall contain:
(a) the location of the dam;
(b) physical dimensions of the dam;
(c) water rights attached to the dam; and
(d) any other information or drawings as required by the state engineer to evaluate the application.
(3) Upon review, the application will be approved, rejected, or approved with conditions.

Amended by Chapter 5, 1991 General Session

73-5a-205 Approvals void after one year if construction delayed -- Exceptions.
(1) Any approval granted under Section 73-5a-203 is void one year after the date of approval if construction has not started.
(2) The state engineer may extend the approval in one year increments:
(a) upon a showing of reasonable cause for delay; and
(b) provided state-of-the-art design criteria has not changed in the intervening period.

Enacted by Chapter 319, 1990 General Session

Part 3
Construction Inspections

73-5a-301 Inspections to insure compliance with plans -- Duties and costs of owners -- Weekly reports.
(1)During construction, enlargement, repair, alteration, or removal of any dam:
(a)the state engineer, the state engineer’s staff, or an independent consultant shall make periodic inspections of the work for the purpose of ascertaining compliance with the approved plans and specifications; and
(b)the owner of the dam shall:
(i)conduct tests that the state engineer determines are necessary;
(ii)provide adequate supervision of the work by an engineer licensed by the state who has experience in dam design and construction; and
(iii)disclose information sufficient to enable the state engineer to determine that the work is being done in conformance with the approved plans and specifications.
(2)Costs of any work or tests required by the state engineer shall be paid by the owner of the dam.
(3)The engineer who is supervising the work pursuant to Subsection (1)(b)(ii) is required to submit a report weekly to the state engineer.  Each report shall show the work accomplished during the previous week and summarize the results of any material testing.

Amended by Chapter 302, 2025 General Session

73-5a-302 Failure to conform to plans.
(1)If at any time during construction, enlargement, repair, alteration, or removal of any dam the state engineer finds that the work is not being done in accordance with the approved plans and specifications, the state engineer shall:
(a)notify the owner of the failure to comply;
(b)order the owner to effect compliance with the plans and specifications; or
(c)approve the modification to the approved plans and specifications.
(2)The state engineer may order that no further work be done until compliance has been effected and approved by the state engineer.
(3)A failure to comply with the approved plans and specifications shall render the approval subject to revocation by the state engineer. If compliance is not effected in a reasonable time, the state engineer may order the incomplete structure removed in order to eliminate any safety hazard to life or property.

Amended by Chapter 302, 2025 General Session

73-5a-303 Circumstances under which the plan must be modified or the approval revoked.
(1)If at any time during construction, enlargement, repair, alteration, or removal of a dam the state engineer finds that the conditions encountered differ appreciably from those assumed in the plan, the state engineer may require the plans to be modified.
(2)If conditions are revealed which will not permit the construction of a safe dam, the state engineer shall revoke the approval.

Amended by Chapter 302, 2025 General Session

73-5a-304 Final inspection.
(1) Following construction and prior to impounding any water, the state engineer shall undertake a final inspection of the project.
(2) A written final approval of the project shall be issued if:
(a) the state engineer determines that:
(i) the project was constructed in accordance with plans approved by the state engineer under Sections 73-5a-203 and 73-5a-303; and
(ii) during construction, inspections and tests were conducted as required by Section 73-5a-301; and
(b) the emergency action plan and standard operating plan meet the requirements set forth in rules adopted by the state engineer.
(3)
(a) The state engineer may require the owner to:
(i) submit a formal operating plan for the initial filling of the reservoir; or
(ii) follow certain procedures during the initial filling of the reservoir.
(b) Failure to submit the operating plan or follow the specified procedures shall result in revocation of the final approval.

Enacted by Chapter 319, 1990 General Session

Part 4
Operations

73-5a-401 Records and reports.
          The state engineer may make rules requiring the owner of any dam to:
(1) maintain records pertaining to the construction, operation, or maintenance of the dam; or
(2) submit:
(a) reports to the state engineer regarding maintenance, operation, or instrumentation readings; or
(b) any other data considered necessary by the state engineer.

Enacted by Chapter 319, 1990 General Session

73-5a-402 Standard operating plans required.
          The owner of each dam shall prepare a standard operating plan for the dam.  In the case of a dam in operation prior to May 1, 1991, the standard operating plan shall be submitted to the state engineer for the state engineer’s approval by May 1, 1994.  In the case of any dam beginning operations on or after May 1, 1991, the standard operating plan shall be submitted to the state engineer for the state engineer’s approval prior to the final inspection.

Amended by Chapter 302, 2025 General Session

73-5a-403 State engineer to specify contents of standard operating plans.
          By May 1, 1991, the state engineer shall adopt rules specifying the contents of standard operating plans.

Enacted by Chapter 319, 1990 General Session

Part 5
Inspection of Dams

73-5a-501 State engineer to inspect dams.
(1) The state engineer shall inspect each dam that in the state engineer’s opinion, if it failed:
(a) poses a threat to human life; or
(b) could cause significant property damage.
(2) An inspection required by Subsection (1) shall occur:
(a) at increments commensurate with the relative risk to life and property; and
(b) not less than once every five years.
(3) The state engineer may inspect a dam that is not exempt from regulation by this chapter.

Amended by Chapter 168, 2019 General Session

73-5a-502 Legislative findings -- Immunity from suit -- State engineer to set minimum standards for existing high hazard dams -- Exceptions -- Investigations and plans for compliance with minimum standards.
(1) The Legislature finds that:
(a) it is in the interest of the people of the state to improve the safety of existing dams;
(b) mutual irrigation companies and water users associations cannot afford to bring dams into conformance with the state’s current minimum safety standards without financial assistance from the state;
(c) due to limited financial, physical, and human resources, it is necessary to establish priorities for the upgrade of dams; and
(d) the state and its officers and employees are immune from suit for any injury or damage resulting from the exercise or performance or the failure to exercise or perform any function pursuant to this chapter.
(2) The state engineer shall establish minimum standards for existing high hazard dams by rule.  The standards for existing high hazard dams may differ from the design criteria established for new construction.
(3) No seismic standards shall be established for existing high hazard dams within the flood control use classification.
(4)
(a) In implementing this section, the state engineer will develop a priority list of high hazard dams.  The list will be determined by calculating the relative anticipated breach flows in the event of a dam failure.  The dams will be ranked from the largest breach flow to the smallest for all high hazard dams.
(b) The state engineer shall investigate annually 25 dams on the priority list in order of their ranking to determine in what areas they are deficient or do not meet minimum standards.
(c) Once a determination is made, the owner will be notified that the owner will be required to undertake investigations to determine requirements necessary to bring the dam into compliance with minimum standards.
(d) Once the owner has been informed of the deficiencies of the dam, the owner will be given 90 days to respond, in writing, as to what steps the owner is taking to investigate the deficiencies and the time required to complete the investigations.
(e) The state engineer will review the proposal, and if it appears reasonable, will approve it.
(5) The state engineer may not require any mutual irrigation company or water users association to upgrade a dam in conformance with minimum standards, unless a grant to pay for 80% of the costs is made available from the Board of Water Resources.

Amended by Chapter 264, 1996 General Session

73-5a-503 Owners required to perform maintenance -- Orders to protect life and property.
(1) Following an inspection, the state engineer shall specify what maintenance is necessary to keep the dam and appurtenant structures in satisfactory condition, and the owner of the dam shall be responsible for that maintenance.
(2) Depending upon the severity of problems specified under Subsection (1), the state engineer may issue orders for:
(a) engineering studies;
(b) repairs;
(c) storage limitations;
(d) removal of the dam;
(e) breaching of the dam; or
(f) any other remedy the state engineer determines is appropriate to protect life and property.

Amended by Chapter 168, 2019 General Session

Part 6
Emergencies

73-5a-601 Emergency action plans required.
(1)The owner of any dam which, in the state engineer’s opinion, may pose a threat to life or cause significant damage to property if it fails shall prepare a plan of action to be implemented when an emergency involving the dam occurs.
(2)In the case of a dam in operation prior to May 1, 1991, the emergency action plan shall be submitted to the state engineer for the state engineer’s approval by May 1, 1994.
(3)In the case of a dam beginning operations on or after May 1, 1991, the emergency action plan shall be submitted to the state engineer prior to the date of the final inspection.

Amended by Chapter 302, 2025 General Session

73-5a-602 State engineer to specify contents of emergency action plans.
          By May 1, 1991, the state engineer shall adopt rules specifying the contents of an emergency action plan.

Enacted by Chapter 319, 1990 General Session

73-5a-603 Emergency power of state engineer.
(1) The state engineer may intervene during dam emergencies if the owner of the dam cannot be found or is unwilling to take appropriate action.  Intervention may occur only when, in the judgment of the state engineer, the condition of any dam is so dangerous to the safety of life or property as to not permit time for issuance and enforcement of any order.
(2) Emergency actions may include:
(a) alerting appropriate public safety entities of the problem;
(b) draining the reservoir;
(c) hiring personnel or leasing equipment to undertake emergency operations; or
(d) taking other steps considered necessary to safeguard life and property.
(3) Any expenses incurred in undertaking emergency operations shall be reimbursed by the owner of the dam.

Enacted by Chapter 319, 1990 General Session

Part 7
Enforcement and Penalties

73-5a-701 Notice of violation -- Order for corrective action.
(1) If the state engineer determines that any person is violating any requirement of this chapter or the rules adopted under this chapter, the state engineer shall serve written notice upon the alleged violator which:
(a) specifies the violation; and
(b) alleges the facts constituting the violation.
(2) After serving notice as required in Subsection (1), the state engineer may issue an order for necessary corrective action and file an action in the appropriate district court.

Enacted by Chapter 319, 1990 General Session

73-5a-702 Civil penalties -- Costs -- Civil liability.
(1) Any person who violates this chapter or any lawful notice or order issued pursuant to this chapter shall be assessed a penalty not to exceed $5,000 per violation in a civil proceeding.
(2) In the case of a continuing violation, each day that the violation continues constitutes a separate and distinct offense.
(3) Any person who violates this chapter shall be liable for any expenses incurred by the state engineer in abating any violation of this chapter.
(4) A penalty assessment under this chapter does not relieve the person assessed from civil liability for claims arising out of any act which was also a violation.

Enacted by Chapter 319, 1990 General Session

Chapter 6
Withdrawal of Unappropriated Waters

73-6-1 Suspension of right to appropriate -- By proclamation of governor.
          For the purpose of preserving the surplus and unappropriated waters of any stream or other source of water supply for use by irrigation districts and organized agricultural water users, or for any use whatsoever, when in the judgment of the governor and the state engineer the welfare of the state demands it, the governor by proclamation may, upon the recommendation of the state engineer, suspend the right of the public to appropriate such surplus or unappropriated waters.

No Change Since 1953

73-6-2 Restoration by proclamation -- Priority of applications.
(1) Waters withdrawn from appropriation under this chapter may be restored by proclamation of the governor upon the recommendation of the state engineer.
(2) Such proclamation shall not become effective until notice thereof has been published:
(a) at least once a week for three successive weeks in a newspaper of general circulation within the boundaries of the river system or water source within which the waters so to be restored are situated; and
(b) in accordance with Section 45-1-101 for three weeks.
(3) Applications for appropriations shall not be filed during the time such waters are withdrawn from appropriation; provided, that after the first publication of notice aforesaid applications may be deposited with the state engineer and at the time such proclamation becomes effective the engineer shall hold public hearings, giving all applicants notice, to determine which applications so filed during the period of publication of such notice are most conducive to the public good, and shall file such applications in order of priority according to such determination.

Amended by Chapter 388, 2009 General Session

Chapter 10
Board of Water Resources - Division of Water Resources

73-10-1 State’s policy -- Creation of revolving fund -- General construction of chapter.
(1)
(a)The Legislature restates the following, previously-declared policies of the state of Utah:
(i)”All waters in this state, whether above or under the ground, are hereby declared to be the property of the public, subject to all existing rights to the use thereof”;
(ii)”Beneficial use shall be the basis, the measure and the limit of all rights to the use of water in this state”; and
(iii)to “obtain from water in the state the highest duty for domestic uses and irrigation of lands in the state within the terms of applicable interstate compacts and other law.”
(b)The Legislature by this chapter reiterates and reaffirms the declaration of the public policy of the state of Utah, described in Subsection (1)(a).
(2)It is further declared to be the policy of this chapter and of the state of Utah, and the Legislature recognizes:
(a)that by construction of projects based upon sound engineering the waters within the various counties of the state of Utah can be saved from waste and increased in efficiency of beneficial use by 25% to 100%;
(b)that because of well-known conditions such as low prices and lack of market for farm products, particularly the inefficiency of water supply because of lack of late season water and consequent lack of financial strength, water users in small communities have been unable to build projects that would provide full conservation and beneficial use for the limited water supply in this semiarid land;
(c)that water, as the property of the public, should be so managed by the public that it can be put to the highest use for public benefit;
(d)that Congress of the United States has provided for the building of larger water conservation projects throughout the semiarid states, payment of the capital costs without interest to be made by the water users upon the basis of a fair portion of crop returns;
(e)that the Congress of the United States has established in the department of interior and in the department of agriculture, various agencies having authority to develop, protect, and aid in putting to beneficial use the land and water resources of the United States and to cooperate with state agencies having similar authority;
(f)that the interests of the state of Utah require that means be provided for close cooperation between all state and federal agencies to the end that the underground waters and waters of the small streams of the state, and the lands thereunder, can be made to yield abundantly and increase the income and well-being of the citizens of the state; and
(g)that it appears to be sound public policy for the state of Utah to provide a revolving fund, to be increased at each legislative session, to the end that every mountain stream and every water resource within the state can be made to render the highest beneficial service, such fund to be so administered that no project will be built except upon expert engineering, financial, and geological approval.

Amended by Chapter 261, 2025 General Session

73-10-1.5 Board of Water Resources -- Creation -- Transfer of powers and duties.
          There is created within the Department of Natural Resources a Board of Water Resources which, except as otherwise provided in this act, shall assume all of the policy-making functions, powers, duties, rights and responsibilities of the Utah water and power board, together with all functions, powers, duties, rights and responsibilities granted to the Board of Water Resources by this act. The Board of Water Resources shall be the policy-making body of the Division of Water Resources. Except as otherwise provided in this act, whenever reference is made in Title 73, Water and Irrigation, or any other provision of law, to the Utah Water and Power Board, it shall be construed as referring to the Board of Water Resources where such reference pertains to policy-making functions, powers, duties, rights and responsibilities; but in all other instances such reference shall be construed as referring to the Division of Water Resources.

Enacted by Chapter 176, 1967 General Session

73-10-2 Board of Water Resources -- Members -- Appointment -- Terms -- Vacancies.
(1)The Board of Water Resources shall be comprised of nine members to be appointed by the governor with the advice and consent of the Senate in accordance with Title 63G, Chapter 24, Part 2, Vacancies.
(2)Subject to Section 79-2-203, the Board of Water Resources shall consist of:
(a)one member appointed from each of the following districts:
(i)Bear River District, comprising the counties of Box Elder, Cache, and Rich;
(ii)Weber District, comprising the counties of Weber, Davis, Morgan, and Summit;
(iii)Salt Lake District, comprising the counties of Salt Lake and Tooele;
(iv)Provo River District, comprising the counties of Juab, Utah, and Wasatch;
(v)Sevier River District, comprising the counties of Millard, Sanpete, Sevier, Piute, and Wayne;
(vi)Green River District, comprising the counties of Daggett, Duchesne, and Uintah;
(vii)Upper Colorado River District, comprising the counties of Carbon, Emery, Grand, and San Juan; and
(viii)Lower Colorado River District, comprising the counties of Beaver, Garfield, Iron, Washington, and Kane; and
(b)one member that represents the interests of the Great Salt Lake.
(3)
(a)Except as required by Subsection (3)(b), all appointments shall be for terms of four years.
(b)Notwithstanding the requirements of Subsection (3)(a), the governor shall, at the time of appointment or reappointment, adjust the length of terms to ensure that the terms of board members are staggered so that approximately half of the board is appointed every two years.
(c)When a vacancy occurs in the membership for any reason, the governor shall appoint a replacement member for the unexpired term, with the advice and consent of the Senate, who:
(i)is from the same district as the individual leaving the board; or
(ii)if the individual leaving the board is appointed under Subsection (2)(b), represents the interests of the Great Salt Lake.
(4)A member may not receive compensation or benefits for the member’s service, but may receive per diem and travel expenses in accordance with:
(a)Section 63A-3-106;
(b)Section 63A-3-107; and
(c)rules made by the Division of Finance pursuant to Sections 63A-3-106 and 63A-3-107.
(5)A member shall comply with the conflict of interest provisions described in Title 63G, Chapter 24, Part 3, Conflicts of Interest.

Amended by Chapter 57, 2025 General Session
Amended by Chapter 102, 2025 General Session

73-10-3 Organization of board.
The board shall elect a chair and one or more vice-chairs who shall be members of the board, and shall establish the board’s own rules of organization and procedure.

Amended by Chapter 522, 2024 General Session

73-10-4 Powers and duties of board.
(1)The board shall have the following powers and duties to:
(a)authorize studies, investigations, and plans for the full development, use, and promotion of the water and power resources of the state, including preliminary surveys, stream gauging, examinations, tests, and other estimates either separately or in consultation with federal, state and other agencies;
(b)enter into contracts subject to the provisions of this chapter for the construction or purchase of a project that in the opinion of the board will conserve and use for the best advantage of the people of this state the water and power resources of the state, including projects beyond the boundaries of the state of Utah located on interstate waters when the benefit of such projects accrues to the citizens of the state;
(c)sue and be sued in accordance with applicable law;
(d)enter into a contract that the Utah water agent, appointed under Section 73-10g-702, recommends for a water augmentation project under Section 73-10g-703;
(e)cooperate with the Utah water agent, appointed under Section 73-10g-702, in matters affecting interstate compact negotiations and the administration of the compacts affecting the waters of interstate rivers, lakes and other sources of supply, with the exception of:
(i)the waters of the Colorado River system that are governed by Title 63M, Chapter 14, Colorado River Authority of Utah Act; or
(ii)state representation under:
(A)the Bear River Compact as provided in Section 73-16-4; or
(B)the Columbia Interstate Compact as provided in Section 73-19-9;
(f)contract with federal and other agencies and with the National Water Resources Association and to make studies, investigations and recommendations and do all other things on behalf of the state for any purpose that relates to the development, conservation, protection and control of the water and power resources of the state;
(g)consult and advise with the Utah Water Users’ Association and other organized water users’ associations in the state;
(h)consider and make recommendations on behalf of the state of reclamation projects or other water development projects for construction by any agency of the state or United States and in so doing recommend the order in which projects shall be undertaken; or
(i)review, approve, and revoke an application to create a water bank under Chapter 31, Water Banking Act, collect an annual report, maintain the water banking website, and conduct any other function related to a water bank as described in Chapter 31, Water Banking Act.
(2)Nothing contained in this section shall be construed to impair or otherwise interfere with the authority of the state engineer granted by this title, except as specifically otherwise provided in this section.

Amended by Chapter 119, 2025 General Session

73-10-5 Selection of project by board -- Preparation of plans and estimate of cost -- Contracts by board.
          When a project to be constructed with money made available from the funds created by Section 73-10-8 has been selected by the board, which in its opinion, will conserve the water resources of this state for the best interests of the citizens of the state, the board shall cause plans and cost estimates of such project to be prepared. Such plans and cost estimates shall then be referred to the director of the Division of Finance who shall determine whether or not funds are available for the construction of the project. If the director of the Division of Finance approves the project so far as the availability of funds is concerned, the Utah water and power board shall then enter into a contract or contracts for the construction of the project. Such contracts shall not be binding upon the state until approved by the director of the Division of Finance from the standpoint of whether or not the cost of the work is reasonable and whether the contract has been entered into under the terms and conditions most advantageous to the state.

Amended by Chapter 320, 1983 General Session

73-10-6 Making water available to citizens of state -- Assessment of charges against water users -- Water Resources Construction Fund.
          The Board of Water Resources may make available for the use of the citizens of the state who are, in its opinion, best able to utilize the same, any or all water and power conserved by any of the projects to which the state may have title and may enter into contracts for the use of said water and power with individuals or with organizations composed of citizens of the state of Utah.  The board may assess against any person using such water and power such charges as, in the opinion of the board, are necessary and reasonable for the maintenance of the project and return to the state the actual costs of the project over such term of years as the board may deem it advisable.  Any amount collected as charges over and above the amount necessary to maintain any particular project shall become part of the Water Resources Construction Fund.

Amended by Chapter 169, 1988 General Session

73-10-7 Title to projects -- Contractual powers of board.
          Title of all projects constructed with funds made available by Section 73-10-8 hereof under the terms of this act shall become vested in the state of Utah. The board is empowered to enter into contracts which are, in its opinion, necessary for the maintenance and continued operation of such projects.

No Change Since 1953

73-10-8 Water Resources Construction Fund -- Creation and contents of fund -- Use -- Investigation Account created -- Interest -- Retainage -- Loans and grants for dam safety work.
(1) There is created the Water Resources Construction Fund, which consists of:
(a) money appropriated or otherwise made available to it by the Legislature;
(b) money from the sale or management of the 500,000 acres of land selected for the establishment of reservoirs under Section 12 of the Utah Enabling Act;
(c) charges assessed against water and power users pursuant to Section 73-10-6; and
(d) interest accrued pursuant to Subsection (5).
(2) The board may authorize the use of money in the fund for the following purposes:
(a) to develop water conservation projects, including paying the costs of construction, engineering, investigation, inspection, and other related expenses;
(b) to provide loans and grants to dam owners to conduct dam safety studies;
(c) to provide loans and grants to dam owners:
(i) to upgrade dams in conformance with the minimum standards established by the state engineer in rules; or
(ii) for nonstructural solutions developed to meet minimum standards or lower hazard ratings that are approved by the state engineer, including the purchase of habitable structures, purchase of flood easements, and installation of early warning systems; or
(d) as otherwise provided by law.
(3) The board may provide for the repayment of the costs of investigation, engineering, and inspection out of the first money to be paid under a contract for the construction of a water project. The money repaid shall be deposited into a subaccount within the Water Resources Construction Fund known as the Investigation Account, to be used by the board for the purpose of making investigations for the development and use of the water resources of the state.
(4) Contributions of money, property, or equipment may be received from any political subdivision of the state, federal agency, water users’ association, person, or corporation for use in making investigations, constructing projects, or otherwise carrying out the purposes of this section.
(5) All money deposited into the Water Resources Construction Fund shall be invested by the state treasurer with interest accruing to the Water Resources Construction Fund.
(6) If any payment on a contract with a private contractor to construct a project funded by the Water Resources Construction Fund is retained or withheld, it shall be retained or withheld and released as provided in Section 13-8-5.
(7) Loans to dam owners for dam safety studies and to upgrade dams in conformance with minimum standards shall be secured by taking water rights associated with the dam.
(8) The following restrictions apply to any grant made to a dam owner for a dam safety study:
(a) only a nonprofit mutual irrigation company or a water users association is eligible to receive a grant;
(b) the dam safety study shall be required by the state engineer pursuant to Section 73-5a-503; and
(c) the amount of any grant shall be limited to up to 50% of the costs of the dam safety study.
(9)
(a) The board may provide grants to mutual irrigation companies and water users associations to upgrade dams in conformance with minimum standards of the state engineer.  Each grant authorized by the board for the upgrade of a dam of a mutual irrigation company or water users association in conformance with the minimum standards shall be sufficient to pay for 80% of the costs to upgrade the dam.
(b)
(i) Pursuant to guidelines specified in Subsection (9)(b)(ii), the board may provide loans or grants, or both, to entities other than mutual irrigation companies and water users associations to upgrade dams in conformance with minimum standards of the state engineer.
(ii) In determining the type of financial assistance to be provided to an entity other than a mutual irrigation company or water users association, the board shall consider the dam owner’s ability to pay and may consider other factors including:
(A) the degree of hazard;
(B) the threat to public safety;
(C) the state engineer’s priority list of dams;
(D) the cost effectiveness of the restoration;
(E) the number of potential and actual applications for financial assistance; and
(F) the funds available.
(10) The amount of money in the fund that may be used for grants for dam safety studies shall be limited to the amount of money appropriated to the fund for that purpose.
(11) The board shall consult with the state engineer in establishing a priority list of dams to be upgraded with money in the fund.
(12) A dam owner who has initiated or completed construction approved by the state engineer to upgrade the dam in conformance with minimum standards may apply for a grant or loan from the board as reimbursement for those construction expenditures.

Amended by Chapter 342, 2011 General Session

73-10-11 Counsel to board and representative -- Utilization of other departments -- Duty of executive secretary of board to collect on water contracts.
          The attorney general shall act as legal counsel to the board, and to its representative as hereinbefore provided for, and the board shall wherever practicable utilize the services and facilities of other departments of the state government. The executive secretary of the Utah water and power board shall be charged with the duty of collecting any and all amounts due on contracts with water users.

Amended by Chapter 133, 1953 Special Session C

73-10-15 State water plan -- Entities to cooperate in formulation of plan.
(1)As used in this section:
(a)”Division” means the Division of Water Resources created under Section 73-10-18.
(b)”State water plan” means a comprehensive framework that identifies available water resources, recommends strategies for water resource optimization, and guides efforts to manage available water supplies.
(2)
(a)Beginning on or before December 31, 2026, the division shall publish a state water plan that:
(i)is consistent with the state water policy established in Section 73-1-21;
(ii)references the state unified water infrastructure plan created by the Water Development Coordinating Council under Section 73-10g-602;
(iii)fosters communities and businesses;
(iv)facilitates local agriculture;
(v)addresses outdoor recreation; and
(vi)provides for a healthy environment.
(b)The state water plan may include recommendations for policy, fiscal support, implementation of findings by governmental and private institutions, and public engagement.
(c)In formulating the state water plan, the division shall seek input from a wide range of stakeholders, including representatives from agriculture and other water dependent businesses, conservationists, recreation interests, government entities, academia, and Utah residents in general.
(d)The division shall update the state water plan no less frequently than every ten years.
(3)The following shall cooperate with the division in the formulation of the state water plan:
(a)the following state entities:
(i)the Governor’s Office of Planning and Budget;
(ii)the Department of Agriculture and Food;
(iii)within the Department of Natural Resources:
(A)the Division of Water Rights;
(B)the Utah Geological Survey;
(C)the Division of Wildlife Resources;
(D)the Division of Forestry, Fire, and State Lands; and
(E)the Public Lands Policy Coordinating Office;
(iv)within the Department of Environmental Quality:
(A)the Division of Drinking Water; and
(B)the Division of Water Quality;
(v)the Office of the Great Salt Lake Commissioner; and
(vi)the Colorado River Authority of Utah;
(b)the following local entities:
(i)a water conservancy district created under Title 17B, Chapter 2a, Part 10, Water Conservancy District Act; and
(ii)a local watershed council created under Chapter 10g, Part 3, Watershed Councils Act; and
(c)any other state or local entity that the division considers necessary.
(4)A state entity identified in Subsection (3)(a) shall designate an individual to assist and advise the division in the formulation of a state water plan.
(5)The division shall use information, including water resources data, that has been or will be assembled by state entities, the United States government, various colleges and universities of the state, or any other source that can profitably contribute to the development of the state water plan.
(6)In accordance with this section, an entity described in Subsection (3) shall cooperate with the division unless the cooperation would directly impair the authority granted to the entity by statute.
(7)The Utah Watersheds Council shall advise the division concerning state water planning activities.

Repealed and Re-enacted by Chapter 335, 2024 General Session

73-10-16 State water plan -- Payment for special studies and investigations.
          Special studies or investigations needed for development of a water plan which might be requested of other agencies, but not included in the budgets or the work programs of such agencies, may be paid for from funds hereby appropriated for the formulation of a state water plan.

Enacted by Chapter 178, 1963 General Session

73-10-18 Division of Water Resources -- Creation -- Power and authority.
(1)There is created the Division of Water Resources, which shall be within the Department of Natural Resources under the administration and general supervision of the executive director of the Department of Natural Resources and under the policy direction of the Board of Water Resources.
(2)Except for the waters of the Colorado River system that are governed by Title 63M, Chapter 14, Colorado River Authority of Utah Act, or state representation under the Bear River Compact or Columbia Interstate Compact, the Division of Water Resources shall:
(a)be the water resource authority for the state; and
(b)assume all of the functions, powers, duties, rights, and responsibilities of the Utah water and power board except those which are delegated to the board by this act and is vested with such other functions, powers, duties, rights and responsibilities as provided in this act and other law.
(3)Notwithstanding Subsection (2), the Utah water agent, appointed under Section 73-10g-702, has authority over out-of-state negotiations related to water importation in accordance with Chapter 10g, Part 7, Utah Water Agent, except when limited by Section 73-10g-703.

Amended by Chapter 93, 2025 General Session

73-10-19 Director’s power and authority.
          The director shall:
(1) be the executive and administrative head of the Division of Water Resources;
(2) be selected with special reference to training, experience, and interest in the field of water conservation and development;
(3) administer the Division of Water Resources;
(4) succeed to all of the powers and duties conferred upon the executive secretary of the Utah water and power board pursuant to Title 73, Chapter 10, Board of Water Resources - Division of Water Resources; and
(5) have the power, within rules established by the Board of Water Resources, to:
(a) make studies, investigations, and plans for the full development and utilization and promotion of the water and power resources of the state, including preliminary surveys, stream gauging, examinations, tests, and other estimates either separately or in consultation with federal, state, and other agencies;
(b) initiate and conduct water resource investigations, surveys and studies, prepare plans and estimates, make reports thereon, and perform necessary work to develop an over-all state water plan;
(c) file applications in the name of the division for the appropriation of water;
(d) take all action necessary to acquire or perfect water rights for projects sponsored by the board; and
(e) accept, execute, and deliver deeds and all other conveyances.

Amended by Chapter 58, 2016 General Session

73-10-20 Loans for water systems -- Legislative declaration -- Authority of Division of Water Resources to audit water data.
          The Legislature recognizes and declares that:
(1) the development, protection, and maintenance of adequate and safe water supplies for human consumption is vital to public health, safety, and welfare;
(2) there exists within the state a need to assist cities, towns, improvement districts, and special service districts in providing an adequate and safe water supply for those users from municipal and district systems; and
(3) the acquisition or construction of systems and the improvement and extension of existing systems, based on proper planning and sound engineering, will not only provide safer water supplies, but will also serve to ensure that the water resources of the state are used in an efficient manner and will avoid wasteful practices.

Amended by Chapter 58, 2016 General Session

73-10-21 Loans for water systems -- Eligible projects.
          This chapter shall apply to all eligible projects of incorporated cities and towns, special districts under Title 17B, Limited Purpose Local Government Entities - Special Districts, assessment areas under Title 11, Chapter 42, Assessment Area Act, and special service districts under Title 17D, Chapter 1, Special Service District Act.  Eligible projects are those for the acquisition, improvement, or construction of water systems used for the production, supply, transmission, storage, distribution, or treatment of water for cities, towns, metropolitan water districts, water conservancy districts, improvement districts, special improvement districts, or special service districts, or the improvement or extension of such systems.

Amended by Chapter 16, 2023 General Session

73-10-23 Loans for water systems -- Board of Water Resources authority -- Procedure.
(1)The Board of Water Resources may make loans to cities, towns, metropolitan water districts, water conservancy districts, improvement districts, special improvement districts, or special service districts within the state for the acquisition or construction of new or existing water systems or the improvement or extension of those systems from money appropriated for the purpose of this chapter.
(2)
(a)Cities, towns, or districts which participate in this program shall submit an application for money to the Board of Water Resources.
(b)The application may request a loan to cover all or part of the cost of an eligible project.
(c)Requests for loans shall be submitted in a form and shall include information as the Board of Water Resources prescribes.
(3)
(a)The Board of Water Resources shall establish criteria for determining eligibility for loans and shall determine appropriate priorities among projects.
(b)Money received from the repayment of loans shall be deposited into the Water Resources Conservation and Development Fund created in Section 73-10-24 and be available for additional loans under the administration of the Board of Water Resources.
(c)In determining priorities for eligible projects, the Board of Water Resources shall consider:
(i)probable growth of population due to actual or prospective economic development in an area;
(ii)possible additional sources of state and local revenue;
(iii)opportunities for expanded employment;
(iv)present or potential health hazards;
(v)water systems which do not meet minimum state standards;
(vi)cities, towns, or districts which have insufficient water to meet current demands;
(vii)feasibility and practicality of the project;
(viii)per capita cost of the project;
(ix)per capita income of the residents in the area;
(x)the borrowing capacity of the city, town, or district and its ability to sell bonds in the open market; and
(xi)the availability of federal money for the project.
(4)
(a)The Board of Water Resources shall consult with the Governor’s Advisory Council on Community Affairs in the establishment of priorities but that advice is not binding upon the Board of Water Resources.
(b)If an application is rejected, the Board of Water Resources shall notify the applicant stating the reasons for the rejection.
(5)The Board of Water Resources shall review the plans and specifications for the project prior to approval and may condition approval and the availability of money on assurances the Board of Water Resources considers necessary to ensure that the proceeds of the loan will be used to pay the cost of the project and that the project will be completed.
(6)Any loan shall specify the terms for repayment and may be evidenced by general obligation bonds, revenue bonds, special assessment bonds, or other bonds or obligations legally issued by the appropriate city, town, metropolitan water district, water conservancy district, improvement district, special improvement district, or special service district and purchased by the Board of Water Resources pursuant to the authority for the issuance that exists at the time of the loan.
(7)
(a)Upon approval of an application, the Board of Water Resources shall advise the applicant and may provide money as a loan to cover all or part of the costs of eligible projects.
(b)Costs of an eligible project may include all costs of acquisition and construction as well as costs incurred for preliminary planning to determine the economic and engineering feasibility of a proposed project, the engineering, architectural, legal, fiscal, and economic investigations and studies, surveys, designs, plans, working drawings, specifications, procedures, and other action necessary to the project and its financing; the cost of erection, building, acquisition, modification, improvement, or extension of water system facilities and the inspection and supervision of the construction of such facilities.
(8)A loan may not include any project costs for which the applicant receives federal financial assistance, other than federal loans that must be repaid by the applicant.

Amended by Chapter 105, 2025 General Session

73-10-24 Water Resources Conservation and Development Fund created.
          There is created a Water Resources Conservation and Development Fund to further enhance the state’s ability to carry out the policy described in Section 73-10-1.  The fund shall be administered by the Board of Water Resources.  The fund is a revolving fund established for the construction, operation, and maintenance of projects considered by the board to be outside the scope of financing by the Water Resources Construction Fund, as created by Section 73-10-8, and shall include, but not be limited to, flood control projects.

Amended by Chapter 169, 1988 General Session

73-10-25 Contents of fund -- Investment -- Contributions -- Transfers.
(1)The Water Resources Conservation and Development Fund consists of:
(a)money appropriated to it by the Legislature;
(b)money received from the sale of project water and power, less operating and maintenance costs;
(c)annual payments on contracts for projects constructed under Section 73-10-24 or the State Water Conservation Program;
(d)other money or tax revenues designated by the Legislature to be credited to the Water Resources Conservation and Development Fund; and
(e)money transferred from the Water Infrastructure Fund in accordance with Subsection 73-10g-603(1)(f).
(2)Money deposited into the Water Resources Conservation and Development Fund shall be invested by the state treasurer with interest accruing to the Water Resources Conservation and Development Fund, except for payments, if any, necessary to comply with Section 148(f), Internal Revenue Code of 1986.
(3)A contribution of money, property, or equipment may be received from a political subdivision of the state, federal agency, water users’ association, or person for use in carrying out the purposes of Section 73-10-24.
(4)Notwithstanding Subsection (1), the division shall transfer a payment on a loan to the Water Infrastructure Restricted Account, created in Section 73-10g-103, if the loan:
(a)is issued from the Water Resources Conservation and Development Fund on or after July 1, 2023; and
(b)relates to a project described in Subsection 73-10g-104(4).
(5)The Board of Water Resources may direct the transfer of money out of the Water Resources Conservation and Development Fund to the Water Infrastructure Fund in accordance with Section 73-10g-107.

Amended by Chapter 105, 2025 General Session

73-10-25.1 Credit enhancement and interest buy-down agreements.
(1)The Board of Water Resources may enter into credit enhancement agreements with political subdivisions containing terms and provisions that the board determines will reasonably improve the security for or marketability of water project obligations financed using the Water Resources Conservation and Development Fund created in Section 73-10-24.  Credit enhancement agreements may include provisions for loans to political subdivisions to pay the costs of obtaining letters of credit or other forms of insurance or security to provide security for water project obligations.
(2)The Board of Water Resources may make loans or grants from the Water Resources Conservation and Development Fund to political subdivisions for interest buy-down agreements for water development projects.

Amended by Chapter 105, 2025 General Session

73-10-26 Definitions -- Construction of a project by board -- Ownership and operation -- Transfer of a water right -- Purchase of a bond from an Indian tribe.
(1) As used in this section:
(a) “Board” means the Board of Water Resources created in Section 73-10-1.5.
(b) “Bond” means:
(i) a written obligation to repay borrowed money, whether denominated a bond, note, warrant, certificate of indebtedness, or otherwise; and
(ii) a lease agreement, installment purchase agreement, or other agreement that includes an obligation to pay money.
(c) “Division” means the Division of Water Resources created in Section 73-10-18.
(d) “Project” means a facility, works, or other real or personal property that:
(i) conserves or develops the water or hydroelectric power resources of the state; or
(ii) controls flooding.
(2)
(a) The board, through the division, may construct a project.
(b) An electric public utility or a municipality of the state may construct an electrical facility incidental to a project.
(c) If the state constructs the electrical facility, the state must first offer the power and energy derived from the hydroelectric generating project to an electric public utility or municipality in the state for distribution to electric consumers.
(3)
(a) The board, through the division, may consider a flood control project in the same manner and apply the same procedures and rules as the board would consider or apply to another project within its statutory authority.
(b) If funds controlled by the board are to be used for the flood control project, the planning of the project is subject to the review of the board.
(c) If the flood control project is authorized for construction, the plans, specifications, and construction supervision shall be undertaken as prescribed by the board.
(4) The board may enter into an agreement for the construction or financing of a project financed with money from the Water Resources Conservation and Development Fund with another state, the federal government, a political subdivision of the state, an Indian tribe, or a private corporation.
(5)
(a)
(i) Except as provided by Subsections (5)(a)(ii) and (b), title to a project, including a water right, constructed or acquired with money from the Water Resources Conservation and Development Fund is vested in the state.
(ii) The board may take a bond legally issued by the project sponsor in lieu of or in addition to taking title to the project and water right.
(b) If an Indian tribe sponsors a project, the board may take a bond legally issued by the tribe, to the extent that federal law allows the tribe to issue a bond, in lieu of taking title to the project and water right, if the tribe:
(i) waives the defense of sovereign immunity regarding the bond issue in an action arising out of the issuance or default under the bond; and
(ii) agrees in writing that it will not challenge state court jurisdiction over any litigation resulting from default on its obligation in the transaction.
(c) Before entering into an agreement with or purchasing a bond from a tribe, the board shall:
(i) require that the tribe obtain the written approval of the Secretary of the United States Department of the Interior or the secretary’s designee to all aspects of the agreement or bond;
(ii) obtain a legal opinion from a recognized bond counsel certifying:
(A) that the tribe has legal authority to:
(I) enter into the agreement; or
(II) issue the bond;
(B) that the pledge of an asset or revenue by the tribe as security for the payments under the agreement or bond is a valid and legally enforceable pledge; and
(C) that the agreement or bond may be enforced in a court of general jurisdiction in the state; and
(iii) determine whether it has sufficient legal recourse against the tribe and against a security pledged by the tribe in the event of default.
(6)
(a) The board may own and operate a project if:
(i) the project is consistent with the plan adopted by the board; and
(ii) in the opinion of the board the ownership and operation of the project by the board is in the best interest of the state.
(b) In the ownership and operation of a project referred to in Subsection (6)(a), the board shall use a water right held in its name under authority of Section 73-10-19.
(c)
(i) The board may enter into a contract with another state, the federal government, a political subdivision of the state, an Indian tribe, or a private corporation for operation, maintenance, and administration of the project.
(ii) The board may pay the contracting agency a reasonable sum for operation, maintenance, and administration of the project.
(7)
(a) The board may also:
(i) enter into an agreement in which title to a project is conveyed to a cooperating project sponsor after charges assessed against the project have been paid to the state in accordance with the terms of the construction agreement or amendment to the agreement;
(ii) make the water and power available to the state’s citizens who are, in the board’s opinion, best able to use the water and power:
(A) that is conserved by the project; and
(B) to which the state has title;
(iii) enter into a contract for the use of the water and power with an individual or an organization composed of the state’s citizens; and
(iv) assess a reasonable fee against a person using water and power from a project.
(b) The amount collected over the amount to be returned to the state for payment of the principal, interest, and maintenance of the project shall be deposited in the Water Resources Conservation and Development Fund as established by Section 73-10-24.
(8) The board shall retain ownership of a water right used for a project owned and operated by the board unless:
(a) the water right originally held by a cooperating project sponsor is conveyed to the project sponsor upon payment to the state of charges assessed against the project in accordance with the terms of the construction agreement or an amendment to the agreement; or
(b) the board transfers an unperfected water right held by the board that is not being used in a state-owned project to a political subdivision of the state, an agency of the federal government, or a nonprofit water company.
(9) A transfer of the board’s water right shall be made to the entity that is best able to use the water right for the benefit of the state’s citizens.

Amended by Chapter 267, 2008 General Session

73-10-27 Definitions -- Project priorities -- Considerations --  Bids and contracts -- Definitions -- Retainage.
(1)As used in this section:
(a)”Board” means the Board of Water Resources created in Section 73-10-1.5.
(b)”Estimated cost” means the cost of the labor, material, and equipment necessary for construction of the contemplated project.
(c)”Lowest responsible bidder” means a licensed contractor:
(i)who:
(A)submits the lowest bid; and
(B)furnishes a payment bond and a performance bond under Sections 14-1-18 and 63G-6a-1103; and
(ii)whose bid:
(A)is in compliance with the invitation for a bid; and
(B)meets the plans and specifications.
(2)In considering the priority for a project to be built or financed with funds made available under Section 73-10-24, the board shall give preference to a project that:
(a)is sponsored by, or for the benefit of, the state or a political subdivision of the state;
(b)meets a critical local need;
(c)has greater economic feasibility;
(d)will yield revenue to the state within a reasonable time or will return a reasonable rate of interest, based on financial feasibility; and
(e)meets other considerations deemed necessary by the board, including wildlife management and recreational needs.
(3)A project may not be built if the project is not:
(a)in the public interest, as determined by the board; or
(b)adequately designed based on sound engineering and geologic considerations.
(4)In preparing a project constructed by the board, the board shall:
(a)based on a competitive bid, award a contract for:
(i)a flood control project:
(A)involving a city or county; and
(B)costing in excess of $35,000;
(ii)the construction of a storage reservoir in excess of 100 acre-feet; or
(iii)the construction of a hydroelectric generating facility;
(b)publish an advertisement for a competitive bid:
(i)at least once a week for three consecutive weeks in a newspaper with general circulation in the state, with the last date of publication appearing at least five days before the schedule bid opening; and
(ii)indicating that the board:
(A)will award the contract to the lowest responsible bidder; and
(B)reserves the right to reject any and all bids;
(c)readvertise the project in the manner specified in Subsection (4)(b) if the board rejects all of the initial bids on the project; and
(d)keep an accurate record of all facts and representations relied upon in preparing the board’s estimated cost for a project that is subject to the competitive bidding requirements of this section.
(5)If no satisfactory bid is received by the board upon the readvertisement of the project in accordance with Subsection (4), the board may proceed to construct the project in accordance with the plan and specifications used to calculate the estimated cost of the project.
(6)If a payment on a contract with a private contractor for construction of a project under this section is retained or withheld, it shall be retained or withheld and released as provided in Section 13-8-5.

Amended by Chapter 88, 2024 General Session

73-10-28 Charges for use -- Interest.
(1) As used in this section, “board” means the Board of Water Resources created in Section 73-10-1.5.
(2) The board shall establish:
(a) a charge for the use of water, power, or a facility based on:
(i) a contractual agreement approved by the board for a project owned by the state; and
(ii) the ability of an individual project to return the investment to the state; and
(b) an interest rate for the money the board lends to finance a project based on:
(i) market conditions;
(ii) the repayment ability of the project; and
(iii) other factors considered relevant by the board.

Amended by Chapter 267, 2008 General Session

73-10-29 Additional amounts allocated -- Repayment.
          The board, in addition to the amount allocated to a project to cover the actual cost of construction, may allocate to the project constructed by it, under contract or otherwise, such amounts as may be determined by it for investigating, engineering, inspection, and other expenses, and may provide for the repayment of the same out of the first money repayable from the project under the contract for its construction, and such money so repaid shall be accounted for within the Water Resources Construction Fund, to be used by the board for the purpose of making investigations for the development of the water resources of the state.

Amended by Chapter 169, 1988 General Session

73-10-30 Construction in conjunction with Water Resources Construction Fund -- Supplemental financing.
(1) Projects authorized under this chapter may be constructed in participation with money from the Water Resources Construction Fund when authorized by the board.
(2) Projects specified by the Legislature to be financed by general obligation bonds of the state may receive supplemental financing from the Water Resources Conservation and Development Fund when needed and money is available.

Amended by Chapter 342, 2011 General Session

73-10-32 Definitions -- Water conservation plan required.
(1) As used in this section:
(a) “Division” means the Division of Water Resources created under Section 73-10-18.
(b) “Water conservancy district” means an entity formed under Title 17B, Chapter 2a, Part 10, Water Conservancy District Act.
(c) “Water conservation plan” means a written document that contains existing and proposed water conservation measures describing what will be done by a water provider, and the end user of culinary water to help conserve water in the state in terms of per capita use of water provided through culinary water infrastructure owned or operated by the water provider so that adequate supplies of water are available for future needs.
(d) “Water provider” means:
(i) a retail water supplier, as defined in Section 19-4-102; or
(ii) a water conservancy district.
(2)
(a) A water conservation plan shall contain:
(i)
(A) a clearly stated overall water use reduction goal that is consistent with Subsection (2)(d); and
(B) an implementation plan for each water conservation measure a water provider chooses to use, including a timeline for action and an evaluation process to measure progress;
(ii) a requirement that a notification procedure be implemented that includes the delivery of the water conservation plan to the media and to the governing body of each municipality and county served by the water provider;
(iii) a copy of the minutes of the meeting regarding a water conservation plan and the notification procedure required in Subsection (2)(a)(ii) that shall be added as an appendix to the water conservation plan; and
(iv) for a retail water supplier, as defined in Section 19-4-102, the retail water supplier’s rate structure that is:
(A) adopted by the retail water supplier’s governing body in accordance with Section 73-10-32.5; and
(B) current as of the day the retail water supplier files a water conservation plan.
(b) A water conservation plan may include information regarding:
(i) the installation and use of water efficient fixtures and appliances, including toilets, shower fixtures, and faucets;
(ii) residential and commercial landscapes and irrigation that require less water to maintain;
(iii) more water efficient industrial and commercial processes involving the use of water;
(iv) water reuse systems, both potable and not potable;
(v) distribution system leak repair;
(vi) dissemination of public information regarding more efficient use of water, including public education programs, customer water use audits, and water saving demonstrations;
(vii) water rate structures designed to encourage more efficient use of water;
(viii) statutes, ordinances, codes, or regulations designed to encourage more efficient use of water by means such as water efficient fixtures and landscapes;
(ix) incentives to implement water efficient techniques, including rebates to water users to encourage the implementation of more water efficient measures;
(x) regional conservation planning and shared shortage agreements; and
(xi) other measures designed to conserve water.
(c) The division may be contacted for information and technical resources regarding measures listed in Subsection (2)(b).
(d)
(i) The division shall adopt by rule, made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, regional water conservation goals that:
(A) are developed by the division;
(B) take into consideration goals established in the Colorado River management plan adopted pursuant to Section 63M-14-204;
(C) for areas in the Great Salt Lake watershed, take into consideration the Great Salt Lake, including the water budget associated with the integrated surface and ground water assessment described in Section 73-10g-402;
(D) take into consideration how growth and regional conservation goals impact agriculture water use;
(E) are reevaluated by December 31, 2030, and every 10 years after December 31, 2030; and
(F) define what constitutes “water being conserved” under a water conservation goal after considering factors such as depletion, diversion, use, consumption, or return flows.
(ii) As part of a water conservation plan, a water provider shall adopt one of the following:
(A) the regional water conservation goal applicable to the water provider;
(B) a water conservation goal that would result in more water being conserved than would be conserved under the regional water conservation goal; or
(C) a water conservation goal that would result in less water being conserved than would be conserved under the regional water conservation goal with a reasonable justification as to why the different water conservation goal is adopted and an explanation of the factors supporting the reasonable justification, such as demographics, geography, lot sizes, make up of water service classes, or availability of secondary water.
(3)
(a) A water provider shall:
(i) prepare and adopt a water conservation plan; and
(ii) file a copy of the water conservation plan with the division.
(b)
(i) Before adopting or amending a water conservation plan, a water provider shall hold a public hearing with reasonable, advance public notice in accordance with this Subsection (3)(b).
(ii) The water provider shall provide public notice at least 14 days before the date of the public hearing.
(iii) A water provider meets the requirements of reasonable notice required by this Subsection (3)(b) if the water provider posts notice of the public hearing:
(A) for the service area of the water provider, as a class A notice under Section 63G-30-102, for at least 14 days; and
(B) if the water provider is a private entity and has a public website, on the water provider’s public website.
(iv) Proof that notice described in Subsection (3)(b)(iii) was given is prima facie evidence that notice was properly given.
(v) If notice given under authority of this Subsection (3)(b) is not challenged within 30 days from the date of the public hearing for which the notice was given, the notice is considered adequate and proper.
(c) A water provider shall:
(i) post the water provider’s water conservation plan on a public website; or
(ii) if the water provider does not have a public website, make the water provider’s water conservation plan publicly available for inspection upon request.
(4)
(a) The division shall:
(i) provide guidelines and technical resources to help water providers prepare and implement water conservation plans;
(ii) assist water providers by identifying water conservation methods upon request; and
(iii) provide an online submission form that allows for an electronic copy of the water conservation plan to be filed with the division under Subsection (3)(a)(ii).
(b) The division shall post an annual report at the end of a calendar year listing water providers in compliance with this section.
(5) A water provider may only receive state funds for water development if the water provider complies with the requirements of this section.
(6) A water provider specified under Subsection (3)(a) shall:
(a) update the water provider’s water conservation plan no less frequently than every five years; and
(b) follow the procedures required under Subsection (3) when updating the water conservation plan.
(7) It is the intent of the Legislature that the water conservation plans, amendments to existing water conservation plans, and the studies and report by the division be handled within the existing budgets of the respective entities or agencies.

Amended by Chapter 238, 2023 General Session
Amended by Chapter 435, 2023 General Session

73-10-32.5 Culinary water pricing structure.
(1)As used in this section:
(a)”Public water system” means the same as that term is defined in Section 19-4-102.
(b)”Retail water supplier” means the same as that term is defined in Section 19-4-102.
(c)
(i)”Water conservation effort” means a program that is designed to incentivize, encourage, or result in reduced water usage or more efficient use of water.
(ii)”Water conservation effort” includes the costs associated with designing, implementing, and operating a program described in Subsection (1)(c)(i).
(d)”Wholesale water supplier” means the same as that term is defined in Section 19-4-102.
(2)A retail water supplier shall:
(a)consider water conservation, including at least one water conservation effort, in setting water rates with the goal of encouraging efficient water use and eliminating wasteful or excessive water use;
(b)establish a culinary water rate structure that:
(i)incorporates increasing block units of water used;
(ii)provides for an increase in the rate charged for additional block units of water used as usage increases from one block unit to the next;
(iii)by July 1, 2027, includes one or more water conservation efforts as an element in determining the rate charged for at least the highest usage block unit of water for a customer classification that primarily serves residential customers; and
(iv)is based on a generally accepted rate setting method, including a standard or method established by the American Water Works Association;
(c)provide in customer billing notices, or in a notice that is distributed to customers at least annually, block unit rates and the customer’s billing cycle;
(d)include individual customer water usage in customer billing notices; and
(e)consider urban farming that improves food security, reduces pollution, and creates green spaces in setting rates.
(3)This section does not prohibit:
(a)a public water system with 500 or fewer service connections from taking an action or adopting a culinary water rate structure described in Subsection (2); or
(b)a retail water supplier from including water conservation and a water conservation effort as an element in setting rates for customer classifications that do not primarily serve residential customers.
(4)A public water system:
(a)is not required to establish or show that the portion of the rate designed to encourage water conservation, and fund a water conservation effort, within the highest usage block unit of water for a customer classification:
(i)is based on the public water system’s actual cost of service;
(ii)has a reasonable basis when compared to rates the public water system charges:
(A)for other block units of water within a customer classification; or
(B)for block units of water in other customer classifications; or
(iii)is limited to a reasonable profit or return on investment;
(b)may include in a customer billing a fee, surcharge, penalty, or other charge that is collected pursuant to an agreement between the public water system and the wholesale water supplier from whom the public water system purchases water; and
(c)if the public water system is a for-profit entity, may not use revenue from the highest usage block unit of water designed to encourage water conservation to pay profits or dividends to the public water system’s investors or owners.
(5)The use of revenue collected from the portion of any block unit of water designed to encourage water conservation may include funding water conservation efforts that are shared with or administered by another public water system or a wholesale water supplier.
(6)The adoption and implementation of that portion of a public water system’s water rate that includes water conservation as an element in determining the rate charged for the highest usage block unit of water, as provided in this section, is conclusively presumed:
(a)to be reasonable; and
(b)to reflect the reasonable estimated cost of delivering the service for which the fee was paid.

Amended by Chapter 102, 2025 General Session

73-10-33 Management plan for water conveyance facilities.
(1) As used in this section:
(a) “Board” means the Board of Water Resources created by Section 73-10-1.5.
(b) “Conservation district” means a conservation district created under Title 17D, Chapter 3, Conservation District Act.
(c) “Division” means the Division of Water Resources created by Section 73-10-18.
(d) “Facility owner or operator” means:
(i) a water company as defined in Subsection 73-3-3.5(1)(b); or
(ii) an owner or operator of a water conveyance facility.
(e) “Management plan” means a written document meeting the requirements of Subsection (3).
(f) “Potential risk” means a condition where, if a water conveyance facility fails, the failure would create a high probability of:
(i) causing loss of human life; or
(ii) causing extensive economic loss, including damage to critical transportation facilities, utility facilities, or public buildings.
(g) “Potential risk location” means a segment of a water conveyance facility that constitutes a potential risk due to:
(i) location;
(ii) elevation;
(iii) soil conditions;
(iv) structural instability;
(v) water volume or pressure; or
(vi) other conditions.
(h)
(i) “Water conveyance facility” means a water conveyance defined in Section 57-13a-101.
(ii) “Water conveyance facility” does not include:
(A) a pipeline conveying water for industrial use, or municipal use, within a public water system as defined in Section 19-4-102;
(B) a natural channel used to convey water for use within a water conveyance facility; or
(C) a fully piped irrigation system.
(2)
(a) For a water conveyance facility that has a potential risk location, the board or division may issue a grant or loan to the facility owner or operator, and the facility owner or operator may receive state money for water development or water conveyance facility repair or improvements, only if the facility owner or operator promptly adopts a management plan in accordance with this section.
(b) For a management plan to be considered to be promptly adopted for purposes of this Subsection (2), the facility owner or operator shall:
(i) adopt the management plan by an affirmative vote of the facility owner or operator’s board of directors, or persons occupying a similar status or performing similar functions before receiving money under Subsection (2)(a);
(ii)
(A) adopt the management plan as described in Subsection (2)(b)(i) by no later than:
(I) May 1, 2013, for a water conveyance facility in operation on May 11, 2011; or
(II) for a water conveyance facility that begins operation after May 11, 2011, one year after the day on which the water conveyance facility begins operation; or
(B)
(I) adopt the management plan as described in Subsection (2)(b)(i); and
(II) provide written justification satisfactory to the board as to why the facility owner or operator was unable to adopt a management plan during the time period provided in Subsection (2)(b)(ii)(A); and
(iii) update the management plan adopted under Subsection (2)(b)(i) no less frequently than every 10 years.
(3) A management plan described in Subsection (2) shall include at least the following:
(a) a GIS coverage or drawing of each potential risk location of a water conveyance facility identifying any:
(i) existing canal and lateral alignment of the canal facility;
(ii) point of diversion;
(iii) bridge;
(iv) culvert;
(v) screen or trash rack; and
(vi) spill point;
(b) an evaluation of any potential slope instability that may cause a potential risk, including:
(i) failure of the facility;
(ii) land movement that might result in failure of the facility; or
(iii) land movement that might result from failure of the facility;
(c) proof of insurance coverage or other means of financial responsibility against liability resulting from failure of the water conveyance facility;
(d) a maintenance and improvement plan;
(e) a schedule for implementation of a maintenance and improvement plan;
(f) an emergency response plan that:
(i) is developed after consultation with local emergency response officials;
(ii) is updated annually; and
(iii) includes, in the case of an emergency, how a first responder can:
(A) contact the facility owner or operator; and
(B) obtain information described in Subsection (3)(a);
(g) any potential source of financing for maintenance and improvements under a maintenance and improvement plan;
(h) identification of each municipality or county through which water is conveyed or delivered by the water conveyance facility;
(i) a statement concerning whether storm water enters the water conveyance facility; and
(j) if storm water enters the water conveyance facility:
(i) an estimate of the maximum volume and flow of all water present in the water conveyance facility as a result of a six-hour, 25-year storm event;
(ii) on the basis of information provided in accordance with Subsection (4), identification of the points at which any storm structures introduce water into the water conveyance facility and the anticipated flow that may occur at each structure; and
(iii) the name of each governmental agency that has responsibility for storm water management within the area from which storm water drains into the water conveyance facility.
(4) A private or public entity that introduces storm water into a water conveyance facility shall provide the facility owner or operator with an estimate of the maximum volume and flow of water that may occur at each structure that introduces storm water into the water conveyance facility.
(5)
(a) A facility owner or operator of a water conveyance facility shall provide a municipality or county in which is located a potential risk location of the water conveyance facility an outline of the information provided in Subsection (3)(f).
(b) A facility owner or operator shall give notice to the planning and zoning department of each municipality and county identified in Subsection (3)(h) outlining the information provided in Subsections (3)(f), (i), and (j).
(c) An outline of information provided under this Subsection (5) is a protected record under Section 63G-2-305.
(6)
(a) The division may provide information and technical resources to a facility owner or operator of a water conveyance facility, regardless of whether the water conveyance facility has a potential risk location.
(b) In providing the information and resources described in Subsection (6)(a), the division may coordinate with efforts of any association of conservation districts that may provide similar information and technical resources.
(c) The information and technical resources described in Subsection (6)(a) include:
(i) engaging state and local water users in voluntary completion of a management plan;
(ii) developing standard guidelines, checklists, or templates that may be used by a facility owner or operator;
(iii) using conservation districts as points of contact with a facility owner or operator;
(iv) providing training to help a facility owner or operator to adopt a management plan; and
(v) assisting, at the request and under the direction of, a facility owner or operator with efforts to adopt or implement a management plan.
(7)
(a) A facility owner or operator of a water conveyance facility that has a potential risk location shall provide the board or division upon request:
(i) written certification signed under oath by a person authorized to act for the board of directors or persons occupying a similar status or performing similar functions, certifying that the management plan complies with this section; and
(ii) an opportunity to review a management plan.
(b) A management plan received by the board or division under this section is a protected record under Section 63G-2-305.
(8) The board shall report concerning compliance with this section to the Natural Resources, Agriculture, and Environment Interim Committee of the Legislature before November 30, 2013.
(9) The division and board may make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, concerning the requirements of this section.
(10) This section does not:
(a) create a private right of action for a violation of this section; or
(b) limit, impair, or enlarge a person’s right to sue and recover damages from a facility owner or operator in a civil action for a cause of action that is not based on a violation of this section.
(11) The following may not be introduced as evidence in any civil litigation on the issue of negligence, injury, or the calculation of damages:
(a) a management plan prepared in accordance with this section;
(b) the failure to prepare or adopt a management plan in accordance with this section; or
(c) the failure to update a management plan in accordance with this section.

Amended by Chapter 355, 2014 General Session

73-10-34 Secondary water metering -- Loans and grants.
(1)As used in this section:
(a)”Agriculture use” means water used on land assessed under Title 59, Chapter 2, Part 5, Farmland Assessment Act.
(b)
(i)”Commercial user” means a secondary water user that is a place of business.
(ii)”Commercial user” does not include a multi-family residence, an agricultural user, or a customer that falls within the industrial or institutional classification.
(c)”Critical area” means an area:
(i)serviced by one of the four largest water conservancy districts, as defined in Section 17B-1-102, measured by operating budgets; or
(ii)within the Great Salt Lake basin, which includes:
(A)the surveyed meander line of the Great Salt Lake;
(B)the drainage areas of the Bear River or the Bear River’s tributaries;
(C)the drainage areas of Bear Lake or Bear Lake’s tributaries;
(D)the drainage areas of the Weber River or the Weber River’s tributaries;
(E)the drainage areas of the Jordan River or the Jordan River’s tributaries;
(F)the drainage areas of Utah Lake or Utah Lake’s tributaries;
(G)other water drainages lying between the Bear River and the Jordan River that are tributary to the Great Salt Lake and not included in the drainage areas described in Subsections (1)(c)(ii)(B) through (F); and
(H)the drainage area of Tooele Valley.
(d)”Full metering” means that use of secondary water is accurately metered by a meter that is installed and maintained on every secondary water connection of a secondary water supplier.
(e)
(i)”Industrial user” means a secondary water user that manufactures or produces materials.
(ii)”Industrial user” includes a manufacturing plant, an oil and gas producer, and a mining company.
(f)
(i)”Institutional user” means a secondary water user that is dedicated to public service, regardless of ownership.
(ii)”Institutional user” includes a school, church, hospital, park, golf course, and government facility.
(g)”Power generation use” means water used in the production of energy, such as use in an electric generation facility, natural gas refinery, or coal processing plant.
(h)
(i)”Residential user” means a secondary water user in a residence.
(ii)”Residential user” includes a single-family or multi-family home, apartment, duplex, twin home, condominium, or planned community.
(i)”Secondary water” means water that is:
(i)not culinary or water used on land assessed under Title 59, Chapter 2, Part 5, Farmland Assessment Act; and
(ii)delivered to and used by an end user for the irrigation of landscaping or a garden.
(j)”Secondary water connection” means the location at which the water leaves the secondary water supplier’s pipeline and enters into the remainder of the pipes that are owned by another person to supply water to an end user.
(k)”Secondary water supplier” means an entity that supplies pressurized secondary water.
(l)”Small secondary water retail supplier” means an entity that:
(i)supplies pressurized secondary water only to the end user of the secondary water; and
(ii)
(A)is a city or town; or
(B)supplies 5,000 or fewer secondary water connections.
(2)
(a)
(i)A secondary water supplier that supplies secondary water within a county of the first or second class and begins design work for new service on or after April 1, 2020, to a commercial, industrial, institutional, or residential user shall meter the use of pressurized secondary water by the users receiving that new service.
(ii)A secondary water supplier that supplies secondary water within a county of the third, fourth, fifth, or sixth class and begins design work for new service on or after May 4, 2022, to a commercial, industrial, institutional, or residential user shall meter the use of pressurized secondary water by the users receiving that new service.
(b)By no later than January 1, 2030, a secondary water supplier shall install and maintain a meter of the use of pressurized secondary water by each user receiving secondary water service from the secondary water supplier.
(c)Beginning January 1, 2022, a secondary water supplier shall establish a meter installation reserve for metering installation and replacement projects.
(d)A secondary water supplier, including a small secondary water retail supplier, may not raise the rates charged for secondary water:
(i)by more than 10% in a calendar year for costs associated with metering secondary water unless the rise in rates is necessary because the secondary water supplier experiences a catastrophic failure or other similar event; or
(ii)unless, before raising the rates on the end user, the entity charging the end user provides a statement explaining the basis for why the needs of the secondary water supplier required an increase in rates.
(e)
(i)A secondary water supplier that provides pressurized secondary water to a commercial, industrial, institutional, or residential user shall develop a plan, or if the secondary water supplier previously filed a similar plan, update the plan for metering the use of the pressurized water.
(ii)The plan required by this Subsection (2)(e) shall be filed or updated with the Division of Water Resources by no later than December 31, 2025, and address the process the secondary water supplier will follow to implement metering, including:
(A)the costs of full metering by the secondary water supplier;
(B)how long it would take the secondary water supplier to complete full metering, including an anticipated beginning date and completion date, except a secondary water supplier shall achieve full metering by no later than January 1, 2030; and
(C)how the secondary water supplier will finance metering.
(3)A secondary water supplier shall on or before March 31 of each year, report to the Division of Water Rights:
(a)for commercial, industrial, institutional, and residential users whose pressurized secondary water use is metered, the number of acre feet of pressurized secondary water the secondary water supplier supplied to the commercial, industrial, institutional, and residential users during the preceding 12-month period;
(b)the number of secondary water meters within the secondary water supplier’s service boundary;
(c)a description of the secondary water supplier’s service boundary;
(d)the number of secondary water connections in each of the following categories through which the secondary water supplier supplies pressurized secondary water:
(i)commercial;
(ii)industrial;
(iii)institutional; and
(iv)residential;
(e)the total volume of water that the secondary water supplier receives from the secondary water supplier’s sources; and
(f)the dates of service during the preceding 12-month period in which the secondary water supplier supplied pressurized secondary water.
(4)
(a)Beginning July 1, 2019, the Board of Water Resources may make up to $10,000,000 in low-interest loans available each year:
(i)from the Water Resources Conservation and Development Fund, created in Section 73-10-24; and
(ii)for financing the cost of secondary water metering.
(b)The Division of Water Resources and the Board of Water Resources shall make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, establishing the criteria and process for receiving a loan described in this Subsection (4), except the rules may not include prepayment penalties.
(5)
(a)Beginning July 1, 2021, subject to appropriation, the Division of Water Resources may make matching grants each year for financing the cost of secondary water metering for a commercial, industrial, institutional, or residential user by a small secondary water retail supplier that:
(i)is not for new service described in Subsection (2)(a); and
(ii)matches the amount of the grant.
(b)For purposes of issuing grants under this section, the division shall prioritize the small secondary water retail suppliers that can demonstrate the greatest need or greatest inability to pay the entire cost of installing secondary water meters.
(c)The amount of a grant under this Subsection (5) may not:
(i)exceed 50% of the small secondary water retail supplier’s cost of installing secondary water meters; or
(ii)supplant federal, state, or local money previously allocated to pay the small secondary water retail supplier’s cost of installing secondary water meters.
(d)In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the Board of Water Resources shall make rules establishing:
(i)the procedure for applying for a grant under this Subsection (5); and
(ii)how a small secondary water retail supplier can establish that the small secondary water retail supplier meets the eligibility requirements of this Subsection (5).
(6)Nothing in this section affects a water right holder’s obligation to measure and report water usage as described in Sections 73-5-4 and 73-5-8.
(7)If a secondary water supplier fails to comply with Subsection (2)(b), the secondary water supplier:
(a)beginning January 1, 2030, may not receive state money for water related purposes until the secondary water supplier completes full metering; and
(b)is subject to an enforcement action of the state engineer in accordance with Subsection (8).
(8)
(a)
(i)The state engineer shall commence an enforcement action under this Subsection (8) if the state engineer receives a referral from the director of the Division of Water Resources.
(ii)The director of the Division of Water Resources shall submit a referral to the state engineer if the director:
(A)finds that a secondary water supplier fails to fully meter secondary water as required by this section; and
(B)determines an enforcement action is necessary to conserve or protect a water resource in the state.
(b)To commence an enforcement action under this Subsection (8), the state engineer shall issue a notice of violation that includes notice of the administrative fine to which a secondary water supplier is subject.
(c)The state engineer’s issuance and enforcement of a notice of violation is exempt from Title 63G, Chapter 4, Administrative Procedures Act.
(d)In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the state engineer shall make rules necessary to enforce a notice of violation, that includes:
(i)provisions consistent with this Subsection (8) for enforcement of the notice if a secondary water supplier to whom a notice is issued fails to respond to the notice or abate the violation;
(ii)the right to a hearing, upon request by a secondary water supplier against whom the notice is issued; and
(iii)provisions for timely issuance of a final order after the secondary water supplier to whom the notice is issued fails to respond to the notice or abate the violation, or after a hearing held under Subsection (8)(d)(ii).
(e)A person may not intervene in an enforcement action commenced under this section.
(f)After issuance of a final order under rules made pursuant to Subsection (8)(d), the state engineer shall serve a copy of the final order on the secondary water supplier against whom the order is issued by:
(i)personal service under Utah Rules of Civil Procedure, Rule 5; or
(ii)certified mail.
(g)
(i)The state engineer’s final order may be reviewed by trial de novo by the court with jurisdiction in Salt Lake County or the county where the violation occurred.
(ii)A secondary water supplier shall file a petition for judicial review of the state engineer’s final order issued under this section within 20 days from the day on which the final order was served on the secondary water supplier.
(h)The state engineer may bring suit in a court of competent jurisdiction to enforce a final order issued under this Subsection (8).
(i)If the state engineer prevails in an action brought under Subsection (8)(g) or (h), the state may recover court costs and a reasonable attorney fee.
(j)As part of a final order issued under this Subsection (8), the state engineer shall order that a secondary water supplier to whom an order is issued pay an administrative fine equal to:
(i)$10 for each non-metered secondary water connection of the secondary water supplier for failure to comply with full metering by January 1, 2030;
(ii)$20 for each non-metered secondary water connection of the secondary water supplier for failure to comply with full metering by January 1, 2031;
(iii)$30 for each non-metered secondary water connection of the secondary water supplier for failure to comply with full metering by January 1, 2032;
(iv)$40 for each non-metered secondary water connection of the secondary water supplier for failure to comply with full metering by January 1, 2033; and
(v)$50 for each non-metered secondary water connection of the secondary water supplier for failure to comply with full metering by January 1, 2034, and for each subsequent year the secondary water supplier fails to comply with full metering.
(k)Money collected under this Subsection (8) shall be deposited into the Water Resources Conservation and Development Fund, created in Section 73-10-24.
(9)A secondary water supplier located within a county of the fifth or sixth class is exempt from Subsections (2)(a), (2)(b), (2)(c), (2)(e), (7), and (8) if:
(a)the owner or operator of the secondary water supplier seeks an exemption under this Subsection (9) by establishing with the Division of Water Resources that the cost of purchasing, installing, and upgrading systems to accept meters exceeds 25% of the total operating budget of the owner or operator of the secondary water supplier;
(b)the secondary water supplier agrees to not add a new secondary water connection to the secondary water supplier’s system on or after May 4, 2022;
(c)within six months of  when the secondary water supplier seeks an exemption under Subsection (9)(a), the secondary water supplier provides to the Division of Water Resources a plan for conservation within the secondary water supplier’s service area that does not require metering;
(d)the secondary water supplier annually reports to the Division of Water Resources on the results of the plan described in Subsection (9)(c); and
(e)the secondary water supplier submits to evaluations by the Division of Water Resources of the effectiveness of the plan described in Subsection (9)(c).
(10)A secondary water supplier is exempt from Subsections (2)(a), (2)(b), (2)(c), (2)(e), (7), and (8) to the extent that the secondary water supplier:
(a)is unable to obtain a meter that a meter manufacturer will warranty because of the water quality within a specific location served by the secondary water supplier;
(b)submits reasonable proof to the Division of Water Resources that the secondary water supplier is unable to obtain a meter as described in Subsection (10)(a);
(c)within six months of when the secondary water supplier submits reasonable proof under Subsection (10)(b), provides to the Division of Water Resources a plan for conservation within the secondary water supplier’s service area that does not require metering;
(d)annually reports to the Division of Water Resources on the results of the plan described in Subsection (10)(c); and
(e)submits to evaluations by the Division of Water Resources of the effectiveness of the plan described in Subsection (10)(c).
(11)A secondary water supplier that is located within a critical management area that is subject to a groundwater management plan adopted or amended under Section 73-5-15 on or after May 1, 2006, is exempt from Subsections (2)(a), (2)(b), (2)(c), (2)(e), (7), and (8).
(12)If a secondary water supplier is required to have a water conservation plan under Section 73-10-32, that water conservation plan satisfies the requirements of Subsection (9)(c) or (10)(c).
(13)
(a)Notwithstanding the other provisions of this section and unless exempt under Subsection (9), (10), or (11), to comply with this section, a secondary water supplier is not required to meter every secondary water connection of the secondary water supplier’s system, but shall meter at strategic points of the system as approved by the state engineer under this Subsection (13) if:
(i)the system has no or minimal storage and relies primarily on stream flow;
(ii)
(A)the majority of secondary water users on the system are associated with agriculture use or power generation use; and
(B)less than 50% of the secondary water is used by residential secondary water users; or
(iii)the system has a mix of pressurized lines and open ditches and:
(A)1,000 or fewer users if any part of the system is within a critical area; or
(B)2,500 or fewer users for a system not described in Subsection (13)(a)(iii)(A).
(b)
(i)A secondary water supplier may obtain the approval by the state engineer of strategic points where metering is to occur as required under this Subsection (13) by filing an application with the state engineer in the form established by the state engineer.
(ii)The state engineer may by rule, made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, establish procedures for approving strategic points for metering under this Subsection (13).
(14)
(a)A contract entered into or renewed on or after July 1, 2025, between a secondary water supplier and an end user shall allow for billing by tiered conservation rates.
(b)Except as provided in Subsection (14)(f), by no later than July 1, 2030, regardless of whether the secondary water supplier is fully metered or has modified existing contracts with end users, a secondary water supplier shall begin billing an end user using a tiered conservation rate that considers:
(i)revenue stability;
(ii)water conservation; and
(iii)cost of service.
(c)A secondary water supplier may comply with Subsection (14)(b) by entering into a contract with a third-party, including the public water system that serves an end user of the secondary water supplier, to bill the end user according to end user’s usage of secondary water and the secondary water supplier’s tiered conservation rate.
(d)By no later than April 1, 2030, a secondary water supplier shall provide an educational component for end users as determined by the division by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, either on a monthly statement or by an end user specific Internet portal that provides information on the end user’s usage more frequently than monthly.
(e)A public water system:
(i)shall enter into a contract with a secondary water supplier described in Subsection (14)(c) upon request from the secondary water supplier if the secondary water supplier agrees to provide water use and other data necessary for accurate billing in a file format compatible with the public water supplier’s billing system;
(ii)may collect the costs associated with billing on behalf of a secondary water supplier under this section from the secondary water end users, including reasonable administrative and overhead expenses; and
(iii)shall, as the public water supplier and the secondary water supplier find necessary or convenient, exchange with the secondary water supplier, for the purpose of maintaining accurate records, relevant information with regard to an end user of the secondary water supplier, such as:
(A)a billing address;
(B)an address where the secondary water is delivered;
(C)a parcel identification number; and
(D)ownership information.
(f)
(i)A secondary water supplier is not required to bill an end user a tiered conservation rate if the secondary water supplier is:
(A)exempt from metering under Subsection (9), (10), or (11); or
(B)authorized to meter at strategic points of the system under Subsection (13).
(ii)Notwithstanding the other provisions of this section, on or after July 1, 2030, a secondary water supplier with a tiered conservation rate under this Subsection (14) shall charge an end user at the lowest rate of the tiered conservation rate if the end user is using a portion of the water to grow food, including growing a garden, fruit trees, or pasture for grazing.
(g)
(i)If a secondary water supplier violates this Subsection (14) on or after April 1, 2030, the secondary water supplier:
(A)may not receive state money for water related purposes until the secondary water supplier complies with this Subsection (14); and
(B)is subject to an enforcement action of the state engineer in accordance with this Subsection (14)(g).
(ii)The state engineer shall commence an enforcement action under this Subsection (14)(g) if the state engineer receives a referral from the director of the Division of Water Resources.
(iii)The director of the Division of Water Resources shall submit a referral to the state engineer if the director:
(A)finds that a secondary water supplier fails to comply with this Subsection (14); and
(B)determines an enforcement action is necessary to conserve or protect a water resource in the state.
(iv)To commence an enforcement action under this Subsection (14)(g), the state engineer shall issue a notice of violation that includes notice of the administrative fine described in Subsection (14)(g)(xiii) to which a secondary water supplier is subject.
(v)The state engineer’s issuance and enforcement of a notice of violation is exempt from Title 63G, Chapter 4, Administrative Procedures Act.
(vi)In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the state engineer shall make rules necessary to enforce a notice of violation, that includes:
(A)provisions consistent with this Subsection (14)(g) for enforcement of the notice if a secondary water supplier to whom a notice is issued fails to respond to the notice or abate the violation;
(B)the right to a hearing, upon request by a secondary water supplier against whom the notice is issued; and
(C)provisions for timely issuance of a final order after the secondary water supplier to whom the notice is issued fails to respond to the notice or abate the violation, or after a hearing held under Subsection (14)(g)(vi)(B).
(vii)A person may not intervene in an enforcement action commenced under this Subsection (14)(g).
(viii)After issuance of a final order under rules made pursuant to Subsection (14)(g)(vi), the state engineer shall serve a copy of the final order on the secondary water supplier against whom the order is issued by:
(A)personal service under Utah Rules of Civil Procedure, Rule 5; or
(B)certified mail.
(ix)The state engineer’s final order may be reviewed by trial de novo by a court with jurisdiction in Salt Lake County or the county where the violation occurred.
(x)A secondary water supplier shall file a petition for judicial review of the state engineer’s final order issued under this Subsection (14)(g) within 20 days from the day on which the final order was served on the secondary water supplier.
(xi)The state engineer may bring suit in a court to enforce a final order issued under this Subsection (14)(g).
(xii)If the state engineer prevails in an action brought under Subsection (14)(g)(x) or (xi), the state may recover court costs and reasonable attorney fees.
(xiii)The administrative fine imposed under this section shall be an amount not to exceed the sum of any money received by the secondary water supplier under this section or Section 73-10-34.5 to fund costs related to metering.
(xiv)Money collected under this Subsection (14) shall be deposited into the Water Resources Conservation and Development Fund, created in Section 73-10-24.

Amended by Chapter 102, 2025 General Session

73-10-34.5 Grant money for existing secondary water metering to facilitate full metering -- Other grants.
(1)As used in this section:
(a)”Applicant” means a secondary water supplier or group of secondary water suppliers that applies for a grant under this section.
(b)”Board” means the Board of Water Resources.
(c)”Division” means the Division of Water Resources.
(d)”Project” means the purchase or installation of a meter for a secondary water system that as of May 4, 2022, provides secondary water service that is not metered.
(e)”Secondary water” means the same as that term is defined in Section 73-10-34.
(f)”Secondary water connection” means the same as that term is defined in Section 73-10-34.
(g)”Secondary water supplier” means the same as that term is defined in Section 73-10-34.
(2)
(a)The board may issue grants in an amount appropriated by the Legislature in accordance with this section to an applicant to fund projects for meters on secondary water systems that before May 4, 2022, provide secondary water service that is not metered.
(b)The board may not issue a grant under this section to fund:
(i)metering of secondary water for service that begins on or after May 4, 2022; or
(ii)the replacement or repair of an existing secondary water meter.
(c)Notwithstanding the other provisions of this section, the board may issue a grant under this section to a secondary water supplier to reimburse the secondary water supplier for the costs incurred by the secondary water supplier that are associated with installing meters on a secondary water system on or after March 3, 2021, but before May 4, 2022, except that the grant issued under this Subsection (2)(c):
(i)shall be included in calculating the total grant amount under Subsections (3)(a) through (c);
(ii)may not exceed 70% of the costs associated with a project described in this Subsection (2)(c), including installation and purchase of meters; and
(iii)shall comply with Subsection (6).
(3)
(a)A secondary water supplier with 7,000 secondary water connections or less is eligible for a total grant amount under this section of up to $10,000,000.
(b)A secondary water supplier with more than 7,000 secondary water connections is eligible for a total grant amount under this section of up to $20,000,000.
(c)If a secondary water supplier applies for a grant as part of a group of secondary water suppliers, the total grant amount described in Subsection (3)(a) or (b) applies to each member of the group and is not based on the number of secondary water connections of the entire group.
(d)
(i)Subject to the other provisions of this section, a grant may not exceed the following amounts for the costs associated with a project, including installation and purchase of meters:
(A)for calendar year 2022, 70% of the costs of a project;
(B)for calendar year 2023, 70% of the costs of a project;
(C)for calendar year 2024, 65% of the costs of a project;
(D)for calendar year 2025, 60% of the costs of a project; and
(E)for calendar year 2026, 50% of the costs of a project.
(ii)Beginning with calendar year 2027, a grant under this section shall consist of providing a meter or funding to obtain a meter, which may not exceed the following for costs associated with the project:
(A)for calendar year 2027, 40% of the costs of a project;
(B)for calendar year 2028, 30% of the costs of a project;
(C)for calendar year 2029, 20% of the costs of a project; and
(D)for calendar year 2030, 10% of the costs of a project.
(e)A secondary water supplier may pay the secondary water supplier’s portion of the costs of a project through a loan from the board under Section 73-10-34 by filing a separate application with the board.
(f)A meter purchased with grant money received under this section shall allow for data communication between the meter and other devices designed to manage use of secondary water that is:
(i)open and available to an end user; and
(ii)open so that it can integrate with third-party providers.
(4)
(a)
(i)To obtain a grant under this section, an applicant shall submit an application with the division during a period of time designated by the board.
(ii)If there remains money described in Subsection (2) after the grants for applications submitted during the time period described in this Subsection (4)(a) are awarded, the board may designate one or more additional time periods so that the entire amount described in Subsection (2) is awarded by December 31, 2024.
(b)An application submitted to the division shall include:
(i)a detailed project cost estimate including meter costs and installation costs;
(ii)a total number of pressurized secondary water connections in the applicable secondary water supplier’s system;
(iii)the number of meters to be installed under the grant;
(iv)a detailed estimated secondary water use reduction including:
(A)average lot size calculations;
(B)average irrigated acreage; and
(C)estimated water applied before the project versus after completion of the project;
(v)the timeline for purchase and installation of meters under the project;
(vi)an agreement to:
(A)provide an educational component for end users as determined by the division by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, either on a monthly statement or by a customer specific Internet portal that provides information on the customer’s usage more frequently than monthly; or
(B)bill according to usage using a tiered conservation rate and provide an educational component described in Subsection (4)(b)(vi)(A); and
(vii)additional information the board considers helpful.
(5)
(a)The division shall:
(i)review and prioritize an application submitted under Subsection (4); and
(ii)recommend to the board which applicants should be awarded a grant under this section.
(b)In prioritizing applications under this Subsection (5), the division shall rank the applicants on the basis of the following weighted factors:
(i)60% weight based on the ratio of estimated water use reduction divided by total state investment;
(ii)20% weight based on an applicant facing current or potential water shortages when installation of meters and subsequent water use reductions will result in delaying or eliminating the need for new water development; and
(iii)20% weight based on a project’s accelerated construction schedule, prompt start, and prompt finish.
(6)As a condition of receiving a grant under this section, the recipient shall enter into an agreement with the board to use the grant money. The agreement shall:
(a)be executed by no later than December 31, 2024; and
(b)require that the grant money be spent by December 31, 2026, and the project completed under the terms of the grant.
(7)Notwithstanding the other provisions of this section, the board may issue a grant to a secondary water supplier:
(a)that installed meters on secondary water connections before May 4, 2022;
(b)that has not otherwise received a grant under this section;
(c)for the purpose of water conservation; and
(d)in an amount not to exceed $2,000,000.
(8)Notwithstanding the other provisions of this section, the board may issue a grant to or convert a grant previously issued to a secondary water supplier described in Subsection 73-10-34(13)(a) who seeks to meter at strategic points under Subsection 73-10-34(13), from money appropriated under this section to fund a project that is an alternative to metering, such as lining ditches or improving head gates, if the secondary water supplier establishes to the satisfaction of the board that the alternative project will conserve more water than is expected to be conserved through metering.
(9)In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, and consistent with this section, the board may make rules establishing the procedure for applying for a grant under this section.

Amended by Chapter 56, 2024 General Session
Amended by Chapter 171, 2024 General Session

73-10-35 Division of Water Resources to conduct certain study.
(1) As used in this section:
(a) “2002 Study” means the Green River Pipeline Cost Analysis prepared by the Division of Water Resources in 2002, including the addendum.
(b) “Division” means the Division of Water Resources.
(2) The division shall update the 2002 Study to provide current cost estimates.
(3) The division shall present the update required by Subsection (2) to the Natural Resources, Agriculture, and Environment Interim Committee by no later than the 2020 November interim meeting of the Natural Resources, Agriculture, and Environment Interim Committee.

Enacted by Chapter 204, 2020 General Session

73-10-36 Division to provide technical assistance in local government planning.
(1)As used in this section:
(a)”Division” means the Division of Water Resources.
(b)”General plan”:
(i)for a municipality, means the same as that term is defined in Section 10-20-102; and
(ii)for a county, means the same as that term is defined in Section 17-79-102.
(c)”Local government” means a county or a municipality, as defined in Section 10-1-104.
(d)”Watershed council” means a council created under Chapter 10g, Part 3, Watershed Councils Act.
(2)The division shall provide technical assistance to a local government to support the local government’s adoption of a water use and preservation element in a general plan.
(3)When consulted by a local government for information and technical resources regarding regional water conservation goals under Subsection 10-20-404(2)(d) or 17-79-403(2)(c), the division may seek input from the appropriate watershed council or councils.

Amended by Chapter 15, 2025 Special Session 1

73-10-37 Incentives to use water efficient landscaping.
(1) As used in this section:
(a) “District” means a water conservancy district, as that term is defined in Section 73-10-32.
(b) “Division” means the Division of Water Resources.
(c) “Landscaping conversion incentive program” means a program administered by a district that pays an owner a financial incentive to remove lawn or turf from a project area on land owned by the owner.
(d)
(i) Except as provided in Subsection (1)(d)(ii), “lawn or turf” means nonagricultural land planted in closely mowed, managed grasses.
(ii) “Lawn or turf” does not include a golf course, park, athletic field, or sod farm.
(e) “Owner” means an owner of private or public land where a water end user is located.
(f) “Program guidelines” means guidelines adopted by a district for the district’s landscaping conversion incentive program.
(g) “Project area” means the area from which lawn or turf is removed and replaced with water efficient landscaping.
(h) “Water end user” means a person who enters into a water contract to obtain water from a retail water provider for residential, commercial, industrial, or institutional use.
(2) The division may:
(a) award a grant under Subsection (3) to a district to fund financial incentives provided through a landscaping conversion incentive program administered by the district; and
(b) provide an incentive under Subsection (4) to an owner to remove lawn or turf from a project area on land owned by the owner in an area without a landscaping conversion incentive program.
(3)
(a)
(i) A district may obtain a grant from the division to help fund a financial incentive provided to an owner through a landscaping conversion incentive program administered by the district.
(ii) Both the award and use of a grant under this Subsection (3) are subject to Subsections (3)(b), (c), and (d).
(b) To obtain a grant, a district shall:
(i) initiate and operate a landscaping conversion incentive program;
(ii) limit the disbursement of grant money in the district’s landscaping conversion incentive program to owners that satisfy the minimum requirements of Subsection (4)(c) and:
(A) rules made by the division under Subsection (5)(b); or
(B) program guidelines approved by the division under Subsection (3)(f);
(iii) use the grant exclusively to fund financial incentives provided to owners that remove lawn or turf from a project area in the district’s landscaping conversion incentive program;
(iv) provide an equal amount or more of matching funds for the district’s landscaping conversion incentive program from sources other than the grant money the district receives under this section;
(v) file an application with the division that:
(A) describes the district’s landscaping conversion incentive program, including verification that the program can and shall implement the minimum requirements of Subsection (4)(c) and either rules made by the division under Subsection (5)(b) or program guidelines approved by the division under Subsection (3)(f);
(B) includes a copy of the program guidelines governing the district’s landscaping conversion incentive program;
(C) if the district wants to be subject to program guidelines in lieu of division rules made under Subsection (5)(b), requests that the division approve the district’s program guidelines under Subsection (3)(f); and
(D) provides additional information requested by the division; and
(vi) enter into a contract with the division that requires the district to:
(A) verify that participants comply and landscaping conversion projects proposed, undertaken, and completed by participants under the district’s landscaping conversion incentive program satisfy the requirements in this Subsection (3) and any contract before using grant money for a financial incentive;
(B) agree not to use grant money for a financial incentive in any landscaping conversion project that fails to satisfy the requirements of this Subsection (3) and either rules made by the division or program guidelines approved by the division under Subsection (3)(f);
(C) submit to the division quarterly reports on funding status; and
(D) prepare and submit an annual accounting to the division on the use of grant money for financial incentives in the district’s landscaping conversion incentive program.
(c)
(i) Upon expenditure of 70% of the grant money awarded to a district and an accounting on the use of that grant money, a district may apply for additional grant money in accordance with Subsection (3)(b).
(ii) The division may award a district an additional grant based on:
(A) the availability of grant money;
(B) the priority or importance of the grant proposal in relation to availability of grant money, the division’s landscaping conversion incentive program under this Subsection (3), other landscaping conversion incentive program grant requests, and regional needs and goals;
(C) the effectiveness of the district’s landscaping conversion incentive program in incentivizing owners to convert lawn or turf to water efficient landscaping;
(D) the district’s previous compliance with this Subsection (3) and contract terms and conditions; and
(E) any matter bearing on the district’s ability to responsibly handle and disperse grant money consistent with this Subsection (3) and contract terms and conditions.
(d) A district awarded grant money under this Subsection (3) may not use grant money to pay an incentive that exceeds the maximum amounts established by the division by rule under Subsection (5)(c).
(e) Nothing in this section prohibits a district from expending non-grant money, including matching money, under the district’s landscaping conversion incentive program to:
(i) assist an owner that does not satisfy Subsection (4)(c); or
(ii) provide an incentive that exceeds a maximum amount established by the division for grant money under Subsection (3)(d).
(f) The division may approve a request from a district under Subsection (3)(b)(v)(C) to use program guidelines in lieu of rules made by the division under Subsection (5)(b) if the division determines that the district’s program guidelines will:
(i) result in at least as much water use savings as rules made under Subsection (5)(b); and
(ii) accomplish the same objectives as rules made under Subsection (5)(b).
(4)
(a) In an area without an existing landscaping conversion incentive program, the division may provide an incentive to an owner to remove lawn or turf from land owned by the owner and replace the lawn or turf with water efficient landscaping.
(b) If the division provides an incentive under this Subsection (4), the division shall provide the incentive in the order that an application for the incentive is filed.  The division may terminate an application if the division determines that the owner has not completed the project within 12 months of the date on which the owner files the application for the incentive.
(c) To be eligible for an incentive under this Subsection (4):
(i) the owner shall at the time the owner applies for the incentive:
(A) have living lawn or turf, as determined by the entity providing the incentive, on the land owned by the owner that the owner intends to replace with water efficient landscaping; and
(B) participate voluntarily in the removal of the lawn or turf in that the removal is not required by governmental code or policy;
(ii) the property where the project area is located, is located within:
(A) a municipality that implements regional-based water use efficiency standards established by the division under Subsection (5)(d); or
(B) an unincorporated area of a county that implements regional-based water use efficiency standards established by the division under Subsection (5)(d); and
(iii) the owner shall agree to:
(A) maintain water efficient landscaping and a drip irrigation system installed in the project area and not reinstall lawn or turf or overhead spray irrigation in the project area after receipt of a payment under this section to incentivize conversion of lawn or turf to water efficient landscaping; or
(B) return to the division or to a district the payments received for removal of lawn or turf from the project area.
(d) An owner may not receive an incentive under this section if the owner has previously received an incentive under this section for the same  project area.
(e) An owner may not receive an incentive under this Subsection (4) in an amount that exceeds:
(i) the maximum amount established by the division in rule, as provided in Subsection (5) for each square foot of lawn or turf converted to water efficient landscaping; or
(ii) the maximum aggregate amount established by the division in rule as provided in Subsection (5).
(5) The division shall make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act:
(a) establishing the process by which:
(i) a district obtains a grant under Subsection (3); or
(ii) an owner obtains an incentive under Subsection (4);
(b) defining what constitutes water efficient landscaping, including what irrigation is used after conversion to water efficient landscaping;
(c) establishing for funding under this section, the maximum incentive from grant money allowable for each square foot of lawn or turf converted to water efficient landscaping or a maximum aggregate amount; and
(d) establishing for purposes of this section regional-based water use efficiency standards designed to reduce water consumption and conserve culinary and secondary water supplies.
(6) This section does not prohibit a municipality or county from adopting landscaping standards that would result in greater water efficiency than provided by division rule made under Subsection (5) if the standards do not conflict with this section or division rules.
(7) The division shall maintain a public website that, at a minimum, provides the status of a municipal or county ordinance, resolution, or policy that implements regional-based water use efficiency standards as described in Subsection (4)(c)(ii).

Amended by Chapter 247, 2023 General Session

73-10-38 Per capita consumptive use.
          The Division of Water Resources shall comply with Section 73-5-8.5.

Enacted by Chapter 248, 2023 General Session

73-10-39 Study and recommendations related to the financing of water infrastructure.
(1)As used in this section:
(a)”Division” means the Division of Water Resources.
(b)”Water infrastructure projects” means the same as that term is defined in Section 73-10g-102.
(2)
(a)The division shall study and make recommendations, to be completed by October 31, 2024, concerning:
(i)which funds or accounts used to finance water infrastructure projects should be tied to the planning and prioritization process in Chapter 10g, Part 6, Planning and Prioritization;
(ii)whether any funds or accounts should be consolidated; and
(iii)whether changes to the membership of the Water Development Coordinating Council, created by Sections 79-2-201 and 73-10c-3, are needed to fulfill the purposes of Chapter 10g, Part 6, Planning and Prioritization.
(b)The division shall study and make recommendations, to be completed by October 31, 2025, concerning whether to impose a new fee to fund water infrastructure projects identified in the unified water infrastructure plan adopted under Section 73-10g-602 and consistent with the planning and prioritization process in Chapter 10g, Part 6, Planning and Prioritization.  The study shall consider:
(i)who is assessed the fee;
(ii)how to calculate the fee amount, including any adjustments to the fee amount over time;
(iii)the process for collecting the fee;
(iv)where the money collected should be deposited;
(v)whether the revenue stream should be configured as a tax rather than a fee;
(vi)how the money collected should be spent;
(vii)the affordability of the fee for end users; and
(viii)how to assure that the revenue is distributed equitably statewide.
(3)In conducting a study described in Subsection (2), the division shall:
(a)work cooperatively with the Water Development Coordinating Council; and
(b)consult with a wide range of stakeholders with diverse interests, including those with expertise in water development and delivery, tax policy, and water funding.
(4)The division shall report the division’s findings and recommendations to the Natural Resources, Agriculture, and Environment Interim Committee by no later than:
(a)for the study described in Subsection (2)(a), the November 2024 interim meeting of the Natural Resources, Agriculture, and Environment Interim Committee; and
(b)for the study described in Subsection (2)(b), the November 2025 interim meeting of the Natural Resources, Agriculture, and Environment Interim Committee.

Enacted by Chapter 335, 2024 General Session

Chapter 10c
Water Development Coordinating Council

73-10c-1 Legislative findings.
          The Legislature finds that the conservation, development, treatment, restoration, and protection of the waters of this arid state are a state purpose and a matter of statewide concern. The needs and requirements associated with conserving, developing, treating, restoring, and protecting the waters of this state are of such magnitude and complexity that they justify state participation and assistance. The federal Safe Drinking Water Act, 42 United States Code Annotated Secs. 300f et seq. (federal drinking water act) establishes a national policy to ensure delivery of safe drinking water to the public, establishes maximum pollution levels, monitoring and reporting requirements and provides penalties, including the assessment of fines, for political subdivisions that violate the act. The Federal Water Pollution Control Act, Title 33, Chapter 26, United States Code (federal water pollution control act), establishes a national policy and program for the restoration, preservation, and protection of the nation’s waters. The political subdivisions of this state are prohibited by the federal water pollution control act from polluting the navigable waters of the United States and are subject to various penalties, including the assessment of fines, for failing to meet the minimum standards of the federal water pollution control act. Pursuant to the requirements of the federal pollution control act, the state has established water quality standards and effluent limitations with respect to the waters of this state.  These standards and limitations have been adopted by the United States Environmental Protection Agency for the purpose of issuing permits for wastewater projects and the state must certify compliance with these standards and limitations in order for the federal permit to be obtained.  Under the federal water pollution control act, the state and its political subdivisions may receive grants, subject to the availability of funds, to meet the requirements of the federal water pollution control act if the state or its political subdivisions make contributions to the nonfederal share of construction costs of treatment works. It is desirable that the state assist in providing financing mechanisms to aid political subdivisions in securing needed water treatment and transporting water and in the acquisition and construction of drinking water projects and wastewater projects in order to accomplish the foregoing purposes, to protect the public health and welfare, to meet the anticipated growth in the state and to encourage development of the state’s resources.

Enacted by Chapter 354, 1983 General Session

73-10c-2 Definitions.
          As used in this chapter:
(1) “Board” means the Board of Water Resources created in Section 73-10-1.5.
(2) “Council” means the Water Development Coordinating Council created by Sections 79-2-201 and 73-10c-3.
(3) “Credit enhancement agreement” means an agreement entered into according to this chapter between the Drinking Water Board or the Water Quality Board, on behalf of the state, and a political subdivision, for the purpose of providing methods and assistance to political subdivisions to improve the security for and marketability of drinking water project obligations and wastewater project obligations.
(4) “Drinking Water Board” means the Drinking Water Board appointed according to Section 19-4-103.
(5) “Drinking water or wastewater project obligation” means, as appropriate, any bond, note, or other obligation of a political subdivision issued to finance all or part of the cost of acquiring, constructing, expanding, upgrading, or improving a drinking water project or wastewater project.
(6)
(a) “Drinking water project” means any work or facility that is necessary or desirable to provide water for human consumption and other domestic uses and:
(i) has at least 15 service connections; or
(ii) serves an average of 25 individuals daily for at least 60 days of the year.
(b) “Drinking water project” includes:
(i) collection, treatment, storage, and distribution facilities under the control of the operator and used primarily with the system;
(ii) collection pretreatment or storage facilities used primarily in connection with the system but not under operator’s control; and
(iii) studies, planning, education activities, and design work that will promote protecting the public from waterborne health risks.
(7) “Financial assistance programs” means the various programs administered by the state whereby loans, grants, and other forms of financial assistance are made available to political subdivisions of this state to finance the costs of water and wastewater projects.
(8) “Hardship Grant Assessment” means the charge the Water Quality Board or Drinking Water Board assesses to recipients of loans made from the subaccount created in Subsection 73-10c-5(2)(b) or 73-10c-5(3)(b) in lieu of or in addition to interest charged on these loans.
(9) “Nonpoint source project” means a facility, system, practice, study, activity, or mechanism that abates, prevents, or reduces the pollution of waters of this state by a nonpoint source.
(10) “Political subdivision” means a county, city, town, improvement district, water conservancy district, special service district, drainage district, metropolitan water district, irrigation district, separate legal or administrative entity created under Title 11, Chapter 13, Interlocal Cooperation Act, or any other entity constituting a political subdivision under the laws of this state.
(11) “Security fund” means the Water Development Security Fund created in Section 73-10c-5.
(12) “Wastewater project” means:
(a) a sewer, storm or sanitary sewage system, sewage treatment facility, lagoon, sewage collection facility and system, and related pipelines, and all similar systems, works, and facilities necessary or desirable to collect, hold, cleanse, or purify any sewage or other polluted waters of this state; and
(b) a study, pollution prevention activity, or pollution education activity that will protect the waters of this state.
(13) “Waters of this state” means any stream, lake, pond, marsh, watercourse, waterway, well, spring, irrigation system, drainage system, or other body or accumulation of water whether surface, underground, natural, artificial, public, private, or other water resource of the state which is contained within or flows in or through the state.
(14) “Water Quality Board” means the Water Quality Board appointed according to Section 19-5-103.

Amended by Chapter 344, 2009 General Session

73-10c-3 Water Development Coordinating Council created -- Purpose -- Members.
(1)
(a)There is created within the Department of Natural Resources a Water Development Coordinating Council.  The council is comprised of:
(i)the director of the Division of Water Resources;
(ii)the executive secretary of the Water Quality Board;
(iii)the executive secretary of the Drinking Water Board;
(iv)the director of the Housing and Community Development Division or the director’s designee;
(v)the state treasurer or the state treasurer’s designee;
(vi)the commissioner of the Department of Agriculture and Food, or the commissioner’s designee; and
(vii)an individual appointed by the governor with the advice and consent of the Senate who is:
(A)familiar with water infrastructure projects, including planning, financing, construction, or operation; and
(B)employed by a water conservancy district that is subject to the asset management criteria of Section 17B-2a-1010.
(b)The council shall choose a chair and vice chair from among the council’s own members, except the chair and vice chair may not be from the same department.
(c)A member may not receive compensation or benefits for the member’s service, but may receive per diem and travel expenses in accordance with:
(i)Section 63A-3-106;
(ii)Section 63A-3-107; and
(iii)rules made by the Division of Finance pursuant to Sections 63A-3-106 and 63A-3-107.
(2)The purposes of the council are to:
(a)coordinate the use and application of the money available to the state to give financial assistance to political subdivisions of this state so as to promote the conservation, development, treatment, restoration, and protection of the waters of this state;
(b)promote the coordination of the financial assistance programs administered by the state and the use of the financing alternative most economically advantageous to the state and its political subdivisions;
(c)promote the consideration by the Board of Water Resources, Drinking Water Board, and Water Quality Board of regional solutions to the water and wastewater needs of individual political subdivisions of this state;
(d)assess the adequacy and needs of the state and its political subdivisions with respect to water-related infrastructures and advise the governor and the Legislature on those funding needs;
(e)conduct reviews and reports on water-related infrastructure issues as directed by statute;
(f)engage in planning and prioritization of water infrastructure projects in accordance with Chapter 10g, Part 6, Planning and Prioritization; and
(g)expend money from the Water Infrastructure Fund in accordance with Section 73-10g-107.

Amended by Chapter 335, 2024 General Session

73-10c-4 Credit enhancement and interest buy-down agreements -- Loans or grants -- Hardship grants -- Transfer of money.
(1)On behalf of the state, the Water Quality Board and the Drinking Water Board may each enter into credit enhancement agreements with political subdivisions containing terms and provisions that the acting board determines will reasonably improve the security for or marketability of drinking water and wastewater project obligations, including any of the following:
(a)a term providing security for drinking water and wastewater project obligations, as provided in Subsection 73-10c-6(2)(b), by agreeing to purchase the drinking water or wastewater project obligations of, or to make loans to, political subdivisions from a subaccount of the security fund for the purpose of preventing defaults in the payment of principal and interest on drinking water and wastewater project obligations;
(b)a term making loans to political subdivisions to pay the cost of obtaining:
(i)letters of credit from banks, savings and loan institutions, insurance companies, or other financial institutions;
(ii)municipal bond insurance; or
(iii)other forms of insurance or security to provide security for drinking water and wastewater project obligations; and
(c)a term providing other methods and assistance to political subdivisions that are reasonable and proper to enhance the marketability of or security for drinking water and wastewater project obligations.
(2)
(a)The Drinking Water Board and the Water Quality Board may each make loans from a security fund subaccount to political subdivisions to finance all or part of drinking water and wastewater project costs by following the procedures and requirements of Sections 73-10c-4.1 and 73-10c-4.2.
(b)These loans may only be made after credit enhancement agreements, interest buy-down agreements, and all other financing alternatives have been evaluated by the acting board and the board determines those options are unavailable or unreasonably expensive for the subdivision requesting assistance.
(c)Loans may be made from the security fund subaccount at interest rates determined by the board.
(3)
(a)The Drinking Water Board and the Water Quality Board may each make loans or grants from the security fund to political subdivisions for interest buy-down agreements for drinking water or wastewater project obligations.
(b)The Drinking Water Board may make loans or grants from the security account to political subdivisions for planning for drinking water projects.
(4)
(a)Of the total amount of money annually available to the Drinking Water Board and Water Quality Board for financial assistance to political subdivisions, at least 10% shall be allocated by each board for credit enhancement and interest buy-down agreements.
(b)The requirement specified in Subsection (4)(a) shall apply only so long as sales and use tax is transferred to the Utah Wastewater Loan Program Subaccount and Drinking Water Loan Program Subaccount as provided in Section 59-12-103.
(5)To the extent money is available in the hardship grant subaccounts of the security fund, the Drinking Water Board and the Water Quality Board may each make grants to political subdivisions that meet the drinking water or wastewater project loan considerations respectively, but whose projects are determined by the granting board to not be economically feasible unless grant assistance is provided.
(6)The Drinking Water and Water Quality Boards may at any time transfer money out of their respective hardship grant subaccounts of the security fund to their respective loan program subaccounts.
(7)The Water Quality Board may make a grant from the Hardship Grant Program for Wastewater Projects Subaccount created in Subsection 73-10c-5(2)(c) for a nonpoint source project as provided by Section 73-10c-4.5 if:
(a)money is available in the subaccount; and
(b)the Water Quality Board determines that the project would not be economically feasible unless a grant were made.
(8)
(a)The Water Quality Board may direct the transfer of money out of the Water Quality Security - Utah Wastewater Loan Program Subaccount created by Subsection 73-10c-5(2)(a) to the Water Infrastructure Fund in accordance with Section 73-10g-107.
(b)The Drinking Water Board may direct the transfer of money out of the Drinking Water Security - Drinking Water Loan Program Subaccount created by Subsection 73-10c-5(3)(a) to the Water Infrastructure Fund in accordance with Section 73-10g-107.

Amended by Chapter 105, 2025 General Session

73-10c-4.1 Wastewater projects -- Loan criteria and requirements -- Process for approval.
(1) The Water Quality Board shall review the plans and specifications for a wastewater project before approval of any loan and may condition approval on the availability of loan funds and on assurances that the Water Quality Board considers necessary to ensure that loan funds are used to pay the wastewater project costs and that the wastewater project is completed.
(2)
(a) Each loan shall specify the terms for repayment, with the term, interest rate or rates, including a variable rate, and security as determined by the Water Quality Board.
(b) The loan may be evidenced by general obligation or revenue bonds or other obligations of the political subdivision.
(c) Loan payments made by a political subdivision shall be deposited in the Water Quality Security Subaccount as described in Section 73-10c-5.
(d) The loans are subject to the provisions of Title 63B, Chapter 1b, State Financing Consolidation Act.
(3) In determining the priority for a wastewater project loan, the Water Quality Board shall consider:
(a) the ability of the political subdivision to obtain money for the wastewater project from other sources or to finance the project from its own resources;
(b) the ability of the political subdivision to repay the loan;
(c) whether or not a good faith effort to secure all or part of the services needed from the private sector of the economy has been made; and
(d) whether or not the wastewater project:
(i) meets a critical local or state need;
(ii) is cost effective;
(iii) will protect against present or potential health hazards;
(iv) is needed to comply with minimum standards of the federal Water Pollution Control Act, Title 33, Chapter 26, United States Code, or any similar or successor statute;
(v) is needed to comply with the minimum standards of Title 19, Chapter 5, Water Quality Act, or any similar or successor statute;
(vi) is designed to reduce the pollution of the waters of this state; and
(vii) meets any other consideration considered necessary by the Water Quality Board.
(4) In determining the cost effectiveness of a wastewater project the Water Quality Board shall:
(a) require the preparation of a cost-effective analysis of feasible wastewater treatment or conveyance alternatives capable of meeting state and federal water quality and public health requirements;
(b) consider monetary costs, including the present worth or equivalent annual value of all capital costs and operation, maintenance, and replacement costs; and
(c) ensure that the alternative selected is the most economical means of meeting applicable state and federal wastewater and water quality or public health requirements over the useful life of the facility while recognizing environmental and other nonmonetary considerations.
(5) A loan may not be made for a wastewater project that is not in the public interest as determined by the Water Quality Board.

Amended by Chapter 382, 2008 General Session

73-10c-4.2 Drinking water projects -- Loan criteria and requirements -- Process for approval.
(1) The Drinking Water Board shall review the plans and specifications for a drinking water project before approval of any loan and may condition approval on the availability of loan funds and on the assurances that the Drinking Water Board considers necessary to ensure that loan funds are used to pay the drinking water project costs and that the drinking water project is completed.
(2)
(a) Each loan shall specify the terms for repayment, with the term, interest rate or rates, including a variable rate, and security as determined by the Drinking Water Board.
(b) The loan may be evidenced by general obligation or revenue bonds or other obligations of the political subdivision.
(c) Loan payments made by a political subdivision shall be deposited in the Drinking Water Security Subaccount as described in Section 73-10c-5.
(d) The loans are subject to the provisions of Title 63B, Chapter 1b, State Financing Consolidation Act.
(3) In determining the priority for a drinking water project loan, the Drinking Water Board shall consider:
(a) the ability of the political subdivision to obtain money for the drinking water project from other sources or to finance such project from its own resources;
(b) the ability of the political subdivision to repay the loan;
(c) whether or not a good faith effort to secure all or part of the services needed from the private sector of the economy has been made; and
(d) whether or not the drinking water project:
(i) meets a critical local or state need;
(ii) is cost effective;
(iii) will protect against present or potential health hazards;
(iv) is needed to comply with minimum standards of the federal Safe Drinking Water Act, or any similar or successor statute;
(v) is needed to comply with the minimum standards of Title 19, Chapter 4, Safe Drinking Water Act, or any similar or successor statute; and
(vi) meets any other consideration considered necessary by the Drinking Water Board.
(4) In determining the cost effectiveness of a drinking water project the Drinking Water Board shall:
(a) require the preparation of a cost-effective analysis of feasible drinking water projects;
(b) consider monetary costs, including the present worth or equivalent annual value of all capital costs and operation, maintenance, and replacement cost; and
(c) ensure that the alternative selected is the most economical means of meeting applicable water quality or public health requirements over the useful life of the facility while recognizing environmental and other nonmonetary considerations.
(5) A loan may not be made for a drinking water project that is not in the public interest as determined by the Drinking Water Board.

Amended by Chapter 382, 2008 General Session

73-10c-4.5 Nonpoint source project loans and grants -- Project objectives -- Water Quality Board duties.
(1) The Water Quality Board may make a loan from the Utah Wastewater Loan Program Subaccount created in Subsection 73-10c-5(2)(a) or from the Utah State Revolving Fund for Wastewater Projects Subaccount created in Subsection 73-10c-5(2)(b) or a grant from the Hardship Grant Program for Wastewater Projects Subaccount created in Subsection 73-10c-5(2)(c) to a political subdivision, individual, corporation, association, state or federal agency, or other private entity to acquire, construct, or implement a nonpoint source project.
(2) The Water Quality Board may only award a loan or grant for a nonpoint source project that will achieve one or more of the following objectives:
(a) abate or reduce raw sewage discharges;
(b) repair or replace failing individual on-site wastewater disposal systems;
(c) abate or reduce untreated or uncontrolled runoff;
(d) improve critical aquatic habitat resources;
(e) conserve soil, water, or other natural resources;
(f) protect and improve ground water quality;
(g) preserve and protect the beneficial uses of waters of the state;
(h) reduce the number of water bodies not achieving water quality standards;
(i) improve watershed management; or
(j) prepare and implement total maximum daily load (TMDL) assessments.
(3) The Water Quality Board shall:
(a) determine the amount, term, and interest rate for each loan made under this section;
(b) assure that adequate security is obtained for each loan;
(c) establish criteria and procedures for determining priority nonpoint source projects and award loans in accordance with those priorities; and
(d) make rules to implement this section in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.

Amended by Chapter 382, 2008 General Session

73-10c-5 Water Development Security Fund created -- Water Quality Security and Drinking Water Security Subaccounts created -- Use -- Revolving loan funds -- Hardship grants.
(1)There is established an enterprise fund known as the Water Development Security Fund which includes the Water Quality Security Subaccount and the Drinking Water Security Subaccount.
(2)The Water Quality Security Subaccount consists of four subaccounts:
(a)the Utah Wastewater Loan Program Subaccount, which consists of:
(i)money appropriated to the subaccount by the Legislature;
(ii)money received from the repayment of the principal of loans made by the Water Quality Board under Sections 73-10c-4 and 73-10c-6 from the Utah Wastewater Loan Program Subaccount;
(iii)money deposited in the subaccount under any other law; and
(iv)money transferred from the Water Infrastructure Fund in accordance with Subsection 73-10g-603(1)(f);
(b)the Utah State Revolving Fund for Wastewater Projects Subaccount, which consists of:
(i)money appropriated to the subaccount by the Legislature;
(ii)money received from the Utah Wastewater Loan Program Subaccount applied to meet match requirements for federal funds under 33 U.S.C. 1251 et seq., federal Clean Water Act;
(iii)money received from the repayment of loans made by the Water Quality Board under Section 73-10c-4 from the Utah State Revolving Fund for Wastewater Projects Subaccount;
(iv)money received from the repayment of loans made by the Water Quality Board under Section 73-10c-4.5;
(v)money deposited in the subaccount under any other law;
(vi)money received under and subject to the restrictions of 33 U.S.C. 1251 et seq., federal Clean Water Act, and which is eligible for use in state revolving loan funds established to meet the requirements of the act; and
(vii)all investment income derived from money in the Utah State Revolving Fund for Wastewater Projects Subaccount;
(c)the Hardship Grant Program for Wastewater Projects Subaccount, which consists of:
(i)money appropriated to the subaccount by the Legislature;
(ii)money received as interest payments on loans made by the Water Quality Board under Sections 73-10c-4 and 73-10c-6, from the Utah Wastewater Loan Program Subaccount;
(iii)money deposited in the subaccount under any other law;
(iv)the Hardship Grant Assessment charged to State Revolving Fund loan recipients; and
(v)all investment income derived from money in the Utah Wastewater Loan Program Subaccount or the Hardship Grant Program for Wastewater Projects Subaccount; and
(d)the Water Quality Origination Fee Subaccount, which consists of the origination fee paid under Section 73-10c-10.
(3)The Drinking Water Security Subaccount consists of four subaccounts:
(a)the Drinking Water Loan Program Subaccount, which consists of:
(i)money appropriated to the subaccount by the Legislature;
(ii)money received from the repayment of the principal of loans made by the Drinking Water Board under Sections 73-10c-4 and 73-10c-6, from the Drinking Water Loan Program Subaccount;
(iii)money deposited in the subaccount under any other law; and
(iv)money transferred from the Water Infrastructure Fund in accordance with Subsection 73-10g-603(1)(f);
(b)the State Revolving Fund for Drinking Water Projects Subaccount, which consists of:
(i)money appropriated to the subaccount by the Legislature;
(ii)money received from the Utah Drinking Water Loan Program Subaccount and applied to meet match requirements for federal funds under 42 U.S.C. 300f et seq., federal Safe Drinking Water Act;
(iii)money received from the repayment of loans made by the Drinking Water Board under Section 73-10c-4 from the State Revolving Fund for Drinking Water Projects Subaccount;
(iv)money deposited in the subaccount under any other law;
(v)money received under and subject to the restrictions of 42 U.S.C. 300f et seq., federal Safe Drinking Water Act, and which is eligible for use in state revolving loan funds established to meet the requirements of the act; and
(vi)all investment income derived from money in the State Revolving Fund for Drinking Water Projects Subaccount;
(c)the Hardship Grant Program for Drinking Water Projects Subaccount, which consists of:
(i)money appropriated to the subaccount by the Legislature;
(ii)money received from interest payments on loans made by the Drinking Water Board under Sections 73-10c-4 and 73-10c-6, from the Drinking Water Loan Program Subaccount;
(iii)money deposited in the subaccount under any other law;
(iv)the Hardship Grant Assessment charged to State Revolving Fund loan recipients; and
(v)all investment income derived from money in the Drinking Water Loan Program Subaccount or the Hardship Grant Program for Drinking Water Projects Subaccount; and
(d)the Drinking Water Origination Fee Subaccount, which consists of the origination fee paid under Section 73-10c-10.
(4)State money in the Water Quality Security Subaccount and the Drinking Water Security Subaccount may be applied to meet match requirements for federal funds under the Clean Water Act, 33 U.S.C. Sec. 1251 et seq. and the Safe Drinking Water Act, 42 U.S.C. Sec. 300f et seq.
(5)If the money in the security fund is insufficient for the purposes for which the security fund is established, the council shall ask the governor to request the Legislature to appropriate additional money to the account.
(6)
(a)The Drinking Water Board and Water Quality Board may use the money in the appropriate security fund subaccount only to the extent of the money available in the account, for the support of drinking water projects and wastewater projects in accordance with the terms of credit enhancement agreements, grant agreements, and loan agreements.
(b)Repayments to the security fund from loans made by the acting board, money allocated by the Legislature, and interest accrued on the money shall remain available for use by that board for further project funding.
(c)The Drinking Water Board and Water Quality Board may use the money in the origination fee subaccount to administer this chapter.
(7)Funds received under the Safe Drinking Water Act, 42 U.S.C. Sec. 300f et seq. may be used for providing financial assistance to community water systems and nonprofit noncommunity water systems as defined and within the limits of that act.

Amended by Chapter 105, 2025 General Session

73-10c-6 Credit enhancement agreement -- Provisions for use of funds.
(1)
(a) A credit enhancement agreement may be made for the purpose of facilitating financing for political subdivisions.
(b) A credit enhancement agreement may provide for the use of funds from the security fund to accomplish the purposes specified in Section 73-10c-4.
(2)
(a) The political subdivision, prior to the sale or issuance of a drinking water or a wastewater project obligation, shall:
(i) apply to the Drinking Water Board or Water Quality Board to have its drinking water or wastewater project obligation or both, as desired, designated as covered by a credit enhancement agreement; and
(ii) have entered into a credit enhancement agreement with the Drinking Water Board or Water Quality Board setting forth the terms and conditions of the security or other forms of assistance provided by the agreement.
(b) The Drinking Water Board and Water Quality Board may not designate any drinking water or wastewater project obligation as covered by the credit enhancement agreement:
(i) unless immediately after the designation there is on deposit in the security fund, based on the purchase or then market price of the investments therein, whichever is lower, an amount determined by the Drinking Water Board or Water Quality Board to be sufficient to:
(A) reasonably improve the security for and marketability of the drinking water or wastewater project obligation, or both; and
(B) comply with the terms and provisions of all existing credit enhancement agreements; and
(ii) while held by the state, any agency of the state, the federal government, or any agency of the federal government.
(c) A drinking water project obligation may not be designated as covered by a credit enhancement agreement unless the drinking water project for which it was issued by the political subdivision has been approved by the Department of Environmental Quality, acting through the Drinking Water Board.
(d) A wastewater project obligation may not be designated as secured by a credit enhancement unless the wastewater project for which it was issued by the political subdivision has been approved by the Department of Environmental Quality, acting through the Water Quality Board.
(3)
(a) A credit enhancement agreement must provide that the security provided under this chapter and the credit enhancement agreement:
(i) is limited to the money available in the security fund; and
(ii) does not constitute a pledge of or charge against the general revenues, credit, or taxing powers of the state or any political subdivision.
(b) A credit enhancement agreement which obligates the state to pay principal of or interest on any drinking water or wastewater project obligation, including any credit enhancement agreement entered into under Section 73-10c-4, may provide that:
(i) the political subdivision or its agent will notify the council whenever it is not able to pay principal of or interest on the drinking water or wastewater project obligation covered by the credit enhancement agreement and request payment from the security fund; and
(ii) money in the security fund needed to make the payment requested by the political subdivision may be segregated within the security fund and held until the requested payment is made.
(c) A default of the political subdivision under the drinking water or wastewater project obligation may not alter, in any manner, the obligations of the state as provided in the credit enhancement agreement.
(d) Any drinking water or wastewater project obligation covered by the credit enhancement agreement which is represented by a bond, note, or other written instrument shall bear a legend which states these provisions and makes reference to this chapter and the credit enhancement agreement pursuant to which the obligation is secured.
(4) Any credit enhancement agreement for a drinking water or wastewater project obligation may provide that the Drinking Water Board or Water Quality Board:
(a) purchase from the money in the security fund the obligation which the political subdivision is unable to pay, whereupon the Drinking Water Board or Water Quality Board, on behalf of the state, will become the holder of the obligation and entitled to all rights of a holder under the terms of the obligation;
(b) pay, as a loan to the political subdivision from the money in the security fund, to the holder of the obligation the principal or interest, or both, due or to become due on the obligation which the political subdivision is unable to pay;
(c) take both  actions referred to in Subsections (4)(a) and (b) relating to any issue of obligations; or
(d) take any other action specified in or contemplated by the credit enhancement agreement.
(5)
(a) Any credit enhancement agreement must require that the political subdivision repay to the state any loan of money made from the security fund to make any payments specified in the credit enhancement agreement, which repayment obligation may also be evidenced by bonds or notes of the political subdivision, as the Drinking Water Board or Water Quality Board may determine.
(b) The loan may be for a term, may bear interest at  a rate or rates or may bear no interest, as the Drinking Water Board or Water Quality Board may determine, and may be secured by any security the Drinking Water Board or Water Quality Board may determine.
(c) The interest rate for any loan contemplated by, but not made at the time the credit enhancement agreement is executed, may be specified in relationship to a prime rate or other identifiable rate existing at the time the loan is made.
(d) The term of the loan may be specified in the credit enhancement agreement as a maximum term and the actual term stated when the loan is made.
(e) Any security for the loan may include:
(i) a pledge of the revenues from the particular drinking water project or wastewater project;
(ii) an assignment from the holder or holders of the drinking water or wastewater project obligation of the holders’ interest in any security for the obligation in the amount needed to service the indebtedness represented by the loan; or
(iii) any other security device.
(f) The Drinking Water Board or Water Quality Board, on behalf of the state, is subrogated to all rights of the holder of the drinking water or wastewater project obligation against the political subdivision which issued the obligation with respect to the collection of the amount of the loan, but the state is not relieved by this subrogation from its obligation to make payments from the security fund as provided in its credit enhancement agreement with the political subdivision.
(6) Prior to entering into a credit enhancement agreement, the Drinking Water Board or Water Quality Board shall obtain an opinion of counsel experienced in bond matters to the effect that the drinking water or wastewater project obligation to be purchased or with respect to which a loan is to be made, is a valid and binding obligation of the political subdivision which issued it.
(7) Prior to making any payment under the credit enhancement agreement, the Drinking Water Board or Water Quality Board shall:
(a) verify the correctness of the information in any notification referred to in Subsection (3); and
(b) determine that funds in the security fund are adequate to purchase the drinking water or wastewater project obligations or to make any loan of funds provided by the credit enhancement agreement.

Amended by Chapter 175, 2001 General Session

73-10c-7 Use of deposits in security fund.
          All money and investments on deposit in the security fund shall be held for the purposes for which the security fund is established, as provided in this chapter, and may not be used for any other purpose.

Amended by Chapter 175, 2001 General Session

73-10c-8 Rules.
          The board shall make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, as necessary to administer this chapter, including the application by political subdivisions for the securing of their drinking water or wastewater project obligations, the approval of obligations to be secured, the verification of notices with respect to inabilities of political subdivisions to pay principal and interest, and the credit enhancement agreements with political subdivisions setting forth the terms and conditions under which obligations may be secured under this chapter.

Amended by Chapter 382, 2008 General Session

73-10c-9 Investments of money in security fund.
(1) Unless otherwise required to preserve the exemption of any obligations of the state from federal taxation, the state treasurer shall invest the money in the security fund by following the procedures and requirements of Title 51, Chapter 7, State Money Management Act.
(2) If necessary to preserve the exemption of any obligations of the state from federal taxation, the board may make investments in any manner necessary to preserve this exemption.

Amended by Chapter 175, 2001 General Session

73-10c-10 Origination fee.
(1) The Drinking Water Board and the Water Quality Board may establish an origination fee for a loan to fund the administration of the programs created by this chapter by following the procedures and requirements of Section 63J-1-504.
(2) The Drinking Water Board may establish an origination fee for a federally funded loan to fund the administration of programs allowed by 42 U.S.C. Sec. 300j-12, and regulations created thereunder, by following the procedures and requirements of Section 63J-1-504.
(3) An origination fee established in accordance with this section shall be part of the department fee schedule established under Section 19-1-201.
(4) Notwithstanding the requirements of Section 63J-1-504, the board shall deposit a fee paid in accordance with this section in the origination fee subaccount created in Section 73-10c-5 and use the fee to administer this chapter.
(5) The loan recipient may pay the origination fee from the loan proceeds.

Amended by Chapter 104, 2011 General Session

73-10c-11 Actions related to coordination of growth and conservation planning.
(1)
(a)The council shall identify how different agencies may work together to assist the following in coordinating growth and conservation planning related to water:
(i)municipalities, as defined in Section 10-1-104;
(ii)counties;
(iii)water conservancy districts, as defined in Section 17B-1-102; and
(iv)public water systems, as defined in Section 19-4-102.
(b)To comply with Subsection (1)(a), the council shall consider Sections 10-20-404, 17-79-403, 19-4-114, and 73-10-32.
(2)The council shall identify incentives that are most effective to help the entities described in Subsection (1) to, where feasible:
(a)develop and implement conservation plans; and
(b)regionalize water systems.

Amended by Chapter 15, 2025 Special Session 1

Chapter 10d
Utah Privatization Act

73-10d-1 Public policy.
          The Legislature declares that the policy of this state is to assure its citizens adequate public services, including drinking water, water, and wastewater collection, treatment and disposal at reasonable cost.   Adequate public services are essential to the maintenance and general welfare of the citizens of this state and to the continued expansion of the state’s economy, job market, and industrial base.
          The cost of constructing, owning, and operating capital facilities to meet the anticipated growth in the demand for those public services is becoming increasingly burdensome to political subdivisions, particularly to the smaller communities of the state.
          It is desirable that innovative financing mechanisms be made available to assist the communities of this state to develop capital facilities to provide adequate public services at reasonable cost.  Private sector ownership and operation of capital facilities providing public services together with industrial development revenue bond financing of those facilities, can result in cost savings to communities contracting for those public services.
          It is in the best public interest of the state and its citizens that  political subdivisions be authorized to provide public services by access to facilities owned and operated by private persons and financed through the issuance of industrial development revenue bonds, and to contract with private persons for the long-term provision of the services of those facilities.

Amended by Chapter 245, 1985 General Session

73-10d-2 Citation of chapter.
          This act shall be known and may be cited as the “Utah Privatization Act.”

Enacted by Chapter 19, 1984 Special Session 2
Enacted by Chapter 19, 1984 Special Session 2

73-10d-3 Definitions.
          As used in this chapter:
(1) “Agreement” means a short-term agreement or a long-term agreement.
(2) “Bonds” means obligations issued by a municipality or a county under Title 11, Chapter 17, Utah Industrial Facilities and Development Act, and the provisions of this chapter.
(3) “Cost” means, with respect to any privatization project or facility related thereto, without limitation:
(a) all costs of designing, planning, acquiring, constructing, reconstructing, modifying, improving, maintaining, equipping, extending, furnishing, and placing in service any privatization project, including architectural, planning, engineering, legal, and fiscal advisors’ fees or costs, and any costs incident to the acquisition of any necessary property, easement, or right-of-way;
(b) any costs incurred for preliminary planning to determine the economic or engineering feasibility of a proposed privatization project, including, without limitation, costs of economic investigations and studies, surveys, preparation of designs, plans, working drawings, specifications, and inspection and supervision of the construction of any facility;
(c) all costs incident to the purchase, installation, or financing of equipment, machinery, and other personal property required by a privatization project;
(d) all costs incident to the authorization and issuance of bonds, including accountants’ fees, attorneys’ fees, financial advisors’ fees, underwriting fees, including bond discount, and other professional services and printing costs;
(e) all costs incident to the establishment and funding of appropriate reserve funds; and
(f) interest estimated to accrue on any bonds issued to finance a privatization project for a reasonable period of time prior to construction, during construction, and for a reasonable period of time after construction.
(4) “Drinking water project” means any work or facility necessary or desirable to provide water for human consumption and other domestic uses which has at least 15 service connections or serves an average of 25 individuals daily for at least 60 days of the year and includes collection, treatment, storage, and distribution facilities under the control of the private owner/operator and used primarily with the work or facility, and collection, pretreatment, or storage facilities used primarily in connection with the work or facility but not under the control of the private owner/operator, and any related structures and facilities.
(5) “Facility” means any structure, building, machinery, system, land, water right, or other property necessary or desirable to provide the services contemplated by a privatization project, including, without limitation, all related and appurtenant easements and rights-of-way, improvements, utilities, landscaping, sidewalks, roads, curbs and gutters, and equipment and furnishings.
(6) “Governing authority” means the persons, board, body, or entity in which the legislative powers of a political subdivision are vested.
(7) “Governing body” means the body in which the general legislative powers of a municipality or county are vested.
(8) “Long-term agreement” means an agreement or contract having a term of more than five years and less than 50 years.
(9) “Municipality” means any incorporated city or town in the state, including cities or towns operating under home rule charters.
(10) “Political subdivision” means the state or any municipality, county improvement district, water conservancy district, special service district, drainage district, metropolitan water district, irrigation district, separate legal or administrative entity created under the Interlocal Cooperation Act, or any other entity constituting a political subdivision under the laws of the state.
(11) “Private owner/operator” means a person that is not a political subdivision and which owns and operates a privatization project.
(12) “Privatization project” means all or part of any drinking water, water, or wastewater project which is owned or operated by a private owner/operator, and provides the related services to political subdivisions.
(13) “Short-term agreement” means any contract or agreement having a term of five years or less.
(14) “Supervising agency” means the Water Development Coordinating Council created in Section 73-10c-3.
(15) “Wastewater project” means any sewer, sewage system, sewage treatment facility, lagoon, sewage collection facility and system and related pipelines, and all similar systems, works, and facilities necessary or desirable to collect, hold, cleanse, or purify any sewage or other polluted waters of this state, and related structures and facilities.
(16) “Water project” means any work or facility necessary or desirable to conserve, develop, protect, or treat the waters of this state including, without limitation, any reservoir, diversion dam, electrical generation system, irrigation dam and system, culinary water system, water work, water treatment facility, canal, ditch, artesian well, aqueduct, pipeline, conduit, drain, tunnel, and related structures and facilities.
(17) “Waters of this state” means any stream, lake, pond, marsh, watercourse, waterway, well, spring, irrigation system, drainage system, or other body or accumulation of water, whether surface, underground, natural, artificial, public or private, or other water resource of the state, which is contained within or flows in or through the state.

Amended by Chapter 93, 1990 General Session

73-10d-4 Notice of intention to enter privatization project -- Petition for election -- Certification of petition signatures -- Removal of signature -- Election procedures -- Powers of political subdivision -- Public bidding laws not to apply.
(1) The governing authority of any political subdivision considering entering into a privatization project agreement shall issue a notice of intention setting forth a brief summary of the agreement provisions and the time within which and place at which petitions may be filed requesting the calling of an election in the political subdivision to determine whether the agreement should be approved.  The notice of intention shall specify the form of the petitions.  If, within 30 days after the publication of the notice of intention, petitions are filed with the clerk, recorder, or similar officer of the political subdivision, signed by at least 5% of the registered voters of the political subdivision (as certified by the county clerks of the respective counties within which the political subdivision is located pursuant to Subsections (7) and (8)) requesting an election be held to authorize the agreement, then the governing authority shall proceed to call and hold an election.  If an adequate petition is not filed within 30 days, the governing authority may adopt a resolution so finding and may proceed to enter into the agreement.
(2) If, under Subsection (1), the governing authority of a political subdivision is required to call an election to authorize an agreement, the governing authority shall adopt a resolution directing that an election be held in the political subdivision for the purpose of determining whether the political subdivision may enter into the agreement.  The resolution calling the election shall be adopted, notice of the election shall be given, voting precincts shall be established, the election shall be held, voters’ qualifications shall be determined, and the results shall be canvassed in the manner and subject to the conditions provided for in Title 11, Chapter 14, Local Government Bonding Act.
(3) A political subdivision may, upon approval of an agreement as provided by Subsections (1) and (2) and subject to the powers and rules of the supervising agency:
(a) supervise and regulate the construction, maintenance, ownership, and operation of all privatization projects within its jurisdiction or in which it has a contractual interest;
(b) contract, by entry into agreements with private owner/operators for the provision within its jurisdiction of the services of privatization projects;
(c) levy and collect taxes, as otherwise provided by law, and impose and collect assessments, fees, or charges for services provided by privatization projects, as appropriate, and, subject to any limitation imposed by the constitution, pledge, assign, or otherwise convey as security for the payment of its obligations under any agreements any revenues and receipts derived from  any assessments, fees, or charges for services provided by privatization projects;
(d) require the private owner/operator to obtain any and all licenses as appropriate under federal, state, and local law and impose other requirements which are necessary or desirable to discharge  the responsibility of the political subdivision to supervise and regulate the construction, maintenance, ownership, and operation of any privatization project;
(e) control the right to contract, maintain, own, and operate any privatization project and the services provided in connection with that project within its jurisdiction;
(f) purchase, lease, or otherwise acquire all or any part of a privatization project;
(g) with respect to the services of any privatization project, control the right to establish or regulate the rates paid by the users of the services within the jurisdiction of the political subdivision;
(h) agree that the sole and exclusive right to provide the services within its jurisdiction related to privatization projects be assumed by any private owner/operator;
(i) contract for the lease or purchase of land, facilities, equipment, and vehicles for the operation of privatization projects;
(j) lease, sell, or otherwise convey, as permitted by state and local law, but without any requirement of competitive public bidding, land, facilities, equipment, and vehicles, previously used in connection with privatization projects, to private owner/operators; and
(k) establish policies for the operation of any privatization project within its jurisdiction or with respect to which it has a contractual interest, including hours of operation, the character and kinds of services, and other rules necessary for the safety of operating personnel.
(4) Any political subdivision may enter into agreements with respect to privatization projects.  Agreements may contain provisions relating to, without limitation, any matter provided for in this section or consistent with the purposes of this chapter.
(5) Any agreement entered into between a political subdivision and a private owner/operator for the provision of the services of a privatization project is considered an exercise of that political subdivision’s business or proprietary power binding upon its succeeding governing authorities.  Any agreement made by a political subdivision with a private owner/operator for payment for services provided or to be provided may not be construed to be an indebtedness or a lending of credit of the political subdivision within the meaning of any constitutional or statutory restriction.
(6) The provisions of the various laws of the state and the rules or ordinances of a political subdivision which would otherwise require public bidding in respect to any matter provided for in this chapter shall have no application to that matter.
(7) If a petition is presented to the clerk of a political subdivision under Subsection (1):
(a) as applicable, within three business days after the day on which the clerk receives the petition, the clerk shall provide the petition to the county clerk for the county in which the political subdivision is located; and
(b) within 14 days after the day on which a county clerk receives a petition under this section, the county clerk shall:
(i) use the procedures described in Section 20A-1-1002 to determine whether the petition satisfies the requirements of Subsection (1) for a registered voter petition;
(ii) certify on the petition whether each name is that of a registered voter in the affected political subdivision; and
(iii) as applicable, deliver the certified petition to the governing authority of the affected political subdivision.
(8)
(a) A voter who signs a petition under Subsection (1) may have the voter’s signature removed from the petition by, no later than three business days after the day on which the petition is provided to the county clerk, submitting to the county clerk a statement requesting that the voter’s signature be removed.
(b) A statement described in Subsection (8)(a) shall comply with the requirements described in Subsection 20A-1-1003(2).
(c) The county clerk shall use the procedures described in Subsection 20A-1-1003(3) to determine whether to remove an individual’s signature from a petition after receiving a timely, valid statement requesting removal of the signature.

Amended by Chapter 116, 2023 General Session

73-10d-5 Bond issues -- Debt not authorized -- Project not a public utility -- Financing as an industrial facility.
(1) The governing body of any municipality or county may, under Title 11, Chapter 17, Utah Industrial Facilities and Development Act, and this chapter, issue bonds to finance the costs of privatization projects within or partially within its own jurisdiction, on behalf of private owner/operators, all pursuant to contracts and other arrangements provided for in the proceedings under which the bonds are issued.  Privatization projects shall provide services to one or more political subdivisions, which may include the municipality or county issuing bonds.
(2) All bonds issued under this chapter shall be limited obligations of the municipality or county issuing the bonds.  Bonds issued under this chapter or interest on them do not constitute nor give rise to a general obligation of the state, the issuer of the bonds, or any other political subdivision, nor are they a charge against the general credit or taxing powers of the state, the issuer, or any other political subdivision.  This limitation shall be plainly stated on the face of the bonds.  The bonds are not payable from any funds other than those of the municipality or county that shall be specifically pledged for that purpose in accordance with this chapter and Title 11, Chapter 17, Utah Industrial Facilities and Development Act.
(3) All expenses incurred in carrying out any provision of this chapter with respect to a privatization project are payable solely as provided under this chapter, and nothing in this chapter shall be construed to authorize the issuer of bonds to incur indebtedness or liability on behalf of or payable by the state or any political subdivision.
(4) A privatization project or its private owner/operator is not a “public utility” for any purpose of Title 54, Chapter 2, General Provisions, with respect to any privatization project or the services provided thereby.
(5) For purposes of Title 11, Chapter 17, Utah Industrial Facilities and Development Act, a privatization project is a “project” as defined in Section 11-17-2.

Amended by Chapter 93, 1990 General Session

73-10d-6 Contents of agreements and reports required where bonds are issued that mature more than 10 years after project begins operation.
(1) If a municipality or county issues bonds to finance the cost of a privatization project and the bonds mature more than 10 years after the privatization project begins operation, the political subdivision contracting with a private owner/operator for the services of the privatization project shall assure that the minimum level of services under contract, payment for the services, and the supply of drinking water, water, or wastewater required in connection with the provision of those services will be sufficient to generate enough income, after payment of operating expenses, to fund reserves for repair and replacement, and to discharge any other obligation of the political subdivision to the private owner/operator under any agreement, and together with all other sources of revenue pledged for payment of the bonds, to pay all principal and interest on the bonds during the term of the bonded indebtedness.  The assurance may take the form of:
(a) long-term agreements, at least equal to the period of the bonded indebtedness, with other  political subdivisions or other persons; or
(b) ordinances, franchises, or other forms of regulation requiring sufficient quantities of drinking water, water, or wastewater.
(2) The supervising agency shall establish rules for periodic reporting by any political subdivision that establishes ordinances, franchises, or other forms of regulation under Subsection (1) and Subsection 73-10d-4(3).  The reports shall include information about the services being provided by the privatization project and whether the charges made for those services together with all other sources of revenue pledged for the payment of principal and interest on the bonds, are sufficient to meet the debt service on the bonds.

Amended by Chapter 245, 1985 General Session

73-10d-7 Agreements by political subdivisions for privatization projects -- Joint interests.
(1) Any one or more political subdivisions, or the United States or any of its agencies, may enter into long-term agreements with any person for joint or cooperative action related to the acquisition, construction, maintenance, ownership, operation, and improvement of privatization projects in accordance with the terms, conditions, and consideration provided in any long-term agreements.  Any payments made by a political subdivision under a long-term agreement for joint or cooperative action may not be construed to be an indebtedness of or a lending of the credit of the political subdivision within the meaning of any constitutional or statutory restriction, and, except as required by this chapter and the constitution, no election is necessary for the authorization of any long-term agreement for joint or cooperative action.
(2) Any one or more political subdivisions may construct, purchase, or otherwise acquire joint interests in any privatization project or any part of a privatization project, for common use with any private entity or other political subdivision, or may sell or lease to any other political subdivision or person a partial interest in a privatization project.  Political subdivisions may finance their joint interests in privatization projects in the manner provided for and subject to Title 11, Chapter 14, Local Government Bonding Act, if otherwise eligible thereunder to finance capital improvement.

Amended by Chapter 105, 2005 General Session

Chapter 10e
Water Development and Flood Mitigation Reserve Account

73-10e-1 Creation of Water Development and Flood Mitigation Reserve Account -- Appropriation.
(1) There is created within the General Fund a restricted account known as the “Water Development and Flood Mitigation Reserve Account.”
(2) There is appropriated for fiscal year 1984-85 $55,000,000 from the General Fund and $6,000,000 from certificates of participation to the Water Development and Flood Mitigation Reserve Account.  This appropriation may not lapse and shall carry over to fiscal year 1985-86.
(3) There is appropriated for fiscal year 1985-86 $35,000,000 from the General Fund to the Water Development and Flood Mitigation Reserve Account.
(4) There is appropriated for fiscal year 1984-85 $4,050,000 from the Water Development and Flood Mitigation Reserve Account to the Division of Water Resources to use for all of the following:
(a) $2,000,000 for final engineering studies for west desert pumping;
(b) $500,000 for implementation of the State Water Plan, including, but not limited to, engineering studies on Bear River upstream diversion and storage projects and Hatch Town Reservoir;
(c)
(i) $750,000 to prepare final design reports and cost estimates for the following:
(A) Option A - No.  Davis WWTP, West Kaysville, Centerville, Bard, West Bountiful, So.  Davis No.  WWTP, Phillips, Woods Cross, Jordan River WWTP, and the Salt Lake International Airport; and
(B) Option B - Antelope Island roadway dikes.
(ii) It is the intent of the Legislature to choose between Options A and B after the final design reports are completed.  The final design reports for Option B shall be completed by consultants other than those who prepared the original report.  The reports for both Options A and B shall clearly indicate the following for each alternative:
(A) estimated construction costs;
(B) estimated costs of operation and maintenance;
(C) estimated time necessary for completion;
(D) benefits with respect to flood control, tourism, recreation, long-term second use, and new access to Antelope Island and marsh lands; and
(E) impact on roads and esthetic land features during construction.
(d) $250,000 to prepare final design reports for the following projects: Corrine-WWTP, Plain City-WWTP, Perry-WWTP, and Little Mtn.-WWTP;
(e) $500,000 to construct the South Shore project; and
(f) $50,000 to reevaluate inter-island diking between South Shore, Antelope Island, Fremont Island, and Promontory Point.
(5) There is appropriated for fiscal year 1984-85 $16,300,000 from the Water Development and Flood Mitigation Reserve Account to the Community Development/Disaster Relief Board for the following:
(a) $4,000,000 to use as a match on diking projects built by the Army Corps of Engineers; and
(b)
(i) $12,300,000 to provide grants to appropriate governmental entities to increase the carrying capacity of the Jordan River.  The grants shall be made without requiring matching funds from any other governmental entity and shall only be made if an agreement is entered into by the affected governmental entities resolving disputed issues of responsibility.  It is the intent of the Legislature to consider the distribution of the 1/8% sales and use tax increase as the contribution from the affected governmental entities.
(ii) Any portion of the $12,300,000 appropriated under Subsection (5)(b)(i) which is not used for the purposes described in that subsection shall be transferred to the Division of State Parks for the purposes described in Section 79-4-802.  After this money is transferred to the Division of State Parks, the money is nonlapsing.  The money may not be used for any project specified by the Division of State Parks until the political subdivision having jurisdiction over the appropriate area contributes 50% of the costs of the project to the state.  This contribution may be in the form of money, property, or services, or any combination of these, which can be used for the specified project.
(6) Interest accrued on the money appropriated into the Water Development and Flood Mitigation Reserve Account shall be deposited into the Water Resources Conservation and Development Fund as the interest accrues.
(7) All money not appropriated from the Water Development and Flood Mitigation Reserve Account by September 1, 1985, shall be deposited into the Water Resources Conservation and Development Fund.

Amended by Chapter 280, 2021 General Session

73-10e-2 Requirement to obtain rights-of-way and easements.
          It is the intent of the Legislature that the money appropriated into the Water Development and Flood Mitigation Reserve Account in Section 73-10e-1 may not be spent for construction of dikes until all necessary rights-of-way and easements are obtained for each individual diking project by the impacted local government entities in which the diking projects are located.

Amended by Chapter 20, 1995 General Session

73-10e-3 Requirement to provide engineering studies.
          Local government entities in which the projects described in Subsection 73-10e-1(4)(c)(i)(A) and Subsection 73-10e-1(4)(d) are located, shall immediately make all engineering studies which may be useful for the final design and construction of the projects, available to the state at no cost to the state.

Amended by Chapter 20, 1995 General Session

73-10e-4 Authority to transfer funds.
          The Division of Water Resources may transfer money to the Department of Transportation, as necessary under this chapter, to construct projects whose purposes are primarily to protect state highways or to study or construct Option B set forth in Subsection 73-10e-1(4)(c)(i)(B).

Amended by Chapter 20, 1995 General Session

Chapter 10f
Bear River Development

73-10f-1 Definitions.
          As used in this chapter:
(1) “Division” means the Division of Water Resources.
(2) “Task force” means the Joint Gubernatorial/Legislative Task Force on the Bear River created in Laws of Utah 1989, Chapter 158.

Amended by Chapter 250, 2008 General Session

73-10f-2 Bear River feasibility studies.
(1) The division is directed to undertake a study of the feasibility of developing the Bear River.  This study shall include the following components:
(a) an assessment of present water supplies, uses, and rights and future water needs in counties within the Bear River Basin and along the Wasatch Front;
(b) an evaluation of alternative dam and reservoir sites;
(c) a review of preliminary design work;
(d) an update of the cost estimates;
(e) an assessment of environmental impacts;
(f) water quality analyses; and
(g) financial and economic analyses.
(2) The division shall:
(a) report to the task force on the progress of the studies upon the request of the chairmen; and
(b) report its interim conclusions and recommendations to the task force by October 31, 1990, and its final conclusions and recommendations by October 31, 1991.

Enacted by Chapter 206, 1990 General Session

Chapter 10g
Water Infrastructure and Long-term Planning

Part 1
Funding

73-10g-101 Title.
(1) This chapter is known as “Water Infrastructure and Long-Term Planning.”
(2) This part is known as “Funding.”

Amended by Chapter 143, 2018 General Session

73-10g-102 Definitions.
          As used in this chapter:
(1)”Board” means the Board of Water Resources.
(2)”Division” means the Division of Water Resources.
(3)”Restricted account” means the Water Infrastructure Restricted Account created in Section 73-10g-103.
(4)”Water Infrastructure Fund” means the enterprise fund created in Section 73-10g-107.
(5)”Water infrastructure project” means:
(a)the following for the supply, control, measurement, treatment, distribution, storage, or transport of water:
(i)planning;
(ii)design;
(iii)construction;
(iv)reconstruction;
(v)improvement;
(vi)renovation;
(vii)acquisition; or
(viii)seismic upgrade; or
(b)a project to engage in planning consistent with Part 6, Planning and Prioritization.

Amended by Chapter 335, 2024 General Session

73-10g-103 Creation of the Water Infrastructure Restricted Account.
(1)
(a) There is created a restricted account in the General Fund known as the “Water Infrastructure Restricted Account.”
(b) The restricted account shall earn interest.
(2) The restricted account consists of money generated from the following sources:
(a) voluntary contributions made to the division for the construction, operation, or maintenance of state water projects;
(b) appropriations made to the restricted account by the Legislature;
(c) interest earned on the restricted account; and
(d) money transferred to the restricted account under Section 73-10-25.
(3) Subject to appropriation, the division and the board shall manage the restricted account created in Subsection (1) in accordance with this chapter.

Amended by Chapter 261, 2023 General Session

73-10g-104 Authorized use of the Water Infrastructure Restricted Account.
          Money in the restricted account is to be used, subject to appropriation, for:
(1)the development of the state’s undeveloped share of the Bear and Colorado rivers, pursuant to existing interstate compacts governing both rivers as described in Chapter 26, Bear River Development Act, and Chapter 28, Lake Powell Pipeline Development Act;
(2)repair, replacement, or improvement of federal water projects for local sponsors in the state when federal funds are not available;
(3)study and development of rules, criteria, targets, processes, and plans, as described in Subsection 73-10g-105(3);
(4)a project that benefits the Colorado River drainage in Utah, including projects for water reuse, desalinization, building of dams, or water conservation, if a county or municipality that benefits from the project:
(a)requires a new residential subdivision follow the regional conservation level of .59 acre-feet regardless of whether the outside water is potable, reuse, or secondary water;
(b)adopts and implements the local water conservancy district’s emergency drought contingency plan;
(c)adopts and implements the local water conservancy district’s grass rebate program’s maximum grass restrictions;
(d)prohibits grass in new retail, industrial, or commercial facility landscaping;
(e)has reuse water be managed by the local water conservancy district;
(f)does not withdraw water from an aquifer in excess of the safe yield of the aquifer as defined in Section 73-5-15;
(g)adopts and implements excess water use surcharges;
(h)prohibits private water features in new development, such as a fountain, pond, or ski lake; and
(i)prohibits large grassy areas in new development, unless the large grassy area is open to the general public; and
(5)a project recommended to the Legislature by the Water District Water Development Council, created in Section 11-13-228, for generational water infrastructure, as defined in Section 11-13-228.

Amended by Chapter 522, 2024 General Session

73-10g-105 Loans -- Rulemaking.
(1)
(a) The division and the board shall make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, in preparation to make loans from available funds to repair, replace, or improve underfunded federal water infrastructure projects.
(b) Subject to Chapter 26, Bear River Development Act, and Chapter 28, Lake Powell Pipeline Development Act, the division and the board shall make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, in preparation to make loans from available funds to develop the state’s undeveloped share of the Bear and Colorado rivers.
(2) The rules described in Subsection (1) shall:
(a) specify the amount of money that may be loaned;
(b) specify the criteria the division and the board shall consider in prioritizing and awarding loans;
(c) specify the minimum qualifications for a person to receive a loan, including the amount of cost-sharing to be the responsibility of the person applying for a loan;
(d) specify the terms of the loan, including the terms of repayment; and
(e) require an applicant for a loan to apply on forms provided by the division and in a manner required by the division.
(3) The division and the board shall, in making the rules described in Subsection (1) and in consultation with the Legislative Water Development Commission created in Section 73-27-102:
(a) establish criteria for better water data and data reporting;
(b) establish new conservation targets based on the data described in Subsection (3)(a);
(c) institute a process for the independent verification of the data described in Subsection (3)(a);
(d) establish a plan for an independent review of:
(i) the proposed construction plan for an applicant’s qualifying water infrastructure project; and
(ii) the applicant’s plan to repay the loan for the construction of the proposed water infrastructure project;
(e) invite and recommend public involvement; and
(f) set appropriate financing and repayment terms.
(4) The division and the board shall provide regular updates to the Legislative Management Committee on the progress made under this section, including whether the division and board intend to issue a request for proposals.

Amended by Chapter 28, 2020 General Session

73-10g-106 Requirement for repayment.
(1) Any money utilized to construct water infrastructure to develop the state’s share of the Bear and Colorado Rivers are subject to the repayment provisions of Title 73, Chapter 26, Bear River Development Act, and Chapter 28, Lake Powell Pipeline Development Act.
(2) Any money utilized for the repair, replacement, or improvement of federal water infrastructure projects when federal funds are not available shall be repaid pursuant to the terms and conditions established by the division and the board by rule under Section 73-10g-105.

Enacted by Chapter 458, 2015 General Session

73-10g-107 Water Infrastructure Fund.
(1)There is created an enterprise fund known as the “Water Infrastructure Fund,” which is referred to in this section as the “fund.”
(2)The fund shall consist of:
(a)appropriations from the Legislature;
(b)money from the federal government;
(c)grants or donations from a person;
(d)money made available to the state for purposes of water infrastructure projects from any source;
(e)money received for the repayment of loans made from the Water Resources Cities Water Loan Fund that were issued before May 7, 2025;
(f)money transferred to the fund under Subsection (5); and
(g)interest and earnings on the fund.
(3)The state treasurer shall invest the money in the fund according to Title 51, Chapter 7, State Money Management Act, except that interest or other earnings derived from those investments shall be deposited into the fund.
(4)
(a)The Water Development Coordinating Council may use money in the fund to pay for the costs of administering Part 6, Planning and Prioritization, including staff directly related to the activities of the Water Development Coordinating Council under Part 6, Planning and Prioritization.
(b)The division may use money in the fund to pay for the costs of the study required by Section 73-10-39.
(c)Fund money may be used, in accordance with Section 73-10g-603, to provide money to a relevant agency, as defined in Section 73-10g-601.
(5)
(a)Each fiscal year beginning with fiscal year 2027, the Division of Finance shall transfer the money described in this Subsection (5) to the fund at the close of the fiscal year.
(b)The Water Quality Board shall at the close of a fiscal year beginning with fiscal year 2027:
(i)determine the amount of money in the Water Quality Security - Utah Wastewater Loan Program Subaccount, created in Section 73-10c-5, that is in excess of the money needed to fund loans authorized in the previous fiscal year under the Utah Wastewater Loan Program;
(ii)determine the amount of the money described in Subsection (5)(b)(i) that should be transferred under this Subsection (5)(b); and
(iii)direct the Division of Finance to transfer the amount of money described in Subsection (5)(b)(ii) to the fund.
(c)The Drinking Water Board shall at the close of a fiscal year beginning with fiscal year 2027:
(i)determine the amount of money in the Drinking Water Security - Drinking Water Loan Program Subaccount, created in Section 73-10c-5, that is in excess of the money needed to fund loans authorized in the previous fiscal year under the Drinking Water Loan Program;
(ii)determine the amount of the money described in Subsection (5)(c)(i) that should be transferred under this Subsection (5)(c); and
(iii)direct the Division of Finance to transfer the amount of money described in Subsection (5)(c)(ii) to the fund.
(d)The Board of Water Resources shall at the close of a fiscal year beginning with fiscal year 2027:
(i)determine the amount of money in the Water Resources Conservation and Development Fund, created in Section 73-10-24, that is in excess of the sum of the money:
(A)specified in Subsection 59-12-103(5)(d) for the purposes described in Subsection 59-12-103(5)(d); and
(B)needed to fund loans or grants authorized in the previous fiscal year under Chapter 10, Board of Water Resources - Division of Water Resources;
(ii)determine the amount of the money described in Subsection (5)(d)(i) that should be transferred under this Subsection (5)(d); and
(iii)direct the Division of Finance to transfer the amount of money described in Subsection (5)(d)(ii) to the fund.

Amended by Chapter 105, 2025 General Session

Part 2
Agricultural Water Optimization

73-10g-201 Title.
          This part is known as “Agricultural Water Optimization.”

Enacted by Chapter 143, 2018 General Session

73-10g-203.5 Definitions.
          As used in this part:
(1)”Account” means the Agricultural Water Optimization Account created in Section 73-10g-204.
(2)”Agricultural water optimization” means the implementation of agricultural and water management practices that maintain viable agriculture without increasing water depletion to enhance water availability and minimize impacts on water supply, water quality, and the environment.
(3)”Change application” means an application filed under Section 73-3-3.
(4)”Committee” means the Agricultural Water Optimization Committee created in Section 73-10g-205.
(5)”Conservation commission” means the conservation commission created in Section 4-18-104.
(6)”Department” means the Department of Agriculture and Food.
(7)”Funding application” means an application filed under Section 73-10g-206.
(8)”Saved water” means the same as that term is defined in Section 73-3-3.

Amended by Chapter 233, 2024 General Session

73-10g-204 Agricultural Water Optimization Account.
(1)There is created a restricted account within the General Fund called the “Agricultural Water Optimization Account.”
(2)The account consists of:
(a)appropriations from the Legislature;
(b)federal funds; and
(c)grants or donations from other public or private sources.
(3)Subject to appropriation, the conservation commission may use money in the account to:
(a)issue grants in accordance with Section 73-10g-206 to improve agricultural water optimization; and
(b)fund research approved by the committee under Subsection 73-10g-205(7).
(4)Until December 31, 2024, the department may loan up to $3,000,000 of General Fund money in the account to the Agriculture Resource Development Fund, subject to the conditions described in Section 4-18-106.
(5)
(a)The department shall maintain the account and record the debits and credits made to the account by the department.
(b)The Office of the Treasurer shall deposit interest and other earnings derived from investment of money in the account into the account.
(6)The department and the Department of Natural Resources may use money in the account for the administration of this part, except that the aggregate amount expended under this Subsection (6) may not exceed 1.5% of the money appropriated to the grant program described in Section 73-10g-206.

Amended by Chapter 99, 2025 General Session

73-10g-205 Agricultural Water Optimization Committee.
(1)There is created in the department a committee known as the “Agricultural Water Optimization Committee” that consists of:
(a)the commissioner of the department, or the commissioner’s designee;
(b)the director of the division, or the director’s designee;
(c)the director of the Division of Water Rights, or the director’s designee;
(d)the dean of the College of Agriculture and Applied Science from Utah State University, or the dean’s designee;
(e)one individual representing local conservation districts created by Title 17D, Chapter 3, Conservation District Act, appointed by the executive director of the Department of Natural Resources;
(f)one individual representing water conservancy districts, appointed by the executive director of the Department of Natural Resources; and
(g)three Utah residents representing the interests of the agriculture industry appointed by the executive director of the Department of Natural Resources.
(2)
(a)An individual appointed under Subsection (1) shall serve for a term of four years.
(b)Notwithstanding the requirements of Subsection (2)(a), the executive director of the Department of Natural Resources shall, at the time of appointment or reappointment, adjust the length of terms to ensure that the terms of appointed members are staggered so that approximately half of the appointed members are appointed every two years.
(3)
(a)The presence of five members constitutes a quorum.
(b)The vote of five members constitutes the transaction of business by the committee.
(c)The committee shall select one of the committee’s members to be chair. The committee may select a member to be vice chair to act in place of the chair:
(i)during the absence or disability of the chair; or
(ii)as requested by the chair.
(d)The committee shall convene at the times and places prescribed by the chair.
(4)A member may not receive compensation or benefits for the member’s service, but may receive per diem and travel expenses in accordance with:
(a)Section 63A-3-106;
(b)Section 63A-3-107; and
(c)rules made by the Division of Finance pursuant to Sections 63A-3-106 and 63A-3-107.
(5)The department shall provide administrative support to the committee.
(6)The committee shall make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, establishing:
(a)eligibility requirements for a grant issued under Section 73-10g-206, except that the eligibility requirements shall:
(i)require at least a match for grant money of 50% of the total costs, except that for a grant application filed on or after January 1, 2024, the eligibility requirements shall require at least a match of 25% of the total costs for:
(A)a subsurface drip irrigation project;
(B)an automated surge irrigation project; or
(C)a measurement, telemetry, or reporting project;
(ii)consider the statewide need to distribute grant money;
(iii)require a grant recipient to construct or install and maintain one or more measuring devices as necessary to comply with Section 73-5-4 and rules adopted by the Division of Water Rights regarding installation, use, and maintenance of devices to measure water use and to demonstrate water use in accordance with a project funded by a grant; and
(iv)require a grant recipient to report water diversion and use measurements to the state engineer pursuant to Section 73-5-4 and rules made by the state engineer, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, for water measurement and reporting;
(b)the process for applying for a grant issued under Section 73-10g-206; and
(c)preliminary screening criteria to be used by the department under Subsection 73-10g-206(2)(d).
(7)The committee shall, in coordination with the division:
(a)as of July 1, 2023, assume oversight of all remaining research and contracts of the previous Agricultural Water Optimization Task Force activities;
(b)post research to address and account for farm economics at the enterprise and community level that affects agricultural water optimization and encourage market behavior that financially rewards agricultural water optimization practices;
(c)oversee research to identify obstacles to and constraints upon optimization of agricultural water use, and to recommend management tools, technologies, and other opportunities to optimize agricultural water use as measured at the basin level;
(d)use money in the account to fund research approved by the committee that:
(i)is described in Subsection (7)(b) or (c); or
(ii)establishes methods for measuring saved water or the effectiveness of the agricultural water optimization funding programs established by this part; and
(e)facilitate benefits for farmers who optimize water use and protect water quality.
(8)The committee shall comply with Section 73-10g-206 related to grants issued under this part.

Amended by Chapter 91, 2025 General Session
Amended by Chapter 99, 2025 General Session

73-10g-206 Agricultural water optimization grants -- Demonstration of water savings.
(1)The conservation commission may issue a grant described in Subsection 73-10g-204(3) in accordance with the procedures in this section.
(2)
(a)The committee shall establish funding application periods during which a person may apply for a grant under this part.
(b)During a funding application period, a person may file a funding application with the department for preliminary screening of eligibility to receive a grant under this part, including requisite water savings.
(c)The department shall screen the funding applications for eligibility.
(d)If the department determines that an applicant meets eligibility requirements and proposes water savings, the department shall provide the applicant preliminary approval.
(e)After receiving preliminary approval under Subsection (2)(d), the applicant shall engage in a pre-filing consultation with the Division of Water Rights under Subsection 73-3-3(2) to determine whether a change application is required to accomplish the project proposed in the funding application or to quantify saved water .
(f)Once the Division of Water Rights determines whether the person is required to file a change application, the person may complete the funding application process and file the completed funding application with the committee.
(g)The committee shall review completed funding applications to rank the funding applications and recommend to the conservation commission which applicants should receive a grant under this part for the relevant funding application period.
(h)The conservation commission may issue a grant under this section only after receipt of the recommendations of the committee.
(3)If the conservation commission issues a grant under this part, before the grant recipient may receive the grant money, the grant recipient shall:
(a)enter into a contract with the department that includes:
(i)the expectations for the grant recipient;
(ii)the life expectancy of a project;
(iii)the process of certifying completion; and
(iv)design requirements;
(b)file any needed change application and obtain a final order from the state engineer approving the change application, including any judicial review of the state engineer’s order; and
(c)demonstrate how the grant recipient shall comply with the requirements of the final order approving the related change application.
(4)A grant recipient shall comply with the monitoring and reporting requirements under the contract described in Subsection (3).
(5)The department shall:
(a)monitor the grant related activities of a grant recipient;
(b)certify a project funded by a grant once the project is complete;
(c)determine whether there are funding sources other than the account to fund the grant; and
(d)provide information needed by the division or the Division of Water Rights to fulfill the division’s or the Division of Water Rights’ statutory duties, including those designated in this chapter.
(6)The department may:
(a)conduct outreach campaigns related to the grant program, including the program’s purpose and expectations for grant recipients;
(b)solicit funding applications and assist persons in applying for a grant under this part;
(c)assist grant recipients in developing a project; and
(d)coordinate with federal agencies and the division for evaluation of funding applications and for assistance with implementing projects for which funding has been provided under this part.
(7)Grant money may be used by the department or a grant recipient for the hiring of third-party consultants as appropriate to complete a project funded by grant money.
(8)The division, upon request from the committee, may assist with evaluation of funding applications and implementation of projects funded under this part.

Amended by Chapter 233, 2024 General Session

73-10g-207 Division public information and reporting.
(1) The division shall, in coordination with the department and the Division of Water Rights, annually compile and publish a report on:
(a) completed projects;
(b) saved water made available from agricultural water optimization projects; and
(c) the effectiveness of the agricultural water optimization funding programs established by this part.
(2) On or before November 30 of each year, the committee, division, and the Division of Water Rights shall jointly present the annual report to:
(a) the Legislative Water Development Commission;
(b) the Natural Resources, Agriculture, and Environment Interim Committee;
(c) the Utah Water Task Force within the Department of Natural Resources; and
(d) the Utah Watersheds Council.
(3) The division shall publish reports from research described in Subsection 73-10g-205(7).

Enacted by Chapter 261, 2023 General Session

Part 3
Watershed Councils Act

73-10g-301  Implementation of part.
This part shall be liberally construed to:
(1)provide input to the Water Development Coordinating Council regarding infrastructure planning on a watershed and state level in accordance with Part 6, Planning and Prioritization;
(2)develop diverse and balanced stakeholder forums for discussion of water policy and resource issues at watershed and state levels that are not vested with regulatory, infrastructure financing, or enforcement powers or responsibilities; and
(3)use local expertise and resources found in universities and other research institutions or in regional, state, and federal agencies.

Amended by Chapter 335, 2024 General Session

73-10g-302 Definitions.
          As used in this part:
(1)”Council” means the state council or a local council created under this part.
(2)”Local council” means a local council created in accordance with Section 73-10g-306.
(3)”State council” means the Utah Watersheds Council created in Section 73-10g-304.
(4)”Utah Water Task Force” means a task force created by the Department of Natural Resources to review and make recommendations regarding water issues.

Amended by Chapter 335, 2024 General Session

73-10g-303 Watersheds.
          For the purposes of this part, the state is divided into the following watersheds, corresponding to those found on hydrologic basin maps maintained by the division:
(1) the Bear River Watershed, comprised of the portions of Box Elder, Cache, Rich, and Summit counties that drain into the Bear River or Great Salt Lake;
(2) the Weber River Watershed, comprised of the portions of Weber, Davis, Morgan, and Summit counties that drain into the Weber River or Great Salt Lake;
(3) the Jordan River Watershed, comprised of the portions of Salt Lake and Utah counties that drain into the Jordan River or Great Salt Lake;
(4) the Utah Lake Watershed, comprised of the portions of Utah, Wasatch, Juab, and Summit counties that drain into Utah Lake;
(5) the West Desert Watershed, comprised of the portions of Box Elder, Tooele, Juab, Millard, Beaver, and Iron counties that drain into Great Salt Lake or have no outlet, as well as the portion of Box Elder County that drains into the Columbia River watershed;
(6) the Sevier River Watershed, comprised of the portions of Kane, Garfield, Wayne, Piute, Emery, Sevier, Sanpete, Carbon, Utah, Juab, Tooele, Millard, and Beaver counties that drain into the Sevier River;
(7) the Cedar-Beaver Watershed, comprised of the portions of Washington, Iron, Beaver, Garfield, Piute, and Millard counties that historically drained into Sevier Lake;
(8) the Uintah Watershed, comprised of the portions of Daggett, Summit, Duchesne, Uintah, Wasatch, Carbon, Grand, and Emery counties that drain into the Green and Colorado rivers;
(9) the West Colorado River Watershed, comprised of the portions of Duchesne, Wasatch, Carbon, Sanpete, Sevier, Emery, Grand, Wayne, San Juan, Garfield, and Kane counties that drain into the Colorado River;
(10) the Southeast Colorado River Watershed, comprised of the portions of Grand, Wayne, San Juan, and Garfield counties that drain into the San Juan and Colorado rivers;
(11) the Kanab Creek-Virgin River Watershed, comprised of the portions of Iron, Washington, and Kane counties that drain into the Colorado River; and
(12) the Great Salt Lake Watershed, comprised of the West Desert, Bear River, Weber River, Jordan River, and Utah Lake watersheds.

Enacted by Chapter 309, 2020 General Session

73-10g-304 Utah Watersheds Council -- Creation and governance.
(1)Within the Department of Natural Resources, there is created the “Utah Watersheds Council” consisting of the following members who are residents of the state:
(a)the executive director of the Department of Natural Resources;
(b)the executive director of the Department of Environmental Quality;
(c)the commissioner of the Department of Agriculture and Food;
(d)the director of the Utah Division of Indian Affairs;
(e)the Utah State University Extension vice president;
(f)the director of the Division of Emergency Management within the Department of Public Safety;
(g)a representative designated by the Utah Association of Counties;
(h)a representative designated by the Utah League of Cities and Towns;
(i)a representative designated by the Utah Association of Special Districts;
(j)a representative of reclamation projects located in the state selected by the governor from a list of three persons nominated jointly by the local sponsors of reclamation projects located in the state and the executive director of the Department of Natural Resources;
(k)a representative of agricultural interests selected by the governor from a list of three persons nominated jointly by the commissioner of the Department of Agriculture and Food, the president of the Utah Farm Bureau, and the Utah State University Extension vice president;
(l)a representative of environmental conservation interests selected by the governor from a list of three persons nominated jointly by the executive directors of the Department of Environmental Quality and Department of Natural Resources;
(m)a representative of business and industry water interests selected by the governor from a list of three individuals nominated jointly by the Utah Manufacturers Association, Utah Mining Association, and Utah Petroleum Association;
(n)an attorney who is authorized to practice law in the state, who has recognized expertise in water law, and is selected by the governor from a list of three individuals nominated jointly by the executive director of the Department of Natural Resources, the executive director of the Department of Environmental Quality, and the commissioner of the Department of Agriculture and Food;
(o)the state engineer, as a nonvoting member;
(p)the director of the division, as a nonvoting member; and
(q)the designated individual selected by a local council certified under Section 73-10g-306.
(2)
(a)The state council shall:
(i)organize the state council as provided in this part;
(ii)select a chair and at least one vice-chair from among the members of the state council to have powers and duties provided in the organizing documents adopted by the state council; and
(iii)adopt policies to govern the state council’s activities, including policies for the creation of subcommittees that may be less than a quorum of the state council and may include persons of suitable expertise who are not state council members.
(b)The state council shall make the organizing documents and policies created under Subsection (2)(a) available:
(i)to the public;
(ii)at each meeting of the state council; and
(iii)on a public website maintained by the division for council business.
(3)The state council may invite federal agencies to name representatives as liaisons to the state council.
(4)The state council shall stagger the initial terms of the state council members listed in Subsections (1)(g) through (n), after which members will be replaced according to policies adopted by the state council.
(5)After the state council’s initial organization, the state council may hold regular and special meetings at such locations within the state and on a schedule as the state council determines, provided that the state council shall meet at least semi-annually.
(6)A majority of the voting members of the state council constitutes a quorum.
(7)The action of the majority of the voting members of the state council constitutes the action of the state council.
(8)
(a)The state council policies may allow that a properly authorized representative of a voting member of the state council may act in the place of that voting member if the voting member is absent or unable to act.
(b)The state council shall enter in the record of a meeting proper documentation of a representative’s authority to act on behalf of the voting member under this Subsection (8).
(c)Authorization to act on behalf of a voting member may be given for more than one meeting.
(d)Authorization to act on behalf of a voting member shall comply with the policies adopted by the state council.
(9)
(a)The division shall staff the state council.
(b)The division may make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to facilitate the creation and operation of the state council.

Amended by Chapter 335, 2024 General Session

73-10g-305 Role of the state council -- Reporting.
(1)The state council shall:
(a)serve as a forum to encourage and facilitate discussion and collaboration by and among the stakeholders relative to the water-related interests of the state and the state’s people and institutions;
(b)facilitate communication and coordination between the Department of Natural Resources, the Department of Agriculture and Food, the Department of Environmental Quality, and other state and federal agencies in the administration and implementation of water-related activities;
(c)facilitate the establishment of local councils by certifying a local council:
(i)for the watersheds defined in Section 73-10g-303; and
(ii)after reviewing the proceedings and documents submitted by proposed local councils, to ensure that the local council meets the certification requirements in Section 73-10g-306;
(d)provide resources and support for the administration of local councils;
(e)consult and seek guidance from local councils;
(f)advise the Water Development Coordinating Council regarding a unified water infrastructure plan in accordance with Section 73-10g-602; and
(g)provide advice to the governor and Legislature on water issues.
(2)The state council shall provide updates on the state council’s activities annually, or as invited, to:
(a)the Natural Resources, Agriculture, and Environment Interim Committee;
(b)the Legislative Water Development Commission; and
(c)the Utah Water Task Force.

Amended by Chapter 335, 2024 General Session

73-10g-306 Local  councils -- Creation.
(1)A proposed local council may be certified by the Utah Watersheds Council under Subsection 73-10g-305(1)(c) if:
(a)the organizing documents and policies of the proposed local council:
(i)provide for an open and equitable system of governance;
(ii)encourage participation by a water user or group of water users, other watershed groups, mutual irrigation companies, distribution system committees, and other stakeholders within the watershed; and
(iii)require that:
(A)a majority of the members of the local council constitutes a quorum; and
(B)an action of the local council be approved by no less than a majority of the members of the local council;
(b)in a balance appropriate for the watershed, the proposed local council membership includes watershed stakeholders who reside or work within the watershed or own or control the right to divert or use water within the watershed and is representative, where feasible, of at least these interests:
(i)agriculture;
(ii)industry;
(iii)Indian tribes;
(iv)public water suppliers, as defined in Section 73-1-4;
(v)water planning and research institutions;
(vi)water quality;
(vii)fish and wildlife;
(viii)water dependent habitat and environments;
(ix)watershed management, such as distribution system committees functioning within the watershed;
(x)mutual irrigation companies;
(xi)land use planning agencies; and
(xii)local sponsors of Bureau of Reclamation projects;
(c)for each of the five watersheds that drain into Great Salt Lake, the proposed local council includes a person designated by the Great Salt Lake local watershed council, if the Great Salt Lake local council is certified; and
(d)for the Great Salt Lake watershed, the proposed local council includes a person designated by each of the five watersheds that drain into Great Salt Lake that has a certified local watershed council.
(2)A local council may invite state and federal agencies to name representatives as liaisons to the local council.

Amended by Chapter 335, 2024 General Session

73-10g-307 Local watershed councils -- Roles and governance.
(1) A local council shall provide a forum to encourage and facilitate discussion of and collaboration on local watershed issues.
(2) A local council shall:
(a) select the local council’s representative to the state council;
(b) hold meetings at times and locations as the local council determines; and
(c) make the local council’s policies available to the public:
(i) at each meeting of the local council; and
(ii) on a public website maintained by the division for council business.

Enacted by Chapter 309, 2020 General Session

73-10g-308 Conditions applicable to all watershed councils.
(1) A council:
(a) is a public body as defined in Section 52-4-103 and shall comply with Title 52, Chapter 4, Open and Public Meetings Act; and
(b) shall comply with Title 63G, Chapter 2, Government Records Access and Management Act.
(2) A member of a council may not receive compensation or benefits for the member’s service, but may receive per diem and travel expenses in accordance with:
(a) Section 63A-3-106;
(b) Section 63A-3-107; and
(c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and 63A-3-107.
(3) Creation of the state council or a local council does not:
(a) supersede, usurp, or replace any other watershed oriented organization within the relevant watershed unless otherwise agreed upon by the watershed oriented organization; or
(b) create a stakeholder for purposes of compliance with any state or federal law, including the National Environmental Policy Act, 42 U.S.C. Sec. 4321 et seq.
(4) A council does not have separate or inherent adjudicative, regulatory, infrastructure development, infrastructure financing, enforcement, or other powers or responsibilities beyond those stated in this part.

Enacted by Chapter 309, 2020 General Session

73-10g-309 Review of Watershed Councils Act.
(1) The Natural Resources, Agriculture, and Environment Interim Committee shall direct a review of this part, which shall begin no later than October 1, 2024, and end before September 30, 2025.
(2) The state council shall clearly identify for the Natural Resources, Agriculture, and Environment Interim Committee the public purposes and interests for which the councils were originally created and whether those public purposes and interests are still relevant and are being adequately addressed through the councils.
(3) The Natural Resources, Agriculture, and Environment Interim Committee shall consider the extent to which the councils have operated in the public interest and served as valuable forums for water-related discussions among stakeholders.
(4) The interim committee shall submit a report of its recommendations, including proposed legislation and recommendations concerning the part to the Legislature before January 1, 2026.

Enacted by Chapter 309, 2020 General Session

Part 4
Great Salt Lake Watershed Integrated Water Assessment

73-10g-401 Definitions.
          As used in this part:
(1) “Great Salt Lake watershed” means the area comprised of the Great Salt Lake, the Bear River watershed, the Jordan River watershed, the Utah Lake watershed, the Weber River watershed, and the West Desert watershed.
(2) “Integrated water assessment” means an integrated surface and ground water assessment for the Great Salt Lake watershed developed under Section 73-10g-402.
(3) “Work plan” means the plan developed under Section 73-10g-403 to develop and implement an integrated water assessment.

Enacted by Chapter 81, 2022 General Session

73-10g-402 Development of an integrated water assessment.
(1) The division shall develop and implement an integrated surface and ground water assessment for the Great Salt Lake watershed.
(2) The integrated water assessment may in relationship with the Great Salt Lake watershed:
(a) provide an assessment of the amounts and quality of available water resources;
(b) assess and forecast the quantity of water available for human, agricultural, economic development, and environmental or instream uses, and ecological needs, including:
(i) current and future water supply and demand and the factors that influence availability;
(ii) long-term trends in water availability and the causes of those trends; and
(iii) seasonal and decadal forecasts of availability;
(c) investigate the potential benefits of forest management and watershed restoration in:
(i) improving snowpack retention;
(ii) increasing soil moisture;
(iii) sustaining river flows in low flow seasons;
(iv) mitigating wildfire risk; and
(v) improving water quality;
(d) coordinate an effort to:
(i) quantify the amount of water and water quality needed to sustain high priority ecological sites in rivers, riparian, wetland, and lake systems; and
(ii) incorporate the water demand into the water supply and demand model;
(e) identify and evaluate best management practices that may be used to provide a reliable water supply that:
(i) meet water quality objectives;
(ii) meet agriculture water objectives;
(iii) accommodate anticipated growth and economic development; and
(iv) provide adequate flow to sustain the Great Salt Lake, the Great Salt Lake’s wetlands, and other ecological functions in the Great Salt Lake’s watershed;
(f) investigate the potential impacts of water reuse projects on the Great Salt Lake; and
(g) address other matters identified in the work plan.
(3) The integrated water assessment shall include a water budget for the Great Salt Lake and the Great Salt Lake’s associated wetlands, including water flows needed to maintain different lake levels under different scenarios, taking into consideration water quality, ecological needs, economic benefits, and public health benefits of the Great Salt Lake.
(4) In developing and implementing the integrated water assessment, the division shall:
(a) consult and coordinate with other state, local, regional, and federal governmental entities, water users, and other stakeholders; and
(b) coordinate with, and where appropriate, consider or incorporate other planning efforts, assessments, studies, or reports relevant to the Great Salt Lake watershed.

Amended by Chapter 176, 2023 General Session

73-10g-403 Work plan.
(1)
(a) By no later than November 30, 2023, and before developing the integrated water assessment under Section 73-10g-402, the division shall create a plan for developing and implementing the integrated water assessment.
(b) In creating the work plan, the division shall consult with the entities described in Subsection 73-10g-402(4)(a).
(2) The work plan shall include in relationship to the Great Salt Lake watershed:
(a) a synthesis of available information, literature, and data, and an assessment of scientific, technical, measurement, and other informational needs, relating to:
(i) water quantity, water quality, water use, and water demand;
(ii) improving quantification and quality of data for:
(A) surface and groundwater water diversions;
(B) depletions; and
(C) return flow;
(iii) developing, downscaling, or otherwise updating models and assessment tools to improve understanding of water supply, water use, and water availability;
(iv) understanding changing watershed conditions, including changes in climate, evapotranspiration, and other water supply vulnerabilities; and
(v) other matters as the division determines to be appropriate; and
(b) a description of how the work plan shall be implemented to address the needs described in Subsection (2)(a), including:
(i) prioritize proposed activities, such as monitoring data infrastructure needs, studies, analyses, and development of tools necessary to implement the integrated water assessment;
(ii) an implementation schedule, with completion of an integrated water assessment by no later than November 30, 2026;
(iii) recommendations and a cost assessment for the implementation of the work plan;
(iv) public engagement process;
(v) an agreed approach to facilitate integrated watershed management and coordination across local, state, and federal agencies; and
(vi) other matters as the division determines to be appropriate.

Enacted by Chapter 81, 2022 General Session

73-10g-404 Completion of integrated water assessment -- Reporting and publishing.
(1) The division shall complete the integrated water assessment by no later than November 30, 2026.
(2)
(a) The division shall report at least annually on the progress and findings from the integrated water assessment to:
(i) the Natural Resources, Agriculture, and Environment Interim Committee;
(ii) the Legislative Water Development Commission; and
(iii) the Great Salt Lake Advisory Council.
(b) The division shall publish a report provided under Subsection (2)(a) on the division’s website.
(3) The division shall publish a final report on an integrated water assessment by no later than December 31, 2027.

Enacted by Chapter 81, 2022 General Session

73-10g-405 Great Salt Lake related post-construction storm water management.
(1) As used in this section:
(a) “Storm water” means the same as that term is defined in Section 19-5-108.5.
(b) “Storm water permit” means the same as that term is defined in Section 19-5-108.5.
(2)
(a) As part of the integrated water assessment, the division shall study the impact of low impact development best management practices associated with post-construction retention storm water permit requirements on the water budget of the Great Salt Lake.
(b) As part of the study under this section, the division shall:
(i) coordinate with the Division of Water Quality; and
(ii) when appropriate, seek information from the United States Environmental Protection Agency.
(3) Notwithstanding Section 73-10g-404, the division shall complete the study required by this section and issue a final report to the Natural Resources, Agriculture, and Environment Interim Committee by no later than the November 2023 interim meeting of the Natural Resources, Agriculture, and Environment Interim Committee.

Enacted by Chapter 81, 2022 General Session

Part 5
Capital Assets for Water

73-10g-501 Definitions.
          As used in this part:
(1) “Capital asset” means an asset that:
(a) is a significant investment or an essential component necessary to provide water service, including:
(i) a facility;
(ii) infrastructure, whether above or below ground level;
(iii) equipment; or
(iv) a communications network; and
(b) is owned by a water provider.
(2) “Governing body” means:
(a) for a political subdivision, the political subdivision governing body defined in Section 63A-15-102; or
(b) for a private entity, the private entity’s board of directors, managing members, partners, or equivalent body.
(3) “Retail water supplier” means the same as that term is defined in Section 19-4-102.
(4) “Water conservancy district” means the same as that term is defined in Section 73-10-32.
(5) “Water provider” means:
(a) a retail water supplier; or
(b) a water conservancy district.

Enacted by Chapter 66, 2022 General Session

73-10g-502 Capital asset management for a water conservancy district.
(1)As a condition of receiving state or federal financing or grants to be used for an improvement to a capital asset related to water infrastructure, the governing body of a water conservancy district shall commit to adopt a capital asset management plan.
(2)The Board of Water Resources shall make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to establish the elements of a capital asset management plan required under Subsection (1) for a water provider that is a water conservancy district.
(3)A qualified water conservancy district, as defined in Section 17B-2a-1010, is not subject to this section but shall comply with Section 17B-2a-1010.

Amended by Chapter 105, 2025 General Session

73-10g-502.5 Capital asset management and reserve funding analysis for public water systems.
(1)As used in this section:
(a)”Board” means the Drinking Water Board appointed under Section 19-4-103.
(b)”Public water system” means the same as that term is defined in Section 19-4-102.
(c)”Reserve analysis” means a detailed evaluation of a public water system’s reserves, assessing fund balances and projected future needs to ensure sufficient money is set aside to cover repairs, replacements, or restoration of water infrastructure capital assets and operational needs to determine:
(i)the need for a reserve fund to accumulate reserve money; and
(ii)the appropriate amount of money in a reserve fund, as determined by the public water system through recognized financial practices for public water systems, such as updated rate studies, budgeting, asset management, and financing resources.
(2)By no later than July 1, 2028, as a condition of receiving state or federal financing or grants, the governing body of a public water system that is not a water conservancy district shall adopt a capital asset management plan.
(3)In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the Drinking Water Board shall make rules that establish the elements of a capital asset management plan for a public water system that is not a water conservancy district.
(4)By no later than July 1, 2028, as a condition of receiving state or federal financing or grants, the governing body of a public water system shall adopt a capital asset reserve funding plan that includes:
(a)an inventory of the major capital assets identified in a reserve analysis that reasonably require reserve money;
(b)a statement of the condition and probable remaining useful life, as of the date of the reserve analysis, of each capital asset identified under Subsection (4)(a);
(c)an estimate of the cost to renew, replace, or upgrade each capital asset identified under Subsection (4)(a);
(d)an estimate of the total annual contribution to a reserve fund necessary to meet the costs identified in Subsection (4)(c) during a capital asset’s useful life and at the end of a capital asset’s useful life;
(e)an analysis of a reserve fund’s relationship to the setting of water rates, including the setting of rates pursuant to recognized affordability metrics for nondiscretionary indoor water use for health and sanitation; and
(f)a reserve funding plan that:
(i)recommends how the public water system may fund the costs described in Subsection (4)(c), which may include long term financing strategies in addition to cash reserves such as municipal bonding when authorized; and
(ii)does not rely on obtaining grants to fund the reserve fund.
(5)The governing body of a public water system required to adopt a capital asset reserve funding plan under this section shall update the public water system’s capital asset reserve funding plan every five years.
(6)The governing body of a public water system required to adopt a capital asset reserve funding plan under this section shall collect money in accordance with the capital asset reserve funding plan recommendations described in Subsection (4)(f).
(7)In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the Drinking Water Board shall make rules that:
(a)provide a process under which the division may monitor a public water system’s compliance with this section; and
(b)impose administrative penalties similar to the penalties imposed under Section 19-4-109 for failure to comply with this section.

Enacted by Chapter 105, 2025 General Session

73-10g-503 Participation in survey or evaluation.
          A water provider shall participate in regular infrastructure needs surveys or evaluations and shall complete the asset-related sections of a survey or evaluation within the deadline established by the Division of Drinking Water or the Division of Water Resources.

Enacted by Chapter 66, 2022 General Session

Part 6
Planning and Prioritization

73-10g-601 Definitions.
          As used in this part:
(1)”Agency plan” means a water infrastructure plan adopted by a relevant agency.
(2)
(a)”Agricultural water” means water beneficially used in irrigation under a water right in this state for the production of food, fiber, or fuel, or other agricultural purpose.
(b)”Agricultural water” does not include water delivered:
(i)to an end user for human consumption and other domestic uses; or
(ii)through a secondary water connection.
(3)”Executive director” means the executive director of the Department of Natural Resources.
(4)”Relevant agency” means:
(a)the Division of Water Resources;
(b)the Division of Drinking Water; and
(c)the Division of Water Quality.
(5)”Secondary water connection” means the same as that term is defined in Section 73-10-34.
(6)”State council” means the Water Development Coordinating Council created in Sections 73-10c-3 and 79-2-201.
(7)”Utah Watersheds Council” means the Utah Watersheds Council created in Section 73-10g-304.
(8)”Water infrastructure fund money” means money in:
(a)the Water Infrastructure Fund, created by Section 73-10g-107;
(b)the Water Quality Security - Utah Wastewater Loan Program Subaccount, created in Section 73-10c-5;
(c)the Drinking Water Security - Drinking Water Loan Program Subaccount, created in Section 73-10c-5;
(d)the Water Resources Conservation and Development Fund, created in Section 73-10-24; or
(e)another fund or account administered by a relevant agency:
(i)unless use of the money is restricted by federal law; or
(ii)except as provided in Section 73-10g-606.

Amended by Chapter 105, 2025 General Session
Amended by Chapter 124, 2025 General Session

73-10g-602 Unified water infrastructure plan -- Annual reporting.
(1)
(a)The state council shall adopt a unified water infrastructure plan in accordance with this section by no later than March 1, 2026.
(b)The state council shall update the unified water infrastructure plan as needed, but at least every four years.
(c)A relevant agency may request that the state council amend the unified water infrastructure plan.
(2)A unified water infrastructure plan shall:
(a)describe water infrastructure projects:
(i)needed to maintain the reliable supply of safe and clean water within the state; and
(ii)organized in 10-year phases up to at least a 20-year plan;
(b)be consistent with the policies, goals, and recommendations of the state water plan; and
(c)be based primarily on agency plans submitted by the relevant agencies.
(3)Beginning on June 30, 2025, a relevant agency shall:
(a)annually adopt a water infrastructure agency plan that describes and ranks needed water infrastructure projects under the jurisdiction of the relevant agency;
(b)include in the agency plan ranking justifications and descriptions of whether a water infrastructure project is:
(i)ready for construction;
(ii)planning for construction; or
(iii)a future project;
(c)organize an agency plan under this section in 10-year phases up to at least a 20-year plan; and
(d)annually submit the agency plan to the state council by no later than June 30.
(4)Before adopting or amending a unified water infrastructure plan, the state council shall provide a draft of the proposed unified water infrastructure plan to the Utah Watersheds Council and the Utah Watersheds Council may advise the state council concerning the unified water infrastructure plan.
(5)
(a)Beginning September 1, 2024, a relevant agency shall annually prepare a report and submit it to the state council concerning the funds or accounts that the relevant agency administers.
(b)The report required by this Subsection (5) shall provide for the fund or account:
(i)the balance at the beginning of the fiscal year of the report;
(ii)revenues received from any source during the fiscal year;
(iii)the ending balance after the close of the fiscal year; and
(iv)projected revenues and disbursements for the coming fiscal year.
(c)The state council shall compile the reports submitted pursuant to this Subsection (5) by no later than October 1 and distribute the compiled report to:
(i)the governor;
(ii)the Legislative Management Committee;
(iii)the Natural Resources, Agriculture, and Environment Interim Committee;
(iv)the Natural Resources, Agriculture, and Environmental Quality Appropriations Subcommittee; and
(v)the Legislative Water Development Commission.

Amended by Chapter 105, 2025 General Session

73-10g-603 Ranking and prioritizing water infrastructure projects.
(1)The state council, in consultation with the relevant agencies, shall develop a written prioritization process for ranking and prioritizing water infrastructure projects that are or will be funded by water infrastructure fund money beginning with fiscal year 2027. The written prioritization process shall:
(a)identify water infrastructure projects listed in the unified water infrastructure plan described in Section 73-10g-602;
(b)establish a process under which an applicant may apply for funding of a water infrastructure project listed in the unified water infrastructure plan;
(c)provide for the assignment by the state council of a water infrastructure project application to a relevant agency;
(d)provide for a relevant agency to rank the water infrastructure projects assigned to the relevant agency under Subsection (1)(c);
(e)on the basis of the ranking of water infrastructure projects under Subsection (1)(d), establish a process for the state council to prioritize water infrastructure projects; and
(f)establish a process for transferring money from the Water Infrastructure Fund, created in Section 73-10g-107, into a fund or account described in Subsection 73-10g-601(6) to fund water infrastructure projects prioritized by the state council.
(2)The following shall be included in the written prioritization process under Subsection (1):
(a)subject to Subsection (3), categories of the types of water infrastructure projects against which other water infrastructure projects are prioritized, including:
(i)drinking water projects;
(ii)wastewater projects;
(iii)stormwater projects;
(iv)secondary water projects;
(v)dam and reservoir projects;
(vi)off-farm agriculture projects; and
(vii)water reuse projects;
(b)exclusion of the following types of water infrastructure projects:
(i)an emergency water infrastructure project; or
(ii)a small water infrastructure project that receives less than an amount of water infrastructure fund money established by rule made by the state council in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act;
(c)hardship criteria that at a minimum refer to the hardship criteria of the Division of Drinking Water and the Division of Water Quality;
(d)criteria related to the public interest, including conservation and the protection of public health and safety;
(e)criteria to ensure that the project is adequately designed based on sound engineering and geologic considerations;
(f)criteria for ranking or prioritizing a local water infrastructure project based on:
(i)a local water infrastructure plan that is consistent with this section; and
(ii)consultation with local entities about local water infrastructure projects;
(g)criteria for ranking or prioritizing a water infrastructure project when water infrastructure fund money will be used to match federal funding;
(h)a requirement that a person who receives water infrastructure fund money for a water infrastructure project:
(i)engage in long-term planning consistent with Section 73-10g-602; and
(ii)comply with Section 73-10g-605; and
(i)any other provision the state council considers appropriate.
(3)When including categories of types of water infrastructure projects used in the written prioritization process, the state council shall consider:
(a)whether to apply percentages of water infrastructure fund money assigned to each category;
(b)the size and resources of recipients; and
(c)the potential purposes of the different types of water infrastructure projects, such as agricultural, municipal, or industrial uses.
(4)In developing the written prioritization process, the state council shall seek and consider public comment related to developing the written prioritization process by holding public meetings at locations throughout the state in accordance with Title 52, Chapter 4, Open and Public Meetings Act.
(5)
(a)In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the state council shall make rules establishing the written prioritization process under Subsection (1).
(b)The state council shall submit a proposed rule to the Legislative Water Development Commission for review before taking final action on the proposed rule or a proposed amendment to the rule described in this Subsection (5).
(6)In determining priorities and funding levels of water infrastructure projects, the state council shall use the ranked list of water infrastructure projects based on the criteria adopted in the written prioritization process under Subsection (1).
(7)A relevant agency shall annually report to the state council on the status of new water infrastructure projects, including water infrastructure projects that are funded by the Legislature in an appropriation act.
(8)For a fiscal year before fiscal year 2027, a relevant agency shall prioritize water infrastructure projects within the jurisdiction of the relevant agency and not the state council.

Amended by Chapter 105, 2025 General Session

73-10g-604 State council’s general duties related to prioritizing -- Reporting -- Relevant agency actions.
(1)The state council shall:
(a)beginning with fiscal year 2027, determine priorities and funding levels of water infrastructure projects for each fiscal year based on the water infrastructure projects ranked by relevant agencies under Section 73-10g-603;
(b)hold public meetings in accordance with Title 52, Chapter 4, Open and Public Meetings Act, and otherwise provide for public input on funding of water infrastructure projects; and
(c)make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, necessary to perform the state council’s duties related to:
(i)adopting the unified water infrastructure plan;
(ii)adopting a written prioritization process; and
(iii)prioritizing and setting funding levels for water infrastructure projects.
(2)
(a)For water infrastructure projects prioritized with funding provided under this title, the state council shall annually report, by no later than the October interim meeting of the Legislature, to the Legislative Water Development Commission:
(i)a prioritized list of the water infrastructure projects and the funding levels available for those water infrastructure projects; and
(ii)the unfunded water infrastructure projects and maintenance needs within the state.
(b)The Legislative Water Development Commission shall:
(i)review the prioritized list reported by the state council; and
(ii)recommend to the Legislature:
(A)the amount of additional funding to allocate to water infrastructure projects; and
(B)the source of revenue for the additional funding allocation under Subsection (2)(b)(ii)(A).
(3)A relevant agency shall administer money prioritized under this part in a manner consistent with this part.

Amended by Chapter 105, 2025 General Session

73-10g-605 Capital asset management and reserve analysis -- Assistance for person seeking state funds.
(1)As a condition of receiving water infrastructure fund money for a water infrastructure project by a loan or grant, a recipient shall:
(a)conduct a reserve study showing how the recipient shall:
(i)repay the loan if the recipient receives a loan; and
(ii)collect money for repair and replacement of the water infrastructure project;
(b)if the recipient receives a loan, update the reserve study described in Subsection (1)(a) every five years or until the loan is repaid; and
(c)comply with the relevant capital asset management requirements under:
(i)Section 19-5-202 for a water infrastructure project related to wastewater or sewage infrastructure;
(ii)Section 73-10g-502 for a water conservancy district’s, as defined in Section 73-10g-501, water infrastructure project that is not described in Subsection (1)(c)(i); or
(iii)Section 73-10g-502.5, for a public water system, as defined in Section 73-10g-502.5, that is not a water conservancy district.
(2)A reserve study required under this section shall include:
(a)a list of the components identified in the reserve analysis that will reasonably require reserve funds;
(b)a statement of the probable remaining useful life, as of the date of the reserve analysis, of each component identified in the reserve analysis;
(c)an estimate of the cost to repair, replace, or restore each component identified in the reserve analysis;
(d)an estimate of the total annual contribution to a reserve fund necessary to meet the cost to repair, replace, or restore each component identified in the reserve analysis during the component’s useful life and at the end of the component’s useful life; and
(e)a reserve funding plan that recommends how the system may fund the annual contribution described in Subsection (2)(d).
(3)If a person seeking state or federal financing or grants establishes a need to the satisfaction of a relevant agency, the relevant agency may provide the person:
(a)water infrastructure fund money to assist the recipient in complying with the planning, reserve analysis, and capital asset management requirements of this part or Part 5, Capital Assets for Water; or
(b)technical assistance with the planning, reserve analysis, or capital asset management requirements of this part or Part 5, Capital Assets for Water.

Amended by Chapter 105, 2025 General Session

73-10g-606 Scope of part.
This part does not apply to:
(1)the Water Resources Construction Fund created in Section 73-10-8; and
(2)the Water Infrastructure Restricted Account created in Section 73-10g-103.

Enacted by Chapter 105, 2025 General Session

Effective 7/1/2026
73-10g-607 Fee schedule -- Approval of fee schedule -- Exemption -- Report -- Monitoring of fees.
(1)
(a)Subject to Subsection (2), the state council may establish a fee schedule for public water systems for water service and delivery in the state.
(b)To create a fee schedule for public water systems, the state council shall use the findings from the review described in Section 73-10-39.
(2)The state council may not charge or collect a fee described in Subsection (1) without approval of the fee schedule by the Legislature in accordance with Section 63J-1-504.
(3)Agricultural water is exempt from a fee established under Subsection (1).
(4)Subject to Subsection (2), a public water system shall submit payment of the fee established in Subsection (1) into the Water Infrastructure Fund created in Section 73-10g-107:
(a)in accordance with a schedule provided by the state council; and
(b)using a form provided by the state council.
(5)On or before October 31, 2026, the state council shall report to the Natural Resources, Agriculture, and Environment Interim Committee regarding the development of the fee schedule described in Subsection (1).
(6)The Office of the Legislative Fiscal Analyst shall monitor any fees collected under this section.

Enacted by Chapter 124, 2025 General Session

Part 7
Utah Water Agent

73-10g-701 Definitions.
          As used in this part:
(1)”Council” means the Water District Water Development Council created pursuant to Section 11-13-228.
(2)”Division” means the Division of Water Resources.
(3)”State or local entity” means:
(a)a department, division, commission, agency, or other instrumentality of state government; or
(b)a political subdivision or the political subdivision’s instrumentalities.
(4)”Water agent” means the Utah water agent appointed by the governor under Section 73-10g-702.
(5)”Water augmentation project” means a project on interstate waters that increases or impacts the amount of water available in this state.

Amended by Chapter 119, 2025 General Session

73-10g-702 Utah water agent.
(1)
(a)The governor shall appoint, with the advice and consent of the Senate, a resident of this state to be the Utah water agent.
(b)The governor shall consult with the speaker of the House of Representatives and the president of the Senate before appointing the water agent.
(c)The water agent is a state employee.
(d)The governor may appoint an individual who is serving in an executive branch appointed position to be the water agent, and the individual may serve in both positions, except that the governor shall adjust the salary of the water agent to account for salary received for the executive branch appointed position.
(2)The water agent shall serve a term of six years and may be appointed to more than one term, but is subject to removal at the pleasure of the governor.
(3)If there is a vacancy in the position of water agent for any reason, the governor shall appoint a replacement using the same procedure as Subsection (1), including the requirement of the advice and consent of the Senate.
(4)Subject to Subsection (1)(d), the governor shall establish the water agent’s compensation within the salary range fixed by the Legislature in Title 67, Chapter 22, State Officer Compensation.
(5)
(a)Upon appropriation by the Legislature, state money shall be used for the administration of this part, including paying the costs of:
(i)subject to Subsection (5)(b), the water agent’s administrative, office, and staff support; and
(ii)reasonable travel expenses.
(b)The water agent shall use office and staffing support provided under Subsection 11-13-228(2)(e).

Enacted by Chapter 522, 2024 General Session

73-10g-703 Powers and duties of water agent.
(1)
(a)In consultation with the speaker of the House of Representatives, president of the Senate, and governor, the water agent shall explore and negotiate with officials of other states, tribes, and other government entities regarding possible water augmentation projects, including:
(i)for the citizens of Utah, representing the state concerning waters of out-of-state rivers, lakes, and other sources of supply of waters except when representation is otherwise provided in statute;
(ii)identifying potential out-of-state water resources, including land or a facility necessary for the use of the water resources;
(iii)working with the council and division to match the water resources described in Subsection (1)(a)(ii) to needs identified by the council or division;
(iv)establishing a strategy to designate what out-of-state water resources to pursue and how to execute that strategy;
(v)negotiating directly with out-of-state partners to execute the strategy described in Subsection (1)(a)(iv);
(vi)represent the state in interstate conferences between the state and one or more sister states held for the purpose of entering into compacts between such states for the division of the waters of interstate rivers, lakes, or other sources of water supply, and to represent the state upon commissions or other governing bodies provided for by any compacts that have been or may be entered into between the state and one or more sister states, except that a compact is not binding on the state until the compact is ratified and approved by the Legislature and the legislatures of other states that are parties to the compact;
(vii)recommending to the Legislature and to the council actions that may assist in the development of, strategies for, and execution of water augmentation projects; and
(viii)annually reporting findings and recommendations to:
(A)the governor;
(B)the president of the Senate;
(C)the speaker of the House of Representatives;
(D)the Legislative Water Development Commission created in Section 73-27-102;
(E)the Natural Resources, Agriculture, and Environment Interim Committee; and
(F)the Board of Water Resources created in Section 73-10-1.5.
(b)The water agent may recommend to the Board of Water Resources, created in Section 73-10-1.5, a water augmentation project that the water agent negotiates under this section, if the water augmentation project is in the best interest of the people of this state and the state’s water resources.
(2)The water agent shall consult and work with the council, state entities, the Colorado River Authority of Utah, and other bodies established by the state for interstate water negotiations.
(3)Subject to Title 63G, Chapter 2, Government Records Access and Management Act, upon request of the water agent, a state or local entity shall provide to the water agent a document, report, or information available within the state or local entity.
(4)The water agent may negotiate with tribes in accordance with this section.
(5)This chapter may not be interpreted to override, substitute, or modify a water right within the state or the role and authority of the state engineer.
(6)In implementing this part, the water agent shall at least monthly coordinate with and receive input from the relevant divisions within the Department of Natural Resources regarding the water agent’s activities.

Amended by Chapter 93, 2025 General Session

Chapter 11
Consolidation of Water Companies and Conservation Districts

73-11-1 Powers and duties of School and Institutional Trust Lands Administration -- Consolidation -- Purpose.
(1) The School and Institutional Trust Lands Administration of the state is hereby authorized to merge and consolidate the properties, rights, privileges, and franchises acquired by the state  through foreclosures of the mortgage of the Carbon Water Company to the state with the properties, rights, privileges, and franchises of the Price River water conservation district, the Wellington Canal Company, Bryner Plantz Ditch, Bryner Hansen Ditch, Lyn Ditch, Spring Glen Canal, Oberto Ditch, Marchello Ditch, Stowell Canal, Cook Ditch, Price Water Company, Pioneer Ditch Number Two, Allred Ditch, Pioneer Ditch Number One, Carbon Water Company, Tidwell Canal, Snyder Ditch, being all corporations of a similar nature, and others having or owning storage rights in the reservoir of the Price River water conservation district, situated in Carbon and Emery Counties, Utah, pursuant to Title 16, Chapter 10a, Part 11, Merger and Share Exchange,  to the end that greater efficiency in the preservation and distribution of water and greater economy of management may be accomplished, and in order to effect the merger and consolidation the School and Institutional Trust Lands Administration is authorized to join in the execution of proper articles of merger and consolidation, providing all of the other constituent parties are duly and regularly authorized to join in the action.
(2) The School and Institutional Trust Lands Administration may take and accept stock of the consolidated corporation of sufficient amount and of proper class in full payment for the properties, rights, privileges, and franchises transferred and conveyed to the consolidated corporation.

Amended by Chapter 299, 1995 General Session

73-11-2 Reserve stock for irrigating trust lands -- Sell or lease excess stock.
          The School and Institutional Trust Lands Administration shall have power, and it shall be its duty:
(1) in the event the merger and consolidation is effected, to reserve and hold an amount of the capital stock of the consolidated corporation as will supply a water right for all lands owned by the state and capable of irrigation from the canals, ditches, or distribution system of the consolidated corporation; and
(2) to sell or lease all excess stock upon such terms as it may consider best to persons owning land capable of being irrigated from the canals, ditches, or distributing system of the consolidated corporation.

Amended by Chapter 299, 1995 General Session

73-11-3 Disposition of proceeds.
          The money derived from the sale or lease of such excess stock shall go to the reservoir land grant fund until the principal of the loan or loans made to the Carbon Water Company, or its predecessors, the interest thereon, and advances made by the state in connection therewith, are fully paid, and thereafter the money derived from the sale or lease of said stock go to the state school fund.

No Change Since 1953

73-11-4 School and Institutional Trust Lands Administration to vote stock of consolidated district.
          In the event it is necessary for the consolidated corporation to borrow money for consolidation expenses, repairs, improvements, and operation, and to pay the indebtedness of the Price River water conservation district or any of the constituent companies, and to pledge or mortgage all or any part of the assets and properties of the consolidated corporation as security therefor, the School and Institutional Trust Lands Administration is authorized to vote the stock of the state in favor of the action, providing it considers the action to be in the best interest of all the constituent parties.

Amended by Chapter 299, 1995 General Session

Chapter 12a
Colorado River Compact

73-12a-1 Ratification.
          That certain compact and treaty approved by a representative of the United States of America and negotiated and entered into by representatives of the states of Utah, Wyoming, Colorado, New Mexico, Arizona, Nevada and California, sitting as the Colorado River Commission, which compact and treaty apportions the waters of the Colorado river, and which commission was created in conformity with Laws of Utah 1921, Chapter 68, and similar acts of the legislatures of the several respective states named and of the Congress of the United States, is hereby approved, confirmed, and ratified for and by the state of Utah.

Amended by Chapter 250, 2008 General Session

73-12a-2 Text of compact.
          The text of said compact is as follows:
COLORADO RIVER COMPACT
          The states of Arizona, California, Colorado, Nevada, New Mexico, Utah and Wyoming, having resolved to enter into a compact under the Act of the Congress of the United States of America approved August 19, 1921 (42 Statutes at Large, page 171) and the acts of legislatures of the said states, have through their governors appointed as their commissioners:
          W. S. Norviel for the state of Arizona,
          W. F. McClure for the state of California,
          Delph E. Carpenter for the state of Colorado,
          J. G. Scrugham for the state of Nevada,
          Stephen B. Davis, Jr., for the state of New Mexico,
          R. E. Caldwell for the state of Utah,
          Frank C. Emerson for the state of Wyoming,
          who, after negotiations participated in by Herbert Hoover, appointed by the President as the representative of the United States of America, have agreed upon the following articles:
ARTICLE I
          The major purposes of this compact are to provide for the equitable division and apportionment of the use of the waters of the Colorado River System; to establish the relative importance of different beneficial uses of water; to promote interstate comity; to remove causes of present and future controversies; and to secure the expeditious agricultural and industrial development of the Colorado River Basin, the storage of its waters and the protection of life and property from floods. To these ends the Colorado River Basin is divided into two basins, and an apportionment of the use of part of the water of the Colorado River System is made to each of them with the provision that further equitable apportionment may be made.
ARTICLE II
          As used in this compact:
          (a)  The term “Colorado River System” means that portion of the Colorado River and its tributaries within the United States of America.
          (b)  The term “Colorado River Basin” means all of the drainage area of the Colorado River System and all other territory within the United States of America to which the waters of the Colorado River System shall be beneficially applied.
          (c)  The term “States of the Upper Division” means the states of Colorado, New Mexico, Utah and Wyoming.
          (d)  The term “States of the Lower Division” means the states of Arizona, California and Nevada.
          (e)  The term “Lee Ferry” means a point in the main stream of Colorado River one mile below the mouth of the Paria River.
          (f)  The term “Upper Basin” means those parts of the states of Arizona, Colorado, New Mexico, Utah and Wyoming within and from which waters naturally drain into the Colorado River System above Lee Ferry, and also all parts of said states located without the drainage area of the Colorado River System which are now or shall hereafter be beneficially served by waters diverted from the system above Lee Ferry.
          (g)  The term “Lower Basin” means those parts of the states of Arizona, California, Nevada, New Mexico and Utah within and from which waters naturally drain into the Colorado River System below Lee Ferry, and also all parts of said states located without the drainage area of the Colorado River System which are now or shall hereafter be beneficially served by waters diverted from the system below Lee Ferry.
          (h)  The term “domestic use” shall include the use of water for household, stock, municipal, mining, milling, industrial and other like purposes, but shall exclude the generation of electrical power.
ARTICLE III
          (a)  There is hereby apportioned from the Colorado River System in perpetuity to the Upper Basin and to the Lower Basin, respectively, the exclusive beneficial consumptive use of 7,500,000 acre-feet of water per annum, which shall include all water necessary for the supply of any right which may now exist.
          (b)  In addition to the apportionment in paragraph (a), the Lower Basin is hereby given the right to increase its beneficial consumptive use of such waters by one million acre feet per annum.
          (c)  If, as a matter of international comity, the United States of America shall hereafter recognize in the United States of Mexico any right to the use of any water of the Colorado River System, such waters shall be supplied first from the waters which are surplus over and above the aggregate of the quantities specified in paragraphs (a) and (b); and if such surplus shall prove insufficient for this purpose, then, the burden of such deficiency shall be equally borne by the Upper Basin and the Lower Basin, and whenever necessary the states of the Upper Division shall deliver at Lee Ferry water to supply one-half of the deficiency so recognized in addition to that provided in paragraph (d).
          (d)  The states of the Upper Division will not cause the flow of the river at Lee Ferry to be depleted below an aggregate of 75,000,000 acre-feet for any period of ten consecutive years reckoned in continuing progressive series beginning with the first day of October next succeeding the ratification of this compact.
          (e)  The states of the Upper Division shall not withhold water, and the states of the Lower Division shall not require the delivery of water, which cannot reasonably be applied to domestic and agricultural uses.
          (f)  Further equitable apportionment of the beneficial uses of the waters of the Colorado River System unapportioned by paragraphs (a), (b) and (c) may be made in the manner provided in paragraph (g) at any time after October first, 1963, if and when either basin shall have reached its total beneficial consumptive use as set out in paragraphs (a) and (b).
          (g)  In the event of a desire for a further apportionment as provided in paragraph (f) any two signatory states, acting through their governors, may give joint notice of such desire to the governors of the other signatory states and to the President of the United States of America, and it shall be the duty of the governors of the signatory states and of the President of the United States of America forthwith to appoint representatives, whose duty it shall be to divide and apportion equitably between the Upper Basin and Lower Basin the beneficial use of the unapportioned water of the Colorado River System as mentioned in paragraph (f), subject to the legislative ratification of the signatory states and the Congress of the United States of America.
ARTICLE IV
          (a)  Inasmuch as the Colorado River has ceased to be navigable for commerce and the reservation of its waters for navigation would seriously limit the development of its basin, the use of its waters for purposes of navigation shall be subservient to the uses of such waters for domestic, agricultural and power purposes. If the Congress shall not consent to this paragraph, the other provisions of this compact shall nevertheless remain binding.
          (b)  Subject to the provisions of this compact, water of the Colorado River System may be impounded and used for the generation of electrical power, but such impounding and use shall be subservient to the use and consumption of such water for agricultural and domestic purposes and shall not interfere with or prevent use for such dominant purposes.
          (c)  The provisions of this article shall not apply to or interfere with the regulation and control by any state within its boundaries of the appropriation, use and distribution of water.
ARTICLE V
          The chief official of each signatory state charged with the administration of water rights, together with the director of the United States Reclamation Service and the director of the United States Geological Survey shall co-operate, ex officio:
          (a)  To promote the systematic determination and co-ordination of the facts as to flow, appropriation, consumption and use of water in the Colorado River Basin, and the interchange of available information in such matters.
          (b)  To secure the ascertainment and publication of the annual flow of the Colorado River at Lee Ferry.
          (c)  To perform such other duties as may be assigned by mutual consent of the signatories from time to time.
ARTICLE VI
          Should any claim or controversy arise between any two or more of the signatory states: (a) with respect to the waters of the Colorado River System not covered by the terms of this compact; (b) over the meaning or performance of any of the terms of this compact; (c) as to the allocation of the burdens incident to the performance of any article of this compact or the delivery of waters as herein provided; (d) as to the construction or operation of works within the Colorado River Basin to be situated in two or more states, or to be constructed in one state for the benefit of another state; or (e) as to the diversion of water in one state for the benefit of another state; the governors of the states affected, upon the request of one of them, shall forthwith appoint commissioners with power to consider and adjust such claim or controversy, subject to ratification by the legislatures of the states so affected.
          Nothing herein contained shall prevent the adjustment of any such claim or controversy by any present method or by direct future legislative action of the interested states.
ARTICLE VII
          Nothing in this compact shall be construed as affecting the obligations of the United States of America to Indian tribes.
ARTICLE VIII
          Present perfected rights to the beneficial use of waters of the Colorado River System are unimpaired by this compact. Whenever storage capacity of 5,000,000 acre-feet shall have been provided on the main Colorado River within or for the benefit of the Lower Basin, then claims of such rights, if any, by appropriators or users of water in the Lower Basin against appropriators or users of water in the Upper Basin shall attach to and be satisfied from water that may be stored not in conflict with Article III.
          All other rights to beneficial use of waters of the Colorado River System shall be satisfied solely from the water apportioned to that basin in which they are situate.
ARTICLE IX
          Nothing in this compact shall be construed to limit or prevent any state from instituting or maintaining any action or proceeding, legal or equitable, for the protection of any right under this compact or the enforcement of any of its provisions.
ARTICLE X
          This compact may be terminated at any time by the unanimous agreement of the signatory states. In the event of such termination all rights established under it shall continue unimpaired.
ARTICLE XI
          This compact shall become binding and obligatory when it shall have been approved by the legislatures of each of the signatory states and by the Congress of the United States. Notice of approval by the legislatures shall be given by the governor of each signatory state to the governors of the other signatory states and to the President of the United States, and the President of the United States is requested to give notice to the governors of the signatory states of approval by the Congress of the United States.
          In Witness Whereof, the commissioners have signed this compact in a single original, which shall be deposited in the archives of the Department of State of the United States of America and of which a duly certified copy shall be forwarded to the governor of each of the signatory states.
          Done at the city of Santa Fe, New Mexico, this twenty-fourth day of November, A.D. one thousand nine hundred and twenty-two.
(s) W. S. Norviel.
(s) W. F. McClure.
(s) Delph E. Carpenter.
(s) J. G. Scrugham.
(s) Stephen B. Davis, Jr.
(s) R. E. Caldwell.
(s) Frank C. Emerson.
          Approved:
          Herbert Hoover.

No Change Since 1953

73-12a-3 Original compact -- Act as ratified.
          The compact and treaty ratified by this act is the original signed by members of the Colorado River Commission, approved by a representative of the United States of America, and deposited in the archives of the Department of State of the United States at Washington, D.C. Any error made in copying the original compact and treaty as in Section 73-12a-2 hereof shall be held not to invalidate this ratification or compact and treaty in any way.

No Change Since 1953

Chapter 13
Upper Colorado River Basin Compact

73-13-9 Ratification of compact.
          The Upper Colorado River Basin Compact entered into at Santa Fe, New Mexico, on October 11, 1948, by the Upper Colorado River Basin States, namely, Arizona, Colorado, New Mexico, Utah and Wyoming, by the representatives of those states, with the approval of the representative of the United States of America, is hereby unconditionally ratified, approved and confirmed for and by the state of Utah.

No Change Since 1953

73-13-10 Text of compact.
          The text of said Compact is as follows:
          The State of Arizona, the State of Colorado, the State of New Mexico, the State of Utah and the State of Wyoming, acting through their Commissioners,
          Charles A. Carson for the State of Arizona,
          Clifford H. Stone for the State of Colorado,
          Fred E. Wilson for the State of New Mexico,
          Edward H. Watson for the State of Utah and
          L. C. Bishop for the State of Wyoming,
          after negotiations participated in by Harry W. Bashore, appointed by the President as the representative of the United States of America, have agreed, subject to the provisions of the Colorado River Compact, to determine the rights and obligation of each signatory state respecting the uses and deliveries of the water of the Upper Basin of the Colorado River, as follows:
ARTICLE I
          (a)  That major purposes of this Compact are to provide for the equitable division and apportionment of the use of the waters of the Colorado River System, the use of which was apportioned in perpetuity to the Upper Basin by the Colorado River Compact; to establish the obligations of each state of the Upper Division with respect to the deliveries of water required to be made at Lee Ferry by the Colorado River Compact; to promote interstate comity; to remove causes of present and future controversies; to secure the expeditious agricultural and industrial development of the Upper Basin, the storage of water and to protect life and property from floods.
          (b)  It is recognized that the Colorado River Compact is in full force and effect and all of the provisions hereof are subject thereto.
ARTICLE II
          As used in this Compact:
          (a)  The term “Colorado River System” means that portion of the Colorado River and its tributaries within the United States of America.
          (b)  The term “Colorado River Basin” means all of the drainage area of the Colorado River System and all other territory within the United States of America to which the waters of the Colorado River System shall be beneficially applied.
          (c)  The term “States of the Upper Division” means the States of Colorado, New Mexico, Utah and Wyoming.
          (d)  The term “States of the Lower Division” means the States of Arizona, California and Nevada.
          (e)  The term “Lee Ferry” means a point in the main stream of the Colorado River one mile below the mouth of the Paria River.
          (f)  The term “Upper Basin” means those parts of the States of Arizona, Colorado, New Mexico, Utah and Wyoming within and from which naturally drain into the Colorado River System above Lee Ferry, and also all parts of said States located without the drainage area of the Colorado River System which are now or shall hereafter be beneficially served by waters diverted from the Colorado River System above Lee Ferry.
          (g)  The term “Lower Basin” means those parts of the States of Arizona, California, Nevada, New Mexico and Utah within and from which waters naturally drain into the Colorado River System below Lee Ferry, and also all parts of said States located without the drainage area of the Colorado River System which are now or shall hereafter be beneficially served by waters diverted from the Colorado River System below Lee Ferry.
          (h)  The term “Colorado River Compact” means the agreement concerning the apportionment of the use of the waters of the Colorado River System dated November 24, 1922, executed by Commissioners for the States of Arizona, California, Colorado, Nevada, New Mexico, Utah and Wyoming, approved by Herbert Hoover, representative of the United States of America, and proclaimed effective by the president of the United States of America, June 25, 1929.
          (i)  The term “Upper Colorado River System” means that portion of the Colorado River System above Lee Ferry.
          (j)  The term “Commission” means the administrative agency created by Article VIII of this Compact.
          (k)  The term “water year” means that period of twelve months ending September 30 of each year.
          (l)  The term “acre-foot” means the quantity of water required to cover an acre to the depth of one foot and is equivalent to 43,560 cubic feet.
          (m)  The term “domestic use” shall include the use of water for household, stock, municipal, mining, milling, industrial, and other like purposes, but shall exclude the generation of electrical power.
          (n)  The term “virgin flow” means the flow of any stream undepleted by the activities of man.
ARTICLE III
          (a)  Subject to the provisions and limitations contained in the Colorado River Compact and in this Compact there is hereby apportioned from the Upper Colorado River System in perpetuity to the States of Arizona, Colorado, New Mexico, Utah and Wyoming, respectively, the consumptive use of water as follows:
          (1)  To the State of Arizona the consumptive use of 50,000 acre-feet per annum.
          (2)  To the States of Colorado, New Mexico, Utah and Wyoming, respectively the consumptive use per annum of the quantities resulting from the application of the following percentages to the total quantity of consumptive use per annum apportioned in perpetuity to and available for use each year by Upper Basin under the Colorado Compact and remaining after the deduction of the use, not to exceed 50,000 acre-feet per annum, made in the State of Arizona.
          State of Colorado .......................................................................................... 51.75 per cent,
          State of New Mexico ................................................................................... 11.25 per cent,
          State of Utah ................................................................................................. 23.00 per cent,
          State of Wyoming .......................................................................................... 14.00 per cent
          (b)  The apportionment made to the respective States by paragraph (a) of this Article is based upon, and shall be applied in conformity with, the following principles and each of them:
          (1)  The apportionment is of any and all man-made depletions;
          (2)  Beneficial use is the basis, the measure and the limit of the right to use;
          (3)  No State shall exceed its apportioned use in any water year when the effect of such excess use, as determined by the Commission, is to deprive another signatory State of its apportioned use during that water year; provided, that this subparagraph (b)(3) shall not be construed as:
          (i)  Altering the apportionment of use, or obligations to make deliveries as provided in Article XI, XII, XIII, or XIV of this Compact;
          (ii)  Purporting to apportion among the signatory States such uses of water as the Upper Basin may be entitled to under paragraphs (f) and (g) of Article III of the Colorado River Compact; or
          (iii)  Countenancing average uses by any signatory State in excess of its apportionment.
          (4)  The apportionment to each State includes all water necessary for the supply of any rights which now exist.
          (c)  No apportionment is hereby made, or intended to be made, of such uses of water as the Upper Basin may be entitled to under paragraphs (f) and (g) of Article III of the Colorado River Compact.
          (d)  The apportionment made by this Article shall not be taken as any basis for the allocation among the signatory States of any benefits resulting from the generation of power.
ARTICLE IV
          In the event curtailment of use of water by the States of the Upper Division at any time shall become necessary in order that the flow at Lee Ferry shall not be depleted below that required by Article III of the Colorado River Compact, the extent of curtailment by each State of the consumptive use of water apportioned to it by Article III of this Compact shall be in such quantities and at such times as shall be determined by the Commission upon the application of the following principles:
          (a)  The extent and times of curtailment shall be such as to assure full compliance with Article III of the Colorado River Compact;
          (b)  If any State or States of the Upper Division, in the ten years immediately preceding the water year in which curtailment is necessary, shall have consumptively used more water than it was or they were, as the case may be, entitled to use under the apportionment made by Article III of this Compact, such State or States shall be required to supply at Lee Ferry a quantity of water equal to its, or the aggregate of their, overdraft or the proportionate part of such overdraft, as may be necessary to assure compliance with Article III of the Colorado River Compact, before demand is made on any other State of the Upper Division;
          (c)  Except as provided in subparagraph (b) of this Article, the extent of curtailment by each State of the Upper Division of the consumptive use of water apportioned to it by Article III of this Compact shall be such as to result in the delivery at Lee Ferry of a quantity of water which bears the same relation to the total required curtailment of use by the States of the Upper Division as the consumptive use of Upper Colorado River System water which was made by each such State during the water year immediately preceding the year in which the curtailment becomes necessary bears to the total consumptive use of such water in the States of the Upper Division during the same water year; provided, that in determining such relation the uses of water under rights perfected prior to November 24, 1922, shall be excluded.
ARTICLE V
          (a)  All losses of water occurring from or as the result of the storage of water in reservoirs constructed prior to the signing of this Compact shall be charged to the State in which such reservoir or reservoirs are located. Water stored in reservoirs covered by this paragraph (a) shall be for the exclusive use of and shall be charged to the State in which the reservoir or reservoirs are located.
          (b)  All losses of water occurring from or as the result of the storage of water in reservoirs constructed after the signing of this Compact shall be charged as follows:
          (1)  If the Commission finds that the reservoir is used, in whole or in part to assist the States of the Upper Division in meeting their obligations to deliver water at Lee Ferry imposed by Article III of the Colorado River Compact, the Commission shall make findings, which in no event shall be contrary to the laws of the United States of America under which any reservoir is constructed, as to the reservoir capacity allocated for that purpose. The whole or that proportion, as the case may be, of reservoir losses as found by the Commission to be reasonably and properly chargeable to the reservoir or reservoir capacity utilized to assure deliveries at Lee Ferry shall be charged to the States of the Upper Division in the proportion which the consumptive use of water in each State of the Upper Division during the water year in which the charge is made bears to the total consumptive use of water in all States of the Upper Division during the same water year.  Water stored in reservoirs or in reservoir capacity covered by this subparagraph (b)(1) shall be for the common benefit of all of the States of the Upper Division.
          (2)  If the Commission finds that the reservoir is used, in whole or in part, to supply water for use in a State of the Upper Division, the Commission shall make findings, which in no event shall be contrary to the laws of the United States of America under which any reservoir is constructed, as to the reservoir or reservoir capacity utilized to supply water for use and the State in which such water will be used.  The whole or that proportion, as the case may be, of reservoir losses as found by the Commission to be reasonably and properly chargeable to the State in which such water will be used shall be borne by that State.  As determined by the Commission, water stored in reservoirs covered by this subparagraph (b)(2) shall be earmarked for and charged to the State in which the water will be used.
          (c)  In the event the Commission finds that a reservoir site is available both to assure deliveries at Lee Ferry and to store water for consumptive use in a State of the Upper Division, the storage of water for consumptive use shall be given preference. Any reservoir or reservoir capacity hereafter used to assure deliveries at Lee Ferry shall by order of the Commission be used to store water for consumptive use in a State, provided the Commission finds that such storage is reasonably necessary to permit such State to make use of the water apportioned to it by this Compact.
ARTICLE VI
          The Commission shall determine the quantity of the consumptive use of water, which use is apportioned by Article III hereof, for the Upper Basin and for each State of the Upper Basin by the inflow-outflow method in terms of man-made depletions of the virgin flow at Lee Ferry, unless the Commission, by unanimous action, shall adopt a different method of determination.
ARTICLE VII
          The consumptive use of water by the United States of America or any of its agencies, instrumentalities or wards shall be charged as a use by the State in which the use is made; provided, that such consumptive use incident to the diversion, impounding, or conveyance of water in one State for use in another shall be charged to such latter State.
ARTICLE VIII
          (a)  There is hereby created an interstate administrative agency to be known as the “Upper Colorado River Commission.” The commission shall be composed of one Commissioner representing each of the States of the Upper Division, namely, the States of Colorado, New Mexico, Utah and Wyoming, designated or appointed in accordance with the laws of each such State and, if designated by the President, one Commissioner representing the United States of America. The President is hereby requested to designate a Commissioner. If so designated the Commissioner representing the United States of America shall be the presiding officer of the Commission and shall be entitled to the same powers and rights as the Commissioner of any State. Any four members of the Commission shall constitute a quorum.
          (b)  The salaries and personal expenses of each Commissioner shall be paid by the Government which he represents. All other expenses which are incurred by the Commission incident to the administration of this Compact, and which are not paid by the United States of America, shall be borne by the four States according to the percentage of consumptive use apportioned to each. On or before December 1 of each year, the Commission shall adopt and transmit to the Governors of the four States and to the President a budget covering an estimate of its expenses for the following year, and of the amount payable by each state. Each State shall pay the amount due by it to the Commission on or before April 1 of the year following. The payment of the expenses of the Commission and of its employees shall not be subject to the audit and accounting procedures of any of the four States; however, all receipts and disbursement of funds handled by the Commission shall be audited yearly by a qualified independent public accountant and the report of the audit shall be included in and become a part of the annual report of the Commission.
          (c)  The Commission shall appoint a Secretary, who shall not be a member of the Commission, or an employee of any signatory State or of the United States of America while so acting. He shall serve for such term and receive such salary and perform such duties as the Commission may direct. The Commission may employ such engineering, legal, clerical and other personnel as, in its judgment, may be necessary for the performance of its functions under this Compact. In the hiring of employees, the Commission shall not be bound by the civil service laws of any State.
          (d)  The Commission, so far as consistent with this Compact, shall have the power to:
          (1)  Adopt rules and regulations;
          (2)  Locate, establish, construct, abandon, operate and maintain water gaging stations;
          (3)  Make estimates to forecast water run-off on the Colorado River and any of its tributaries;
          (4)  Engage in cooperative studies of water supplies of the Colorado River and its tributaries;
          (5)  Collect, analyze, correlate, preserve and report on data as to the stream flows, storage, diversions and use of the waters of the Colorado River, and any of its tributaries;
          (6)  Make findings as to the quantity of water of the Upper Colorado River System used each year in the Upper Colorado River Basin and in each State thereof;
          (7)  Make findings as to the quantity of water deliveries at Lee Ferry during each water year;
          (8)  Make findings as to the necessity for and the extent of the curtailment of use, required, if any, pursuant to Article IV hereof;
          (9)  Make findings as to the quantity of reservoir losses and as to the share thereof chargeable under Article V hereof to each of the States;
          (10)  Make findings of fact in the event of the occurrence of extraordinary drought or serious accident to the irrigation system in the Upper Basin, whereby deliveries by the Upper Basin of water which it may be required to deliver in order to aid in fulfilling obligations of the United States of America to the United Mexican States arising under the Treaty between the United States of America and the United Mexican States, dated February 3, 1944 (Treaty Series 994) become difficult, and report such findings to the Governors of the Upper Basin States, the President of the United States of America, the United States Section of the International Boundary and Water Commission, and such other Federal officials and agencies as it may deem appropriate to the end that the water allotted to Mexico under Division III of such treaty may be reduced in accordance with the terms of such treaty;
          (11)  Acquire and hold such personal and real property as may be necessary for the performance of its duties hereunder and to dispose of the same when no longer required;
          (12)  Perform all functions required of it by this Compact and do all things necessary, proper or convenient in the performance of its duties hereunder either independently or in cooperation with any state or federal agency;
          (13)  Make and transmit annually to the Governors of the signatory States and the President of the United States of America, with the estimated budget, a report covering the activities of the Commission for the preceding water year.
          (e)  Except as otherwise provided in this Compact the concurrence of four members of the Commission shall be required in any action taken by it.
          (f)  The Commission and its Secretary shall make available to the Governor of each of the signatory States any information within its possession at any time, and shall always provide free access to its records by the Governors of each of the States, or their representatives, or authorized representatives of the United States of America.
          (g)  Findings of fact made by the Commission shall not be conclusive in any court, or before any agency or tribunal, but shall constitute prima facie evidence of the facts found.
          (h)  The organization meeting of the Commission shall be held within four months from the effective date of this Compact.
ARTICLE IX
          (a)  No State shall deny the right of the United States of America and, subject to the conditions hereinafter contained, no State shall deny the right of another signatory State, any person, or entity of any signatory State to acquire rights to the use of water or to construct or participate in the construction and use of diversion works and storage reservoirs with appurtenant works canals and conduits in one State for the purpose of diverting, conveying, storing, regulating and releasing water to satisfy the provisions of the Colorado River Compact relating to the obligation of the States of the Upper Division to make deliveries of water at Lee Ferry or for the purpose of diverting, conveying, storing, or regulating water in an upper signatory State for consumptive use in a lower signatory State, when such use is within the apportionment to such lower State made by this Compact. Such rights shall be subject to the rights of water users in a State in which such reservoirs or works are located, to receive and use water, the use of which is within the apportionment to such State by this Compact.
          (b)  Any signatory State, any person or any entity of any signatory State shall have the right to acquire such property rights as are necessary to the use of water in conformity with this Compact in any other signatory State by donation, purchase or through the exercise of the power of eminent domain. Any signatory State, upon the written request of the Governor of any other signatory State, for the benefit of whose water users property is to be acquired in the State to which such written request is made, shall proceed expeditiously to acquire the desired property either by purchase at a price satisfactory to the requesting States, or, if such purchase cannot be made, then through the exercise of its power of eminent domain and shall convey such property to the requesting State or such entity as may be designated by the requesting State; provided, that all costs of acquisition and expenses of every kind and nature whatsoever incurred in obtaining the requested property shall be paid by the requesting State at the time and in the manner prescribed by the State requested to acquire the property.
          (c)  Should any facility be constructed in a signatory State by and for the benefit of other signatory State or States or the water users thereof, as above provided, the construction, repair, replacement, maintenance and operation of such facility shall be subject to the laws of the State in which the facility is located except that, in the case of a reservoir constructed in one State for the benefit of another State or States, the water administration officials of the State in which the facility is located shall permit the storage and release of any water which, as determined by findings of the Commission, falls within the apportionment of the State or States for whose benefit the facility is constructed.  In the case of a regulating reservoir for the joint benefit of all States in making Lee Ferry deliveries, the water administration officials of the State in which the facility is located, in permitting the storage and release of water, shall comply with the findings and orders of the Commission.
          (d)  In the event property is acquired by a signatory State in another signatory State for the use and benefit of the former, the users of water made available by such facilities, as a condition precedent to the use hereof, shall pay to the political subdivisions of the State in which such works are located, each and every year during which such rights are enjoyed for such purposes, a sum of money equivalent to the average annual amount of taxes levied and assessed against the land and improvements thereon during the ten years preceding the acquisition of such land. Said payments shall be in full reimbursement for the loss of taxes in such political subdivisions of the State, and in lieu of any and all taxes on said property, improvements and rights. The signatory States recommend to the President and the Congress that, in the event the United States of America shall acquire property in one of the signatory States for the benefit of another signatory State, or its water users, provision be made for like payment in reimbursement of loss of taxes.
ARTICLE X
          (a)  The signatory States recognize La Plata River Compact entered into between the States of Colorado and New Mexico, dated November 27, 1922, approved by the Congress on January 29, 1925 (43 Stat. 796), and this Compact shall not affect the apportionment therein made.
          (b)  All consumptive use of water of La Plata River and its tributaries shall be charged under the apportionment of Article III hereof to the State in which the use is made; provided, that consumptive use incident to the diversion, impounding or conveyance of water in one State for use in the other shall be charged to the latter State.
ARTICLE XI
          Subject to the provisions of this Compact, the consumptive use of the water of the Little Snake River and its tributaries is hereby apportioned between the States of Colorado and Wyoming in such quantities as shall result from the application of the following principles and procedures:
          (a)  Water used under rights existing prior to the signing of this Compact.
          (1)  Water diverted from any tributary of the Little Snake River or from the main stem of the Little Snake River above a point one hundred feet below the confluence of Savery Creek and the Little Snake River shall be administered without regard to rights covering the diversion of water from any down-stream points.
          (2)  Water diverted from the main stem of the Little Snake River below a point one hundred feet below the confluence of Savery Creek and the Little Snake River shall be administered on the basis of an interstate priority schedule prepared by the Commission in conformity with priority dates established by the laws of the respective states.
          (b)  Water used under rights initiated subsequent to the signing of this Compact.
          (1)  Direct flow diversions shall be administered so that, in time of shortage the curtailment of use on each acre of land irrigated thereunder shall be as nearly equal as may be possible in both of the States.
          (2)  The storage of water by projects located in either State, whether of supplemental supply or of water used to irrigate land not irrigated at the date of the signing of this Compact, shall be so administered that in times of water shortage the curtailment of storage of water available for each acre of land irrigated thereunder shall be as nearly equal as may be possible in both States.
          (c)  Water uses under the apportionment made by this Article shall be in accordance with the principle that beneficial use shall be the basis, measure and limit of the right to use.
          (d)  The States of Colorado and Wyoming each assent to diversions and storage of water in one State for use in the other State, subject to compliance with Article IX of this Compact.
          (e)  In the event of the importation of water to the Little Snake River Basin from any other river basin, the State making the importation shall have the exclusive use of such imported water unless by written agreement, made by the representatives of the States of Colorado and Wyoming on the Commission, it is otherwise provided.
          (f)  Water use projects initiated after the signing of this Compact, to the greatest extent possible, shall permit the full use within the Basin in the most feasible manner of the waters of the Little Snake River and its tributaries, without regard to the state line; and, so far as is practicable, shall result in an equal division between the States of the use of water not used under rights existing prior to the signing of this Compact.
          (g)  All consumptive use of the waters of the Little Snake River and its tributaries shall be charged under the apportionment of Article III hereof to the State in which the use is made; provided, that consumptive use incident to the diversion, impounding or conveyance of water in one State for use in the other shall be charged to the latter State.
ARTICLE XII
          Subject to the provisions of this Compact, the consumptive use of the waters of Henry’s Fork, a tributary of Green River originating in the State of Utah and flowing into the State of Wyoming and thence into the Green River in the State of Utah; Beaver Creek, originating in the State of Utah and flowing into Henry’s Fork in the State of Wyoming; Burnt Fork, a tributary of Henry’s Fork originating in the State of Utah and flowing into Henry’s Fork in the State of Wyoming; Birch Creek, a tributary of Henry’s Fork originating in the State of Utah and flowing into Henry’s Fork in the State of Wyoming; and Sheep Creek, a tributary of Green River in the State of Utah, and their tributaries, are hereby apportioned between the States of Utah and Wyoming in such quantities as will result from the application of the following principles and procedures:
          (a)  Waters used under rights existing prior to the signing of this Compact.
          Waters diverted from Henry’s Fork, Beaver Creek, Burnt Fork, Birch Creek and their tributaries, shall be administered without regard to the state line on the basis of an interstate priority schedule to be prepared by the States affected and approved by the Commission in conformity with the actual priority of right of use, the water requirements of the land irrigated and the acreage irrigated in connection therewith.
          (b)  Waters used under rights from Henry’s Fork, Beaver Creek, Burnt Fork, Birch Creek and their tributaries, initiated after the signing of this Compact shall be divided fifty per cent to the State of Wyoming and fifty per cent to the State of Utah and each State may use said waters as and where it deems advisable.
          (c)  The State of Wyoming assents to the exclusive use by the State of Utah of the water of Sheep Creek, except that the lands, if any, presently irrigated in the State of Wyoming from the water of Sheep Creek shall be supplied with water from Sheep Creek in order of priority and in such quantities as are in conformity with the laws of the State of Utah.
          (d)  In the event of the importation of water to Henry’s Fork, or any of its tributaries, from any other river basin, the State making the importation shall have the exclusive use of such imported water unless by written agreement made by the representatives of the States of Utah and Wyoming on the Commission, it is otherwise provided.
          (e)  All consumptive use of waters of Henry’s Fork, Beaver Creek, Burnt Fork, Birch Creek, Sheep Creek, and their tributaries shall be charged under the apportionment of Article III hereof to the State in which the use is made; provided that consumptive use incident to the diversion, impounding or conveyance of water in one State for use in the other shall be charged to the latter State.
          (f)  The States of Utah and Wyoming each assent to the diversion and storage of water in one State for use in the other State, subject to compliance with Article IX of this Compact. It shall be the duty of the water administrative officials of the State where the water is stored to release said stored water to the other State upon demand. If either the State of Utah or the State of Wyoming shall construct a reservoir in the other State for use in its own State, the water users of the State in which said facilities are constructed may purchase at cost a portion of the capacity of said reservoir sufficient for the irrigation of their lands thereunder.
          (g)  In order to measure the flow of water diverted, each State shall cause suitable measuring devices to be constructed, maintained and operated at or near the point of diversion into each ditch.
          (h)  The State Engineers of the two States jointly shall appoint a Special Water Commissioner who shall have authority to administer the water in both States in accordance with the terms of this Article. The salary and expenses of such Special Water Commissioner shall be paid, thirty per cent by the State of Utah and seventy per cent by the State of Wyoming.
ARTICLE XIII
          Subject to the provisions of this Compact, the rights to the consumptive use of the water of the Yampa River, a tributary entering the Green River in the State of Colorado, are hereby apportioned between the States of Colorado and Utah in accordance with the following principles:
          (a)  The State of Colorado will not cause the flow of the Yampa River at the Maybell Gaging Station to be depleted below an aggregate of 5,000,000 acre-feet for any period of ten consecutive years reckoned in continuing progressive series beginning with the first day of October next succeeding the ratification and approval of this Compact. In the event any diversion is made from the Yampa River or from tributaries entering the Yampa River above the Maybell Gaging Station for the  benefit of any water use project in the State of Utah, then the gross amount of all such diversions for use in the State of Utah, less any returns from such diversions to the River above Maybell, shall be added to the actual flow at the Maybell Gaging Station to determine the total flow at the Maybell Gaging Station.
          (b)  All consumptive use of the waters of the Yampa River and its tributaries shall be charged under the apportionment of Article III hereof to the State in which the use is made; provided, that consumptive use incident to the diversion, impounding or conveyance of water in one State for use in the other shall be charged to the latter State.
ARTICLE XIV
          Subject to the provisions of this Compact, the consumptive use of the waters of the San Juan River and its tributaries is hereby apportioned between the States of Colorado and New Mexico as follows:
          The state of Colorado agrees to deliver to the State of New Mexico from the San Juan River and its tributaries which rise in the State of Colorado a quantity of water which shall be sufficient, together with water originating in the San Juan Basin in the State of New Mexico, to enable the State of New Mexico to make full use of the water apportioned to the State of New Mexico by Article III of this Compact, subject, however, to the following:
          (a)  A first and prior right shall be recognized as to:
          (1)  All uses of water made in either State at the time of the signing of this Compact; and
          (2)  All uses of water contemplated by projects authorized at the time of signing of this Compact, under the laws of the United States of America whether or not such projects are eventually constructed by the United States of America or by some other entity.
          (b)  The State of Colorado assents to diversions and storage of water in the State of Colorado for use in the State of New Mexico, subject to compliance with Article IX of this Compact.
          (c)  The uses of the waters of the San Juan River and any of its tributaries within either State which are dependent upon a common source of water and which are not covered by (a) hereof, shall in times of water shortages be reduced in such quantity that the resulting consumptive use in each State will bear the same proportionate relation to the consumptive use made in each State during times of average water supply as determined by the Commission; provided, that any preferential uses of water to which Indians are entitled under Article XIX shall be excluded in determining the amount of curtailment to be made under this paragraph.
          (d)  The curtailment of water use by either State in order to make deliveries at Lee Ferry as required by Article IV of this Compact shall be independent of any and all conditions imposed by this Article and shall be made by each State, as and when required, without regard to any provision of this Article.
          (e)  All consumptive use of the waters of the San Juan River and its tributaries shall be charged under the apportionment of Article III hereof to the State in which the use is made; provided, that consumptive use incident to the diversion, impounding or conveyance of water in one State for use in the other shall be charged to the latter State.
ARTICLE XV
          (a)  Subject to the provisions of the Colorado River Compact and of this Compact water of the Upper Colorado River System may be impounded and used for the generation of electrical power, but such impounding and use shall be subservient to the use and consumption of such water for agricultural and domestic purposes and shall not interfere with or prevent use for such dominant purposes.
          (b)  The provisions of this Compact shall not apply to or interfere with the right or power of any signatory State to regulate within its boundaries the appropriation, use and control of water, the consumptive use of which is apportioned and available to such State by this Compact.
ARTICLE XVI
          The failure of any State to use the water, or any part thereof, the use of which is apportioned to it under the terms of this Compact, shall not constitute a relinquishment of the right to such use to the Lower Basin or to any other State, nor shall it constitute a forfeiture or abandonment of the right to such use.
ARTICLE XVII
          The use of any water now or hereafter imported into the natural drainage basin of the Upper Colorado River System shall not be charged to any State under the apportionment of consumptive use made by this Compact.
ARTICLE XVIII
          (a)  The State of Arizona reserves its rights and interests under the Colorado River Compact as a State of the Lower Division and as a State of the Lower Basin.
          (b)  The State of New Mexico and the State of Utah reserve their respective rights and interests under the Colorado River Compact as States of the Lower Basin.
ARTICLE XIX
          Nothing in this Compact shall be construed as:
          (a)  Affecting the obligations of the United States of America to Indian tribes;
          (b)  Affecting the obligations of the United States of America under the Treaty with the United Mexican States (Treaty Series 994);
          (c)  Affecting any rights or powers of the United States of America, its agencies or instrumentalities, in or to the waters of the Upper Colorado River System, or its capacity to acquire rights in and to the use of said waters;
          (d)  Subjecting any property of the United States of America, its agencies or instrumentalities, to taxation by any State or subdivision thereof, or creating any obligation on the part of the United States of America, its agencies or instrumentalities, by reason of the acquisition, construction or operation of any property or works of whatever kind, to make any payment to any State or political subdivision thereof, State agency, municipality or entity whatsoever, in reimbursement for the loss of taxes;
          (e)  Subjecting any property of the United States of America, its agencies or instrumentalities, to the laws of any State to an extent other than the extent to which such laws would apply without regard to this Compact.
ARTICLE XX
          This Compact may be terminated at any time by the unanimous agreement of the signatory States. In the event of such termination, all rights established under it shall continue unimpaired.
ARTICLE XXI
          This Compact shall become binding and obligatory when it shall have been ratified by the legislatures of each of the signatory States and approved by the Congress of the United States of America. Notice of ratification by the legislatures of the signatory States shall be given by the Governor of each signatory State to the Governor of each of the other signatory States and to the President of the United States of America, and the President is hereby requested to give notice to the Governor of each of the signatory States of approval by the Congress of the United States of America.
          IN WITNESS WHEREOF, the Commissioners have executed six counterparts hereof each of which shall be and constitute an original, one of which shall be deposited in the archives of the Department of State of the United States of America, and one of which shall be forwarded to the Governor of each of the signatory States.
          Done at the City of Santa Fe, State of New Mexico, this 11th day of October, 1948.
                    (Signed) Charles A. Carson
                              Commissioner for the State of Arizona
                    (Signed) Clifford H. Stone
                              Commissioner for the State of Colorado
                    (Signed) Fred E. Wilson
                              Commissioner for the State of New Mexico
                    (Signed) Edward H. Watson
                              Commissioner for the State of Utah
                    (Signed) L. C. Bishop
                              Commissioner for the State of Wyoming
                    (Signed) Grover A. Giles, Secretary
Approved:
                              (Signed) Harry W. Bashore
                    Representative of the United States of America

No Change Since 1953

73-13-11 Original compact -- Act as ratifying.
          The Compact ratified by this act is the original signed by the commissioners representing the states of Arizona, Colorado, New Mexico, Utah, and Wyoming, and the secretary of the commission, and approved by the representative of the United States of America, and deposited in the archives of the Department of State of the United States of America, and with the Division of Archives of the state of Utah.

Amended by Chapter 67, 1984 General Session

73-13-12 Errors in copying for Section 73-13-10 -- As invalidating ratification.
          Any error made, if any, in copying the original Compact in Section 73-13-10 hereof, shall be held not to invalidate the ratification of the Compact in any way.

No Change Since 1953

Chapter 15
Modification of Weather

73-15-3 Cloud seeding to increase precipitation -- Control of Division of Water Resources -- Powers and authority of division -- “Cloud seeding” and “cloud-seeding project” defined.
          The state of Utah through the Division of Water Resources shall be the only entity, private or public, that shall have authority to authorize cloud-seeding research, evaluation, or implementation projects to alter precipitation, cloud forms, or meteorological parameters within the state of Utah, except cloud seeding for the suppression of fog; and frost prevention measures for the protection of orchards and crops are excluded from the coverage of this act. The Division of Water Resources shall authorize and may sponsor or develop local or state-wide cloud-seeding projects that conform to over-all state water planning objectives and are determined to be feasible by the Division of Water Resources. The Division of Water Resources may contract with the Utah water research laboratory or any other individual or organization for consultation and/or assistance in developing cloud-seeding projects or in furthering necessary research of cloud seeding or other factors that may be affected by cloud-seeding activities. Cloud seeding as used in this act shall be construed to mean all acts undertaken to artificially distribute or create nuclei in cloud masses for the purposes of altering precipitation, cloud forms, or other meteorological parameters. A cloud-seeding project as used in this act shall be a planned project to evaluate meteorological conditions, perform cloud seeding, and evaluate results.

Amended by Chapter 250, 1979 General Session

73-15-4 Water from cloud seeding part of natural water supply -- Notice of intent prior to cloud-seeding project.
          All water derived as a result of cloud seeding shall be considered a part of the natural water supply of the basin in the same sense as if no cloud seeding operations had been conducted, and any water so derived shall not be subject to new appropriations but shall be administered and distributed to users on the stream system in accordance with existing water rights. A notice of intent shall be filed with the Division of Water Rights prior to the commencement of a cloud-seeding project.

Amended by Chapter 260, 1979 General Session

73-15-5 Transfer of records and data to division -- Establishment of reporting and recordkeeping procedures.
          All records and data collected by the department of meteorology of the state school of mines and mineral industries of the University of Utah since March 14, 1953, shall be transferred to the Division of Water Resources, there to be a permanent record. The Division of Water Resources shall establish forms and/or criteria for reporting data and record keeping and cause that a permanent record is kept of all pertinent data related to cloud-seeding projects, cloud-seeding research projects, or research related to other factors that may be affected by cloud-seeding activities.

Amended by Chapter 21, 1999 General Session

73-15-6 Cloud-seeding contractors -- Registration.
          Any individual or organization that would like to become a cloud-seeding contractor in the state of Utah shall register with the Division of Water Resources. As a part of the registration the applicant shall meet qualifications established by the Division of Water Resources and submit proof of financial responsibility in order to give reasonable assurance of protection to the public in the event it should be established that damages were caused to third parties as a result of negligence in carrying out a cloud-seeding project.

Enacted by Chapter 193, 1973 General Session

73-15-7 Precipitation caused by authorized project not presumed to constitute trespass or nuisance.
          The mere dissemination of materials and substances into the atmosphere or causing precipitation pursuant to an authorized cloud-seeding project shall not give rise to any presumption that such use of the atmosphere or lands constitutes trespass or involves an actionable or enjoinable public or private nuisance.

Enacted by Chapter 193, 1973 General Session

73-15-8 Cloud seeding in Utah to target area in adjoining state.
          Cloud seeding in Utah to target an area in an adjoining state is prohibited except upon full compliance of the laws of the target area state the same as if the cloud-seeding operation took place in the target area state, as well as the other provisions of this act.

Enacted by Chapter 193, 1973 General Session

Chapter 16
Amended Bear River Compact

73-16-1 Ratification.
          The Bear River Compact entered into at Salt Lake City, Utah, on February 4, 1955, by Idaho, Utah and Wyoming, by the representatives of those states, with the approval of the representative of the United States of America, is hereby unconditionally ratified, approved and confirmed for and by the state of Utah.

Enacted by Chapter 161, 1955 General Session

73-16-2 Text of compact.
          The text of the Bear River Compact is as follows:
AMENDED BEAR RIVER COMPACT
          The State of Idaho, the State of Utah and the State of Wyoming, acting through their respective Commissioners after negotiations participated in by a representative of the United States of America appointed by the President, have agreed to an Amended Bear River Compact as follows:
ARTICLE I
          A.  The major purposes of this Compact are to remove the causes of present and future controversy over the distribution and use of the waters of the Bear River; to provide for efficient use of water for multiple purposes; to permit additional development of the water resources of Bear River; to promote interstate comity; and to accomplish an equitable apportionment of the waters of the Bear River among the compacting States.
          B.  The physical and all other conditions peculiar to the Bear River constitute the basis for this Compact. No general principle or precedent with respect to any other interstate stream is intended to be established.
ARTICLE II
          As used in this Compact the term
          1.  “Bear River” means the Bear River and its tributaries from its source in the Uinta Mountains to its mouth in Great Salt Lake;
          2.  “Bear Lake” means Bear Lake and Mud Lake;
          3.  “Upper Division” means the portion of Bear River from its source in the Uinta Mountains to and including Pixley Dam, a diversion dam in the Southeast Quarter of Section 25, Township 23 North, Range 120 West, Sixth Principal Meridian, Wyoming;
          4.  “Central Division” means the portion of Bear River from Pixley Dam to and including Stewart Dam, a diversion dam in Section 34, Township 13 South, Range 44 East, Boise Base and Meridian, Idaho;
          5.  “Lower Division” means the portion of the Bear River between Stewart Dam and Great Salt Lake, including Bear Lake and its tributary drainage;
          6.  “Upper Utah Section Diversions” means the sum of all diversions in second-feet from the Bear River and the tributaries of the Bear River joining the Bear River upstream from the point where the Bear River crosses the Utah-Wyoming State line above Evanston, Wyoming; excluding the diversions by the Hilliard East Fork Canal, Lannon Canal, Lone Mountain Ditch, and Hilliard West Side Canal;
          7.  “Upper Wyoming Section Diversions” means the sum of all diversions in second-feet from the Bear River main stem from the point where the Bear River crosses the Utah-Wyoming State line above Evanston, Wyoming, to the point where the Bear River crosses the Wyoming-Utah State line east of Woodruff, Utah, and including the diversions by the Hilliard East Fork Canal, Lannon Canal, Lone Mountain Ditch, and Hilliard West Side Canal;
          8.  “Lower Utah Section Diversions” means the sum of all diversions in second-feet from the Bear River main stem from the point where the Bear River crosses the Wyoming-Utah State line east of Woodruff, Utah, to the point where the Bear River crosses the Utah-Wyoming State line northeast of Randolph, Utah;
          9.  “Lower Wyoming Section Diversions” means the sum of all diversions in second-feet from the Bear River main stem from the point where the Bear River crosses the Utah-Wyoming State line northeast of Randolph to and including the diversion at Pixley Dam;
          10.  “Commission” means the Bear River Commission, organized pursuant to Article III of this Compact;
          11.  “Water user” means a person, corporation, or other entity having a right to divert water from the Bear River for beneficial use;
          12.  “Second-foot” means a flow of one cubic foot of water per second of time passing a given point;
          13.  “Acre-foot” means the quantity of water required to cover one acre to a depth of one foot, equivalent to 43,560 cubic feet;
          14.  “Biennium” means the 2-year period commencing on October 1 of the first odd-numbered year after the effective date of this Compact and each 2-year period thereafter;
          15.  “Water year” means the period beginning October 1 and ending September 30 of the following year;
          16.  “Direct flow” means all water flowing in a natural watercourse except water released from storage or imported from a source other than the Bear River watershed;
          17.  “Border Gaging Station” means the stream flow gaging station in Idaho on the Bear River above Thomas Fork near the Wyoming-Idaho boundary line in the Northeast Quarter of the Northeast Quarter of Section 15, Township 14 South, Range 46 East, Boise Base and Meridian, Idaho;
          18.  “Smiths Fork” means a Bear River tributary which rises in Lincoln County, Wyoming, and flows in a general southwesterly direction to its confluence with Bear River near Cokeville, Wyoming;
          19.  “Grade Creek” means a Smiths Fork tributary which rises in Lincoln County, Wyoming, and flows in a westerly direction and in its natural channel is tributary to Smiths Fork in Section 17, Township 25 North, Range 118 West, Sixth Principal Meridian, Wyoming;
          20.  “Pine Creek” means a Smiths Fork tributary which rises in Lincoln County, Wyoming, emerging from its mountain canyon in Section 34, Township 25 North, Range 118 West, Sixth Principal Meridian, Wyoming, and its natural channel is tributary to Smiths Fork in Section 36, Township 25 North, Range 119 West, Sixth Principal Meridian, Wyoming;
          21.  “Bruner Creek” and “Pine Creek Springs” means Smiths Fork tributaries which rise in Lincoln County, Wyoming, in Sections 31 and 32, Township 25 North, Range 118 West, Sixth Principal Meridian, and in their natural channels are tributary to Smiths Fork in Section 36, Township 25 North, Range 119 West, Sixth Principal Meridian, Wyoming;
          22.  “Spring Creek” means a Smiths Fork tributary which rises in Lincoln County, Wyoming, in Sections 1 and 2, Township 24 North, Range 119 West, Sixth Principal Meridian, Wyoming, and flows in a general westerly direction to its confluence with Smiths Fork in Section 4, Township 24 North, Range 119 West, Sixth Principal Meridian, Wyoming;
          23.  “Sublette Creek” means the Bear River tributary which rises in Lincoln County, Wyoming, and flows in a general westerly direction to its confluence with Bear River in Section 20, Township 24 North, Range 119 West, Sixth Principal Meridian, Wyoming;
          24.  “Hobble Creek” means the Smiths Fork tributary which rises in Lincoln County, Wyoming, and flows in a general southwesterly direction to its confluence with Smiths Fork in Section 35, Township 28 North, Range 118 West, Sixth Principal Meridian, Wyoming;
          25.  “Hilliard East Fork Canal” means that irrigation canal which diverts water from the right bank of the East Fork of Bear River in Summit County, Utah, at a point West 1,310 feet and North 330 feet from the Southeast corner of Section 16, Township 2 North, Range 10 East, Salt Lake Base and Meridian, Utah, and runs in a northerly direction crossing the Utah-Wyoming State line into the Southwest Quarter of Section 21, Township 12 North, Range 119 West, Sixth Principal Meridian, Wyoming;
          26.  “Lannon Canal” means that irrigation canal which diverts water from the right bank of the Bear River in Summit County, Utah, East 1,480 feet from the West Quarter corner of Section 19, Township 3 North, Range 10 East, Salt Lake Base and Meridian, Utah, and runs in a northerly direction crossing the Utah-Wyoming State line into the South Half of Section 20, Township 12 North, Range 119 West, Sixth Principal Meridian, Wyoming;
          27.  “Lone Mountain Ditch” means that irrigation canal which diverts water from the right bank of the Bear River in Summit County, Utah, North 1,535 feet and East 1,120 feet from the West Quarter corner of Section 19, Township 3 North, Range 10 East, Salt Lake Base and Meridian, Utah, and runs in a northerly direction crossing the Utah-Wyoming State line into the South Half of Section 20, Township 12 North, Range 119 West, Sixth Principal Meridian, Wyoming;
          28.  “Hilliard West Side Canal” means that irrigation canal which diverts water from the right bank of the Bear River in Summit County, Utah, at a point North 2,190 feet and East 1,450 feet from the South Quarter corner of Section 13, Township 3 North, Range 9 East, Salt Lake Base and Meridian, Utah, and runs in a northerly direction crossing the Utah Wyoming State line into the South Half of Section 20, Township 12 North, Range 119 West, Sixth Principal Meridian, Wyoming;
          29.  “Francis Lee Canal” means that irrigation canal which diverts water from the left bank of the Bear River in Uinta County, Wyoming, in the Northeast Quarter of Section 30, Township 18 North, Range 120 West, Sixth Principal Meridian, Wyoming, and runs in a westerly direction across the Wyoming-Utah State line into Section 16, Township 9 North, Range 8 East, Salt Lake Base and Meridian, Utah;
          30.  “Chapman Canal” means that irrigation canal which diverts water from the left bank of the Bear River in Uinta County, Wyoming, in the Northeast Quarter of Section 36, Township 16 North, Range 121 West, Sixth Principal Meridian, Wyoming, and runs in a northerly direction crossing over the low divide into the Saleratus drainage basin near the Southeast corner of Section 36, Township 17 North, Range 121 West, Sixth Principal Meridian, Wyoming, and then in a general westerly direction crossing the Wyoming-Utah State line;
          31.  “Neponset Reservoir” means that reservoir located principally in Sections 34 and 35, Township 8 North, Range 7 East, Salt Lake Base and Meridian, Utah, having a capacity of 6,900 acre-feet.
ARTICLE III
          A.  There is hereby created an interstate administrative agency to be known as the “Bear River Commission” which is hereby constituted a legal entity and in such name shall exercise the powers hereinafter specified. The Commission shall be composed of nine Commissioners, three Commissioners representing each signatory State, and if appointed by the President, one additional Commissioner representing the United States of America who shall serve as chairman, without vote. Each Commissioner, except the chairman, shall have one vote. The State Commissioners shall be selected in accordance with State law. Six Commissioners who shall include two Commissioners from each State shall constitute a quorum. The vote of at least two-thirds of the Commissioners when a quorum is present shall be necessary for the action of the Commission.
          B. The compensation and expenses of each Commissioner and each adviser shall be paid by the government which he represents. All expenses incurred by the Commission in the administration of this Compact, except those paid by the United States of America, shall be paid by the signatory States on an equal basis.
          C.  The Commission shall have power to:
          1.  Adopt bylaws, rules, and regulations not inconsistent with this Compact;
          2.  Acquire, hold, convey or otherwise dispose of property;
          3.  Employ such persons and contract for such services as may be necessary to carry out its duties under this Compact;
          4.  Sue and be sued as a legal entity in any court of record of a signatory State, and in any court of the United States having jurisdiction of such action;
          5.  Co-operate with State and Federal agencies in matters relating to water pollution of interstate significance;
          6.  Perform all functions required of it by this Compact and do all things necessary, proper or convenient in the performance of its duties hereunder, independently or in cooperation with others, including State and Federal agencies.
          D.  The Commission shall:
          1.  Enforce this Compact and its orders made hereunder by suit or other appropriate action;
          2.  Compile a report covering the work of the Commission and expenditures during the current biennium, and an estimate of expenditures for the following biennium and transmit it to the President of the United States and to the Governors of the signatory States on or before July 1 following each biennium.
ARTICLE IV
          Rights to direct flow water shall be administered in each signatory State under state law, with the following limitations:
          A.  When there is a water emergency, as hereinafter defined for each division, water shall be distributed therein as provided below.
          1.  Upper Division.
          a.  When the divertible flow as defined below for the upper division is less than 1,250 second-feet, a water emergency shall be deemed to exist therein and such divertible flow is allocated for diversion in the river sections of the Division as follows:
            Upper Utah Section Diversions - 0.6%,
            Upper Wyoming Section Diversions - 49.3%,
            Lower Utah Section Diversions - 40.5%,
            Lower Wyoming Section Diversions - 9.6%.
            Such divertible flow shall be the total of the following five items:
          (1)  Upper Utah Section Diversions in second-feet,
          (2)  Upper Wyoming Section Diversions in second-feet,
          (3)  Lower Utah Section Diversions in second-feet,
          (4)  Lower Wyoming Section Diversions in second-feet,
          (5)  The flow in second-feet passing Pixley Dam.
          b.  The Hilliard East Fork Canal, Lannon Canal, Lone Mountain Ditch, and Hilliard West Side Canal, which divert water in Utah to irrigate lands in Wyoming, shall be supplied from the divertible flow allocated to the Upper Wyoming Section Diversions.
          c.  The Chapman, Bear River, and Francis Lee Canals, which divert water from the main stem of Bear River in Wyoming to irrigate lands in both Wyoming and Utah, shall be supplied from the divertible flow allocated to the Upper Wyoming Section Diversions.
          d.  The Beckwith Quinn West Side Canal, which diverts water from the main stem of Bear River in Utah to irrigate lands in both Utah and Wyoming, shall be supplied from the divertible flow allocated to the Lower Utah Section Diversions.
          e.  If for any reason the aggregate of all diversions in a river section of the Upper Division does not equal the allocation of water thereto, the unused portion of such allocation shall be available for use in the other river sections in the Upper Division in the following order: (1) In the other river section of the same State in which the unused allocation occurs; and (2) In the river sections of the other State. No permanent right of use shall be established by the distribution of water pursuant to this paragraph e.
          f.  Water allocated to the several sections shall be distributed in each section in accordance with State law.
          2.  Central Division.
          a.  When either the divertible flow as hereinafter defined for the Central Division is less than 870 second-feet, or the flow of the Bear River at Border Gaging Station is less than 350 second-feet, whichever shall first occur, a water emergency shall be deemed to exist in the Central Division and the total of all diversions in Wyoming from Grade Creek, Pine Creek, Bruner Creek and Pine Creek Springs, Spring Creek, Sublette Creek, Smiths Fork, and all the tributaries of Smiths Fork above the mouth of Hobble Creek including Hobble Creek, and from the main stem of the Bear River between Pixley Dam and the point where the river crosses the Wyoming-Idaho State line near Border shall be limited for the benefit of the State of Idaho, to not exceed 43% of the divertible flow. The remaining 57% of the divertible flow shall be available for use in Idaho in the Central Division, but if any portion of such allocation is not used therein it shall be available for use in Idaho in the Lower Division.
          The divertible flow for the Central Division shall be the total of the following three items:
          (1)  Diversions in second-feet in Wyoming consisting of the sum of all diversions from Grade Creek, Pine Creek, Bruner Creek and Pine Creek Springs, Spring Creek, Sublette Creek, and Smiths Fork and all the tributaries of Smiths Fork above the mouth of Hobble Creek including Hobble Creek, and the main stem of the Bear River between Pixley Dam and the point where the river crosses the Wyoming-Idaho State line near Border, Wyoming.
          (2)  Diversions in second-feet in Idaho from the Bear River main stem from the point where the river crosses the Wyoming-Idaho State line near Border to Stewart Dam including West Fork Canal which diverts at Stewart Dam.
          (3)  Flow in second-feet of the Rainbow Inlet Canal and of the Bear River passing downstream from Stewart Dam.
          b.  The Cook Canal, which diverts water from the main stem of the Bear River in Wyoming to irrigate lands in both Wyoming and Idaho, shall be considered a Wyoming diversion and shall be supplied from the divertible flow allocated to Wyoming.
          c.  Water allocated to each State shall be distributed in accordance with State law.
          3.  Lower Division.
          a.  When the flow of water across the Idaho-Utah boundary line is insufficient to satisfy water rights in Utah, covering water applied to beneficial use prior to January 1, 1976, any water user in Utah may file a petition with the Commission alleging that by reason of diversions in Idaho he is being deprived of water to which he is justly entitled, and that by reason thereof, a water emergency exists, and requesting distribution of water under the direction of the Commission. If the Commission finds a water emergency exists, it shall put into effect water delivery schedules based on priority of rights and prepared by the Commission without regard to the boundary line for all or any part of the Division, and during such emergency, water shall be delivered in accordance with such schedules by the State official charged with the administration of public waters.
          B.  The Commission shall have authority upon its own motion (1) to declare a water emergency in any or all river divisions based upon its determination that there are diversions which violate this Compact and which encroach upon water rights in a lower State, (2) to make appropriate orders to prevent such encroachments, and (3) to enforce such orders by action before State administrative officials or by court proceedings.
          C.  When the flow of water in an interstate tributary across a State boundary line is insufficient to satisfy water rights on such tributary in a lower State, any water user may file a petition with the Commission alleging that by reason of diversions in an upstream State he is being deprived of water to which he is justly entitled and that by reason thereof a water emergency exists, and requesting distribution of water under the direction of the Commission. If the Commission finds that a water emergency exists and that interstate control of water of such tributary is necessary, it shall put into effect water delivery schedules based on priority of rights and prepared without regard to the State boundary line. The State officials in charge of water distribution on interstate tributaries may appoint and fix the compensation and expenses of a joint water commissioner for each tributary. The proportion of the compensation and expenses to be paid by each State shall be determined by the ratio between the number of acres therein which are irrigated by diversions from such tributary, and the total number of acres irrigated from such tributary.
          D.  In preparing interstate water delivery schedules the Commission, upon notice and after public hearings, shall make finding of fact as to the nature, priority and extent of water rights, rates of flow, duty of water, irrigated acreages, types of crops, time of use, and related matters; provided that such schedules shall recognize and incorporate therein priority of water rights as adjudicated in each of the signatory States. Such findings of fact shall, in any court or before any tribunal, constitute prima facie evidence of the facts found.
          E.  Water emergencies provided for herein shall terminate on September 30 of each year unless terminated sooner or extended by the Commission.
ARTICLE V
          A.  Water rights in the Lower Division acquired under the laws of Idaho and Utah covering water applied to beneficial use prior to January 1, 1976, are hereby recognized and shall be administered in accordance with State law based on priority of rights as provided in Article IV, paragraph A3. Rights to water first applied to beneficial use on or after January 1, 1976, shall be satisfied from the respective allocations made to Idaho and Utah in this paragraph and the water allocated to each State shall be administered in accordance with State law. Subject to the foregoing provisions, the remaining water in the Lower Division, including ground water tributary to the Bear River, is hereby apportioned for use in Idaho and Utah as follows:
          (1)  Idaho shall have the first right to the use of such remaining water resulting in an annual depletion of not more than 125,000 acre-feet.
          (2)  Utah shall have the second right to the use of such remaining water resulting in an annual depletion of not more than 275,000 acre-feet.
          (3)  Idaho and Utah shall each have an additional right to deplete annually on an equal basis, 75,000 acre-feet of the remaining water after the rights provided by subparagraphs (1), and (2) above have been satisfied.
          (4)  Any remaining water in the Lower Division after the allocations provided for in subparagraphs (1), (2), and (3) above have been satisfied shall be divided; 30% to Idaho and 70% to Utah.
          B.  Water allocated under the above subparagraphs shall be charged against the State in which it is used regardless of the location of the point of diversion.
          C.  Water depletions permitted under provisions of subparagraphs (1), (2), and (3), and (4) above, shall be calculated and administered by a Commission-approved procedure.
ARTICLE VI
          A.  Existing storage rights in reservoirs constructed above Stewart Dam prior to February 4, 1955, are as follows:
          Idaho .................................................................................................................324 acre-feet
          Utah .............................................................................................................11,850 acre-feet
          Wyoming ......................................................................................................2,150 acre-feet
          Additional rights are hereby granted to store in any water year above Stewart Dam, 35,500 acre-feet of Bear River water and no more under this paragraph for use in Utah and Wyoming; and to store in any water year in Idaho or Wyoming on Thomas Fork 1,000 acre-feet of water for use in Idaho. Such additional storage rights shall be subordinate to, and shall not be exercised when the effect thereof will be to impair or interfere with (1) existing direct flow rights for consumptive use in any river division and (2) existing storage rights above Stewart Dam, but shall not be subordinate to any right to store water in Bear Lake or elsewhere below Stewart Dam. One-half of the 35,500 acre-feet of additional storage right above Stewart Dam so granted to Utah and Wyoming is hereby allocated to Utah, and the remaining one-half thereof is allocated to Wyoming.
          B.  In addition to the rights defined in Paragraph A of this Article, further storage entitlements above Stewart Dam are hereby granted. Wyoming and Utah are granted an additional right to store in any year 70,000 acre-feet of Bear River water for use in Utah and Wyoming to be divided equally; and Idaho is granted an additional right to store 4,500 acre-feet of Bear River water in Wyoming or Idaho for use in Idaho. Water rights granted under this paragraph and water appropriated, including ground water tributary to Bear River, which is applied to beneficial use on or after January 1, 1976, shall not result in an annual increase in depletion of the flow of the Bear River and its tributaries above Stewart Dam of more than 28,000 acre-feet in excess of the depletion as of January 1, 1976. Thirteen thousand (13,000) acre-feet of the additional depletion above Stewart Dam is allocated to each of Utah and Wyoming, and two thousand (2,000) acre-feet is allocated to Idaho.
          The additional storage rights provided for in this Paragraph shall be subordinate to, and shall not be exercised when the effect thereof will be to impair or interfere with (1) existing direct flow rights for consumptive use in any river division and (2) existing storage rights above Stewart Dam, but shall not be subordinate to any right to store water in Bear Lake or elsewhere below Stewart Dam; provided, however, there shall be no diversion of water to storage above Stewart Dam under this Paragraph B when the water surface elevation of Bear Lake is below 5,911.00 feet, Utah Power & Light Company datum (the equivalent of elevation 5,913.75 feet based on the sea level datum of 1929 through the Pacific Northwest Supplementary Adjustment of 1947). Water depletions permitted under this Paragraph B shall be calculated and administered by a Commission-approved procedure.
          C.  In addition to the rights defined in Article VI, Paragraphs A and B, Idaho, Utah and Wyoming are granted the right to store and use water above Stewart Dam that otherwise would be bypassed or released from Bear Lake at times when all other direct flow and storage rights are satisfied. The availability of such water and the operation of reservoir space to store water above Bear Lake under this paragraph shall be determined by a Commission-approved procedure. The storage provided for in this Paragraph shall be subordinate to all other storage and direct flow rights in the Bear River. Storage rights under this Paragraph shall be exercised with equal priority on the following basis: 6% thereof to Idaho; 47% thereof to Utah; and 47% thereof to Wyoming.
          D.  The waters of Bear Lake below elevation 5,912.91 feet, Utah Power and Light Company Bear Lake datum (the equivalent of elevation 5,915.66 feet based on the sea level datum of 1929 through the Pacific Northwest Supplementary Adjustment of 1947) shall constitute a reserve for irrigation. The water of such reserve shall not be released solely for the generation of power, except in emergency, but after release for irrigation it may be used in generating power if not inconsistent with its use for irrigation. Any water in Bear Lake in excess of that constituting the irrigation reserve may be used for the generation of power or for other beneficial uses. As new reservoir capacity above the Stewart Dam is constructed to provide additional storage pursuant to Paragraph A of this Article, the Commission shall make a finding in writing as to the quantity of additional storage and shall thereupon make an order increasing the irrigation reserve in accordance with the following table:

		

	Additional Storage
Acre-feet	

	Lake surface elevation
Utah Power & Light
Company
Bear Lake datum	

	

	5,000	

	5,913.24	

	

		

	10,000	

	5,913.56	

	

		

	15,000	

	5,913.87	

	

		

	20,000	

	5,914.15	

	

		

	25,000	

	5,914.41	

	

		

	30,000	

	5,914.61	

	

		

	35,500	

	5,914.69	

	

		

	36,500	

	5,914.70	

	
          E.  Subject to existing rights, each State shall have the use of water, including groundwater, for ordinary domestic, and stock watering purposes, as determined by State law and shall have the right to impound water for such purposes in reservoirs having storage capacities not in excess, in any case, of 20 acre-feet, without deduction from the allocation made by paragraphs A, B, and C of this Article.
          F.  The storage rights in Bear Lake are hereby recognized and confirmed subject only to the restrictions hereinbefore recited.
ARTICLE VII
          It is the policy of the signatory States to encourage additional projects for the development of the water resources of the Bear River to obtain the maximum beneficial use of water with a minimum of waste, and in furtherance of such policy, authority is granted within the limitations provided by this Compact, to investigate, plan, construct, and operate such projects without regard to State boundaries, provided that water rights for each such project shall, except as provided in Article VI, Paragraphs A and B, thereof, be subject to rights theretofore initiated and in good standing.
ARTICLE VIII
          A.  No State shall deny the right of the United States of America, and subject to the conditions hereinafter contained, no State shall deny the right of another signatory State, any person or entity of another signatory State, to acquire rights to the use of water or to construct or to participate in the construction and use of diversion works and storage reservoirs with appurtenant works, canals, and conduits in one State for use of water in another State, either directly or by exchange. Water rights acquired for out-of-state use shall be appropriated in the State where the point of diversion is located in the manner provided by law for appropriation of water for use within such State.
          B.  Any signatory State, any person or any entity of any signatory State, shall have the right to acquire in any other signatory State such property rights as are necessary to the use of water in conformity with this Compact by donation, purchase, or, as hereinafter provided through the exercise of the power of eminent domain in accordance with the law of the State in which such property is located. Any signatory State, upon the written request of the Governor of any other signatory State for the benefit of whose water users property is to be acquired in the State to which such written request is made, shall proceed expeditiously to acquire the desired property either by purchase at a price acceptable to the requesting Governor, or if such purchase cannot be made, then through the exercise of its power of eminent domain and shall convey such property to the requesting State or to the person, or entity designated by its Governor provided, that all costs of acquisition and expenses of every kind and nature whatsoever incurred in obtaining such property shall be paid by the requesting State or the person or entity designated by its Governor.
          C.  Should any facility be constructed in a signatory State by and for the benefit of another signatory State or persons or entities therein, as above provided, the construction, repair, replacement, maintenance and operation of such facility shall be subject to the laws of the State in which the facility is located.
          D.  In the event lands or other taxable facilities are acquired by a signatory State in another signatory State for the use and benefit of the former, the users of the water made available by such facilities, as a condition precedent to the use thereof, shall pay to the political subdivisions of the State in which such facilities are located, each and every year during which such rights are enjoyed for such purposes, a sum of money equivalent to the average of the amount of taxes annually levied and assessed against the land and improvements thereon during the ten years preceding the acquisition of such land. Said payments shall be in full reimbursement for the loss of taxes in such political subdivision of the State.
          E.  Rights to the use of water acquired under this Article shall in all respects be subject to this Compact.
ARTICLE IX
          Stored water, or water from another watershed may be turned into the channel of the Bear River in one State and a like quantity, with allowance for loss by evaporation, transpiration, and seepage, may be taken out of the Bear River in another State either above or below the point where the water is turned into the channel, but in making such exchange the replacement water shall not be inferior in quality for the purpose used or diminished in quantity. Exchanges shall not be permitted if the effect thereof is to impair vested rights or to cause damage for which no compensation is paid. Water from another watershed or source which enters the Bear River by actions within a State may be claimed exclusively by that State and use thereof by that State shall not be subject to the depletion limitations of Articles IV, V and VI. Proof of any claimed increase in flow shall be the burden of the State making such claim, and it shall be approved only by the unanimous vote of the Commission.
ARTICLE X
          A.  The following rights to the use of Bear River water carried in interstate canals are recognized and confirmed.

		

	Lands irrigated	

	

	Name of Canal	

	Date of priority	

	Primary right second-feet	

	Acres	

	State	

	

	Hilliard East Fork	

	1914	

	28.00	

	2,644	

	Wyoming	

	

	Chapman	

	8-13-86	

	16.46	

	1,155	

	Wyoming	

	

	8-13-86	

	98.46	

	6,892	

	Utah	

	

	4-12-12	

	.57	

	40	

	Wyoming	

	

	5-3-12	

	4.07	

	285	

	Utah	

	

	5-21-12	

	10.17	

	712	

	Utah	

	

	2-6-13	

	.79	

	55	

	Wyoming	

	

	8-28-05	

	134.001	

		

		

	

	Francis Lee	

	1879	

	2.20	

	154	

	Wyoming	

	

	1879	

	7.41	

	519	

	Utah	

          1Under the right as herein confirmed not to exceed 134 second-feet may be carried across the Wyoming-Utah State line in the Chapman Canal at any time for filling the Neponset Reservoir, for irrigation of land in Utah and for other purposes. The storage right in Neponset Reservoir is for 6,900 acre-feet, which is a component part of the irrigation right for the Utah lands listed above.
          All other rights to the use of water carried in interstate canals and ditches, as adjudicated in the State in which the point of diversion is located, are recognized and confirmed.
          B.  All interstate rights shall be administered by the State in which the point of diversion is located and during times of water emergency, such rights shall be filled from the allocations specified in Article IV hereof for the Section in which the point of diversion is located, with the exception that the diversion of water into the Hilliard East Fork Canal, Lannon Canal, Lone Mountain Ditch, and Hilliard West Side Canal shall be under the administration of Wyoming. During times of water emergency these canals and the Lone Mountain Ditch shall be supplied from the allocation specified in Article IV for the Upper Wyoming Section Diversions.
ARTICLE XI
          Applications for appropriation, for change of point of diversion, place and nature of use, and for exchange of Bear River water shall be considered and acted upon in accordance with the law of the state in which the point of diversion is located, but no such application shall be approved if the effect thereof will be to deprive any water user in another state of water to which he is entitled, nor shall any such application be approved if the effect thereof will be an increase in the depletion of the flow of the Bear River and its tributaries beyond the limits authorized in each State in Articles IV, V and VI of this Compact. The official of each State in charge of water administration shall, at intervals and in the format established by the Commission, report on the status of use of the respective allocations.
ARTICLE XII
          Nothing in this Compact shall be construed to prevent the United States, a signatory State or political subdivision thereof, person, corporation, or association, from instituting or maintaining any action or proceeding, legal or equitable, for the protection of any right under State or Federal law or under this Compact.
ARTICLE XIII
          Nothing contained in this Compact shall be deemed
          1.  To affect the obligations of the United States of America to the Indian tribes;
          2.  To impair, extend or otherwise affect any right or power of the United States, its agencies or instrumentalities involved herein; nor the capacity of the United States to hold or acquire additional rights to the use of the water of the Bear River;
          3.  To subject any property or rights of the United States to the laws of the States which were not subject thereto prior to the date of this Compact;
          4.  To subject any property of the United States to taxation by the States or any subdivision thereof, nor to obligate the United States to pay any State or subdivision thereof for loss of taxes.
ARTICLE XIV
          At intervals not exceeding twenty years, the Commission shall review the provisions hereof, and after notice and public hearing, may propose amendments to any such provision, provided, however, that the provisions contained herein shall remain in full force and effect until such proposed amendments have been ratified by the legislatures of the signatory States and consented to by Congress.
ARTICLE XV
          This Compact may be terminated at any time by the unanimous agreement of the signatory States. In the event of such termination all rights established under it shall continue unimpaired.
ARTICLE XVI
          Should a court of competent jurisdiction hold any part of this Compact to be contrary to the constitution of any signatory State or to the Constitution of the United States, all other severable provisions of this Compact shall continue in full force and effect.
ARTICLE XVII
          This Compact shall be in effect when it shall have been ratified by the Legislature of each signatory State and consented to by the Congress of the United States of America. Notice of ratification by the legislatures of the signatory States shall be given by the Governor of each signatory State to the Governor of each of the other signatory States and to the President of the United States of America, and the President is hereby requested to give notice to the Governor of each of the signatory States of approval by the Congress of the United States of America.
          IN WITNESS WHEREOF, The Commissioners and their advisers have executed this Compact in five originals, one of which shall be deposited with the General Services Administration of the United States of America, one of which shall be forwarded to the Governor of each of the signatory States, and one of which shall be made a part of the permanent records of the Bear River Commission.
          Done at Salt Lake City, Utah, this 22nd day of December, 1978.
For the State of Idaho:
(s)  Clifford J. Skinner          (s)  Don W. Gilbert
(s)  J. Daniel Roberts
For the State of Utah:
(s)  S. Paul Holmgren                    (s)  Daniel F. Lawrence
(s)  Simeon Weston
For the State of Wyoming:
(s)  George L. Christopulos          (s)  John A. Teichert
(s)  J. W. Myers
Approved:                              Attest:
Wallace N. Jibson                    Daniel F. Lawrence
Representative of the                    Secretary of the Bear River
United States of America          Commission

Amended by Chapter 254, 1979 General Session

73-16-3 Ratification of compact.
          The compact ratified by this act is the original signed by the commissioners representing the states of Idaho, Utah, and Wyoming, and the secretary of the commission, and approved by the representative of the United States of America, and deposited in the archives of the Department of State of the United States of America and with the Division of Archives of the state of Utah.

Amended by Chapter 67, 1984 General Session

73-16-4 Members of commission.
(1) There shall be three members of the Bear River Compact commission from the state.
(2)
(a) One member shall be the state engineer, who shall chair the Utah delegation.
(b) The Board of Water Resources shall appoint the other two commissioners from Utah:
(i) after consultation with the state engineer;
(ii) after consultation with the director of the Division of Water Resources; and
(iii) with the consent of the governor.
(c) The two appointed members shall hold office at the pleasure of the Board of Water Resources and until their successors are appointed and qualified.
(3)
(a) A member shall be a resident of the state.
(b) One appointed member shall be a landowner and irrigator residing on and operating a farm within the lower division as defined by the compact.
(c) One appointed member shall be a landowner and irrigator residing on and operating a farm within the upper division as defined by the compact.
(4)
(a) The Board of Water Resources may appoint two alternative members of the Bear River Compact commission:
(i) after consultation with the state engineer;
(ii) after consultation with the director of the Division of Water Resources; and
(iii) with the consent of the governor.
(b) One alternate shall be a resident of the state and a landowner and irrigator residing on and operating a farm within the lower division as defined by the compact. The alternate may act at all regular and special meetings of the Bear River Compact commission whenever the regular member of the Bear River Compact commission from this same area is unable to serve and act.
(c) One alternate shall be a resident of the state and shall be a landowner and irrigator residing on and operating a farm within the upper division as defined by the compact. The alternate may act at all regular and special meetings of the Bear River Compact commission whenever the regular member of the Bear River Compact commission from this same area is unable to serve and act.
(5) A member may not receive compensation or benefits for the member’s service, but may receive per diem and travel expenses in accordance with:
(a) Section 63A-3-106;
(b) Section 63A-3-107; and
(c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and 63A-3-107.

Amended by Chapter 140, 2023 General Session

73-16-5 Error in copying does not invalidate.
          Any error made, if any, in copying the original compact in Section 73-16-2 hereof, shall be held not to invalidate the ratification of the compact in any way.

Enacted by Chapter 161, 1955 General Session

Chapter 18
State Boating Act

73-18-1 Statement of policy.
          It is the policy of this state to regulate and promote safety for persons and property in and connected with the use, operation and equipment of vessels and to promote uniformity of laws and to adopt and pursue an educational program in relation thereto.

Amended by Chapter 188, 1971 General Session

Superseded 1/1/2026
73-18-2 Definitions.
          As used in this chapter:
(1) “Anchored” means a vessel that is temporarily attached to the bed or shoreline of a waterbody by any method and the hull of the vessel is not touching the bed or shoreline.
(2) “Beached” means that a vessel’s hull is resting on the bed or shoreline of a waterbody.
(3) “Boat livery” means a person that holds a vessel for renting or leasing.
(4) “Carrying passengers for hire” means to transport persons on vessels or to lead persons on vessels for consideration.
(5) “Commission” means the Outdoor Adventure Commission.
(6) “Consideration” means something of value given or done in exchange for something given or done by another.
(7) “Dealer” means any person who is licensed by the appropriate authority to engage in and who is engaged in the business of buying and selling vessels or of manufacturing them for sale.
(8) “Derelict vessel”:
(a) means a vessel that is left, stored, or abandoned upon the waters of this state in a wrecked, junked, or substantially dismantled condition; and
(b) includes:
(i) a vessel left at a Utah port or marina without consent of the agency or other entity administering the port or marine area; and
(ii) a vessel left docked or grounded upon a property without the property owner’s consent.
(9) “Division” means the Division of Outdoor Recreation.
(10) “Moored” means long term, on the water vessel storage in an area designated and properly marked by the division or other applicable managing agency.
(11) “Motorboat” means any vessel propelled by machinery, whether or not the machinery is the principal source of propulsion.
(12) “Operate” means to navigate, control, or otherwise use a vessel.
(13) “Operator” means the person who is in control of a vessel while it is in use.
(14) “Outfitting company” means any person who, for consideration:
(a) provides equipment to transport persons on all waters of this state; and
(b) supervises a person who:
(i) operates a vessel to transport passengers; or
(ii) leads a person on a vessel.
(15)
(a) “Owner” means a person, other than a lien holder, holding a proprietary interest in or the title to a vessel.
(b) “Owner” includes a person entitled to the use or possession of a vessel subject to an interest by another person, reserved or created by agreement and securing payment or performance of an obligation.
(c) “Owner” does not include a lessee under a lease not intended as security.
(16) “Personal watercraft” means a motorboat that is:
(a) less than 16 feet in length;
(b) propelled by a water jet pump; and
(c) designed to be operated by a person sitting, standing, or kneeling on the vessel, rather than sitting or standing inside the vessel.
(17) “Racing shell” means a long, narrow watercraft:
(a) outfitted with long oars and sliding seats; and
(b) specifically designed for racing or exercise.
(18) “Sailboat” means any vessel having one or more sails and propelled by wind.
(19) “Vessel” means every type of watercraft, other than a seaplane on the water, used or capable of being used as a means of transportation on water.
(20) “Wakeless speed” means an operating speed at which the vessel does not create or make a wake or white water trailing the vessel.  This speed is not in excess of five miles per hour.
(21) “Waters of this state” means any waters within the territorial limits of this state.

Amended by Chapter 68, 2022 General Session

Effective 1/1/2026
73-18-2 Definitions.
          As used in this chapter:
(1)”Anchored” means a vessel that is temporarily attached to the bed or shoreline of a waterbody by any method and the hull of the vessel is not touching the bed or shoreline.
(2)”Beached” means that a vessel’s hull is resting on the bed or shoreline of a waterbody.
(3)”Boat livery” means a person that holds a vessel for renting or leasing.
(4)”Carrying passengers for hire” means to transport persons on vessels or to lead persons on vessels for consideration.
(5)”Commission” means the Outdoor Adventure Commission.
(6)”Consideration” means something of value given or done in exchange for something given or done by another.
(7)”Dealer” means any person who is licensed by the appropriate authority to engage in and who is engaged in the business of buying and selling vessels or of manufacturing them for sale.
(8)”Derelict vessel”:
(a)means a vessel that is left, stored, or abandoned upon the waters of this state in a wrecked, junked, or substantially dismantled condition; and
(b)includes:
(i)a vessel left at a Utah port or marina without consent of the agency or other entity administering the port or marine area; and
(ii)a vessel left docked or grounded upon a property without the property owner’s consent.
(9)”Division” means the Division of Outdoor Recreation.
(10)”Moored” means long term, on the water vessel storage in an area designated and properly marked by the division or other applicable managing agency.
(11)”Motorboat” means any vessel propelled by machinery, whether or not the machinery is the principal source of propulsion.
(12)”Operate” means to navigate, control, or otherwise use a vessel.
(13)”Operator” means the person who is in control of a vessel while it is in use.
(14)”Outfitting company” means any person who, for consideration:
(a)provides equipment to transport persons on all waters of this state; and
(b)supervises a person who:
(i)operates a vessel to transport passengers; or
(ii)leads a person on a vessel.
(15)
(a)”Owner” means a person, other than a lien holder, holding a proprietary interest in or the title to a vessel.
(b)”Owner” includes a person entitled to the use or possession of a vessel subject to an interest by another person, reserved or created by agreement and securing payment or performance of an obligation.
(c)”Owner” does not include a lessee under a lease not intended as security.
(16)
(a)”Personal watercraft” means a motorboat that is:
(i)less than 16 feet in length;
(ii)propelled by a water jet pump or other machinery as the motorboat’s primary source of motive power; and
(iii)designed to be operated by a person sitting, standing, or kneeling on the vessel, rather than sitting or standing inside the vessel.
(b)”Personal watercraft” includes a water jet device as part of the personal water craft vessel if the water jet device is connected to the personal water craft.
(17)”Racing shell” means a long, narrow watercraft:
(a)outfitted with long oars and sliding seats; and
(b)specifically designed for racing or exercise.
(18)”Sailboat” means any vessel having one or more sails and propelled by wind.
(19)”Vessel” means every type of watercraft, other than a seaplane on the water, used or capable of being used as a means of transportation on water.
(20)”Wakeless speed” means an operating speed at which the vessel does not create or make a wake or white water trailing the vessel.  This speed is not in excess of five miles per hour.
(21)”Water jet device” means a device with which an individual rides a hydro-powered apparatus above the surface of the water while connected to a personal watercraft or other power source that supplies thrust to the water jet device through a hose connecting the two devices.
(22)”Waters of this state” means any waters within the territorial limits of this state.

Amended by Chapter 336, 2025 General Session

73-18-3 Enforcement of State Boating Act to be supervised by division.
          The administration and enforcement of the State Boating Act shall be under the supervision and direction of the division.

Amended by Chapter 197, 1986 General Session

73-18-3.5 Advisory council.
          The division, after notifying the commission, may appoint an advisory council that includes:
(1) representation of boating interests; and
(2) among the advisory council’s duties, making recommendations on state boating policies.

Amended by Chapter 68, 2022 General Session

73-18-4 Division may make rules and set fees.
(1) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the division, after notifying the commission, shall make rules:
(a) creating a uniform waterway marking system which shall be obeyed by all vessel operators;
(b) regulating the placement of waterway markers and other permanent or anchored objects on the waters of this state;
(c) zoning certain waters of this state for the purpose of prohibiting the operation of vessels or motors for safety and health purposes only;
(d) regulating vessel operators who carry passengers for hire, boat liveries, and outfitting companies; and
(e) regulating anchored, beached, moored, or abandoned vessels to minimize health, safety, and environmental concerns.
(2)
(a) The division, after notifying the commission, may set fees in accordance with Section 63J-1-504 for:
(i) licensing vessel operators who carry passengers for hire; and
(ii) registering:
(A) outfitting companies; and
(B) boat liveries.
(b) The license and registration fees imposed pursuant to Subsection (2)(a) shall be deposited into the Boating Account created in Section 73-18-22.

Amended by Chapter 68, 2022 General Session

73-18-6 Numbering of motorboats and sailboats required -- Exception.
(1) Every motorboat and sailboat on the waters of this state shall be numbered.  No person shall operate or give permission for the operation of any motorboat or sailboat on the waters of this state unless the motorboat or sailboat is numbered in accordance with:
(a) this chapter;
(b) applicable federal law; or
(c) a federally-approved numbering system of another state, if the owner is a resident of that state and his motorboat or sailboat has not been in this state in excess of 60 days for the calendar year.
(2) The number assigned to a motorboat or sailboat in accordance with this chapter, applicable federal law, or a federally-approved numbering system of another state shall be displayed on each side of the bow of the motorboat or sailboat, except this requirement does not apply to any vessel which has a valid marine document issued by the United States Coast Guard.
(3) A violation of this section is an infraction.

Amended by Chapter 303, 2016 General Session

Superseded 1/1/2026
73-18-7 Registration requirements -- Exemptions -- Fee -- Agents -- Records -- Period of registration and renewal -- Expiration -- Notice of transfer of interest or change of address -- Duplicate registration card -- Invalid registration -- Powers of division.
(1)
(a) Except as provided by Section 73-18-9, the owner of each motorboat and sailboat on the waters of this state shall register it with the division as provided in this chapter.
(b) A person may not place, give permission for the placement of, operate, or give permission for the operation of a motorboat or sailboat on the waters of this state, unless the motorboat or sailboat is registered as provided in this chapter.
(2)
(a) The owner of a motorboat or sailboat required to be registered shall file an application for registration with the division on forms approved by the division.
(b) The owner of the motorboat or sailboat shall sign the application and pay the fee set by the division, after notifying the commission, in accordance with Section 63J-1-504.
(c) Before receiving a registration card and registration decals, the applicant shall provide the division with a certificate from the county assessor of the county in which the motorboat or sailboat has situs for taxation, stating that:
(i) the property tax on the motorboat or sailboat for the current year has been paid;
(ii) in the county assessor’s opinion, the property tax is a lien on real property sufficient to secure the payment of the property tax; or
(iii) the motorboat or sailboat is exempt by law from payment of property tax for the current year.
(d) If the division modifies the fee under Subsection (2)(b), the modification shall take effect on the first day of the calendar quarter after 90 days from the day on which the division provides the State Tax Commission:
(i) notice from the division stating that the division will modify the fee; and
(ii) a copy of the fee modification.
(e)
(i) The division may enter into an agreement with the Motor Vehicle Division created in Section 41-1a-106 to administer the registration requirements described in this chapter.
(ii) An individual may request automatic registration renewal as described in Section 41-1a-216.
(3)
(a) Upon receipt of the application in the approved form, the division shall record the receipt and issue to the applicant registration decals and a registration card that state the number assigned to the motorboat or sailboat and the name and address of the owner.
(b) The registration card shall be available for inspection on the motorboat or sailboat for which it was issued, whenever that motorboat or sailboat is in operation.
(4) The assigned number shall:
(a) be painted or permanently attached to each side of the forward half of the motorboat or sailboat;
(b) consist of plain vertical block characters not less than three inches in height;
(c) contrast with the color of the background and be distinctly visible and legible;
(d) have spaces or hyphens equal to the width of a letter between the letter and numeral groupings; and
(e) read from left to right.
(5) A motorboat or sailboat with a valid marine document issued by the United States Coast Guard is exempt from the number display requirements of Subsection (4).
(6) The nonresident owner of any motorboat or sailboat already covered by a valid number that has been assigned to it according to federal law or a federally approved numbering system of the owner’s resident state is exempt from registration while operating the motorboat or sailboat on the waters of this state unless the owner is operating in excess of the reciprocity period provided for in Subsection 73-18-9(1).
(7)
(a) If the ownership of a motorboat or sailboat changes, the new owner shall file a new application form and fee with the division, and the division shall issue a new registration card and registration decals in the same manner as provided for in Subsections (2) and (3).
(b) The division shall reassign the current number assigned to the motorboat or sailboat to the new owner to display on the motorboat or sailboat.
(8) If the United States Coast Guard has in force an overall system of identification numbering for motorboats or sailboats within the United States, the numbering system employed under this chapter by the division shall conform with that system.
(9)
(a) The division may authorize any person to act as its agent for the registration of motorboats and sailboats.
(b) A number assigned, a registration card, and registration decals issued by an agent of the division in conformity with this chapter and rules of the division are valid.
(10)
(a) The Motor Vehicle Division shall classify all records of the division made or kept according to this section in the same manner that motor vehicle records are classified under Section 41-1a-116.
(b) Division records are available for inspection in the same manner as motor vehicle records pursuant to Section 41-1a-116.
(11)
(a)
(i) Each registration, registration card, and decal issued under this chapter shall continue in effect for 12 months, beginning with the first day of the calendar month of registration.
(ii) A registration may be renewed by the owner in the same manner provided for in the initial application.
(iii) The division shall reassign the current number assigned to the motorboat or sailboat when the registration is renewed.
(b) Each registration, registration card, and registration decal expires the last day of the month in the year following the calendar month of registration.
(c) If the last day of the registration period falls on a day in which the appropriate state or county offices are not open for business, the registration of the motorboat or sailboat is extended to 12 midnight of the next business day.
(d) The division may receive applications for registration renewal and issue new registration cards at any time before the expiration of the registration, subject to the availability of renewal materials.
(e) The new registration shall retain the same expiration month as recorded on the original registration even if the registration has expired.
(f) The year of registration shall be changed to reflect the renewed registration period.
(g) If the registration renewal application is an application generated by the division through its automated system, the owner is not required to surrender the last registration card or duplicate.
(12)
(a) An owner shall notify the division of:
(i) the transfer of all or any part of the owner’s interest, other than creation of a security interest, in a motorboat or sailboat registered in this state under Subsections (2) and (3); and
(ii) the destruction or abandonment of the owner’s motorboat or sailboat.
(b) Notification must take place within 15 days of the transfer, destruction, or abandonment.
(c)
(i) The transfer, destruction, or abandonment of a motorboat or sailboat terminates its registration.
(ii) Notwithstanding Subsection (12)(c)(i), a transfer of a part interest that does not affect the owner’s right to operate a motorboat or sailboat does not terminate the registration.
(13)
(a) A registered owner shall notify the division within 15 days if the owner’s address changes from the address appearing on the registration card and shall, as a part of this notification, furnish the division with the owner’s new address.
(b) The division may provide in the division’s rules for:
(i) the surrender of the registration card bearing the former address; and
(ii)
(A) the replacement of the card with a new registration card bearing the new address; or
(B) the alteration of an existing registration card to show the owner’s new address.
(14)
(a) If a registration card is lost or stolen, the division may collect a fee of $4 for the issuance of a duplicate card.
(b) If a registration decal is lost or stolen, the division may collect a fee of $3 for the issuance of a duplicate decal.
(15) A number other than the number assigned to a motorboat or sailboat or a number for a motorboat or sailboat granted reciprocity under this chapter may not be painted, attached, or otherwise displayed on either side of the bow of a motorboat or sailboat.
(16) A motorboat or sailboat registration and number are invalid if obtained by knowingly falsifying an application for registration.
(17) The division may designate the suffix to assigned numbers, and by following the procedures and requirements of Title 63G, Chapter 3, Utah Administrative Rulemaking Act, make rules for:
(a) the display of registration decals;
(b) the issuance and display of dealer numbers and registrations; and
(c) the issuance and display of temporary registrations.
(18) A violation of this section is an infraction.

Amended by Chapter 68, 2022 General Session

Effective 1/1/2026
73-18-7 Registration requirements -- Exemptions -- Fee -- Agents -- Records -- Period of registration and renewal -- Expiration -- Notice of transfer of interest or change of address -- Duplicate registration card -- Invalid registration -- Powers of division.
(1)
(a)Except as provided by Section 73-18-9, the owner of each motorboat and sailboat on the waters of this state shall register it with the division as provided in this chapter.
(b)A person may not place, give permission for the placement of, operate, or give permission for the operation of a motorboat or sailboat on the waters of this state, unless the motorboat or sailboat is registered as provided in this chapter.
(2)
(a)The owner of a motorboat or sailboat required to be registered shall file an application for registration with the division on forms approved by the division.
(b)The owner of the motorboat or sailboat shall sign the application, pay the fee set by the division, and pay the Boating Grant Tax as described in Section 59-34-103, after notifying the commission, in accordance with Section 63J-1-504.
(c)Before receiving a registration card and registration decals, the applicant shall provide the division with a certificate from the county assessor of the county in which the motorboat or sailboat has situs for taxation, stating that:
(i)the property tax on the motorboat or sailboat for the current year has been paid;
(ii)in the county assessor’s opinion, the property tax is a lien on real property sufficient to secure the payment of the property tax; or
(iii)the motorboat or sailboat is exempt by law from payment of property tax for the current year.
(d)If the division modifies the fee under Subsection (2)(b), the modification shall take effect on the first day of the calendar quarter after 90 days from the day on which the division provides the State Tax Commission:
(i)notice from the division stating that the division will modify the fee; and
(ii)a copy of the fee modification.
(e)
(i)The division may enter into an agreement with the Motor Vehicle Division created in Section 41-1a-106 to administer the registration requirements described in this chapter.
(ii)An individual may request automatic registration renewal as described in Section 41-1a-216.
(3)
(a)Upon receipt of the application in the approved form, the division shall record the receipt and issue to the applicant registration decals and a registration card that state the number assigned to the motorboat or sailboat and the name and address of the owner.
(b)The registration card shall be available for inspection on the motorboat or sailboat for which it was issued, whenever that motorboat or sailboat is in operation.
(4)The assigned number shall:
(a)be painted or permanently attached to each side of the forward half of the motorboat or sailboat;
(b)consist of plain vertical block characters not less than three inches in height;
(c)contrast with the color of the background and be distinctly visible and legible;
(d)have spaces or hyphens equal to the width of a letter between the letter and numeral groupings; and
(e)read from left to right.
(5)A motorboat or sailboat with a valid marine document issued by the United States Coast Guard is exempt from the number display requirements of Subsection (4).
(6)The nonresident owner of any motorboat or sailboat already covered by a valid number that has been assigned to it according to federal law or a federally approved numbering system of the owner’s resident state is exempt from registration while operating the motorboat or sailboat on the waters of this state unless the owner is operating in excess of the reciprocity period provided for in Subsection 73-18-9(1).
(7)
(a)If the ownership of a motorboat or sailboat changes, the new owner shall file a new application form and fee with the division, and the division shall issue a new registration card and registration decals in the same manner as provided for in Subsections (2) and (3).
(b)The division shall reassign the current number assigned to the motorboat or sailboat to the new owner to display on the motorboat or sailboat.
(8)If the United States Coast Guard has in force an overall system of identification numbering for motorboats or sailboats within the United States, the numbering system employed under this chapter by the division shall conform with that system.
(9)
(a)The division may authorize any person to act as its agent for the registration of motorboats and sailboats.
(b)A number assigned, a registration card, and registration decals issued by an agent of the division in conformity with this chapter and rules of the division are valid.
(10)
(a)The Motor Vehicle Division shall classify all records of the division made or kept according to this section in the same manner that motor vehicle records are classified under Section 41-1a-116.
(b)Division records are available for inspection in the same manner as motor vehicle records pursuant to Section 41-1a-116.
(11)
(a)
(i)Each registration, registration card, and decal issued under this chapter shall continue in effect for 12 months, beginning with the first day of the calendar month of registration.
(ii)A registration may be renewed by the owner in the same manner provided for in the initial application.
(iii)The division shall reassign the current number assigned to the motorboat or sailboat when the registration is renewed.
(b)Each registration, registration card, and registration decal expires the last day of the month in the year following the calendar month of registration.
(c)If the last day of the registration period falls on a day in which the appropriate state or county offices are not open for business, the registration of the motorboat or sailboat is extended to 12 midnight of the next business day.
(d)The division may receive applications for registration renewal and issue new registration cards at any time before the expiration of the registration, subject to the availability of renewal materials.
(e)The new registration shall retain the same expiration month as recorded on the original registration even if the registration has expired.
(f)The year of registration shall be changed to reflect the renewed registration period.
(g)If the registration renewal application is an application generated by the division through its automated system, the owner is not required to surrender the last registration card or duplicate.
(12)
(a)An owner shall notify the division of:
(i)the transfer of all or any part of the owner’s interest, other than creation of a security interest, in a motorboat or sailboat registered in this state under Subsections (2) and (3); and
(ii)the destruction or abandonment of the owner’s motorboat or sailboat.
(b)Notification must take place within 15 days of the transfer, destruction, or abandonment.
(c)
(i)The transfer, destruction, or abandonment of a motorboat or sailboat terminates its registration.
(ii)Notwithstanding Subsection (12)(c)(i), a transfer of a part interest that does not affect the owner’s right to operate a motorboat or sailboat does not terminate the registration.
(13)
(a)A registered owner shall notify the division within 15 days if the owner’s address changes from the address appearing on the registration card and shall, as a part of this notification, furnish the division with the owner’s new address.
(b)The division may provide in the division’s rules for:
(i)the surrender of the registration card bearing the former address; and
(ii)
(A)the replacement of the card with a new registration card bearing the new address; or
(B)the alteration of an existing registration card to show the owner’s new address.
(14)
(a)If a registration card is lost or stolen, the division may collect a fee of $4 for the issuance of a duplicate card.
(b)If a registration decal is lost or stolen, the division may collect a fee of $3 for the issuance of a duplicate decal.
(15)A number other than the number assigned to a motorboat or sailboat or a number for a motorboat or sailboat granted reciprocity under this chapter may not be painted, attached, or otherwise displayed on either side of the bow of a motorboat or sailboat.
(16)A motorboat or sailboat registration and number are invalid if obtained by knowingly falsifying an application for registration.
(17)The division may designate the suffix to assigned numbers, and by following the procedures and requirements of Title 63G, Chapter 3, Utah Administrative Rulemaking Act, make rules for:
(a)the display of registration decals;
(b)the issuance and display of dealer numbers and registrations; and
(c)the issuance and display of temporary registrations.
(18)A violation of this section is an infraction.

Amended by Chapter 336, 2025 General Session

73-18-7.1 Fraudulent application for registration or certificate of title.
          A person is guilty of a third degree felony if the person:
(1)fraudulently uses a false or fictitious name in any application for a registration or certificate of title for a motorboat, sailboat, or outboard motor; or
(2)in making an application specified in Subsection (1):
(a)knowingly makes a false statement;
(b)knowingly conceals a material fact; or
(c)otherwise commits a fraud.

Amended by Chapter 302, 2025 General Session

73-18-7.2 Falsified or misused registration or certificate of title.
(1) It is a third degree felony for a person to:
(a) alter with fraudulent intent a motorboat or sailboat certificate of title, registration card, or registration decal or outboard motor certificate of title issued by the division or the division’s authorized agent;
(b) forge or counterfeit a motorboat or sailboat certificate of title, registration card, or registration decal or outboard motor certificate of title purporting to have been issued by the division or the division’s authorized agent;
(c) alter, falsify, or forge an assignment upon a motorboat, sailboat, or outboard motor certificate of title; or
(d) hold or use a motorboat or sailboat certificate of title, registration card, or registration decal or outboard motor certificate of title knowing it has been altered, forged, or falsified.
(2) It is a class C misdemeanor for a person to use or permit the use or display of a registration decal or registration card on a motorboat or sailboat or in the operation of a motorboat or sailboat other than the motorboat or sailboat for which the registration decal or registration card is issued.

Amended by Chapter 75, 2019 General Session

73-18-7.3 Suspension or revocation of a registration or certificate of title.
          The division or its authorized agent may suspend or revoke the registration or certificate of title of a motorboat, sailboat, or outboard motor if:
(1) the division or its authorized agent determines that the registration or certificate of title was fraudulently or erroneously issued;
(2) the division or its authorized agent determines that a registered motorboat or sailboat is mechanically unfit or unseaworthy for operation on the waters of this state;
(3) a registered motorboat or sailboat has been dismantled or wrecked so that it loses its character as a vessel;
(4) the division or its authorized agent determines that the required registration or titling fee has not been paid or is not paid upon reasonable notice and demand;
(5) a registration decal or number is knowingly displayed upon a motorboat or sailboat other than the one for which the decal or number was issued;
(6) the division or its authorized agent determines that the owner has committed any offense under this chapter or Title 41, Chapter 1a, Part 5, Titling Requirement, involving the registration or certificate of title of a motorboat, sailboat, or outboard motor; or
(7) the division or authorized agent is so authorized under any other provision of law.

Amended by Chapter 1, 1992 General Session

73-18-7.4 Canceled, suspended, or revoked registration or certificate of title to be returned.
          If the division or its authorized agent cancels, suspends, or revokes the registration or certificate of title of a motorboat, sailboat, or outboard motor, the owner shall immediately return the canceled, suspended, or revoked registration card, registration decal, or certificate of title to the division or authorized agent.

Enacted by Chapter 216, 1990 General Session

73-18-8 Safety equipment required to be on board vessels -- Penalties.
(1)
(a) Except as provided in Subsection (1)(c), each vessel shall have, for each person on board, one wearable personal flotation device that is approved for the type of use by the commandant of the United States Coast Guard.
(b) Each personal flotation device shall be:
(i) in serviceable condition;
(ii) legally marked with the United States Coast Guard approval number; and
(iii) of an appropriate size for the person for whom it is intended.
(c)
(i) Sailboards and racing shells are exempt from the provisions of Subsections (1)(a) and (e).
(ii) The division, after notifying the commission, may exempt certain types of vessels from the provisions of Subsection (1)(a) under certain conditions or upon certain waters.
(d) The division may require by rule, after notifying the commission, for personal flotation devices to be worn:
(i) while a person is on board a certain type of vessel;
(ii) by a person under a certain age; or
(iii) on certain waters of the state.
(e) For vessels 16 feet or more in length, there shall also be on board one throwable personal flotation device which is approved for this use by the commandant of the United States Coast Guard.
(2) The operator of a vessel operated between sunset and sunrise shall display lighted navigation lights approved by the division.
(3) If a vessel is not entirely open and it carries or uses any flammable or toxic fluid in any enclosure for any purpose, the vessel shall be equipped with an efficient natural or mechanical ventilation system that is capable of removing resulting gases before and during the time the vessel is occupied by any person.
(4) Each vessel shall have fire extinguishing equipment on board.
(5) Any inboard gasoline engine shall be equipped with a carburetor backfire flame control device.
(6) The division may, after notifying the commission:
(a) require additional safety equipment by rule; and
(b) adopt rules conforming with the requirements of this section which govern specifications for and the use of safety equipment.
(7) A person may not operate or give permission for the operation of a vessel that is not equipped as required by this section or rules promulgated under this section.
(8) A violation of this section is an infraction.

Amended by Chapter 68, 2022 General Session

73-18-8.1 Capacity and certification label.
(1) Each vessel manufactured after November 1, 1972, which is less than 20 feet in length, except a sailboat, canoe, kayak, inflatable vessel, or homemade motor boat must have a United States Coast Guard capacity and certification label permanently affixed to the vessel and clearly visible to the operator when boarding or operating the vessel.  The capacity and certification information may be combined together and displayed on one label.
(2) No person shall operate, or give permission for the operation of, any vessel on the waters of this state if it is loaded or powered in excess of the maximum capacity information on the United States Coast Guard capacity label.
(3) No person shall alter, deface, or remove any United States Coast Guard capacity or certification information label affixed to a vessel.
(4) No person shall operate, or give permission for the operation of, a vessel on the waters of this state if the required United States Coast Guard capacity or certification information label has been altered, defaced, or removed.
(5) A violation of this section is an infraction.

Amended by Chapter 303, 2016 General Session

73-18-9 Exemptions from registration.
          Registration under this chapter is not required for any of the following:
(1) a motorboat or sailboat that:
(a) is already covered by a valid registration issued by its nonresident owner’s resident state; and
(b) has not been within this state in excess of 60 days for the calendar year;
(2) a motorboat or sailboat from a country other than the United States temporarily using the waters of this state;
(3) a motorboat or sailboat whose owner is the United States, a state or subdivision thereof;
(4) a ship’s lifeboat; or
(5) a motorboat or sailboat belonging to a class of vessels which is exempted from registration by the division after the division finds:
(a) that the registration of motorboats or sailboats of this class will not materially aid in their identification; and
(b) that the United States Coast Guard has a numbering system applicable to the class of motorboats or sailboats to which the motorboat or sailboat in question belongs, and the motorboat or sailboat would also be exempt from numbering if it were subject to federal law.

Amended by Chapter 280, 2021 General Session

73-18-10 Owner of boat livery -- Duties.
(1)The owner of a boat livery shall keep a record of the following: the name and address of the person hiring any vessel; the identification number of the vessel; the vessel’s departure date and time; and the vessel’s expected time of return.  The record shall be preserved for at least one year.
(2)Neither the owner of a boat livery nor the owner’s agent or employee may permit any vessel to depart from the premises of the boat livery unless the owner has equipped it as required under this chapter and unless the owner has advised the lessee or renter of the vessel of all rules promulgated under this chapter which the lessee or renter must obey.

Amended by Chapter 302, 2025 General Session

73-18-11 Regulation of muffling devices.
          The division, after notifying the commission, shall adopt rules for the regulating of muffling devices on all vessels.

Amended by Chapter 68, 2022 General Session

73-18-12 Operation in willful or wanton disregard for safety -- Penalty.
(1) A person may not operate any nonmotorized vessel, or manipulate any water skis or any device towed by a motorboat in a willful or wanton disregard for the safety of persons or property.
(2) A violation of Subsection (1) is a class B misdemeanor.

Amended by Chapter 200, 2002 General Session

73-18-13 Duties of operator involved in accident -- Notification and reporting procedures -- Use of accident reports -- Giving false information as misdemeanor.
(1) As used in this section, “agent” has the same meaning as provided in Section 41-6a-404.
(2)
(a) It is the duty of the operator of a vessel involved in an accident, if the operator can do so without seriously endangering the operator’s own vessel, crew, or passengers, to render aid to those affected by the accident as may be practicable.
(b) The operator shall also give the operator’s name, address, and identification of the operator’s vessel in writing to:
(i) any person injured; or
(ii) the owner of any property damaged in the accident.
(c) A violation of this Subsection (2) is a class B misdemeanor.
(3)
(a) The division, after notifying the commission, shall adopt rules governing the notification and reporting procedure for vessels involved in accidents.
(b) The rules shall be consistent with federal requirements.
(4)
(a) Except as provided in Subsection (4)(b), all accident reports:
(i) are protected and shall be for the confidential use of the division or other state, local, or federal agencies having use for the records for official governmental statistical, investigative, and accident prevention purposes; and
(ii) may be disclosed only in a statistical form that protects the privacy of any person involved in the accident.
(b) The division shall disclose a written accident report and its accompanying data to:
(i) a person involved in the accident, excluding a witness to the accident;
(ii) a person suffering loss or injury in the accident;
(iii) an agent, parent, or legal guardian of a person described in Subsections (4)(b)(i) and (ii);
(iv) a member of the press or broadcast news media;
(v) a state, local, or federal agency that uses the records for official governmental, investigative, or accident prevention purposes;
(vi) law enforcement personnel when acting in their official governmental capacity; and
(vii) a licensed private investigator.
(c) Information provided to a member of the press or broadcast news media under Subsection (4)(b)(iv) may only include:
(i) the name, age, sex, and city of residence of each person involved in the accident;
(ii) the make and model year of each vehicle involved in the accident;
(iii) whether or not each person involved in the accident was covered by a vehicle insurance policy;
(iv) the location of the accident; and
(v) a description of the accident that excludes personal identifying information not listed in Subsection (4)(c)(i).
(5)
(a) Except as provided in Subsection (5)(c), an accident report may not be used as evidence in any civil or criminal trial, arising out of an accident.
(b) Upon demand of any person who has, or claims to have, made the report, or upon demand of any court, the division shall furnish a certificate showing that a specified accident report has or has not been made to the division solely to prove a compliance or a failure to comply with the requirement that a report be made to the division.
(c) Accident reports may be used as evidence when necessary to prosecute charges filed in connection with a violation of Subsection (6).
(6) Any person who gives false information, knowingly or having reason to believe it is false, in an oral or written report as required in this chapter, is guilty of a class B misdemeanor.

Amended by Chapter 68, 2022 General Session

73-18-13.1 Accident involving property damage -- Duties of operator, occupant, and owner -- Penalties.
(1) As used in this section, “reason to believe” means information from which a reasonable person would believe that the person may have been involved in an accident.
(2)
(a) The operator of a vessel who has reason to believe that the operator may have been involved in an accident resulting only in damage to another vessel or other property shall remain at the scene of the accident until the operator has fulfilled the requirements of Section 73-18-13.
(b) If the operator has reason to believe that the operator may have been involved in an accident resulting in damage to another vessel or other property only after leaving the scene of the accident, the operator shall immediately comply as nearly as possible with the requirements of Section 73-18-13.
(3) A person who violates the provisions of this section is guilty of a class B misdemeanor.

Enacted by Chapter 153, 2012 General Session

73-18-13.2 Accident involving injury -- Stop at accident -- Penalty.
(1) As used in this section:
(a) “Reason to believe” means information from which a reasonable person would believe that the person may have been involved in an accident.
(b) “Serious bodily injury” means bodily injury which involves a substantial risk of death, unconsciousness, extreme physical pain, protracted and obvious disfigurement, or protracted loss or impairment of the function of a bodily member, organ, or mental faculty.
(2)
(a) The operator of a vessel who has reason to believe that the operator may have been involved in an accident resulting in injury to a person shall:
(i) immediately stop the vessel at the scene of the accident or as close to it as safely possible; and
(ii) remain at the scene of the accident until the operator has fulfilled the requirements of Section 73-18-13.
(b) If the operator of a vessel has reason to believe the operator may have been involved in an accident only after leaving the scene of the accident, the operator shall immediately comply as nearly as possible with the requirements of Section 73-18-13.
(3)
(a) Except as provided in Subsection (3)(b), a person who violates the provisions of Subsection (2):
(i) is guilty of a class A misdemeanor if the accident resulted in injury to any person; and
(ii) shall be fined not less than $750.
(b) A person who violates the provisions of Subsection (2):
(i) is guilty of a third degree felony if the accident resulted in serious bodily injury to a person; and
(ii) shall be fined not less than $750.

Enacted by Chapter 153, 2012 General Session

73-18-13.3 Accident involving death -- Stop at accident -- Penalty.
(1) As used in this section, “reason to believe” means information from which a reasonable person would believe that the person may have been involved in an accident.
(2)
(a) The operator of a vessel who has reason to believe that the operator may have been involved in an accident resulting in the death of a person shall:
(i) immediately stop the vessel at the scene of the accident or as close to it as safely possible; and
(ii) remain at the scene of the accident until the operator has fulfilled the requirements of Section 73-18-13.
(b) If the operator of a vessel has reason to believe the operator may have been involved in an accident only after leaving the scene of the accident, the operator shall immediately comply as nearly as possible with the requirements of Section 73-18-13.
(3) A person who violates the provisions of Subsection (2) is guilty of a third degree felony and shall be fined not less than $750.

Enacted by Chapter 153, 2012 General Session

73-18-13.5 Motorboat accidents -- Investigation and report of operator security -- Agency action if no security -- Surrender of registration materials.
(1)Upon request of a peace officer investigating an accident involving a motorboat as defined in Section 73-18c-102, the operator of the motorboat shall provide evidence of the owner’s or operator’s security required under Section 73-18c-301.
(2)The peace officer shall record on a form approved by the division:
(a)the information provided by the operator;
(b)whether the operator provided insufficient or no information; and
(c)whether the peace officer finds reasonable cause to believe that any information given is not correct.
(3)The peace officer shall deposit all completed forms with the peace officer’s agency, which shall forward the forms to the division no later than 10 days after receipt.
(4)
(a)The division shall revoke the registration of a motorboat as defined in Section 73-18c-102 involved in an accident unless the owner or operator can demonstrate to the division compliance with the owner’s or operator’s security requirement of Section 73-18c-301 at the time of the accident.
(b)Any registration revoked shall be renewed in accordance with Section 73-18-7.
(5)A person may appeal a revocation issued under Subsection (4) in accordance with procedures established by the division, after notifying the commission, by rule that are consistent with Title 63G, Chapter 4, Administrative Procedures Act.
(6)
(a)Any person whose registration is revoked under Subsection (4) shall return the registration card and decals for the motorboat to the division.
(b)If the person fails to return the registration materials as required, they shall be confiscated under Section 73-18-13.6.
(7)The division may, after notifying the commission, make rules for the enforcement of this section.
(8)In this section, “evidence of owner’s or operator’s security” includes any one of the following:
(a)the operator’s:
(i)insurance policy;
(ii)binder notice;
(iii)renewal notice; or
(iv)card issued by an insurance company as evidence of insurance;
(b)a copy of a surety bond, certified by the surety, which conforms to Section 73-18c-102;
(c)a certificate of the state treasurer issued under Section 73-18c-305; or
(d)a certificate of self-funded coverage issued under Section 73-18c-306.
(9)A person may provide evidence of owner’s or operator’s security as described in Subsection (8)(a) by displaying:
(a)a digital copy or photograph of the evidence of owner’s or operator’s security; or
(b)evidence of owner’s or operator’s security through a mobile application.

Amended by Chapter 236, 2024 General Session

73-18-13.6 Grounds for confiscation of registration materials by state -- Registration renewal.
(1)
(a) The division, any peace officer acting in an official capacity, or a person authorized under Subsection (2) may take possession of any registration card or decal issued by the state:
(i) upon revocation of it;
(ii) that is fictitious;
(iii) that has been unlawfully or erroneously issued; or
(iv) that is unlawfully or erroneously displayed.
(b) A receipt shall be issued that describes each confiscated item.
(2) The division may enter into contractual agreements with constables or other law enforcement agencies to facilitate confiscation of items listed in Subsection (1) if a person fails or refuses to surrender any of those documents to the division upon demand.
(3) The division shall renew a registration that has been revoked under this section in accordance with the provisions of Section 73-18-7.

Amended by Chapter 386, 2011 General Session

73-18-14 Transmittal of information to official or agency of United States.
          In accordance with any request duly made by an authorized official or agency of the United States, any information compiled or otherwise available to the division under Section 73-18-13 shall be transmitted to the official or agency of the United States.

Amended by Chapter 335, 2000 General Session

73-18-15 Division to adopt rules concerning water skiing and aquaplane riding and use of other devices towed behind a vessel.
          The division, after notifying the commission, shall adopt rules for the regulation and safety of water skiing and aquaplane riding, and the use of other devices that are towed behind a vessel pursuant to this section and in accordance with Section 73-18-16.

Amended by Chapter 68, 2022 General Session

73-18-15.1 Vessel navigation and steering laws.
(1) The operator of a vessel shall maintain a proper lookout by sight and hearing at all times to avoid the risk of collision.
(2) When the operators of two motorboats approach each other where there is risk of collision, each operator shall alter course to the right and pass on the left side of the other.
(3) When the operators of two motorboats are crossing paths and are at risk of a collision, the operator of the vessel that has the other vessel on its right side shall keep out of the way and yield right-of-way if necessary.
(4) The operator of any vessel overtaking any other vessel shall keep out of the way of the vessel being overtaken.
(5) The operator of a vessel underway shall keep out of the way of a:
(a) vessel not under command;
(b) vessel restricted in its ability to maneuver;
(c) vessel engaged in fishing; and
(d) sailing vessel.
(6) If the operator of one of two vessels is to keep out of the way, the other vessel operator shall maintain his course and speed unless it becomes apparent the other vessel is not taking the appropriate action.
(7) In narrow channels an operator of a vessel underway shall keep to the right of the middle of the channel.
(8) The operator of a vessel shall proceed at a safe speed at all times so that the operator can take proper and effective action to avoid collision and be stopped within a distance appropriate to the prevailing circumstances or conditions.
(9)
(a) When the operators of two sailboats are approaching one another so as to involve risk of collision, one of the operators shall keep out of the way of the other as follows:
(i) when each has the wind on a different side, the operator of the vessel that has the wind on the left side shall keep out of the way of the other;
(ii) when both have the wind on the same side, the operator of the vessel that is to the windward shall keep out of the way of the vessel that is to leeward; and
(iii) if the operator of a vessel with the wind on the left side sees a vessel to windward and cannot determine with certainty whether the other vessel has the wind on the left or on the right side, the operator shall keep out of way of the other vessel.
(b) For purposes of this Subsection (9), the windward side shall be the side opposite that on which the mainsail is carried.
(10) The operator of any vessel may not exceed a wakeless speed when within 150 feet of:
(a) another vessel;
(b) a person in or floating on the water;
(c) a water skier being towed by another boat;
(d) a water skier that had been towed behind the operator’s vessel unless the skier is still surfing or riding in an upright stance on the wake created by the vessel;
(e) a water skier that had been towed behind another vessel and the skier is still surfing or riding in an upright stance on the wake created by the other vessel;
(f) a shore fisherman;
(g) a launching ramp;
(h) a dock; or
(i) a designated swimming area.
(11) The operator of a motorboat is responsible for any damage or injury caused by the wake produced by the operator’s motorboat.
(12)
(a) Except as provided in Subsection (12)(b) or (12)(c), the operator of a motorboat that is less than 65 feet in length may not exceed a wakeless speed while any person is riding upon the bow decking, gunwales, transom, seatbacks, or motor cover.
(b) Subsection (12)(a) does not apply if the motorboat is:
(i) between 16 feet and 65 feet in length; and
(ii) the motorboat is equipped with adequate rails or other safeguards to prevent a person from falling overboard.
(c)
(i) As used in this Subsection (12)(c), “v-drive vessel” means a direct or v-drive vessel, and excludes a stern drive vessel, inboard-outboard vessel, outboard vessel, or reverse or forward drive vessel.
(ii) An individual may sit on a backward-facing stern seat of a v-drive vessel while an individual is behind the vessel if:
(A) the vessel is a v-drive vessel with the propeller underneath the vessel;
(B) the individual sitting in the seat is 16 years old or older;
(C) the vessel is operating at less than 15 miles per hour; and
(D) the vessel’s engine is built on or after July 1, 2017, or the vessel has installed a surf pipe or other extended exhaust system that puts exhaust in the water while under power.
(13) If a person is riding upon the bow decking of a motorboat that does not have designed seating for passengers, the person shall straddle one of the upright supports of the bow rail and may not block the vision of the operator.
(14) The operator of a vessel may not tow a water skier or a person on another device:
(a) unless an onboard observer, who is at least eight years of age, is designated by the operator to watch the person being towed; or
(b) between sunset and sunrise.
(15) A person who violates this section is guilty of a class C misdemeanor.

Amended by Chapter 159, 2023 General Session

73-18-15.2 Minimum age of operators -- Boating safety course for youth to operate personal watercraft.
(1)
(a) A person under 16 years of age may not operate a motorboat on the waters of this state unless the person is under the on-board and direct supervision of a person who is at least 18 years of age.
(b) A person under 16 years of age may operate a sailboat, if the person is under the direct supervision of a person who is at least 18 years of age.
(2) A person who is at least 12 years of age or older but under 16 years of age may operate a personal watercraft provided he:
(a) is under the direct supervision of a person who is at least 18 years of age;
(b) completes a boating safety course approved by the division; and
(c) has in his possession a boating safety certificate issued by the boating safety course provider.
(3) A person who is at least 16 years of age but under 18 years of age may operate a personal watercraft, if the person:
(a) completes a boating safety course approved by the division; and
(b) has in his possession a boating safety certificate issued by the boating safety course provider.
(4) A person required to attend a boating safety course under Subsection (3)(a) need not be accompanied by a parent or legal guardian while completing a boating safety course.
(5) A person may not give permission to another person to operate a vessel in violation of this section.
(6) As used in this section, “direct supervision” means oversight at a distance within which visual contact is maintained.
(7)
(a) The division may collect fees set by the division in accordance with Section 63J-1-504 from each person who takes the division’s boating safety course to help defray the cost of the boating safety course.
(b) Money collected from the fees collected under Subsection (7)(a) shall be deposited in the Boating Account.
(8) A violation of this section is an infraction.

Amended by Chapter 280, 2021 General Session

73-18-15.3 Personal watercraft -- Prohibition on operation between sunset and sunrise.
(1) A person may not operate a personal watercraft on the waters of this state between sunset and sunrise.
(2) A violation of this section is an infraction.

Amended by Chapter 303, 2016 General Session

73-18-15.5 Authorizing or permitting driving a vessel in violation of law.
(1) A person may not authorize or knowingly permit a vessel owned by him or that is under his control to be driven by a person in violation of this chapter or Title 41, Chapter 6a, Part 5, Driving Under the Influence and Reckless Driving.
(2) A person who violates Subsection (1) is guilty of a class C misdemeanor.

Amended by Chapter 2, 2005 General Session

73-18-16 Regattas, races, exhibitions -- Rules.
(1) The division may authorize the holding of regattas, motorboat or other boat races, marine parades, tournaments, or exhibitions on any waters of this state.
(2) The division, after notifying the commission, may adopt rules concerning the safety of vessels and persons, either as observers or participants, that do not conflict with the provisions of Subsections (3) and (4).
(3) A person may elect, at the person’s own risk, to wear a non-Coast Guard approved personal floatation device if the person is on an American Water Ski Association regulation tournament slalom course and is:
(a) engaged in barefoot water skiing;
(b) water skiing in an American Water Ski Association regulation competition;
(c) a performer participating in a professional exhibition or other tournament; or
(d) practicing for an event described in Subsection (3)(b) or (c).
(4) If a person is water skiing in an American Water Ski Association regulation tournament slalom course, an observer and flag are not required if the vessel is:
(a) equipped with a wide angle mirror with a viewing surface of at least 48 square inches; and
(b) operated by a person who is at least 18 years of age.
(5) A violation of this section is an infraction.

Amended by Chapter 68, 2022 General Session

73-18-17 Scope of application of chapter -- Identical local ordinances authorized -- Application for special local rules.
(1) This chapter, and other applicable laws of this state govern the operation, equipment, and numbering of vessels whenever any vessel is operated on the waters of this state, or when any activity regulated by this chapter takes place on the waters of this state.  Nothing in this chapter prevents the adoption of any ordinance or local law relating to operation and equipment of vessels, the provisions of which are identical to the provisions of this chapter, amendments to this chapter, and rules promulgated under this chapter.  Ordinances or local laws shall be operative only so long as and to the extent that they continue to be identical to provisions of this chapter, amendments to this chapter, and rules promulgated under this chapter.
(2) Any political subdivision of this state may, at any time, but only after public notice, formally apply to the division for special rules concerning the operation of vessels on any waters within its territorial limits.  The political subdivision shall set forth in the application the reasons which make special rules necessary or appropriate.

Amended by Chapter 280, 2021 General Session

73-18-18 Liability of owner for injury or damage occasioned by negligent operation of vessel by minor.
          The owner of a vessel shall be liable for any injury or damage occasioned by the negligent operation of such vessel, by a minor under the age of 18 years operating such vessel with the express or implied consent of the owner, whether under the laws of this state or by neglecting to observe such ordinary care and such operation as the rules of common law require.

Amended by Chapter 170, 1961 General Session

73-18-19 Publication of rules and regulations.
          The rules promulgated under this chapter shall be published as required by Title 63G, Chapter 3, Utah Administrative Rulemaking Act.

Amended by Chapter 382, 2008 General Session

73-18-20 Enforcement of chapter -- Authority to stop and board vessels -- Disregarding law enforcement signal to stop as misdemeanor -- Procedure for arrest.
(1) A law enforcement officer authorized under Title 53, Chapter 13, Peace Officer Classifications, may enforce this chapter, the rules made under this chapter, and the maintenance inspection program for vessels carrying passengers for hire implemented under this chapter.
(2) A law enforcement officer authorized under Title 53, Chapter 13, Peace Officer Classifications, has the authority to stop and board a vessel subject to this chapter, whether the vessel is on water or land.  If that law enforcement officer determines the vessel is overloaded, unseaworthy, or the safety equipment required by this chapter or rules of the division is not on the vessel, that law enforcement officer may prohibit the launching of the vessel or stop the vessel from operating.
(3) An operator who, having received a visual or audible signal from a law enforcement officer authorized under Title 53, Chapter 13, Peace Officer Classifications, to bring the operator’s vessel to a stop, operates the vessel in willful or wanton disregard of the signal so as to interfere with or endanger the operation of a vessel or endanger an individual, or who attempts to flee or elude the law enforcement officer whether by vessel or otherwise is guilty of a class A misdemeanor.
(4) Whenever an individual is arrested for a violation of this chapter or a rule made under this chapter, the procedure for arrest is the same as  described in Sections 77-7-23 and  77-7-24.

Amended by Chapter 280, 2021 General Session

73-18-20.1 Seizure of a vessel.
(1) A peace officer, without a warrant, may seize and take possession of a vessel:
(a) that is placed or being operated on the waters of this state with improper registration;
(b) that the peace officer has reason to believe has been stolen;
(c) on which any hull identification number or serial number for an engine or outboard motor has been defaced, altered, or obliterated;
(d) that has been abandoned on public land, highways, or waters of this state; or
(e) if the registration or title fees for the vessel or outboard motor have not been paid.
(2) If necessary for the transportation of a seized vessel, the vessel’s trailer may be seized to transport and store the vessel.
(3) Any peace officer seizing or taking possession of a vessel under this section shall comply with the provisions of Section 41-6a-1406.

Amended by Chapter 2, 2005 General Session

73-18-20.2 Defaced, altered, or obliterated identification or serial number -- Release of vessel.
          If the hull identification number or serial number for the engine or outboard motor of a vessel seized under Section 73-18-20.1 has been defaced, altered, or obliterated, the vessel may not be released until:
(1) the original manufacturer’s hull identification number or engine or outboard motor serial number has been replaced; or
(2) a new number assigned by the division or its authorized agent has been provided and has been affixed to the vessel, engine, or outboard motor.

Amended by Chapter 202, 2001 General Session

73-18-20.3 Falsified hull identification, engine, or motor number.
(1)A person is guilty of a third degree felony if the person:
(a)with fraudulent intent defaces, destroys, or alters a vessel hull identification number or serial number for an engine or outboard motor;
(b)places or stamps any vessel hull identification number upon a vessel or serial number upon an engine or outboard motor, except one assigned by the division or its authorized agent;
(c)knowingly buys, receives, disposes of, sells, offers for sale, or possesses any vessel, or engine or outboard motor removed from a vessel, from which the vessel hull identification number or engine or outboard motor serial number, has been removed, defaced, covered, altered, or destroyed for the purpose of concealing or misrepresenting the identity of the vessel, engine, or outboard motor;
(d)with intent to procure or pass title to a vessel or outboard motor, receives or transfers possession of a vessel or outboard motor which he knows or has reason to believe has been stolen or unlawfully taken; or
(e)possesses a vessel or outboard motor which the person knows or has reason to believe has been stolen or unlawfully taken, unless the person is a peace officer engaged at the time in the performance of peace officer duties.
(2)
(a)This section does not prohibit the restoration by an owner of an original vessel hull identification number or manufacturer’s serial number for an engine or outboard motor if the restoration is made by application to the division or its authorized agent.
(b)This section does not prohibit any manufacturer from placing, in the ordinary course of business, numbers or marks upon vessels, motors, outboard motors, or parts.

Amended by Chapter 302, 2025 General Session

73-18-20.4 Duty to report falsified vessel or motor number.
(1) Any person owning or operating a marina, marine dealership, service station, public garage, paint shop, or a vessel repair shop shall immediately notify the local police authorities of any vessel or outboard motor that has any numbers that have apparently been altered, obliterated, or removed.
(2) A violation of this section is a class B misdemeanor.

Amended by Chapter 412, 2015 General Session

73-18-20.5 Reporting of theft and recovery of vessels.
(1)
(a)Any peace officer upon receiving reliable information that any vessel or outboard motor has been stolen shall immediately report the theft to the Criminal Investigations and Technical Services Division of the Department of Public Safety, established in Section 53-10-103.
(b)Any peace officer upon receiving information that any vessel or outboard motor which was previously reported as stolen has been recovered shall immediately report the recovery to the peace officer’s law enforcement agency and to the Criminal Investigations and Technical Services Division.
(2)The reporting and recovery procedures for vessels and outboard motors shall be the same as those specified in Section 41-1a-1401 for motor vehicles.

Amended by Chapter 302, 2025 General Session

73-18-20.6 Report by owners or lienholders of thefts and recoveries.
(1) The owner, or person having a lien or encumbrance upon a registered vessel or outboard motor which has been stolen or embezzled, may notify the law enforcement agency having jurisdiction where the theft or embezzlement occurred.  If a vessel or outboard motor was embezzled, a report may be made only after having procured the issuance of a warrant for the arrest of the person charged with embezzlement.
(2) Any person who has given any notice under Subsection (1) shall notify the law enforcement agency where the theft or embezzlement was reported of a recovery of the vessel or outboard motor.

Enacted by Chapter 216, 1990 General Session

73-18-20.7 Unlawful control over vessels -- Penalties -- Effect of prior consent -- Accessory or accomplice.
(1)Any person who exercises unauthorized control over a vessel that the person does not own without the consent of the owner or lawful custodian and with intent to temporarily deprive the owner or lawful custodian of possession of the vessel, is guilty of a class A misdemeanor.
(2)An offense under this section is a third degree felony if the actor does not return the vessel to the owner or lawful custodian within 24 hours after the exercise of unauthorized control.
(3)The consent of the owner or legal custodian of a vessel to its control by the actor is not in any case presumed or implied because of the owner’s or legal custodian’s consent on a previous occasion to the control of the vessel by the same or a different person.
(4)Any person who assists in, or is a party or accessory to or an accomplice in, an unauthorized taking or operating of a vessel is guilty of a class A misdemeanor.

Amended by Chapter 302, 2025 General Session

73-18-21 Violation of chapter as class C misdemeanor.
          Unless otherwise specified, any person who violates any provision of this chapter or rule promulgated under this chapter is guilty of a class C misdemeanor.

Amended by Chapter 412, 2015 General Session

73-18-22 Boating Account created -- Contents -- Use of money.
(1) There is created within the General Fund a restricted account known as the Boating Account.
(2) The restricted account shall consist of, except as provided under Sections 73-18-24 and 73-18-25, all registration fees and related money collected by the division or an authorized agent, less the costs of collecting motorboat and sailboat registration fees by an authorized agent.
(3) The amount retained by an authorized agent under Subsection (2) may not exceed 20% of the fees charged in Section 73-18-7.
(4) Money in the Boating Account may be used for:
(a) the construction, improvement, operation, and maintenance of publicly owned boating facilities;
(b) boater education; and
(c) the payment of the costs and expenses of the division in administering and enforcing this chapter.

Amended by Chapter 195, 2020 General Session

Superseded 1/1/2026
73-18-22.3 Utah Boating Grant Account -- Grant program administered by the Division of Outdoor Recreation.
(1) There is created within the General Fund a restricted account known as the “Utah Boating Grant Account.”
(2) The Utah Boating Grant Account shall consist of:
(a) revenue deposited into the Utah Boating Grant Account under Subsection 59-2-405.2(7) from the statewide uniform fee on a vessel that is less than 31 feet in length and required to be registered with the state;
(b) legislative appropriations;
(c) contributions, grants, gifts, transfers, bequests, and donations specifically directed to the Utah Boating Grant Account; and
(d) interest and earnings on the Utah Boating Grant Account.
(3) An entity eligible for a grant funded through the Utah Boating Grant Account is:
(a) a water conservancy district;
(b) a state agency;
(c) a county; or
(d) a municipality, as defined in Section 10-1-104.
(4) Subject to appropriation, money in the Utah Boating Grant Account may be used for:
(a) construction, repair, and replacement of a publicly owned boating facility, including a boat ramp, courtesy dock, or parking lot;
(b) resource protection of waterway shorelines to prevent or minimize erosion created by vessel wave action;
(c) drought access mitigation;
(d) alternative access development for non-motorized vessels to decrease conflicts, congestion, and safety concerns on existing motorboat access ramps;
(e) search and rescue equipment; and
(f) the payment of the administrative costs of the Division of Outdoor Recreation in administering a grant under this section.
(5) The Division of Outdoor Recreation shall administer the grants under this section pursuant to rules made, after notifying the Outdoor Adventure Commission, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
(6) The Division of Outdoor Recreation shall consult with the advisory committee described in Section 73-18-3.5 before issuing a grant under this section.

Enacted by Chapter 159, 2023 General Session

Effective 1/1/2026
73-18-22.3 Utah Boating Grant Account -- Grant program administered by the Division of Outdoor Recreation.
(1)There is created within the General Fund a restricted account known as the “Utah Boating Grant Account.”
(2)The Utah Boating Grant Account shall consist of:
(a)revenue deposited into the Utah Boating Grant Account under  Section 59-34-102 from the Boating Grant Tax on a vessel that is less than 31 feet in length and required to be registered with the state;
(b)legislative appropriations;
(c)contributions, grants, gifts, transfers, bequests, and donations specifically directed to the Utah Boating Grant Account; and
(d)interest and earnings on the Utah Boating Grant Account.
(3)An entity eligible for a grant funded through the Utah Boating Grant Account is:
(a)a water conservancy district;
(b)a state agency;
(c)a county; or
(d)a municipality, as defined in Section 10-1-104.
(4)Subject to appropriation, money in the Utah Boating Grant Account may be used for:
(a)construction, repair, and replacement of a publicly owned boating facility, including a boat ramp, courtesy dock, or parking lot;
(b)resource protection of waterway shorelines to prevent or minimize erosion created by vessel wave action;
(c)drought access mitigation;
(d)alternative access development for non-motorized vessels to decrease conflicts, congestion, and safety concerns on existing motorboat access ramps;
(e)search and rescue equipment; and
(f)the payment of the administrative costs of the Division of Outdoor Recreation in administering a grant under this section.
(5)The Division of Outdoor Recreation shall administer the grants under this section pursuant to rules made, after notifying the Outdoor Adventure Commission, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
(6)The Division of Outdoor Recreation shall consult with the advisory committee described in Section 73-18-3.5 before issuing a grant under this section.

Amended by Chapter 336, 2025 General Session

73-18-23 Severability clause.
          If any provision of this act, or the application of any provision to any person or circumstance, is held invalid, the rest of this act shall not be affected thereby.

Enacted by Chapter 170, 1961 General Session

73-18-24 Search and rescue fee -- Amount -- Deposit.
(1) In addition to the fee imposed under Section 73-18-7, there is imposed a search and rescue fee of 50 cents on each motorboat or sailboat required to pay the fee imposed under Subsection 73-18-7(2) to be registered or renewed under Section 73-18-7.
(2) The fees imposed under this section shall be collected in the same manner and by the same agency designated to collect the fees imposed under this chapter.
(3) The fees collected under this section shall be deposited in the General Fund as dedicated credits for the Search and Rescue Financial Assistance Program created under Section 53-2a-1101.

Amended by Chapter 295, 2013 General Session

73-18-25 Fees to cover the costs of electronic payments.
(1) As used in this section:
(a) “Electronic payment” has the same meaning as defined in Section 41-1a-1221.
(b) “Electronic payment fee” has the same meaning as defined in Section 41-1a-1221.
(2)
(a) The Motor Vehicle Division may collect an electronic payment fee on all registrations and renewals of registration under Section 73-18-7.
(b) The fee described under Subsection (2)(a) shall be imposed regardless of the method of payment for a particular transaction.
(3) The Motor Vehicle Division shall establish the fee according to the procedures and requirements of Section 63J-1-504.
(4) A fee imposed under this section:
(a) shall be deposited in the Electronic Payment Fee Restricted Account created by Section 41-1a-121;
(b) is not subject to Subsection 63J-1-105(3) or (4); and
(c) need not be separately identified from the fees imposed on registrations and renewals of registration under Section 73-18-7.

Amended by Chapter 469, 2018 General Session

73-18-25.3 Collection of the aquatic invasive species fee.
(1) A person who applies for a vessel registration or registration renewal under Section 73-18-7 may pay the aquatic invasive species fee required under Section 23A-10-304 at the time of registration or registration renewal. If the Division of Motor Vehicles collects the registration fee and a person elects to pay the aquatic invasive species fee at the same time, the payment of the aquatic invasive species fee under this section shall be:
(a) collected by the Division of Motor Vehicles;
(b) treated as a separate fee and not part of the registration fee; and
(c) deposited into the Aquatic Invasive Species Interdiction Account created in Section 23A-3-211, less actual administrative costs associated with collecting and transferring the aquatic invasive species fee by the Division of Motor Vehicles.
(2) Notwithstanding Section 41-1a-116, the Division of Motor Vehicles shall report to the Division of Wildlife Resources identifying information regarding a person who pays the aquatic invasive species fee so that the Division of Wildlife Resources may provide a decal to that person in accordance with Subsection 23A-10-201(6).

Enacted by Chapter 244, 2023 General Session

Chapter 18a
Boating - Litter and Pollution Control

73-18a-1 Definitions.
          As used in this chapter:
(1) “Commission” means the Outdoor Adventure Commission.
(2) “Division” means the Division of Outdoor Recreation.
(3) “Human body waste” means excrement, feces, or other waste material discharged from the human body.
(4) “Litter” means any bottles, glass, crockery, cans, scrap metal, junk, paper, garbage, rubbish, or similar refuse discarded as no longer useful.
(5) “Marine toilet” means any toilet or other receptacle permanently installed on or within any vessel for the purpose of receiving human body waste.  This term does not include portable toilets which may be removed from a vessel in order to empty its contents.
(6) “Operate” means to navigate, control, or otherwise use a vessel.
(7) “Operator” means the person who is in control of a vessel while it is in use.
(8) “Owner” means a person, other than a lien holder, holding a proprietary interest in or the title to a vessel.  The term does not include a lessee under a lease not intended as security.
(9) “Vessel” means every type of watercraft, other than a seaplane on the water, used or capable of being used as a means of transportation on water.
(10) “Waters of this state” means all waters within the territorial limits of this state except those used exclusively for private purposes.

Amended by Chapter 68, 2022 General Session

73-18a-2 Littering and pollution of water or lands prohibited -- Penalty.
(1) A person may not place, throw, deposit, discard, drop, or discharge and the operator of a vessel may not permit to be placed, thrown, deposited, discarded, dropped, or discharged into or upon the waters of this state, or lands adjacent to these waters any litter, human body waste, or other liquid or solid materials which may render the water or lands unsightly, noxious, or otherwise unwholesome or detrimental to the public health or welfare or the enjoyment of the water or lands for all legitimate uses, including recreational purposes.
(2) A person violating any provision of Subsection (1) is guilty of a class B misdemeanor and shall be fined not less than $100 for each violation.

Amended by Chapter 33, 1991 General Session

73-18a-3 Marine toilets -- Use without pollution control device prohibited -- Containers of body waste -- Discharge into waters prohibited.
(1) No marine toilet on any vessel used or operated upon the waters of this state may be operated so as to discharge any inadequately treated human body waste into or upon waters of this state directly or indirectly.
(2) No person owning or operating a vessel with a marine toilet may use, or permit the use of, a toilet on the waters of this state, unless the toilet is equipped with facilities that will adequately treat, hold, incinerate, or otherwise handle human body waste in a manner that is capable of preventing water pollution.
(3) No container of human body waste may be placed, left, discharged, or caused to be placed, left, or discharged into or upon any waters of this state or lands adjacent to these waters by any person at any time.

Amended by Chapter 197, 1986 General Session

73-18a-4 Marine toilets -- Pollution control devices required -- Rules established by division.
(1) Every marine toilet on a vessel used or operated upon the waters of this state shall be equipped with an approved pollution control device in operative condition.
(2) The division, after notifying the commission, shall make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, as provided in this chapter, establishing criteria or standards for definition and approval of acceptable pollution control devices for vessels.

Amended by Chapter 68, 2022 General Session

73-18a-5 Chemical treatment of marine toilet contents -- Rules established by division and Department of Environmental Quality.
          The division, after notifying the commission, shall establish by rule, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, with approval by the Department of Environmental Quality, as provided in this chapter, standards relating to chemical treatment of marine toilet contents.

Amended by Chapter 68, 2022 General Session

73-18a-8 Public marinas -- Duty to maintain waste disposal facilities.
          The owner or whoever is lawfully vested with the possession, management, or control of a public marina or other public waterside facility used by a vessel for launching, docking, mooring, and related purposes shall be required to have, and properly maintain, waste receptacles or similar devices of proper design for the depositing of waste, litter, and human body waste, as required at locations where they can be conveniently used by a vessel’s occupants.  Waterside toilet facilities may be required if their absence contributes to or creates unsightliness or a hazard to the public health and welfare.

Amended by Chapter 197, 1986 General Session

73-18a-9 Public educational program.
          The division may undertake and enlist the support and cooperation of all agencies, political subdivisions, and organizations to conduct a public educational program designed to inform the public of the undesirability of depositing trash, litter, and other objectionable materials in the waters of this state and the penalties provided by this chapter for such action.  The division may use funds provided by the Legislature for this purpose.  The division may utilize all means of communication in the conduct of this program.

Amended by Chapter 197, 1986 General Session

73-18a-10 Enforcement -- Inspection of vessels, marinas, and other boating facilities.
          Enforcement of this chapter or the rules promulgated under it shall be by law enforcement officers. Any vessel in this state is subject to inspection by the officers for the purpose of determining whether the vessel is equipped in compliance with this chapter.  If the vessel is not so equipped, the division may suspend its registration until the proper installation is completed or the marine toilet is sealed in a manner which prohibits its use.  The division may inspect marinas or other waterside public facilities used by vessels for launching, docking, or mooring purposes to determine whether they are adequately equipped for proper handling, storing, or disposal of waste, litter, or human body waste.

Amended by Chapter 99, 1987 General Session

73-18a-11 Regulation by political subdivisions prohibited -- Exception.
          Through the passage of this chapter, the state fully reserves to itself the exclusive right to establish requirements concerning the disposal of human body waste and litter from a vessel. To ensure statewide uniformity of the disposal of litter or human body waste from a vessel, regulation, other than the adoption for local enforcement of state rules, by any political subdivision of the state is prohibited.

Amended by Chapter 197, 1986 General Session

73-18a-12 Rules made -- Subject to approval by Department of Environmental Quality.
          The division, after notifying the commission, may make rules under Title 63G, Chapter 3, Utah Administrative Rulemaking Act, which are necessary for the carrying out of duties, obligations, and powers conferred on the division by this chapter.  These rules shall be subject to review and approval by the Department of Environmental Quality.  This approval shall be recorded as part of the rules.

Amended by Chapter 68, 2022 General Session

73-18a-13 Publication of rules.
          The rules promulgated under this chapter shall be published as required by the Utah Administrative Rulemaking Act.

Amended by Chapter 99, 1987 General Session

73-18a-14 Violation of chapter as class B misdemeanor.
          Unless otherwise specified, any person who violates any provision of this chapter or rule promulgated under this chapter is guilty of a class B misdemeanor.

Amended by Chapter 99, 1987 General Session

73-18a-15 Arrest for violation -- Procedure.
          Whenever any individual is arrested for any violation of the provisions of this chapter or a rule made under this chapter, the procedure for arrest is the same as  described in Sections 77-7-23 and  77-7-24.

Amended by Chapter 150, 2018 General Session

73-18a-18 Act supplemental to other laws.
          This act shall not be construed as repealing any laws of the state relating to the pollution or littering of waters or lands thereof or any conservation laws, but shall be held and construed as auxiliary and supplemental thereto.

Enacted by Chapter 195, 1967 General Session

Chapter 18b
Water Safety

73-18b-1 Water safety rules and regulations -- Adoption.
(1) The Division of Outdoor Recreation, after notifying the Outdoor Adventure Commission, may make rules necessary to promote safety in swimming, scuba diving, and related activities on any waters where public boating is permitted.
(2) The Division of Outdoor Recreation may consider recommendations of and cooperate with other state agencies and the owners or operators of those waters.

Amended by Chapter 68, 2022 General Session

73-18b-2 Filing and publishing regulations.
          A copy of the regulations adopted pursuant to this act and any amendments thereto shall be filed in the office of the commission and with the Division of Archives and shall be published in a convenient form.

Amended by Chapter 67, 1984 General Session

73-18b-4 Enforcement of regulations.
          A law enforcement officer authorized under Title 53, Chapter 13, Peace Officer Classifications, may enforce this chapter and rules made under the authority of this chapter.

Amended by Chapter 280, 2021 General Session

Chapter 18c
Financial Responsibility of Motorboat Owners and Operators Act

Part 1
General Provisions

73-18c-101 Title.
          This chapter is known as the “Financial Responsibility of Motorboat Owners and Operators Act.”

Amended by Chapter 211, 2006 General Session

73-18c-102 Definitions.
          As used in this chapter:
(1) “Airboat” means a vessel propelled by air pressure caused by an airplane type propeller mounted above the stern and driven by an internal combustion engine.
(2) “Commission” means the Outdoor Adventure Commission.
(3) “Division” means the Division of Outdoor Recreation.
(4) “Judgment” means any judgment that is final by:
(a) expiration without appeal of the time within which an appeal might have been perfected; or
(b) final affirmation on appeal, rendered by a court of competent jurisdiction of any state or of the United States, upon a cause of action for damages:
(i) arising out of the ownership, maintenance, or use of any personal watercraft, including damages for care and loss of services because of bodily injury to or death of any person, or because of injury to or destruction of property including the loss of use of the property; or
(ii) on a settlement agreement.
(5)
(a) “Motorboat” has the same meaning as defined in Section 73-18-2.
(b) “Motorboat” includes personal watercraft regardless of the manufacturer listed horsepower.
(c) “Motorboat” does not include:
(i) a boat with a manufacturer listed horsepower of 50 horsepower or less; or
(ii) an airboat.
(6) “Nonresident” means any person who is not a resident of Utah.
(7) “Operator” means the person who is in control of a motorboat while it is in use.
(8)
(a) “Owner” means a person, other than a lien holder, holding a proprietary interest in or the title to a motorboat.
(b) “Owner” includes a person entitled to the use or possession of a motorboat subject to an interest by another person, reserved or created by agreement and securing payment or performance of an obligation.
(c) “Owner” does not include a lessee under a lease not intended as security.
(9) “Owner’s or operator’s security,” “owner’s security,” or “operator’s security” means any of the following:
(a) an insurance policy or combination of policies conforming to Sections 31A-22-1502 and 31A-22-1503, which is issued by an insurer authorized to do business in Utah;
(b) a surety bond issued by an insurer authorized to do a surety business in Utah in which the surety is subject to the minimum coverage limits and other requirements of policies conforming to Sections 31A-22-1502 and 31A-22-1503, which names the division as a creditor under the bond for the use of persons entitled to the proceeds of the bond;
(c) a deposit with the state treasurer of cash or securities complying with Section 73-18c-305;
(d) a certificate of self-funded coverage issued under Section 73-18c-306; or
(e) a policy conforming to Sections 31A-22-1502 and 31A-22-1503 issued by the Risk Management Fund created in Section 63A-4-201.
(10) “Personal watercraft” has the same meaning as provided in Section 73-18-2.
(11) “Registration” means the issuance of the registration cards and decals issued under the laws of Utah pertaining to the registration of motorboats.
(12) “Registration materials” means the evidences of motorboat registration, including all registration cards and decals.
(13) “Self-insurance” has the same meaning as provided in Section 31A-1-301.
(14) “Waters of the state” means any waters within the territorial limits of this state.

Amended by Chapter 68, 2022 General Session

73-18c-103 Liability not limited to face amount of owner’s security.
(1) If a person maintains owner’s security under this chapter, it does not limit the person’s liability to the face amount of the owner’s security.
(2) Nothing in this chapter prevents the plaintiff in any action at law from relying for relief upon other processes provided by law.

Enacted by Chapter 348, 1997 General Session

Part 2
Administration

73-18c-201 Division to administer and enforce chapter -- Division may adopt rules.
(1)
(a) The division shall administer this chapter.
(b) A law enforcement officer authorized under Title 53, Chapter 13, Peace Officer Classifications, may enforce this chapter and the rules made under this chapter.
(2) The division, after notifying the commission, may adopt rules as necessary for the administration of this chapter in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.

Amended by Chapter 68, 2022 General Session
Amended by Chapter 274, 2022 General Session

Part 3
Owner’s or Operator’s Security Requirement

73-18c-301 Requirement of owner’s or operator’s security.
(1) Each resident owner of a motorboat shall maintain owner’s or operator’s security in effect at any time that the motorboat is operated on waters of the state.
(2) Each nonresident owner of a motorboat that has been physically present in this state for 90 or fewer days during the preceding 365 days shall maintain the type and amount of owner’s or operator’s security required in his or her place of residence at any time the motorboat is operated on waters of the state.
(3) Each nonresident owner of a motorboat that has been physically present in this state more than 90 days during the preceding 365 days shall thereafter maintain owner’s or operator’s security in effect at any time the motorboat is operated on waters of the state.
(4) The state and each of its political subdivisions and their respective departments, institutions, or agencies shall maintain owner’s or operator’s security in effect at any time their personal watercraft are operated on waters of the state.
(5) Any other state is considered a nonresident owner of its motorboat and is subject to Subsection (2) or (3).
(6) The United States, any political subdivision of it, or any of its agencies may maintain owner’s or operator’s security in effect for their motorboats.

Amended by Chapter 211, 2006 General Session

73-18c-302 Operating motorboats without owner’s or operator’s security -- Penalty.
(1) Any owner of a motorboat on which owner’s or operator’s security is required under Section 73-18c-301, who operates the motorboat or permits it to be operated on waters of the state without owner’s security being in effect is guilty of a class C misdemeanor.
(2) Any other person who operates a motorboat upon waters of the state with the knowledge that the owner does not have owner’s security in effect for the motorboat is also guilty of a class C misdemeanor, unless that person has in effect owner’s or operator’s security on a Utah-registered motorboat or its equivalent that covers the operation, by him or her, of the motorboat in question.

Amended by Chapter 412, 2015 General Session

73-18c-303 Condition to obtaining registration.
          The owner of a motorboat required to maintain owner’s security under Section 73-18c-301 shall be required to swear or affirm, in writing, that he or she has owner’s security in effect at the time of registering the motorboat.

Amended by Chapter 211, 2006 General Session

73-18c-304 Evidence of owner’s or operator’s security to be carried when operating motorboat -- Defense -- Penalties.
(1)
(a)
(i)Except as provided in Subsection (1)(a)(ii), a person operating a motorboat shall:
(A)have in the person’s immediate possession evidence of owner’s or operator’s security for the motorboat the person is operating; and
(B)display it upon demand of a peace officer.
(ii)A person operating a government-owned or government-leased motorboat is exempt from the requirements of Subsection (1)(a)(i).
(b)Evidence of owner’s or operator’s security includes any one of the following:
(i)the operator’s:
(A)insurance policy;
(B)binder notice;
(C)renewal notice; or
(D)card issued by an insurance company as evidence of insurance;
(ii)a copy of a surety bond, certified by the surety, which conforms to Section 73-18c-102;
(iii)a certificate of the state treasurer issued under Section 73-18c-305;
(iv)a certificate of self-funded coverage issued under Section 73-18c-306;
(v)a digital copy or photograph of the evidence of owner’s or operator’s security described in Subsections (1)(b)(i) through (iv); or
(vi)a mobile application displaying evidence of owner’s or operator’s security described in Subsections (1)(b)(i) through (iv).
(2)It is an affirmative defense to a charge under this section that the person had owner’s or operator’s security in effect for the motorboat the person was operating at the time of the person’s citation or arrest.
(3)
(a)A letter from an insurance producer or company verifying that the person had the required liability insurance coverage on the date specified is considered proof of owner’s or operator’s security for purposes of Subsection (2).
(b)The court considering a citation issued under this section shall allow the letter under Subsection (3)(a) and a copy of the citation to be faxed or mailed to the clerk of the court to satisfy Subsection (2).
(4)A violation of this section is a class C misdemeanor.
(5)If a person is convicted of a violation of this section and if the person is the owner of a motorboat, the court shall:
(a)require the person to surrender the person’s registration materials to the court; and
(b)forward the registration materials, together with a copy of the conviction, to the division.
(6)
(a)Upon receiving notification from a court of a conviction for a violation of this section, the division shall revoke the person’s motorboat registration.
(b)Any registration revoked shall be renewed in accordance with Section 73-18-7.

Amended by Chapter 236, 2024 General Session

73-18c-305 State treasurer’s certificate to satisfy owner’s or operator’s security requirement.
(1) A certificate of the state treasurer that conforms to this section satisfies the owner’s or operator’s security requirement of Section 73-18c-301.
(2) The certificate of the state treasurer shall certify that the person named in it has deposited in trust with the state treasurer cash in an amount equal to twice the single limit under Subsection 31A-22-1503(2) or securities with a fair market value of a similar amount, which securities are legal investments for insurers under Section 31A-18-105.  The state treasurer may not accept a deposit and issue a certificate for it, unless the deposit is accompanied by evidence that there are no unsatisfied liens of any character on the assets deposited.
(3) The deposit shall be held by the state treasurer in trust to satisfy any execution on a judgment that would be paid under an insurance policy conforming to Sections 31A-22-1502 and 31A-22-1503 had the treasurer issued such a policy.
(4) Except as provided under Subsection (3), assets deposited with the treasurer under this chapter are exempt from attachment or execution.

Enacted by Chapter 348, 1997 General Session

73-18c-306 Certificate of self-funded coverage as proof of owner’s or operator’s security.
(1) The division may, upon the application of any person, issue a certificate of self-funded coverage when it is satisfied that the person has:
(a) more than 24 motorboats; and
(b) on deposit, in a form approved by the division, cash or securities in an amount of $200,000 plus $100 for each motorboat up to and including 1,000 motorboats and $50 for each motorboat over 1,000 motorboats.
(2) Persons holding a certificate of self-funded coverage under this chapter shall pay benefits to persons injured from the self-funded person’s operation, maintenance, and use of motorboats as would an insurer issuing a policy to the self-funded person containing the coverages under Sections 31A-22-1502 and 31A-22-1503.
(3) In accordance with Title 63G, Chapter 4, Administrative Procedures Act, the division may, upon reasonable grounds, cancel the certificate.  Failure to pay any judgment up to the limit under Subsection 31A-22-1503(2) within 30 days after the judgment is final is a reasonable ground to cancel the certificate.
(4) Any government entity with self-funded coverage for government-owned motorboats under Title 63G, Chapter 7, Governmental Immunity Act of Utah, meets the requirements of this section.

Amended by Chapter 382, 2008 General Session

73-18c-307 Claims adjustment by persons with owner’s or operator’s security other than insurance.
(1) An owner or operator of a motorboat who maintains owner’s or operator’s security by a means other than an insurance policy under Section 73-18c-102, shall refer all bodily injury claims against the owner’s or operator’s security to an independent adjuster licensed under Title 31A, Chapter 26, Insurance Adjusters, or to an attorney.
(2) Unless otherwise provided by contract, any motorboat claim adjustment expense incurred by a person maintaining owner’s or operator’s security by a means other than an insurance policy under Section 73-18c-102, shall be paid by the person who maintains this type of owner’s or operator’s security.
(3) Owners and operators of motorboats maintaining owner’s or operator’s security by a means other than an insurance policy under Section 73-18c-102 are subject to the claim adjustment provisions of Title 31A, Chapter 26, Part 3, Claim Practices, in connection with claims against persons which arise out of the ownership, maintenance, or use of a motorboat.

Amended by Chapter 211, 2006 General Session

73-18c-308 Providing false evidence of owner’s or operator’s security -- Penalty.
(1) A person who provides evidence of owner’s or operator’s security to a peace officer under Section 73-18-13.5 or 73-18c-304 knowing or having reason to believe that the evidence of owner’s or operator’s security is false or that it is evidence of owner’s or operator’s security that is not in effect is guilty of a class B misdemeanor.
(2) A person is guilty of a class A misdemeanor if the person:
(a) forges or, without authority, signs any evidence of proof of owner’s or operator’s security; or
(b) falsely swears or affirms when obtaining a registration under Section 73-18c-303.

Enacted by Chapter 348, 1997 General Session

Chapter 20
Emergency Water Resources

73-20-1 Purpose of act -- Legislative finding.
          It is the purpose of this act to provide financial assistance to commercial farmers and ranchers within the state who own or lease commercial farms or ranches and who are engaged primarily in the production of basic livestock herds in conjunction with such agricultural activity to enable them to provide adequate water supplies for the maintenance and preservation of such herds.
          The Legislature finds that drought conditions in the state have resulted in a severe deterioration of range and pasture land which will have a detrimental effect upon the basic livestock industry within the state and upon the people of the state unless financial assistance for the purpose of developing emergency water resources to water basic livestock are made available to those in need.

Enacted by Chapter 6, 1977 Special Session 1
Enacted by Chapter 6, 1977 Special Session 1

73-20-2 Definitions.
          As used in this chapter:
(1) “Advisory board executive committee” means the executive committee of the Agricultural Advisory Board created by Section 4-2-108.
(2) “Basic livestock” means a herd of cattle, sheep, or swine kept and maintained primarily for breeding purposes.
(3) “Board” means the Board of Water Resources created by Section 73-10-1.5.
(4) “Commercial farm” means a tract or tracts of land with or without improvements recognized as a farm or ranch in this state which is owned and operated or leased and operated by the applicant, and used in the production and raising of basic livestock.
(5) “Farmer” means any person who owns and operates or leases and operates a commercial farm in this state, and includes individuals, partnerships and corporations.

Amended by Chapter 126, 2021 General Session

73-20-3 Authority of Board of Water Resources.
          The board is authorized to develop water resources and make such resources available to farmers and ranchers based upon demonstrated need from emergency funds appropriated and deposited in the emergency water resources construction account created pursuant to this act, for the exclusive purpose of developing and making water resources available to farmers and ranchers including, but not limited to, the development of springs, the drilling of wells, the installation of necessary water pipes, the construction of livestock watering storage ponds and the construction of livestock watering troughs or other watering facilities.

Enacted by Chapter 6, 1977 Special Session 1
Enacted by Chapter 6, 1977 Special Session 1

73-20-4 Qualification for financial assistance.
          To qualify for financial assistance under this act the farmer shall:
(1) make written original application to the advisory board executive committee and to the board on forms prescribed by the board in conjunction with the advisory board executive committee;
(2) own or hold under lease a commercial farm which contributed more than one-half of the farmer’s or rancher’s gross income from all income sources for the taxable year 1976; and
(3) comply with any condition imposed by the board for financial assistance pursuant to authority granted the board under Section 73-20-3.

Amended by Chapter 126, 2021 General Session

73-20-5 Consultation with the executive committee of the Agricultural Advisory Board.
          The board, before making any expenditure of emergency funds appropriated under this chapter, shall consult with and receive the advice of the advisory board executive committee with respect to the demonstrated need for financial assistance in the form of the development of a water resource.

Amended by Chapter 126, 2021 General Session

73-20-6 Payment for emergency water resource developments.
          The terms and conditions of payment for emergency water resource developments constructed pursuant to this act shall be set forth in a written contract prepared by the Division of Water Resources under the direction of the board and shall be executed by the farmer or rancher benefited. The substantive terms and conditions for payment shall be specified in the sole discretion of the board and shall appear in such contract. Title to any emergency water resource constructed under this act shall remain in the Division of Water Resources until the actual cost of the project is paid for in full by the benefited farmer or rancher.

Enacted by Chapter 6, 1977 Special Session 1
Enacted by Chapter 6, 1977 Special Session 1

73-20-7 Feasibility study required before approval of assistance.
          Before approval of any application for financial assistance under this act, the board shall cause the division of water resources to conduct a feasibility study. Such cost-efficient study shall include all costs of acquisition and construction as well as costs incurred for preliminary planning, engineering, legal, fiscal and economic investigations and studies, surveys, designs, plans, working drawings, specifications, and any other action necessary for the construction or improvement of the proposed water resource. The board may assess reasonable charges to a farmer or rancher for the cost of a feasibility study.

Enacted by Chapter 6, 1977 Special Session 1
Enacted by Chapter 6, 1977 Special Session 1

73-20-8 Emergency Water Resources Account -- Creation -- Purpose.
          There is hereby created within the Water Resources Construction Fund an account to be known as the “Emergency Water Resources Account,” the proceeds of which shall be used exclusively for the development of emergency water resources.

Amended by Chapter 169, 1988 General Session

73-20-9 Emergency Water Resources Account -- Appropriation -- Purpose.
          There is hereby appropriated to the Emergency Water Resources Account from the General Fund, from otherwise unappropriated liquor control profits, the sum of $2,000,000 to be expended exclusively for the construction or improvement of water resources for eligible farmers or ranchers.

Enacted by Chapter 6, 1977 Special Session 1
Enacted by Chapter 6, 1977 Special Session 1

73-20-10 Proceeds deposited to Water Resources Construction Fund.
          The proceeds from the payment for emergency water resources from farmers and ranchers shall be deposited to the Water Resources Construction Fund for use in accordance with the purposes of such fund.

Amended by Chapter 169, 1988 General Session

73-20-11 Transfer of funds -- Purposes.
(1) On the effective date of this act $1,500,000 shall be transferred from the Emergency Water Resources Account created under Section 73-20-8 and initially funded under Section 73-20-9 to the water and power board construction fund proper.
(2) The balance remaining in the Emergency Water Resources Account after the transfer authorized by Subsection (1) of this section may be used for all purposes provided for under Title 73, Chapter 20, Emergency Water Resources, through December 31, 1978. Any amount in this account then remaining uncommitted shall be transferred immediately to the water and power board construction fund proper.
(3) Any amounts so transferred under Subsection (1) or (2) of this section shall be substantially used initially for agriculturally-related projects.

Enacted by Chapter 37, 1978 General Session

Chapter 21
Ute Indian Water Compact

73-21-101 Title.
          This chapter is known as the “Ute Indian Water Compact.”

Enacted by Chapter 275, 2018 General Session

73-21-102 Approval of Ute Indian Water Compact.
          The Ute Indian Water Compact, located at Section 73-21-103, providing for the execution by the State of Utah, the Ute Indian Tribe of the Uintah and Ouray Reservations, Utah, and the United States of America, through their various representatives, is hereby authorized, confirmed, ratified, and approved for the State of Utah.

Enacted by Chapter 275, 2018 General Session

73-21-103 Text.
UTE INDIAN WATER COMPACT
          The State of Utah, the Ute Indian Tribe of the Uintah and Ouray Reservation, Utah, and the United States of America, acting through their respective representatives agree to a Ute Indian Water Compact as follows:
ARTICLE I
Purpose of Compact
          The purpose of this Compact is to remove the causes of present and future controversy over the quantification, distribution, and use of all waters claimed by or through the Ute Indian Tribe.
ARTICLE II
Legal Basis for Compact
          This Compact is made in accordance with the Constitution and Laws of the United States, the State of Utah, and the Ute Indian Tribe.
ARTICLE III
Water
          There is hereby apportioned, confirmed, and recognized from the waters apportioned to the State of Utah from the Colorado River System to the United States of America in perpetuity, in trust, as Winters Doctrine water rights for the Ute Indian Tribe and others, the depletion of water in the amount of 248,943 acre-feet per annum, and the related gross diversion requirement of 470,594 acre-feet per annum, from all sources in accordance with and as more fully set out in the “Tabulation of Ute Indian Water Rights” attached hereto and on file with the Utah State Engineer. The priority date of October 3, 1861, is recognized for land groups 1 through 5, except for water supplied from storage in the Central Utah Project, and the priority date of January 5, 1882, is recognized for land groups 6 and 7, unless indicated otherwise in the Tabulation. Tables 1, 2, and 3 of the Tabulation list the total irrigable acreage, maximum allowable depletions and diversion requirements, respectively, for each of the land groups by stream. No water rights held in trust can be transferred from the lands listed in said groups without approval of the Secretary of the Interior.
          As provided in the Tabulation attached to this Compact, the Tribe shall take from the Green River in lieu of other sources the 57,948 acre-foot depletion of water allocable to the Tribe’s group 5 lands. The parties further agree to share the net income from any sale or lease of such Green River water to third parties. The net income will be 80% to the Ute Indian Tribe and 20% to the State of Utah. The payment to the State of Utah will be made promptly upon the receipt by the Ute Indian Tribe of its payment of net income, and will be deposited in the Utah Division of Water Resources’ Conservation & Development Fund. Any dispute relating to the calculation of such amounts will be subject to binding arbitration with no right of judicial review. The priority of such water rights for group 5 lands shall be October 3, 1861.
          In addition to the water allocated under the previous paragraphs, there is hereby apportioned, confirmed, and recognized to the United States of America in perpetuity, in trust, for the Ute Indian Tribe the depletion of 10,000 acre-feet of water annually having a priority date of October 3, 1861, for municipal and industrial purposes, which shall be diverted from the Green River. To the extent that the Tribe or its members use water other than for irrigation purposes, the quantity so used shall be included within said 10,000 acre-feet unless a transfer of water from the land listed in the Tabulation is properly made.
          No water allocated pursuant to this Compact shall be subject to loss or forfeiture under the laws of the State of Utah or otherwise. Further, the water allocated herein shall not be restricted to any particular use, but may be used for any purpose selected by the Tribe in accordance with the procedures provided for in this Compact.
          The quantities of water apportioned hereby include all water rights of every nature and description derived from the reserved water rights doctrine, from all sources of water, both surface and underground, and includes all types and kinds of uses, whether municipal, industrial, recreational, in-stream uses, sale, exchange, lease, or any other use whatsoever, and encompasses all claims asserted by or through the Ute Indian Tribe, and all persons and entities other than the Tribe whose claims or rights are derived, directly or indirectly, from the reserved water rights of the Tribe. Thus, any water rights adjudicated or otherwise established in the future on behalf of any person or entity and based upon a claim, directly or indirectly, through any reserved water rights of the Tribe shall be included within and as a part of the water quantified by this Compact. Any state water rights acquired by the Tribe for land to which a reserved right is recognized herein shall be forfeited.
          Included within the practicably irrigable acreages are (1) tribal lands and individual Indian allotments; (2) Uintah Indian Irrigation Project lands, which include tribal lands, allotments, and some private lands which were originally allotted lands, and (3) some few lands distributed to former tribal members terminated in accordance with the Ute Partition Act, approved August 27, 1954 (P.L. 83-671, 68 Stat. 868, 25 U.S.C. Sections 667-667aa). Nothing in this Compact shall enlarge or diminish the scope of or otherwise affect either the United States’ trust responsibility, if any, or the Ute Indian Tribe’s responsibility, if any, to those persons who have been designated as mixed-bloods under the Act of August 27, 1954 (68 Stat. 868). The total acreage under irrigation or susceptible to sustained production of agricultural crops by means of irrigation is recognized as 129,201 acres, reduced by 7% to 120,157 acres to reflect roads, yards, fences, rights-of-way, and other non-productive lands. All lands in the Uintah Indian Irrigation Project are designated assessable or non-assessable. The Secretary of the Interior is authorized to change the designation from one to the other.
          Nothing contained herein shall be construed to preclude the United States as Trustee for the Ute Indian Tribe, the Ute Indian Tribe, or any of its members from filing application with the Utah State Engineer for the appropriation of additional water under the laws of the State of Utah.
          The diversion and depletion requirements for the water rights apportioned under this Compact are set forth in Tables 1, 2, and 3 of the Tabulation, consisting of acreage, diversion, and depletion schedules. These requirements shall be utilized in evaluating any application undertaken pursuant to Section 73-3-3, Utah Code Annotated. The delivery schedules set forth in Tables 4, 5, 6, and 7 of the Tabulation shall determine the distribution of the water allocated hereunder. The Utah State Engineer, in a manner consistent with the agreements and covenants contained herein, shall have general administrative supervision of all surface and ground waters apportioned to the United States in trust for the Ute Indian Tribe and others, including measurement, apportionment, and distribution thereof, to the points of diversion from the main sources. The United States and the Tribe shall have general administrative supervision of all water apportioned to the United States, including measurement, apportionment, and distribution thereof, within the canal distribution systems from the various points of river diversion.
          The United States on behalf of the Tribe, or the Tribe shall comply with the provisions of Section 73-3-3, Utah Code Annoted 1953, with regard to any change in the point of diversion, place, or nature of use; except that neither the United States nor the Tribe need make application to the State Engineer for change of place of use when the new place of use is within the same canal system.
          Pursuant to the congressional legislation required to ratify this Compact under Article V hereof, and solely as a compromise for the purposes of this Compact, the parties agree that the Tribe may, under the terms of this Compact, voluntarily elect to sell, exchange, lease, use, or otherwise dispose of the reserved water rights secured to the Tribe by this Compact, outside the boundaries of its reservation.
          If the Tribe so elects to move any of its rights, or a portion thereof, off the reservation, as a condition precedent to such sale, exchange, lease, use or other disposition, that portion of the Tribe’s water right shall be changed to a Utah State water right, but shall be such a State water right only during the use of that right off the reservation. Such right, during the period of use off the reservation, shall be fully subject to State laws, federal laws, interstate compact, and international treaties applicable to the Colorado River and its tributaries, including but not limited to the appropriation, use, development, storage, regulation, allocation, conservation, exportation, or quality of such waters.
          None of the waters secured to the Ute Indian Tribe in this Compact may be sold, exchanged, leased, used, or otherwise disposed of into or in the Lower Colorado River Basin, below Lees Ferry, unless water rights within the Upper Colorado River Basin in the State of Utah held by non-federal, non-Indian users could be so sold, exchanged, leased, used, or otherwise disposed of under Utah State law, federal law, interstate compacts, or international treaties pursuant to a final, non-appealable order of a federal court or pursuant to an agreement of the seven States signatory to the Colorado River Compact. Provided, however, that in no event shall such transfer of Indian water rights take place without the filing and approval of the appropriate applications with the Utah State Engineer pursuant to State law.
          Nothing in this Compact shall:
(1) constitute specific authority for the sale, exchange, lease, use or other disposition of any federal reserved water right off the reservation;
(2) constitute specific authority for the sale, exchange, lease, use, or other disposition of any tribal water right outside the State of Utah;
(3) be deemed or construed a congressional determination that any holders of water rights do or do not have authority under existing law to sell, exchange, lease, use, or otherwise dispose of such water or water rights outside the State of Utah; or,
(4) be deemed or construed to establish, address, or prejudice whether, or the extent to which, or to prevent any party from litigating whether, or the extent to which, any of the aforementioned laws do or do not permit, govern or apply to the use of the Tribe’s water outside the State of Utah.
          This Article is not intended to relieve the responsibility of the parties involved in the Midview Exchange Agreement.
ARTICLE IV
Enforcement
          For purposes of compelling compliance with the terms of this Compact, each party waives the defense of sovereign immunity as to actions brought by any other party, including any defense under the Eleventh Amendment to the United States Constitution. The United States District Court for the District of Utah is hereby granted jurisdiction to adjudicate any claim made by a party to this Compact that any other party, or its officials, are acting to impair or violate any right or privilege in this Compact. The federal court jurisdiction provided for herein shall not be diminished by reason of a related state court proceeding. While the parties agree that the primary responsibility for protecting and preserving the Ute Tribe’s reserved water rights rests with the United States and the Tribe, the State of Utah, through the State Engineer, shall use its best efforts to see that the reserved water rights of the Ute Tribe secured in this Compact are protected from impairment; provided, however, that nothing herein shall subject the State of Utah or its officers or employees to a claim for monetary damages in its efforts to so protect tribal water rights.
ARTICLE V
Ratification and Amendment
          Each party acknowledges that in order for this Compact to constitute a final and permanent settlement of tribal reserved water rights, this Compact must be approved or ratified by the United States Congress, the Legislature of the State of Utah, and the Ute Indian Tribe through referendum of the Tribe’s membership. The parties shall use their best efforts to have the approvals or ratifications undertaken as expeditiously as possible. The parties hereto agree that the terms of this Compact have the force and effect of law and agree to adopt all statutes, regulations and ordinances that are, or may be, necessary to harmonize existing statutes, regulations and ordinances with this Compact, and agree that this Compact may be included within any general stream adjudication. The Secretary of the Interior is authorized to take all actions necessary to implement this Compact.
          This Compact is the result of a voluntary compromise agreement between the Ute Indian Tribe, the State of Utah, and the United States of America. Accordingly, no provision of this Compact or its adoption as part of any pending general stream adjudication shall be construed as altering or affecting the determination of any issues relating to the claimed reserved water rights which may belong to other Indian tribes.
          DATED:_________________________          UTE INDIAN TRIBE
                                                                      By _________________________________
                                                                      STATE OF UTAH
                                                                      By _________________________________
                                                                      UNITED STATES OF AMERICA
                                                                      By __________________________________

Enacted by Chapter 275, 2018 General Session

73-21-104 Tabulations.
          The tabulations described in Sections 73-21-103 and 73-21-105 are on file and more fully described at the state engineer’s office.

Enacted by Chapter 275, 2018 General Session

73-21-105 Tabulation of Ute Indian Water Rights.
PURPOSE
          This tabulation of Ute Indian Water Rights is prepared pursuant to and in accordance with the Ute Indian Water Compact of 1990 between the Ute Indian Tribe of the Uintah and Ouray Indian Reservation, Utah, the State of Utah and the United States of America concerning the water rights of the Ute Indian Tribe. The purpose of this Tabulation is to fully identify and define all federal reserved water rights of the Ute Indian Tribe.
FORWARD
          In December, 1960 the Ute Tribe submitted to the Utah State Engineer a report entitled Water Right Claims, Uintah and Ouray Indian Reservation, Utah, prepared by E.L. Decker, tribal engineer, and commonly referred to as the Decker Report. This report was prepared to identify both the Tribe’s present irrigated acreage and also those lands that are susceptible to irrigation, for which a water right was claimed under the doctrine expressed in Winters v. United States, 207, U.S. 546 (1908). The acreages listed in the Decker report, as amended, were used as a basis for this Tabulation.
          The Decker Report divided the lands into seven different groups for identification purposes, which are incorporated herein:
          Group (1): Lands included within the Uintah Indian Irrigation Project, the water right to which has been certificated by the State of Utah and included within Federal Court Decrees adjudicating water rights of the Lakefork, Yellowstone, Uinta and Whiterock Rivers.
          Group (2): Lands included in the Uintah Indian Irrigation Project, the water right to which has been certificated by the State of Utah, served from the Duchesne River, including the townsites of Duchesne, Randlett and Myton.
          Group (3): Lands that are or can be served from the Duchesne River through the facilities of the Uintah Indian Irrigation Project which lands have not been certificated by the State of Utah.
          Group (4): Lands which have been found to be productive and economically feasible to irrigate from privately constructed ditch systems on the Duchesne River or its tributaries above the Pahcease Canal.
          Group (5): Lands which have been found to be susceptible to irrigation and are proposed to be developed within the Central Utah Project.
          Group (6): Lands lying east of the Green River served from the White River for which Applications to Appropriate Water were once filed with the State of Utah.
          Group (7): Lands lying east of the Green River which have been found to be productive and economically feasible to irrigate from privately constructed ditch systems now in operation or to be constructed along the Green River, White River, Willow Creek, Bitter Creek, Sweet Water Creek and Hill Creek.
          A summary of the Ute Indian Tribe’s total irrigable acreage, maximum allowable depletion and diversion requirement for each of the land groups, by streams, are contained in tables 1, 2, and 3, respectively.
          Delivery schedules specifying the quantity of water to be diverted from the various streams are shown in tables 4 through 7. The quantity of water to be diverted into the various canals and/or ditches shall be determined based on the irrigable acreage as shown in the acreage tabulation, times the flow rate per acre corresponding to the period of time on the appropriate delivery schedule. The delivery schedules may be modified by mutual consent of the Tribe, State and other affected water users or through the pending general adjudication process. No delivery of water shall be made to lands until the lands are developed or an appropriate change application is filed and approved. For the Group 1 lands the diversion requirement was established at 3.40 acre-feet per acre under the 1980 Ute Indian Water Compact, of which 3.00 acre-feet per acre was to have been supplied from direct streamflow in accordance with the appropriate delivery schedule and the remaining 0.40 acre-feet per acre was to have been supplied from storage under the proposed Uintah and Upalco Units of the Central Utah Project. Such water delivered from storage (0.40 acre-feet per acre) was to assume, or if developed in the future will assume, the priority date of the Bureau of Reclamation water rights to accomplish the equitable allocation of water to all subscribers of the projects. Under the 1990 Compact such water will not be developed or delivered under the Upalco and Uintah Units. Nevertheless, this tabulation leaves in place the diversion and depletion quantities with respect to these Group 1 lands established under the 1980 Compact.
          Within the group 1 lands there are 9,300 acres commonly referred to as Midview Exchange lands. As a result of this exchange these lands are now served from the Duchesne River and thus have a diversion requirement of 4.0 acre-feet per acre. Water for these lands shall be supplied in accordance with terms of the Midview Exchange Agreement.
          The priority date of the group 1 through 5 lands is October 3, 1861. The source of supply for the group 5 lands has been transferred to the Green River, within the exterior reservation boundaries, and the Tribe waives any and all claims to develop the Group 5 lands in place as set forth in the Decker Report and identified in this tabulation. In transferring the Group 5 lands, 19,809 acres (which includes the 7 percent reduction) are transferred on an acre-per-acre bases, and 7,271 acres (which includes the 7 percent reduction) are transferred based upon depletion. In making the transfer based upon depletion the irrigable acreage is reduced by 1885.0 acres. The priority date of the group 6 and 7 lands is January 5, 1882, except those group 7 lands bearing the notation “To be determined” under the Priority Date. As to those certain group 7 lands the priority date shall be determined by mutual agreement, among the parties to the Compact on or before any call for such water is made or by binding arbitration using the following guidelines:
          1.  All matters are deemed resolved herein except the issue of the priority date for certain parcels of group 7 lands. That issue shall be submitted to an arbitrator who shall have the authority under Utah Revised Code Sections 78-31-1, et seq., to decide the unresolved factual issue as to the precise priority date for any parcel of group 7 lands specified in the Tabulation.
          2.  To reach a determination of the priority date, either the State of Utah or the Ute Tribe may request a panel of five water law experts. With the State of Utah striking first, the Ute Tribe and the State shall alternately strike names from the list until one name remains and such person shall be the arbitrator.
          3.  The decision of the arbitrator shall be final and shall conclusively determine the priority date in question.
          4.  The procedures of the American Arbitration Association shall govern any proceedings and the costs and expenses of the arbitrator shall be shared equally by the State and the Ute Tribe.
          The acreage tabulations herein lists the land group, source of supply, canal or ditch (if applicable), point of diversion, irrigable acreage and place of use. The quantity of land to be irrigated is limited to the acreage listed as Irrigable Acreage and shall be located within the area described.
MUNICIPAL AND INDUSTRIAL WATER
          In addition to the quantities of water set forth herein for the irrigable acreage of the Ute Indian Tribe, the United States of America in trust for the Ute Indian Tribe is allocated the depletion of 10,000 acre-feet of water annually for municipal, industrial and related purposes from the Green River. To the extent that the tribe or its members use water, other than for irrigation purposes, the quantity so used shall be included within said 10,000 acre feet unless a transfer of water from land listed in the tabulation is properly made. The priority date for the water provided under this paragraph is October 3, 1861. The Tribe and the State shall conduct a cooperative inventory to identify all existing non-irrigation water uses of the Tribe or its members to determine the remaining quantity of water available for diversion.

Enacted by Chapter 275, 2018 General Session

Chapter 22
Utah Geothermal Resource Conservation Act

73-22-1 Short title.
          This chapter shall be known and may be cited as the “Utah Geothermal Resource Conservation Act.”

Enacted by Chapter 188, 1981 General Session

73-22-2 Legislative findings.
          It is declared to be in the public interest to foster, encourage, and promote the discovery, development, production, utilization, and disposal of geothermal resources in the State of Utah in such manner as will prevent waste, protect correlative rights, and safeguard the natural environment and the public welfare; to authorize, encourage, and provide for the development and operation of geothermal resource properties in such manner that the maximum ultimate economic recovery of geothermal resources may be obtained through, among other things, agreements for cooperative development, production, injection, and pressure maintenance operations.

Enacted by Chapter 188, 1981 General Session

73-22-3 Definitions.
          As used in this chapter:
(1) “Correlative rights” mean the rights of each geothermal owner in a geothermal area to produce without waste his just and equitable share of the geothermal resource underlying the geothermal area.
(2) “Division” means the Division of Water Rights, Department of Natural Resources.
(3) “Geothermal area” means the general land area which is underlain or reasonably appears to be underlain by geothermal resources.
(4) “Geothermal fluid” means water and steam at temperatures greater than 120 degrees centigrade naturally present in a geothermal system.
(5)
(a) “Geothermal resource” means:
(i) the natural heat of the earth at temperatures greater than 120 degrees centigrade; and
(ii) the energy, in whatever form, including pressure, present in, resulting from, created by, or which may be extracted from that natural heat, directly or through a material medium.
(b) “Geothermal resource” does not include geothermal fluids.
(6) “Geothermal system” means any strata, pool, reservoir, or other geologic formation containing geothermal resources.
(7) “Material medium” means geothermal fluids, or water and other substances artificially introduced into a geothermal system to serve as a heat transfer medium.
(8) “Operator” means any person drilling, maintaining, operating, producing, or in control of any well.
(9) “Owner” means a person who has the right to drill into, produce, and make use of the geothermal resource.
(10) “Person” means any individual, business entity (corporate or otherwise), or political subdivision of this or any other state.
(11)
(a) “Waste” means any inefficient, excessive, or improper production, use, or dissipation of geothermal resources.
(b) Wasteful practices include:
(i) transporting or storage methods that cause or tend to cause unnecessary surface loss of geothermal resources; or
(ii) locating, spacing, constructing, equipping, operating, producing, or venting of any well in a manner that results or tends to result in unnecessary surface loss or in reducing the ultimate economic recovery of geothermal resources.
(12) “Well” means any well drilled, converted, or reactivated for the discovery, testing, production, or subsurface injection of geothermal resources.

Amended by Chapter 348, 2016 General Session

73-22-4 Ownership of geothermal resource -- Lands subject to chapter.
(1) Ownership of a geothermal resource derives from an interest in land and not from an appropriative right to geothermal fluids.
(2) This chapter shall apply to all lands in the State of Utah, including federal and Indian lands to the extent allowed by law. When these lands are committed to a unit agreement involving lands subject to federal or Indian jurisdiction, the division may, with respect to the unit agreement, deem this chapter complied with if the unit operations are regulated by the United States and the division finds that conservation of geothermal resources and prevention of waste are accomplished under the unit agreement.

Enacted by Chapter 188, 1981 General Session

73-22-5 Jurisdiction of division -- Hearings -- Subpoena power -- Restraining violations -- Actions for damages against violators unaffected.
(1) The division has jurisdiction and authority over all persons and property, public and private, necessary to enforce the provisions of this chapter and may enact, issue, and enforce necessary rules and orders to carry out the requirements of this chapter.
(2)
(a) Any affected person may apply for a hearing before the division, or the division may initiate proceedings upon any question relating to the administration of this chapter by following the procedures and requirements of Title 63G, Chapter 4, Administrative Procedures Act.
(b) The Division of Water Rights shall comply with the procedures and requirements of Title 63G, Chapter 4, Administrative Procedures Act, in its adjudicative proceedings.
(3) The division shall have the power to summon witnesses, to administer oaths, and to require the production of records, books, and documents for examination at any hearing or investigation conducted by it.
(4)
(a) If any person fails or refuses to comply with a subpoena issued by the division, or if any witness fails or refuses to testify about any matter regarding which the witness may be interrogated, the division may petition any district court in the state to issue an order compelling the person to:
(i) comply with the subpoena and attend before the division;
(ii) produce any records, books, and documents covered by the subpoena; or
(iii) to give testimony.
(b) The court may punish failure to comply with the order as contempt.
(5)
(a) Whenever it appears that any person is violating or threatening to violate any provision of this chapter, or any rule or order made under this chapter, the division may file suit in the name of the state to restrain that person from continuing the violation or from carrying out the threat of violation.
(b) Venue for the action is in the district court in the county where any defendant resides or in the county where the violation is alleged to have occurred.
(6)
(a) Nothing in this chapter, no suit by or against the division, and no violation charged or asserted against any person under this chapter, or any rule or order issued under it, shall impair, abridge, or delay any cause of action for damages that any person may have or assert against any person violating this chapter, or any rule or order issued under it.
(b) Any person so damaged by the violation may sue for and recover whatever damages that the person is otherwise entitled to receive.

Amended by Chapter 382, 2008 General Session

73-22-6 Information required concerning resource development -- Confidentiality -- Regulation of wells -- Surety bonds -- Inspection.
(1) The division shall have authority to require:
(a) Identification of the location and ownership of all wells and producing geothermal leases.
(b) Filing with the division of a notice of intent to drill, redrill, deepen, permanently alter the casing of, or abandon any well. Approval of the notice of intent must be obtained from the division prior to commencement of operations.
(c) Keeping of well logs and filing true and correct copies with the division. These records are public records when filed with the division, unless the owner or operator requests, in writing, that the records be held confidential. The period of confidentiality shall be established by the division, not to exceed five years from the date of production or injection for other than testing purposes or five years from the date of abandonment, whichever occurs first, as determined by the division. Well records held confidential by the division are open to inspection by those persons authorized in writing by the owner or operator. Confidential status shall not restrict inspection by state officers charged with regulating well operations or by authorized officials of the Utah State Tax Commission for purposes of tax assessment.
(d) The spacing, drilling, casing, testing, operating, producing, and abandonment of wells so as to prevent:
(i) geothermal resources, water, gases, or other fluids from escaping into strata other than the strata in which they are found (unless in accordance with a subsurface injection program approved by the division);
(ii) pollution of surface and groundwater;
(iii) premature cooling of any geothermal system by water encroachment or otherwise which tends to reduce the ultimate economic recovery of the geothermal resources;
(iv) blowouts, cave-ins, and seepage; and
(v) unreasonable disturbance or injury to neighboring properties, prior water rights, human life, health, and the environment.
(e) The operator to file cash or individual surety bonds with the division for each new well drilled and each abandoned well redrilled. The amount of surety required shall be determined by the division. In lieu of bonds for separate wells, the operator may file a blanket cash or individual surety bond in an amount set by the division to cover all the operator’s drilling, redrilling, deepening, maintenance, or abandonment activities for wells in the state. Bonds filed with the division shall be executed by the operator, as principal, conditioned on compliance with division regulations in drilling, redrilling, deepening, maintaining, or abandoning any well or wells covered by the bond and shall secure the state against all losses, charges, and expenses incurred by it to obtain such compliance by the principal named in the bond.
(f) The geothermal owner or operator to measure geothermal production according to standards set by the division and maintain complete and accurate production records. The records, or certified copies of them, shall be preserved on file by the owner or operator for a period of five years and shall be available for examination by the division at all reasonable times.
(g) Filing with the division any other reasonable reports which it prescribes regarding geothermal operations within the state.
(2) Any bond filed with the division in conformance with this chapter may, with the consent of the division, be terminated and canceled and the surety be relieved of all obligations under it when the well or wells covered by the bond have been properly abandoned or another valid bond has been substituted for it.
(3) The division may enter onto private or public land at any time to inspect any well or geothermal resource development project to determine if the well or project is being constructed, operated, or maintained according to any applicable permits or to determine if the construction, operation, or maintenance of the well or project may involve an unreasonable risk to life, health, property, the environment or subsurface, surface, or atmospheric resources.

Enacted by Chapter 188, 1981 General Session

73-22-7 Cooperative or unit operation of geothermal area -- Order -- Plan of operation -- Approval of owners -- Amendment.
(1) The agency or any affected person may commence an adjudicative proceeding to consider the need for cooperative or unit operation of a geothermal area.
(2) The division shall order the cooperative or unit operation of part or all of a geothermal area if the division finds that:
(a) a developable resource exists; and
(b) that this operation is reasonably necessary to prevent waste, to protect correlative rights, or to prevent the drilling of unnecessary wells and will not reduce the ultimate economic recovery of geothermal resources.
(3) The division’s order for cooperative or unit operations shall be upon terms and conditions that are just and reasonable and satisfy the requirements of Subsection (2).
(4) An order by the division for unit operations shall prescribe a plan, including:
(a) a description of the geothermal area to be unit operated, termed the unit area;
(b) a statement of the nature of the operations contemplated, the time they will commence, and the manner and circumstances under which unit operations shall terminate;
(c) an allocation to the separately-owned tracts in the unit area of the geothermal resources produced and of the costs incurred in unit operations.  The allocations shall be in accord with the agreement, if any, of the affected parties.  If there is no agreement, the division shall determine the allocations from evidence introduced at a hearing before the division. Production shall be allocated in proportion to the relative value that each tract bears to the value of all tracts in the unit area.  The acreage of each tract in proportion to the total unit acreage shall be the measure of relative value, unless the division finds after public hearing that another method is likely to result in a more equitable allocation and protection of correlative rights.  Resource temperature, pressure, fluid quality, geological conditions, distance to place of use, and productivity are among the factors that may be considered in evaluating other methods.  The method for allocating production in unit operations shall be revised, if, after a hearing, the division finds that the revised method is likely to result in a more equitable allocation and protection of correlative rights.  Any affected person may file a request for agency action to consider adoption of a revised allocation method, but the request may not be made until three years after the initial order by the division or at less than two-year intervals after that.  Upon receipt of a request for consideration of a revised allocation method, the division shall hold a hearing;
(d) a provision for adjustment among the owners of the unit area (not including royalty owners) of their respective investment in wells, tanks, pumps, machinery, materials, equipment, and other things and services of value attributable to the unit operations.  The amount to be charged unit operations for each item shall be determined by the owners of the unit area (not including royalty owners).  If the owners of the unit area are unable to agree upon the amount of the charges or to agree upon the correctness of the charges, any affected party may file a request for agency action.  Upon receipt of the request, the division shall hold a hearing to determine them.  The net amount charged against the owner of a separately-owned tract shall be considered an expense of unit operation chargeable against that tract.  The adjustments provided for in this subsection may be treated separately and handled by agreements separate from the unitization agreement;
(e) a provision providing how the costs of unit operations, including capital investments, shall be determined and charged to the separately-owned tracts and how these costs shall be paid, including a provision providing when, how, and by whom the unit production allocated to an owner who does not pay the share of the cost of unit operation charged to that owner, or the interest of that owner, may be sold and the proceeds applied to the payment of the costs.  The operator of the unit shall have a first and prior lien for costs incurred pursuant to the plan of unitization upon each owner’s geothermal rights and his share of unitized production to secure the payment of the owner’s proportionate part of the cost of developing and operating the unit area.  This lien may be enforced in the same manner as provided by Title 38, Chapter 1a, Part 7, Enforcement of Preconstruction and Construction Liens.  For these purposes any nonconsenting owner is considered to have contracted with the unit operator for his proportionate part of the cost of developing and operating the unit area.  A transfer or conversion of any owner’s interest or any portion of it, however accomplished, after the effective date of the order creating the unit, does not relieve the transferred interest of the operator’s lien on the interest for the cost and expense of unit operations;
(f) a provision, if necessary, for carrying or otherwise financing any person who elects to be carried or otherwise financed, allowing a reasonable interest charge for this service payable out of that person’s share of the production;
(g) a provision for the supervision and conduct of the unit operations, in respect to which each person shall have a vote with a value corresponding to the percentage of the costs of unit operations chargeable against the interest of that person;
(h) any additional provisions that are necessary to carry on the unit operations.
(5)
(a) No order of the division providing for unit operations is effective unless and until the division finds that the plan for unit operations prescribed by the division has been approved in writing by:
(i) those persons, who under the division’s order, will be required to pay 66% of the costs of the unit operation; and
(ii) the owners of 66% of the production or proceeds of the unit operation that are free of costs, such as royalties, overriding royalties, and production payments.
(b) If the persons owning the required percentage of interest in the unit area do not approve the plan within six months from the date on which the order is made, the order is ineffective and shall be revoked by the division unless for good cause shown the division extends this time.
(6)
(a) An order providing for unit operations may be amended by an order of the division in the same manner and subject to the same conditions as an original order for unit operations.
(b) If this amendment affects only the rights and interests of the owners, the approval of the amendment by the owners of royalty, overriding royalty, production payments, and other interests that are free of costs is required.
(c) Production allocation may be amended only by following the procedures of Subsection (4)(c).
(7)
(a) All operations, including the commencement, drilling, or operation of a well upon any portion of the unit area are considered for all purposes to be the conduct of those operations upon each separately-owned tract in the unit by the several owners of tracts in the unit.
(b) The portions of the unit production allocated to a separately-owned tract in a unit area are, when produced, considered for all purposes to have been actually produced from that tract by a well drilled on it.  Good faith operations conducted pursuant to an order of the division providing for unit operations constitutes a complete defense to any suit alleging breach of lease or of contractual obligations covering lands in the unit area to the extent that compliance with these obligations cannot be had because of the order of the division.
(8) The portion of the unit production allocated to any tract, and the proceeds from the sale of this production, are the property and income of the several persons to whom, or to whose credit, they are allocated or payable under the order providing for unit operations.
(9)
(a) Except to the extent that the parties affected so agree, and as provided in Subsection (4)(e), no order providing for unit operations may be construed to result in a transfer of all or any part of the title of any person to the geothermal resource rights in any tract in the unit area.
(b) All property, whether real or personal, that is acquired in the conduct of unit operations, is acquired for the account of the owners within the unit area and is the property of those owners in the proportion that the expenses of unit operations are charged.

Amended by Chapter 278, 2012 General Session

73-22-8 Geothermal fluids as water resource -- Application for appropriation required -- Priorities.
(1) Geothermal fluids are deemed to be a special kind of underground water resource, related to and potentially affecting other water resources of the state. The utilization or distribution for their thermal content and subsurface injection or disposal of same shall constitute a beneficial use of the water resources of the state.
(2)
(a) Geothermal owners shall, prior to the commencement of, or increase in, production from a well or group of wells to be operated in concert, file an application with the division to appropriate such geothermal fluids as will be extracted from the well or group of wells. Publication of applications shall be made as provided in Section 73-3-6, and protests may be filed as provided in Section 73-3-7. The division shall approve an application if it finds that the applicant is a geothermal owner and that the proposed extraction of geothermal fluids will not impair existing rights to the waters of the state.
(b) The division may grant the quantity of an application on a provisional basis, to be finalized upon stabilization of well production. Flow testing of a discovery well shall not require an application to appropriate geothermal fluids.
(3) The date of an application to appropriate geothermal fluids, when approved by the division, shall be the priority date as between the geothermal owner and the owners of rights to water other than geothermal fluids. No priorities shall be created among geothermal owners by the approval of an application to appropriate geothermal fluids.

Enacted by Chapter 188, 1981 General Session

73-22-9 Rights to geothermal resources.
          Rights to geothermal resources and to geothermal fluids to be extracted in the course of production of geothermal resources acquired under Section 73-22-8 shall be based on the principle of correlative rights.

Enacted by Chapter 188, 1981 General Session

73-22-10 Judicial review of division actions -- Falsification or omission of filings as misdemeanor -- Limitation of actions.
(1)
(a) Any person aggrieved by any order issued under this chapter may obtain judicial review.
(b) Venue for judicial review of informal adjudicative proceedings is in the district court of Salt Lake County, or in the district court of the county in which the complaining person resides.
(2) An action or appeal involving any provision of this chapter, or a rule or order issued under it shall be determined as expeditiously as possible.
(3) Any person who, for the purpose of evading this chapter or any order of the division issued under it, makes or causes to be made any false entry in any report, record, account, or memorandum required by this chapter, or by any order issued under it, or omits or causes to be omitted from the report, record, account, or memorandum, full, true, and correct entries as required by this chapter, or by an order, or removes from this state or destroys, mutilates, alters, or falsifies the record, account, or memorandum, is guilty of a class A misdemeanor.
(4) No suit, action, or other proceeding based upon a violation of this chapter or any order of the division issued under it may be begun or maintained unless the action is begun within two years from the date of the alleged violation.

Amended by Chapter 161, 1987 General Session

Chapter 23
West Desert Pumping Project

73-23-1 Legislative findings.
(1) The Legislature finds that the level of the Great Salt Lake has risen sharply in recent years due to extreme weather conditions.  The high level of the lake has caused extraordinary flooding conditions resulting in substantial damage to public and private facilities.  Those conditions pose a threat to life, health, and property, and in particular may result in extensive damage to public lands, major transportation routes, and other public facilities.
(2) The Legislature finds that some of the existing and anticipated extraordinary flooding conditions can be alleviated by construction of the West Desert Pumping Project.
(3) The Legislature declares it is in the public interest and a public purpose to construct the West Desert Pumping Project as a means of counteracting the threat to life, health, and property in general and to public lands, major transportation routes, and other public facilities in particular.
(4) The Legislature finds that all activities engaged in under authority of this chapter are governmental functions and governmental entities and their officers and employees are immune from suit for any injury or damage resulting from those activities.

Enacted by Chapter 6, 1986 Special Session 2
Enacted by Chapter 6, 1986 Special Session 2

73-23-2 Appropriation -- Projects authorized.
(1) There is appropriated from the Water Resources Conservation and Development Fund $30,000,000 to the following agencies for fiscal year 1985-86 to pay all or any portion of any of the following projects, including but not limited to:
(a) To the Division of Water Resources to pay for all or any
          portion of the West Desert Pumping Project, Bare Bones
          West Desert Pumping$60,000,000
(b) To the Disaster Relief Board for allocation to the appropriate
          entities to pay for all or any portion of any diking or other flood
          damage or mitigation costs as determined by the board with the
          concurrence of the governor, including, but not limited to:
          implementing the finger diking project in Salt Lake County,
          raising the breakwaters around the Great Salt Lake Marina and
          diking the east side of the parking lot, raising the AMAX North
          dike to protect I-80, raising the American Salt Company dike,
          raising the South Davis WWTP - North Plant dikes, diking the
          Little Mountain WWTP, and diking the Corinne Sewage Lagoon$10,000,000
(c) To the Division of Water Resources for preconstruction design
          studies for a state water plan for upstream water development$500,000
(d) To the Division of Water Resources to pay for the engineering
          and design work for the interisland diking projects (diking from
          Antelope Island to Fremont Island and from Fremont Island to
          Promontory Point) by July 1, 1987.$1,200,000
(2) All money provided under this chapter shall be nonlapsing and may be used for all acquisitions and construction costs, including, without exclusion or limitation, operation and maintenance, the cost of acquiring land, interests in land, easements and rights-of-way, the cost of improving sites, and of acquiring, constructing, equipping, and furnishing facilities and all structures, roads, utilities, and improvements necessary, incidental, or convenient to the facilities and all related engineering, architectural, and legal fees.

Enacted by Chapter 6, 1986 Special Session 2
Enacted by Chapter 6, 1986 Special Session 2

73-23-3 Duties and powers of Division of Water Resources.
          For purposes of this chapter, the Division of Water Resources:
(1) shall provide for the construction, operation, and maintenance of the West Desert Pumping Project;
(2) may enter into agreements as necessary to provide for all or any portion of the West Desert Pumping Project, including any indemnification agreements required by the federal government;
(3) may acquire land or any other property right by any lawful means, including eminent domain;
(4) is exempt from Title 63G, Chapter 6a, Utah Procurement Code; and
(5) may proceed without obtaining water right approval from the state engineer.

Amended by Chapter 347, 2012 General Session

73-23-4 Legislative findings.
(1) The Legislature finds that the West Desert Pumping Project was implemented as an emergency flood control project.  The project was undertaken, specifically, to protect critical public facilities and, more generally, to abate an imminent threat to life, health, and property.
(2) The Legislature finds that the level of the Great Salt Lake can be lowered by implementing a long-term program to develop waters upstream of the lake.  A water development program will have other beneficial uses, including the provision of municipal and industrial water to meet the needs of the state’s growing population.

Enacted by Chapter 232, 1988 General Session

73-23-5 Interim committee study responsibilities of Division of Water Resources.
          The Division of Water Resources shall:
(1) evaluate the first year’s operation of the West Desert Pumping Project;
(2) define the operational range and limitations of the West Desert Pumping Project as an emergency flood control project;
(3) assess the feasibility of developing a cooperative ownership, operation, and maintenance plan for the project with public and private entities;
(4) identify long-term water development opportunities upstream of the Great Salt Lake; and
(5) report their findings to the Energy, Natural Resources and Agriculture Interim Committee before October 1, 1988.

Enacted by Chapter 232, 1988 General Session

73-23-6 Use of certain remaining construction funds.
          The division may use up to $25,000 of the remaining West Desert Pumping Project construction funds to conduct the activities specified in Section 73-23-5.

Enacted by Chapter 232, 1988 General Session

Chapter 26
Bear River Development Act

Part 1
State to Develop the Bear River

73-26-101 Short title.
          This chapter is known as the “Bear River Development Act.”

Enacted by Chapter 251, 1991 General Session

73-26-102 Findings.
(1) The Legislature finds that:
(a) the Board of Water Resources has significant filings for water of the Bear River that could be developed;
(b) the continued growth and prosperity of communities in the Bear River Basin and the Wasatch Front will be enhanced by the development and utilization of the Bear River, one of the last major sources of developable water in the state; and
(c) Bear River water developed by the state should be apportioned in an equitable manner taking into consideration:
(i) the increasing water needs of the state’s growing urban population; and
(ii) preservation of future supplies for areas:
(A) where the water originates; or
(B) that are adjacent to the water and can be conveniently supplied by it.
(2) Therefore, it is the purpose of this chapter to:
(a) direct the Division of Water Resources to develop the surface waters of the Bear River and its tributaries covered by filings of the board, filings acquired from the Bureau of Reclamation, or new filings, as approved by the state engineer;
(b) allocate the developed waters among various regions and entities; and
(c) provide protection for existing rights.
(3) Nothing in this chapter shall:
(a) cover groundwater; or
(b) be construed to prevent any person from developing:
(i) groundwater pursuant to state law; or
(ii) the surface waters of the Bear River or its tributaries at any site including sites studied by the state.

Enacted by Chapter 251, 1991 General Session

73-26-103 Definitions.
          As used in this chapter:
(1) “Board” means the Board of Water Resources.
(2)
(a) “Construction costs” means all costs related to the development of a project, except the costs of environmental mitigation.
(b) Construction costs include:
(i) planning;
(ii) engineering and legal work;
(iii) permitting;
(iv) acquisition of land and rights-of-way;
(v) rebuilding and relocation of highways or other facilities affected by the project;
(vi) compensation for impairment of existing water rights;
(vii) construction of the dam, reservoir, and associated facilities; and
(viii) expenses of the division related to the project.
(3) “Developed waters” means surface water developed by projects authorized under this chapter.
(4) “Division” means the Division of Water Resources.
(5) “Environmental mitigation costs” means costs that may be required by federal, state, or local governmental agencies for project environmental permitting, including:
(a) planning;
(b) environmental and engineering studies;
(c) permitting;
(d) acquisition of land and rights-of-way; and
(e) operation, maintenance, and repair of facilities associated with project environmental mitigation.
(6) “Preconstruction costs” means any of the following costs incurred before project construction begins:
(a) planning;
(b) design;
(c) engineering studies;
(d) legal work;
(e) permitting;
(f) acquisition of land and rights-of-way;
(g) compensation for impairment of existing water rights;
(h) environmental studies; or
(i) any combination of Subsections (6)(a) through (h).
(7) “Project costs” include preconstruction costs, construction costs, environmental mitigation costs, and costs of operation, maintenance, repair, and replacement.

Amended by Chapter 84, 2006 General Session

73-26-104 Bear River development projects.
(1) The division shall:
(a) develop the surface waters of the Bear River and its tributaries through the planning and construction of reservoirs and associated facilities as authorized and funded by the Legislature;
(b) own and operate the facilities constructed; and
(c) market the developed waters.
(2) Potential projects include:
(a) Hyrum Dam;
(b) Avon;
(c) Mill Creek;
(d) Oneida Narrows;
(e) North Eden Creek;
(f) Washakie; and
(g) an interconnection from the Corinne area to Willard Reservoir.
(3) The division may develop sites other than those listed in Subsection (2) if those projects are authorized and funded by the Legislature.
(4) The purchase of real property does not constitute water development.

Amended by Chapter 84, 2006 General Session

73-26-105 Transmission and treatment facilities.
          Entities purchasing developed water shall develop any facilities necessary for the transmission or treatment of the water.

Enacted by Chapter 251, 1991 General Session

73-26-106 Participation of the federal government and other states.
(1) The division may allow the federal government or the states of Idaho or Wyoming to participate in a project authorized under this chapter for the purpose of developing their water rights.
(2) Any participating entity shall pay for all project costs represented by its share of the project.

Enacted by Chapter 251, 1991 General Session

73-26-107 Development of hydropower generating works -- Power offered to public utilities or municipalities.
(1) In association with a project authorized under this chapter, the division may:
(a) construct and own hydroelectric generating works and incidental electrical facilities for the purposes stated in Subsection (2); or
(b) enter into an agreement with a public utility or municipality for the development and operation of hydroelectric generating works and incidental electrical facilities.
(2) Power and energy derived from any hydroelectric generating works owned by the division, except for power and energy needed for project operations, must be offered to public utilities or municipalities in the state for distribution to electric consumers.

Enacted by Chapter 251, 1991 General Session

Part 2
Allocation of Developed Waters

73-26-201 Entities eligible to receive developed water -- Leasing developed water -- Use of developed water.
(1) Water developed by projects authorized under this chapter, except water reserved for wildlife or public recreation, shall be made available by contract exclusively to the following entities:
(a) the Bear River Water Conservancy District;
(b) the Salt Lake County Water Conservancy District;
(c) the Weber Basin Water Conservancy District; and
(d) Cache County and any water conservancy district in Cache County.
(2) A county or conservancy district that purchases or leases developed water may lease the water to any person.
(3) A county or conservancy district that purchases or leases developed water may use the water directly or by exchange in accordance with Section 73-3-20.

Amended by Chapter 84, 2006 General Session

73-26-202 Limits on amount of water available to any entity -- Exception.
(1) Except as provided in Subsection (2), the total amount of water from projects authorized under this chapter that may be made available to any entity or area is limited as follows:
(a) The Salt Lake County Water Conservancy District and Weber Basin Water Conservancy District each may purchase or lease no more than 50,000 acre-feet a year.
(b) The Bear River Water Conservancy District may purchase or lease no more than 60,000 acre-feet a year.
(c) The total cumulative amount of developed waters purchased or leased by Cache County and any water conservancy district in Cache County may not exceed 60,000 acre-feet a year.
(2) An entity or area may purchase or lease water in excess of the limits specified in Subsection (1) on a temporary basis, if water is available from a project and no other entity eligible to receive water has offered to purchase or lease it.

Amended by Chapter 84, 2006 General Session

73-26-203 Time period for submission of offers to purchase  or lease water -- Oversubscription of water -- Allocation procedure.
(1) When a project authorized under this chapter is under development, the division shall establish a period of time during which the entities specified in Section 73-26-201 may offer to purchase or lease water developed by the project.
(2)
(a) If, in the time period established under Subsection (1), the division receives offers to purchase or lease more water than can be made available through the project, the board shall allocate the water among the interested purchasers.
(b) In determining the allocations, the board:
(i) shall give priority in the following order to:
(A) municipal and industrial water needs;
(B) agricultural water needs; and
(C) all other water uses; and
(ii) may proportionately reduce each offer.

Enacted by Chapter 251, 1991 General Session

Part 3
Project Development

73-26-301 Projects authorized.
          The division may develop the potential projects listed under Subsection 73-26-104(2) and associated works.

Amended by Chapter 84, 2006 General Session

73-26-302 Construction contingent upon sale or lease of water -- Preconstruction may proceed if funded.
(1) Except as provided in Subsection (3), the division may not expend money for construction costs on any phase of a project until:
(a) contracts have been made for the sale or lease of at least 70% of the water developed by that phase; and
(b) all permits required by the environmental impact statement have been obtained.
(2) Construction of the project and implementation of the environmental mitigation plan shall proceed concurrently.
(3) The division may make expenditures for preconstruction costs if money is expressly appropriated or earmarked by statute for that purpose by the Legislature.

Amended by Chapter 342, 2011 General Session

Part 4
General Provisions

73-26-401 Powers of division.
          The division may:
(1) enter into contracts and agreements for the development, operation, maintenance, repair, and replacement of projects authorized under this chapter; and
(2)
(a) set prices for the sale or lease of water made available by the project, in accordance with Section 73-26-506 and rules made by the board; and
(b) enter into contracts for the sale or lease of the water.

Enacted by Chapter 251, 1991 General Session

73-26-402 Rulemaking power of the board.
          In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the board may make rules to:
(1) determine water charges as provided in Section 73-26-506;
(2) administer and operate the reservoirs and associated facilities constructed in accordance with Section 73-26-301;
(3) establish procedures for reviewing offers to contract for the sale or lease of developed water; and
(4) set the interest rate for repayment of construction and environmental mitigation costs.

Amended by Chapter 382, 2008 General Session

73-26-403 Immunity from suit -- Exception.
          Activities engaged in under authority of this chapter are governmental functions.  The state and its officers and employees are immune from suit for any injury or damage resulting from those activities, except as provided in Section 63G-7-301.

Amended by Chapter 382, 2008 General Session

73-26-404 Eminent domain.
          In order to construct the reservoirs and other facilities authorized under this chapter, the division may exercise eminent domain as provided in Title 78B, Chapter 6, Part 5, Eminent Domain.

Amended by Chapter 3, 2008 General Session

Part 5
Financing and Cost Recovery

73-26-502 Analysis of benefits and costs -- Allocation of costs.
          The division shall:
(1) identify the uses and calculate the economic benefits and costs of the developed water; and
(2) allocate project costs according to the following purposes:
(a) municipal and industrial;
(b) agricultural;
(c) hydropower;
(d) recreation;
(e) fish and wildlife; and
(f) flood control.

Enacted by Chapter 251, 1991 General Session

73-26-503 Payment of project costs.
(1) Construction and environmental mitigation costs allocated to municipal or industrial uses shall be entirely repaid by the entities contracting for water designated for those uses.
(2) Twenty-five percent of construction and environmental mitigation costs allocated to agricultural use shall be repaid by entities contracting for agricultural water.
(3) The full costs of operation, maintenance, repair, and replacement allocated to municipal, industrial, and agricultural uses shall be charged to the entities contracting for water for those uses.
(4) Project costs allocated to recreation, fish and wildlife, and flood control are not reimbursable and shall be paid entirely by the state.
(5)
(a) The division shall negotiate charges with any person receiving hydropower benefits from a project.
(b) The charges shall, at a minimum, be sufficient to pay all project costs allocated to hydropower.
(c) Charges in excess of the amount necessary to pay project costs allocated to hydropower shall be deposited in the Water Resources Conservation and Development Fund.

Amended by Chapter 334, 1995 General Session

73-26-504 Agreement for delivery -- Period for repayment of construction and environmental mitigation costs.
(1) The division and the contracting entity shall, by contractual agreement, establish when and in what amount water developed by the project will be delivered to the contracting entity.
(2) If a contract was made before completion of the project, the contracting entity shall repay the construction and environmental mitigation costs as follows:
(a) any developed water taken by the contracting entity during the first 10 years after the project is completed shall be repaid within 50 years from the date the developed water is delivered to the contracting entity; and
(b) any developed water taken by the contracting entity after the tenth anniversary date of the project’s completion shall be repaid within 50 years from the date the project was completed.
(3) If a contract was made after the project was completed, the contracting entity shall repay the construction and environmental mitigation costs within a period not to exceed 50 years from the date the contract was made.

Amended by Chapter 102, 1997 General Session

73-26-505 Interest.
          Interest on the unpaid balance of reimbursable construction and environmental mitigation costs shall be charged at a rate set by the board.

Enacted by Chapter 251, 1991 General Session

73-26-506 Water charges.
          The division shall set prices for the sale or lease of developed water sufficient to:
(1) recover the reimbursable construction and environmental mitigation costs within the time period specified in Section 73-26-504 and pay for the interest on those costs;
(2) pay for operation and maintenance costs; and
(3) accumulate an adequate reserve for repair and replacement.

Amended by Chapter 102, 1997 General Session

73-26-507 Repayments returned to Water Resources Conservation and Development Fund -- Deposit of remaining revenue -- Division of Finance authorized to establish accounts.
(1) Repayments of construction and environmental mitigation costs, the interest charged, and excess hydropower charges shall be deposited in the Water Resources Conservation and Development Fund.
(2) The Division of Finance shall establish an enterprise fund, in accordance with Section 51-5-4 and generally accepted accounting principles, for the deposit of revenues designated for operation, maintenance, repair, and replacement.
(3) The Division of Finance may establish accounts as necessary or desirable to accomplish the purposes of this chapter.

Amended by Chapter 334, 1995 General Session

Chapter 27
Legislative Water Development Commission

73-27-102 Legislative Water Development Commission created.
(1)
(a)The Legislative Water Development Commission is created to determine the state’s role in the protection, conservation, and development of the state’s water resources.
(b)For purposes of this chapter, “commission” means the Legislative Water Development Commission.
(2)
(a)The commission membership shall include:
(i)a minimum of two members of the Senate, appointed by the president of the Senate, with at least one member from the minority political party;
(ii)a minimum of two members of the House of Representatives, appointed by the speaker of the House of Representatives, with at least one member from the minority political party; and
(iii)subject to Subsections (2)(b) and (c), nonvoting members, appointed by the Legislative Management Committee, from a list recommended by the cochairs of the commission described in Subsection (5).
(b)If the Legislative Management Committee chooses to not appoint an individual on the list described in Subsection (2)(a)(iii), the Legislative Management Committee may ask the cochairs of the commission to submit an additional list of recommendations.
(c)The Legislative Management Committee may not appoint an individual who is not recommended by the cochairs of the commission.
(3)
(a)The members appointed by the Legislative Management Committee under Subsection (2)(a)(iii) shall be appointed or reappointed to a two-year term.
(b)When a vacancy occurs in the membership for any reason, the Legislative Management Committee, in consultation with the cochairs of the commission, shall appoint a replacement for the unexpired term.
(4)The president of the Senate and the speaker of the House of Representatives shall, to the extent possible, appoint members under Subsections (2)(a)(i) and (ii) that represent both rural and urban areas of the state.
(5)
(a)The president of the Senate shall designate a member of the Senate appointed under Subsection (2)(a)(i) as a cochair of the commission.
(b)The speaker of the House of Representatives shall designate a member of the House of Representatives appointed under Subsection (2)(a)(ii) as a cochair of the commission.
(6)What constitutes a quorum of the commission is determined in accordance with Legislative Joint Rules, Title 7, Chapter 1, Part 2, Creation and Organization of Legislative Committees, except nonvoting members of the commission described in Subsection (2)(a)(iii) may not be considered for purposes of determining a quorum.
(7)
(a)Compensation and expenses of a member of the commission who is a legislator are governed by Section 36-2-2 and Legislative Joint Rules, Title 5, Legislative Compensation and Expenses.
(b)Commission members who are employees of the state shall receive no additional compensation.
(c)Other commission members shall receive no compensation or expenses for their service on the commission.
(8)The Office of Legislative Research and General Counsel shall provide staff support to the commission.

Amended by Chapter 119, 2025 General Session

73-27-103 Duties and powers of commission.
(1) The commission shall consider and make recommendations to the Legislature and governor on the following issues:
(a) how the water needs of the state’s growing agricultural, municipal, and industrial sectors will be met;
(b) what the impact of federal regulations and legislation will be on the ability of the state to manage and develop its compacted water rights;
(c) how the state will fund water projects;
(d) whether the state should become an owner and operator of water projects;
(e) how the state will encourage the implementation of water conservation programs; and
(f) other water issues of statewide importance.
(2) The commission shall consult with the Division of Water Resources and the Board of Water Resources regarding:
(a) recommendations for rules, criteria, targets, processes, and plans described in Subsection 73-10g-105(3); and
(b) the scope of any request for proposals that may be issued by the Division of Water Resources and Board of Water Resources to assist in creating the rules, criteria, targets, processes, and plans described in Subsection 73-10g-105(3) .
(3) The commission shall support community efforts to develop a unified, state water strategy to promote water conservation and efficiency that:
(a) is consistent with Section 73-1-21;
(b) is created with the aid of stakeholders including water conservancy districts created under Title 17B, Chapter 2a, Part 10, Water Conservancy District Act;
(c) includes model ordinances or policies consistent with the unified, statewide water strategy that may be adopted by political subdivisions; and
(d) respects different needs of different political subdivisions or geographic regions of the state.
(4) The commission may:
(a) form one or more working groups from the membership of the commission to consider and study the issues described in this section;
(b) meet up to six times per calendar year without approval from the Legislative Management Committee; and
(c) open one or more committee bill files that relate to the commission’s duties under this section.

Amended by Chapter 258, 2023 General Session

Chapter 28
Lake Powell Pipeline Development Act

Part 1
General Provisions

73-28-101 Title.
          This chapter is known as the “Lake Powell Pipeline Development Act.”

Enacted by Chapter 216, 2006 General Session

73-28-102 Scope.
          Nothing in this chapter may be construed to prevent any person, subject to other provisions of law, from developing the waters of the Colorado River.

Enacted by Chapter 216, 2006 General Session

73-28-103 Definitions.
          As used in this chapter:
(1) “Board” means the Board of Water Resources.
(2) “Committee” means the Project Management Committee created in Section 73-28-105.
(3)
(a) “Construction costs” means all costs related to the construction of the project, including the environmental mitigation costs.
(b) Construction costs include:
(i) acquisition of land and rights-of-way;
(ii) board and division expenses related to the project;
(iii) compensation for impairment of existing water rights;
(iv) construction of the project;
(v) design;
(vi) engineering;
(vii) environmental studies;
(viii) legal work;
(ix) permitting;
(x) planning; and
(xi) rebuilding and relocating highways or other facilities affected by the project.
(4) “Developed water” means surface water developed by the project.
(5) “District” means:
(a) the Central Iron County Water Conservancy District;
(b) the Kane County Water Conservancy District;
(c) the Washington County Water Conservancy District; or
(d) any combination of those districts listed in Subsections (5)(a) through (c).
(6) “Division” means the Division of Water Resources.
(7) “Environmental mitigation costs” means costs associated with obtaining permits required by federal, state, or local governmental agencies.
(8) “Preconstruction costs” means any of the following costs incurred before project construction begins:
(a) planning;
(b) design;
(c) engineering studies;
(d) legal work;
(e) permitting;
(f) acquisition of land and rights-of-way;
(g) compensation for impairment of existing water rights;
(h) environmental studies; or
(i) any combination of Subsections (8)(a) through (h).
(9)
(a) “Project” means the Lake Powell Pipeline project and associated facilities, including:
(i) facilities associated with environmental mitigation;
(ii) hydroelectric generating works and incidental electrical facilities;
(iii) pipelines; and
(iv) pumping stations.
(b) Notwithstanding Subsection (9)(a), associated facilities do not include the local facilities necessary for the treatment and local delivery of the developed water.
(10) “Project costs” include preconstruction costs, construction costs, and project operation, maintenance, repair, and replacement costs.

Enacted by Chapter 216, 2006 General Session

73-28-104 Powers of the board.
(1) The board may contract with:
(a) a district for the sale of developed water;
(b) a qualified entity for the development or construction of the project; or
(c) a district or other qualified entity for the operation, maintenance, repair, or replacement of the project.
(2) By following the procedures and requirements of Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the board may make rules to:
(a) establish prices, in consultation with the committee and in accordance with Section 73-28-403, for:
(i) developed water sold to the districts; and
(ii) electricity made available by the project;
(b) establish procedures for reviewing offers to contract for the sale of developed water and electricity;
(c) establish the interest rate for repayment of preconstruction and construction costs;
(d) establish a reasonable time period for the districts to offer to purchase water; and
(e) administer and operate the project.
(3) The board may exercise eminent domain, as provided in Title 78B, Chapter 6, Part 5, Eminent Domain, to construct the project.

Amended by Chapter 3, 2008 General Session
Amended by Chapter 382, 2008 General Session

73-28-105 Project Management Committee created.
(1) There is created a Project Management Committee within the division.
(2)
(a) The committee shall be comprised of one representative appointed by:
(i) the division director;
(ii) the board; and
(iii) each of the participating districts.
(b) The division representative is the chair of the committee.
(3)
(a) The members shall serve a four-year term.
(b) When a vacancy occurs in the membership for any reason, the replacement shall be appointed for the unexpired term in the same manner as the vacated member was appointed.
(4)
(a) A majority of the members of the committee constitute a quorum of the committee.
(b) The action of a majority of a quorum constitutes the action of the committee.
(5) The committee shall:
(a) consult with the board on a regular basis concerning:
(i) the development and construction of the project;
(ii) the operation, maintenance, repair, and replacement of the project; and
(iii) the prices of developed water and electricity; and
(b) approve all expenditures from the fund created in Section 73-28-404.

Enacted by Chapter 216, 2006 General Session

Part 2
Board of Water Resources to Construct the Lake Powell Pipeline

73-28-201 Lake Powell Pipeline project.
(1) The board shall:
(a) construct the project as funded by the Legislature;
(b) own, operate, and maintain the project until the title is transferred under Section 73-28-405; and
(c) consult with the committee on a regular basis concerning the development, construction, operation, maintenance, repair, and replacement of the project.
(2)
(a) The board may contract with the state of Arizona to participate in the project to develop its water rights.
(b) The board shall ensure that the contract requires the state of Arizona to pay for all project costs represented by its share of the project.

Enacted by Chapter 216, 2006 General Session

73-28-202 Construction contingent upon sale of water.
(1) Except as provided in Subsection (3), the board may not expend money for construction costs for any phase of the project until:
(a) the board has contracted with the districts for the sale of at least 70% of the water developed by that phase of the project; and
(b) all permits required by the environmental impact statement have been obtained.
(2) Construction of the project and implementation of any environmental mitigation requirements may proceed concurrently.
(3) The board may make expenditures for preconstruction costs if money is expressly appropriated or earmarked by statute for that purpose by the Legislature.

Amended by Chapter 342, 2011 General Session

73-28-203 Development of hydroelectric generating works -- Electricity offered to public utilities or municipalities.
(1) The board may construct and own hydroelectric generating works and incidental electrical facilities in association with the project.
(2)
(a) Except for electricity needed for project operations, the board shall first offer to sell electricity derived from any hydroelectric generating works owned by it to public utilities or municipalities providing electricity to consumers in Utah.
(b) The board, in consultation with the committee and in accordance with Section 73-28-403, shall establish the prices at which the electricity is sold.
(3) In accordance with Section 51-4-1, the board shall deposit:
(a) revenues received from the sale of electricity designated for the repayment of preconstruction and construction costs and interest into the Water Resources Conservation and Development Fund;
(b) revenues received from the sale of electricity designated for project operation, maintenance, repair, and replacement costs into the Lake Powell Pipeline Project Operation and Maintenance Fund; and
(c) any additional revenues received from the sale of electricity into the Water Resources Conservation and Development Fund.

Enacted by Chapter 216, 2006 General Session

Part 3
Allocation of Developed Water

73-28-301 Entities eligible to receive developed water.
(1) Except for developed water reserved for wildlife or public recreation, the board shall make the developed water available by contract exclusively to the districts listed in Subsection 73-28-103(5).
(2) A district that purchases developed water may:
(a) use the water directly;
(b) exchange the water by following the procedures and requirements of Section 73-3-20; or
(c) sell the water to any entity or person.
(3) Districts purchasing developed water shall build any facilities necessary for the treatment and local delivery of the developed water.

Enacted by Chapter 216, 2006 General Session

73-28-302 Limits on amount of water available to any district -- Exception.
(1) Except as provided in Subsection (2), the total amount of developed water that the board may make available to any district is limited as follows:
(a) The Kane Water Conservancy District may purchase no more than 10,000 acre-feet of developed water per calendar year.
(b) The Washington County Water Conservancy District may purchase no more than 69,000 acre-feet of developed water per calendar year.
(c) The Central Iron County Water Conservancy District may purchase no more than the amount of Colorado River water it acquires.
(2)
(a) A district may purchase developed water in excess of the limits specified in Subsection (1) for that calendar year if:
(i) developed water is available; and
(ii) no other district eligible to receive the developed water has offered to purchase it.
(b) The board may expand the size of the project and exceed the limits in Subsection (1) if the board or a district acquires additional water rights.
(3) Before beginning the final design of the project, the board shall make rules establishing a reasonable time during which the districts may offer to purchase developed water.
(4) If the Central Iron County Water Conservancy District acquires water rights and participates in the project, the board shall ensure that:
(a) the project is sized and constructed to transport the Central Iron County Water Conservancy District’s water from Lake Powell; and
(b) facilities from Washington County to Cedar City are included in the project.

Enacted by Chapter 216, 2006 General Session

Part 4
Financing and Cost Recovery

73-28-401 Analysis of benefits and costs -- Allocation of costs.
(1) The board shall allocate project costs based on the economic costs and benefits of the developed water and electricity among the following water uses:
(a) municipal and industrial;
(b) electricity;
(c) public recreation; and
(d) fish and wildlife.
(2) The state shall pay the nonreimbursable project costs allocated to recreation and fish and wildlife.

Enacted by Chapter 216, 2006 General Session

73-28-402 Agreement for delivery -- Period for repayment of costs.
(1) The board and each district shall establish by contract the timing and amount of developed water to be delivered to the district.
(2) If a contract was made before the project’s completion, the district shall repay the preconstruction and construction costs within 50 years from the date of:
(a) the delivery of developed water to the district during the first 10 years after the project is completed; or
(b) the project’s completion for any developed water delivered to the district after the tenth anniversary date of the project’s completion.
(3) If a contract was made after the project’s completion date, the district shall repay the preconstruction and construction costs within a period not to exceed 50 years from the date that the contract was made.
(4) The board shall establish and charge a reasonable interest rate for the unpaid balance of reimbursable preconstruction and construction costs.

Enacted by Chapter 216, 2006 General Session

73-28-403 Water and electricity charges.
          The board, in consultation with the committee, shall establish prices for the developed water sold to the districts and electricity sufficient to:
(1) recover the reimbursable preconstruction costs, construction costs, and interest on those costs within the time period specified in Section 73-28-402;
(2) pay for operation and maintenance costs;
(3) accumulate an adequate reserve for repair and replacement; and
(4) allocate the proportionate cost of the project facilities required to deliver the developed water to each district.

Enacted by Chapter 216, 2006 General Session

73-28-404 Repayments returned to Water Resources Conservation and Development Fund -- Establishment of an enterprise fund.
(1) The board shall deposit, in accordance with Section 51-4-1, into the Water Resources Conservation and Development Fund:
(a) repayments of preconstruction and construction costs; and
(b) the interest charged.
(2)
(a) There is created an enterprise fund, as defined in Subsection 51-5-4(8), entitled the “Lake Powell Pipeline Project Operation and Maintenance Fund.”
(b) The fund consists of:
(i) revenues received from the sale of developed water that is designated for project operation, maintenance, repair, and replacement costs;
(ii) revenues received from the sale of electricity that are deposited in the fund in accordance with Subsection 73-28-203(3); and
(iii) all interest earned by the fund.
(3) Notwithstanding Section 63J-1-211, the Legislature may not appropriate any money from the Lake Powell Pipeline Project Operation and Maintenance Fund.
(4) The state treasurer shall:
(a) invest the money in the enterprise fund by following the procedures and requirements of Title 51, Chapter 7, State Money Management Act; and
(b) deposit all interest or other earnings derived from those investments into the Lake Powell Pipeline Operation and Maintenance Fund.
(5) The committee shall approve the expenditure of fund money to cover the project operation, maintenance, repair, and replacement costs, subject to:
(a) money available in the fund; and
(b) rules established by the board under Subsection 73-28-104(2).
(6) If title to the project is transferred under Section 73-28-405, the agreement shall direct the disposition of the money remaining in the fund.

Amended by Chapter 303, 2011 General Session
Amended by Chapter 342, 2011 General Session

73-28-405 Transfer of title to project and water rights to districts.
(1) The board shall convey the project’s title and its associated water rights to the districts if:
(a) the state has been fully compensated for all of its reimbursable costs;
(b) the board finds that the conveyance of the project’s title would be in the best interest of the state, the districts, and those receiving developed water; and
(c) the districts enter into an agreement with each other and the board that would ensure the continued operation, maintenance, repair, and replacement of the project.
(2) The board shall convey the project’s title and its associated water rights to the districts in proportion to the amount each district paid for the developed water it received.

Enacted by Chapter 216, 2006 General Session

Chapter 29
Public Waters Access Act

Part 1
General Provisions

73-29-101 Title.
          This chapter is known as the “Public Waters Access Act.”

Enacted by Chapter 410, 2010 General Session

73-29-102 Definitions.
          As used in this chapter:
(1)”Division” means the Division of Wildlife Resources.
(2)”Floating access” means the right to access public water flowing over private property for floating and fishing while floating upon the water.
(3)”Impounded wetlands” means a wetland or wetland pond that is formed or the level of which is controlled by a dike, berm, or headgate that retains or manages the flow or depth of water, including connecting channels.
(4)”Navigable water” means a water course that in its natural state without the aid of artificial means is useful for commerce and has a useful capacity as a public highway of transportation.
(5)”Private property to which access is restricted” means privately owned real property:
(a)that is cultivated land, as defined in Section 23A-5-317;
(b)that is:
(i)properly posted, as defined in Section 23A-5-317;
(ii)posted as described in Subsection 76-6-206(2)(b)(iii); or
(iii)posted as described in Subsection 76-6-206.3(2)(c);
(c)that is fenced or enclosed as described in:
(i)Subsection 76-6-206(2)(b)(ii); or
(ii)Subsection 76-6-206.3(2)(b); or
(d)that the owner or a person authorized to act on the owner’s behalf has requested a person to leave as provided by:
(i)Section 23A-5-317;
(ii)Subsection 76-6-206(2)(b)(i); or
(iii)Subsection 76-6-206.3(2)(a).
(6)”Public access area” means the limited part of privately owned property that:
(a)lies beneath or within three feet of a public water or that is the most direct, least invasive, and closest means of portage around an obstruction in a public water; and
(b)is open to public recreational access under Section 73-29-203; and
(c)can be accessed from an adjoining public assess area or public right-of-way.
(7)”Public recreational access” means the right to engage in recreational access established in accordance with Section 73-29-203.
(8)
(a)”Public water” means water:
(i)described in Section 73-1-1; and
(ii)flowing or collecting on the surface:
(A)within a natural or realigned channel; or
(B)in a natural lake, pond, or reservoir on a natural or realigned channel.
(b)”Public water” does not include water flowing or collecting:
(i)on impounded wetland;
(ii)on a migratory bird production area, as defined in Section 23A-13-101;
(iii)on private property in a manmade:
(A)irrigation canal;
(B)irrigation ditch; or
(C)impoundment or reservoir constructed outside of a natural or realigned channel; or
(iv)on a jurisdictional wetland described in 33 C.F.R. 328.3.
(9)
(a)”Recreational access” means to use a public water and to touch a public access area incidental to the use of the public water for:
(i)floating;
(ii)fishing; or
(iii)waterfowl hunting conducted:
(A)in compliance with applicable law or rule, including Sections 23A-5-314, 73-29-203, and 76-11-209; and
(B)so that the individual who engages in the waterfowl hunting shoots a firearm only while within a public access area and no closer than 600 feet of any dwelling.
(b)”Recreational access” does not include:
(i)hunting, except as provided in Subsection (9)(a)(iii);
(ii)wading without engaging in activity described in Subsection (9)(a); or
(iii)any other activity.

Amended by Chapter 173, 2025 General Session
Amended by Chapter 208, 2025 General Session

73-29-103 Declarations.
          The Legislature declares:
(1) the Utah Constitution’s specific private property protections, including recognition of the inalienable right to acquire, possess, and protect property and the prohibition on taking or damaging private property for public use without just compensation, protect against government’s broad recognition or grant of a public recreation easement to access or use public water on private property;
(2) general constitutional and statutory provisions declaring public ownership of water and recognizing existing rights of use are insufficient to overcome the specific constitutional protections for private property and do not justify inviting widespread unauthorized invasion of private property for recreation purposes where public access has never existed or has not existed for a sufficient period and under the conditions required to support recognition under this chapter;
(3) whether, or to what extent, a public easement exists for recreational use of public waters on private property is uncertain after judicial decisions in the cases of J.J.N.P. Co. v. State, 655 P.2d 1133 (Utah 1982) and Conatser v. Johnson, 194 P.3d 897 (Utah 2008), which decisions did not address the constitutional prohibition on taking or damaging private property without just compensation;
(4) legislative failure to provide guidance before, coupled with legislative inaction after the 1982 decision in J.J.N.P. Co. v. State form a compelling foundation for the Legislature to affirm a limited right to float on the water without violating the constitutional protections of the underlying private property;
(5) the real and substantial invasion of private property rights did not occur with recognition of the right to float on water that passes over the land, but with the right, first recognized in Conatser v. Johnson, to physically occupy the land for an indeterminate time and for a wide range of activities by the public against the owner’s will and without just compensation;
(6) its intent to foster restoration of the accommodation existing between recreational users and private property owners before the decision in Conatser v. Johnson, affirm a floating right recognized by the court in J.J.N.P. Co. v. State, and recognize adverse use as a constitutionally sound and manageable basis for establishing a limited right of public recreational access on private property in accordance with this chapter.

Enacted by Chapter 410, 2010 General Session

Part 2
Recreational Access to Public Water

73-29-201 General access provisions.
(1) The public may use a public water for recreational activity if:
(a) the public water:
(i) is a navigable water; or
(ii) is on public property; and
(b) the recreational activity is not otherwise prohibited by law.
(2) A person may access and use a public water on private property for any lawful purpose with the private property owner’s permission.
(3) A person may not access or use a public water on private property for recreational purposes if the private property is property to which access is restricted, unless public recreational access is established under Section 73-29-203.

Enacted by Chapter 410, 2010 General Session

73-29-202 Public right to float on public waters.
(1) There is a public right to float on public water that has sufficient width, depth, and flow to allow free passage of the chosen vessel at the time of floating.
(2) Subsection (1) includes the right to:
(a) incidentally touch private property as required for safe passage and continued movement;
(b) portage around a dangerous obstruction in the water, if portage is made in a manner that is:
(i) most direct;
(ii) least invasive; and
(iii) closest to the water; and
(c) fish while floating.
(3) A person exercising the right that this section recognizes:
(a) shall enter and exit the water at a point on public property or private property with permission of the owner; and
(b) may not stop on private property.
(4)
(a) The right this section recognizes does not prevent the establishment of broader public recreational access in accordance with this chapter.
(b) Notwithstanding Subsection (4)(a), the right this section recognizes does not establish broader public recreational access.

Amended by Chapter 340, 2011 General Session

73-29-203 Establishment of public recreational access.
(1) Public recreational access is established if:
(a) the private property has been used by the public for recreational access requiring the use of the public water for a period of at least 10 consecutive years that begins after September 22, 1982; and
(b) the public use has been:
(i) continuous during the season conducive to the recreational access;
(ii) open and notorious;
(iii) adverse; and
(iv) without interruption.
(2) The permissive use of a public water on private property granted by the owner is not an adverse use.
(3)
(a) A property owner’s overt act intended to interrupt uninvited recreational access is a sufficient interruption to restart any period of use that may have already begun under Subsection (1) if the evidence, taken as a whole, shows that the act came to the attention of the public or resulted in actual interruption.
(b) If an overt act is established in a final judgment to have interrupted recreational access, no other person may challenge the existence of the overt act in a subsequent action.
(4) The extent and nature of the public recreational access permitted under Subsection (1) is determined by the nature of the historical recreational access during the 10 consecutive years required under Subsection (1).
(5) When a public water is a lake, pond, or reservoir located on a natural stream and on private property, any portion that has been developed or protected for private hunting is not subject to public recreational access even though the remainder of the public water qualifies for public recreational access under this section.
(6) A right of public recreational access on private property, established in accordance with this section, may not be closed without authorization of other law.

Enacted by Chapter 410, 2010 General Session

73-29-204 Quiet title action.
(1)
(a) A person, including the division, may file a quiet title action in accordance with Title 78B, Chapter 6, Part 13, Quiet Title, to obtain a judicial declaration of the existence of a right to public recreational access under Section 73-29-203.
(b) The division may intervene in a quiet title action filed in accordance with Subsection (1).
(c) The division may not be compelled to:
(i) file a quiet title action; or
(ii) join a quiet title action filed by another person.
(2) The claimant in a quiet title action under Subsection (1) shall:
(a) name the property owner of record as a party; and
(b) notify the division of the suit by certified mail no later than 20 days after the day on which the quiet title action is filed.
(3) Within five days after receiving notice in accordance with Subsection (2)(b), the division shall post notice of a quiet title action under this section on its Internet website.
(4) A quiet title action under this section shall be commenced within four years after the day on which a period of prescriptive use ceases.
(5) The burden of proof for a quiet title action under this section is on the claimant to prove the existence of a right to public recreational access or floating access under Section 73-29-203 by clear and convincing evidence.
(6) A quiet title action under this section is limited to a declaration concerning the property and property owner joined in the action.
(7)
(a) Multiple claimants and multiple property owners may be included in a quiet title action concerning public water common to the property owners.
(b) In a case with multiple property owners, the court shall make a separate finding concerning each property owner included in the action.
(8) A final judgment on the merits that a piece of private property is not subject to public recreational access:
(a) is binding; and
(b) may not be challenged in subsequent litigation.
(9) The court may award attorney fees and costs in an action under this section if the court finds that the losing party’s arguments lack a reasonable basis in law or fact.

Enacted by Chapter 410, 2010 General Session

73-29-205 Injunctive relief.
(1) The owner of private property may obtain injunctive relief against a person who, without permission, enters, remains, or persists in an effort to enter or remain on the owner’s property for recreational use of public water other than use in accordance with Sections 73-29-202 and 73-29-203, when effective.
(2) An injunction under this section is in addition to any remedy for trespass.
(3) The existence of an easement under Section 73-29-203 is a defense in an action for injunctive relief under this section or a claim of trespass under other law.
(4) If a person against whom an injunction is sought, or a person charged with trespass, establishes by clear and convincing evidence the existence of an easement for defense purposes, as described in Subsection (3), the establishment of the existence of the easement applies only to the defense and does not constitute a judicial declaration of the easement’s existence for another purpose.
(5) If an owner obtains an injunction against a person under this section, the injunction does not serve as a declaration that there is no public easement on the owner’s property.
(6) The court may award attorney fees and costs in an action under this section if the court finds that the losing party’s arguments lack a reasonable basis in law or fact.

Enacted by Chapter 410, 2010 General Session

73-29-206 Effect of chapter on other uses and restrictions -- Required acts.
(1) Nothing in this chapter affects the right of the public to use public water for public recreational access, including the touching of the bed beneath the public water if:
(a) the bed beneath the public water is public property; or
(b) the bed beneath the public water is private property to which access is not restricted.
(2) A person using a public water for public recreational access is subject to any other restriction lawfully placed on the use of the public water by a governmental entity with authority to restrict the use of the public water.
(3) Nothing in this chapter limits or enlarges any right granted by express easement.
(4) When leaving a public access area, a person shall remove any refuse or tangible personal property the person brought into the public access area.

Enacted by Chapter 410, 2010 General Session

73-29-207 Fences across public water.
(1) The owner of a public access area adjacent to and lying beneath a public water may place a fence or obstruction across a public water for agricultural, livestock, or other lawful purposes.
(2) A fence or other obstruction shall:
(a) comply with an applicable federal, state, or local law; and
(b) be constructed in a manner that does not create an unreasonably dangerous condition to the public lawfully using the public water.
(3) The owner of a public access area shall allow the placement of a ladder, gate, or other facility allowing portage around a fence or obstruction if:
(a) the owner places a fence or obstruction across a public water in accordance with Subsection (1); and
(b) the water is open to public recreational access by permission or under Section 73-29-203.

Enacted by Chapter 410, 2010 General Session

73-29-208 Severability.
          If any of this chapter’s provisions, or the application of any of this chapter’s provisions, is held to be unconstitutional, the provision is severable and this chapter’s other provisions and applications remain effective.

Enacted by Chapter 410, 2010 General Session

Chapter 31
Water Banking Act

Part 1
General Provisions

73-31-101 Title.
          This chapter is known as the “Water Banking Act.”

Enacted by Chapter 342, 2020 General Session

73-31-102 Definitions.
          As used in this chapter:
(1) “Applicant” means:
(a) a record holder of a perfected water right or a valid diligence claim applying for board approval of a statutory water bank under Part 2, Statutory Water Banks; or
(b) a public entity applying for board approval of a contract water bank under Part 3, Contract Water Banks.
(2) “Application” means an application submitted to the board to approve a water bank.
(3) “Approved change application” means a change application that the state engineer approves to authorize a water right holder to deposit a water right in a water bank pursuant to this chapter and Section 73-3-3 or 73-3-3.5.
(4) “Banked water right” means a water right, or a portion of a water right, deposited in a water bank that the state engineer has authorized for use in a water bank through an approved change application.
(5) “Board” means the Board of Water Resources.
(6) “Borrower” means a person seeking to use a banked water right within a water bank’s service area.
(7) “Contract water bank” means a water bank created pursuant to Part 3, Contract Water Banks.
(8) “Delivery request” means a request to use a banked water right made by a borrower in accordance with a water bank’s policies approved under the water bank’s application.
(9) “Deposit” means depositing a banked water right for use within the service area of a water bank.
(10) “Depositor” means a person seeking to deposit a water right in a water bank.
(11) “Hereafter use” means the conditions of use the state engineer authorizes for a banked water right during the term of an approved change application.
(12) “Heretofore use” means the authorized conditions of use that were in effect before the state engineer approved a change application authorizing new conditions for the use of a banked water right.
(13) “Loaned water rights” means a banked water right that is used pursuant to an approved delivery request.
(14) “Perfected water right” means a water right evidenced by:
(a) a decree;
(b) a certificate of appropriation; or
(c) a proposed determination or court order issued in a general adjudication.
(15) “Public entity” means the same as that term is defined in Section 73-1-4 except for the United States or an agency of the United States.
(16) “Reporting year” means November 1 through October 31.
(17) “Service area” means the geographic area where a water bank is approved to operate and operates.
(18) “State engineer” means the state engineer appointed under Section 73-2-1.
(19) “Statutory water bank” means a water bank created pursuant to Part 2, Statutory Water Banks.
(20) “Water bank” means a contract water bank or a statutory water bank.
(21) “Water banking website” means a website overseen by the board in accordance with Section 73-31-103.

Enacted by Chapter 342, 2020 General Session

73-31-103 Notice -- Website.
(1) A notice required under this chapter shall be posted in accordance with Subsection 73-3-6(1) and to a water bank’s website, unless otherwise specified.
(2) The board may create and oversee a website for the purpose of making water banking information available to the public.

Enacted by Chapter 342, 2020 General Session

73-31-104 Objectives of water banks.
          The objectives in creating a water bank are to:
(1) promote:
(a) the optimal use of the public’s water;
(b) transparency and access to water markets;
(c) temporary, flexible, and low cost water transactions between water users; and
(d) Utah’s agricultural economy by providing access to water resources and income for Utah’s agricultural industry; and
(2) facilitate:
(a) robust and sustainable agricultural production while meeting growing municipal and industrial water demands, such as fallowing arrangements;
(b) water quality improvement;
(c) water rights administration and distribution; and
(d) a healthy and resilient natural environment.

Enacted by Chapter 342, 2020 General Session

73-31-105 Scope.
          Nothing in this chapter prevents a person from entering into an agreement regarding the use of a water right that differs from the requirements of this chapter, except that only a water bank approved under this chapter may avail itself of the statutory provisions that apply to a water bank.

Enacted by Chapter 342, 2020 General Session

73-31-106 Board assistance.
          The board may direct the Division of Water Resources to assist the board in fulfilling the board’s responsibilities under this chapter.

Enacted by Chapter 342, 2020 General Session

73-31-107 Fees.
(1) The board may charge fees, set pursuant to Section 63J-1-504, to cover the costs of processing and administering:
(a) a statutory water bank application; or
(b) a contract water bank application.
(2) The board shall charge a uniform fee for a statutory water bank application and a uniform fee for a contract water bank application.
(3) The board may charge a different fee for a statutory water bank application than is charged for a contract water bank application.
(4) Fees collected under this section shall be deposited in the General Fund as a dedicated credit to be used by the board to implement this chapter.

Enacted by Chapter 342, 2020 General Session

Part 2
Statutory Water Banks

73-31-201 Approval of statutory water bank.
(1) The board shall approve an application to create a statutory water bank that satisfies this part.
(2) As a condition of approval, a statutory water bank is subject to this chapter.

Enacted by Chapter 342, 2020 General Session

73-31-202 Statutory water bank application.
(1) A record holder, other than the United States or an agency of the United States, of a perfected water right or a valid diligence claim may request approval for a proposed statutory water bank if the place of use and point of diversion for the applicant’s water right are encompassed within the proposed service area of the proposed statutory water bank and the applicant files an application with the board that includes the following:
(a) the name of the statutory water bank;
(b) the mailing address for the statutory water bank;
(c) the type of legal entity recognized under Utah law that constitutes the statutory water bank;
(d) a proposed service area map for the statutory water bank;
(e) whether the statutory water bank will accept deposits of surface water rights or groundwater rights, provided that:
(i) a statutory water bank may not accept deposits of both surface water rights and groundwater rights; and
(ii) the applicant’s perfected water right or valid diligence claim is of the type accepted by the statutory water bank;
(f) a copy of the statutory water bank’s governing documents that specify:
(i) the number of members of the governing body, which may not be an even number;
(ii) the qualifications for governing members, including terms and election or appointment procedures; and
(iii) the initial governing members’ names, telephone numbers, and post office addresses;
(g) a confirmation that the applicant satisfies the criteria listed in Subsection (1)(e)(ii);
(h) procedures that describe how the statutory water bank will:
(i) determine and fund the water bank’s administrative costs;
(ii) design, facilitate, and conduct transactions between borrowers and depositors for the use of a banked water right; and
(iii) accept, reject, and manage banked water rights, including:
(A) what information a depositor shall provide to inform the statutory water bank, the state engineer, or any other distributing entity regarding the feasibility of using the water right within the statutory water bank’s designated service area;
(B) how a potential depositor is to work with the statutory water bank to jointly file a change application seeking authorization from the state engineer to deposit a water right within the statutory water bank;
(C) conditions for depositing a water right with the statutory water bank;
(D) how payments to depositors are determined; and
(E) under what conditions a depositor may use a water right at the heretofore place of use pursuant to Subsection 73-31-501(4);
(iv) accept, review, and approve delivery requests, including:
(A) deadlines for submitting a delivery request to the statutory water bank;
(B) a cost or fee associated with submitting a delivery request and how that cost or fee is to be applied or used by the statutory water bank;
(C) what information a borrower is to include on a delivery request to sufficiently inform the statutory water bank, state engineer, or another distributing entity whether the delivery request is feasible within the statutory water bank’s designated service area;
(D) any notice and comment procedures for notifying other water users of the delivery request;
(E) the criteria the statutory water bank will use to evaluate delivery requests;
(F) how the statutory water bank will inform water users who have submitted a delivery request if the delivery request is approved or denied, the reasons for denial if denied, and any applicable conditions if approved;
(G) appeal or grievance procedures, if any, for a borrower seeking to challenge a denial of a delivery request, including identifying who has the burden in an appeal and the standards of review;
(H) how the statutory water bank will determine prices for the use of loaned water rights; and
(I) how the statutory water bank will coordinate with the state engineer to facilitate distribution of approved delivery requests;
(v) how the statutory water bank will ensure that the aggregate amount of loaned water rights during a calendar year does not exceed the total sum of the banked water rights within the statutory water bank; and
(vi) how the statutory water bank will resolve complaints regarding the statutory water bank’s operations;
(i) the process that the statutory water bank will follow if the statutory water bank terminates, dissolves, or if the board revokes the statutory water bank’s permission to operate pursuant to this chapter, including how the statutory water bank will return banked water rights to depositors and how the statutory water bank will return any amounts owing to depositors; and
(j) a signed declaration or affidavit from at least two governing members of the statutory water bank affirming that:
(i) the information submitted is correct;
(ii) as a condition for permission to operate, the statutory water bank may not discriminate between the nature of use, depositors, or borrowers;
(iii) the statutory water bank shall comply with the conditions of an approved changed application for a banked water right; and
(iv) the statutory water bank shall report to the state engineer known violations of approved change applications.
(2) The board may prepare a form or online application for an applicant to use in submitting an application to the board under this part.

Amended by Chapter 4, 2020 Special Session 5

73-31-203 Action by board on statutory water bank applications.
(1) Upon receipt of an application under Section 73-31-202, the board shall record the date the board receives the application.
(2) The board shall:
(a) examine an application for completeness to determine whether the application satisfies this part;
(b) review an application to determine whether it meets the objectives of a water bank described in Section 73-31-103;
(c) consider an application complete if the application satisfies the requirements of this part; and
(d) notify the applicant of any additional information or changes needed to process the application.
(3) Within 30 days of the date the board determines that an application is complete, the board shall post notice of the application pursuant to Section 73-31-103.
(4) The notice required by Subsection (3) shall state:
(a) that an application to create a statutory water bank has been filed with the board;
(b) where an interested party may obtain a copy of the application and any additional information related to the application; and
(c) the date, time, and place of the public meeting required by Section 73-31-204.

Enacted by Chapter 342, 2020 General Session

73-31-204 Public meeting -- Comments.
(1) On the date indicated in the notice posted under Subsection 73-31-203(3), the board shall hold a public meeting to:
(a) inform water users within the service area of the proposed statutory water bank; and
(b) receive comments from water users regarding the application.
(2) The board shall accept public comments for a period of time no less than 30 days after the adjournment of the public meeting.
(3) The board shall review public comments when reviewing the proposed statutory water bank’s application, but submitting a comment does not create a right of appeal of the board’s decision under Title 63G, Chapter 4, Administrative Procedures Act, nor is the board required to address how or whether public comments impacted the board’s decision.
(4) A statutory water bank may review public comments and comments from the board before a final decision is made by the board. If the statutory water bank desires to make changes to the statutory water bank’s application, the statutory water bank may notify the board in writing before the board takes action on the application that the statutory water bank will submit a revised application following the same process that governs the filing and review of the original application for a statutory water bank under this chapter.

Enacted by Chapter 342, 2020 General Session

73-31-205 Review of statutory bank application.
(1) After complying with Sections 73-31-203 and 73-31-204, the board shall approve an application if the application satisfies Section 73-31-202, which is to be liberally interpreted by the board to facilitate the objectives described in Section 73-31-104.
(2) In approving an application, the board shall:
(a) issue an order approving the statutory water bank;
(b) approve persons to serve as the initial members of the governing body in accordance with the proposed statutory water bank’s structure and Section 73-31-202; and
(c) publish the approved application on the water banking website.
(3) If the board denies an application, the board shall issue a written explanation to the applicant that sets forth the reason for denial, provided that the board’s decision regarding an application does not create a right of appeal under Title 63G, Chapter 4, Administrative Procedures Act.

Enacted by Chapter 342, 2020 General Session

73-31-206 Amending application.
(1) After the board approves a statutory water bank’s application under this part, the statutory water bank may seek to amend the statutory water bank’s application by filing a description of the proposed amendment with the board. The board shall follow the procedures of Sections 73-31-201, 73-31-204, and 73-31-205 to approve an amendment to a statutory water bank’s application.
(2) An amendment approved by the board becomes effective on the first day of the next reporting year.

Enacted by Chapter 342, 2020 General Session

Part 3
Contract Water Banks

73-31-301 Approval of contract water bank.
(1) The board shall approve an application to create a contract water bank that satisfies this part.
(2) As a condition of approval, a contract water bank is subject to this chapter.

Enacted by Chapter 342, 2020 General Session

73-31-302 Contract water bank application.
(1) A public entity may seek to have a contract for water use approved as a contract water bank under this chapter by submitting an application to the board that meets the following criteria:
(a) the name of the contract water bank;
(b) the mailing address for the contract water bank;
(c) the proposed service area map for the contract water bank;
(d) a description of how the contract water bank’s governing body will be structured and operate;
(e) a description for how water delivery requests and loaned water rights are to be administered;
(f) criteria for the participation, if any, of non-public entities;
(g) includes a copy of the contract, provided that a public entity may redact any information that is private, controlled, protected, or otherwise restricted under Title 63G, Chapter 2, Government Records Access and Management Act;
(h) information regarding how the public can learn when the submittal of an application or contract that is the basis of the contract water bank is on the agenda of a public meeting of the public entity under Title 52, Chapter 4, Open and Public Meetings Act;
(i) whether the contract water bank will accept deposits of surface water rights or groundwater rights, provided that a contract water bank may not accept deposits of both surface water rights and groundwater rights; and
(j) the process the contract water bank will follow if the contract water bank terminates, dissolves, or the board revokes the contract water bank’s approval to operate pursuant to this chapter, including how the contract water bank will return banked water rights to depositors and how the contract water bank will return any amounts owing to depositors.
(2) The board may prepare a form or online application for an applicant to use in submitting an application to the board under this part.

Enacted by Chapter 342, 2020 General Session

73-31-303 Action by board on contract water bank application.
(1) Upon receipt of an application for a proposed contract water bank, the board shall record the day on which the board receives the application.
(2) The board shall:
(a) examine the application to determine whether changes are required for the board to process the application in accordance with this part;
(b) review the application to determine whether it meets the objectives of a water bank described in Section 73-31-103;
(c) consider the application complete if the application satisfies this part; and
(d) notify the applicant of any additional information or changes needed to process the application.
(3) Within 30 days of the date the board determines that an application is complete, the board shall post notice of the application in accordance with Section 73-31-103.
(4) The notice required by Subsection (3), shall state:
(a) that an application to approve a contract water bank has been filed with the board; and
(b) where a person may review the application.

Enacted by Chapter 342, 2020 General Session

73-31-304 Review of contract water bank application.
(1) After complying with Section 73-31-303, the board shall approve an application for a contract water bank if the application satisfies Section 73-31-302, which is to be liberally interpreted by the board to facilitate the objectives described in Section 73-31-104.
(2) In approving an application, the board shall:
(a) issue an order approving the contract water bank; and
(b) publish a summary of the information submitted by the public entity under Subsection 73-31-302(1) on the water banking website.
(3) If the board denies an application, the board shall issue a written explanation to the applicant that sets forth the reason for the denial, provided that the board’s decision regarding an application does not create a right of appeal under Title 63G, Chapter 4, Administrative Procedures Act.
(4) A contract water bank may review public comments and comments from the board before a final decision is made by the board. If the contract water bank desires to make changes to the contract water bank’s application, the contract water bank may notify the board in writing before the board takes action on the application that the contract water bank will submit a revised application following the same process that governs the filing of an original application.

Enacted by Chapter 342, 2020 General Session

73-31-305 Amending application.
(1) After the board approves a contract water bank’s application under this part, the contract water bank may seek to amend the contract water bank’s application by filing a description of the proposed amendment with the board. The board shall follow the procedures of Sections 73-31-303 and 73-31-304 to approve an amendment to a contract water bank’s application.
(2) An amendment approved by the board becomes effective on the first day of the next reporting year.

Enacted by Chapter 342, 2020 General Session

Part 4
Reporting by Water Banks

73-31-401 Annual reports.
(1)
(a) On or before November 30 of each year, the governing body of a water bank shall submit to the board an annual report on the governing body’s management of the water bank’s operations for the previous reporting year on a form provided by the board that provides the information in Subsection (2).
(b) Proof to the satisfaction of the board that the water bank has mailed, hand-delivered, or sent the annual report electronically is considered compliance with this Subsection (1).
(2) The annual report shall include the following information for the prior reporting year:
(a) a tabulation of the volume and change application number of water rights deposited in the water bank;
(b) the nature of use of each banked water right before the banked water right was deposited in the water bank and the volumes of water allocated to each use before being deposited;
(c) a tabulation of loaned water rights from that water bank, which includes:
(i) the change application number;
(ii) the volume of water derived from the loaned water rights;
(iii) the nature of use of the loaned water rights and the volumes of water allocated to each use; and
(iv) for a statutory water bank, the borrower;
(d) for a statutory water bank:
(i) the amounts charged for the loaned water rights, including a breakdown by nature of use if appropriate;
(ii) the revenue generated by the statutory water bank, including the sources of revenue;
(iii) the amounts paid out to depositors;
(iv) the statutory water bank’s expenses;
(v) the balance at the end of the reporting year of the statutory water bank’s bank account;
(vi) the accounting practices used by the statutory water bank;
(vii) whether there is pending or ongoing litigation involving the statutory water bank;
(viii) whether there are, or have been, any governmental audits of the statutory water bank;
(ix) any proposed amendments to an approved statutory water bank’s procedures for the coming reporting year;
(x) a narrative explanation of any inconsistencies in the annual report or in the operation of the statutory water bank; and
(xi) a narrative explanation of how the statutory water bank is or is not fulfilling the objectives described in Section 73-31-104; and
(e) a declaration or affidavit signed by at least two governing members of the statutory water bank stating that the information in the report is correct.
(3) The board shall deliver a copy of the prescribed form to each water bank before August 30 of each year.
(4) If the annual report contains the information required by this section, the board shall post notice of the annual report in accordance with Section 73-31-103.
(5) If the annual report does not contain the information required by this section, the board shall promptly notify the reporting water bank in writing and return the report to the water bank for correction, providing a written explanation to the water bank that sets forth the information that needs to be corrected. The water bank shall remain in good standing if the water bank submits a corrected annual report that satisfies this section within 90 days of the written notice of the board.
(6) If a water bank fails to submit an annual report by November 30, or fails to submit a corrected annual report within 90 days of the rejection of an annual report, the water bank is considered in noncompliance under this chapter.

Enacted by Chapter 342, 2020 General Session

73-31-402 Water bank noncompliance -- Revocation of application.
(1) If a water bank is in noncompliance with this chapter pursuant to Section 73-31-401, the board shall give the water bank a written notice of noncompliance that:
(a) explains why the water bank is in noncompliance; and
(b) gives the water bank a 90-day corrective period from the date of the notice to correct the cause of the noncompliance.
(2) The board shall:
(a) post a notice given under Subsection (1) pursuant to Section 73-31-103; and
(b) notify the state engineer of the water bank’s noncompliance.
(3) If the board determines that the water bank has corrected the noncompliance within the 90-day corrective period, the board shall:
(a) provide the water bank written notice that the water bank’s noncompliance has been cured;
(b) post the written notice required under Subsection (3)(a) pursuant to Section 73-31-103; and
(c) notify the state engineer that the water bank has corrected the noncompliance within the 90-day corrective period.
(4)
(a) If the water bank fails to correct the noncompliance within the 90-day corrective period, the water bank’s approval to operate terminates at the end of the current calendar year.
(b) The board shall mail notice to the water bank that the water bank’s approval to operate has terminated and that the water bank’s operations under the application shall cease at the end of the current calendar year.
(c) The board shall post the notice required under Subsection (4)(b) pursuant to Section 73-31-103.
(d) A water bank shall notify the water bank’s depositors and borrowers of the dissolution within 60 days of receiving a notice under this Subsection (4) and shall enact the procedures set forth in the water bank’s application ceasing the water bank’s operations.
(5) The state engineer may not approve a change application that seeks to deposit a water right into a water bank that the board determines to be in noncompliance under this chapter.
(6) A depositor retains title to deposited water rights and the water bank retains no ownership in the deposited water rights.

Enacted by Chapter 342, 2020 General Session

Part 5
Deposits

73-31-501 Banking water.
(1) A water right may be deposited with a water bank pursuant to an approved change application filed under Section 73-3-3 or 73-3-3.5.
(2) The state engineer may not approve a change application that authorizes the use of a water right within a water bank for any period of time that exceeds December 31, 2030.
(3) A banked water right is excused from beneficial use requirements pursuant to Subsection 73-1-4(2)(e)(xi).
(4) A depositor of a banked water right may use the banked water right in its heretofore use if:
(a) the depositor does so under the authority, control, and accounting of the water bank;
(b) the water bank informs the state engineer that the depositor’s heretofore use is consistent with the water bank’s operating procedures for loaned water rights; and
(c) during the time the depositor uses the banked water right in its heretofore use, the water bank does not allow the banked water right to be used for other uses within the water bank.
(5) If an entity authorized to condemn a water right leases a water right under this chapter, the entity may not begin the process of condemning the water right:
(a) while the entity leases the water right under this chapter; or
(b) within five years after the day on which the entity’s lease of the water right under this chapter ends.

Enacted by Chapter 342, 2020 General Session

73-31-502 Delivery request for loaned water rights in water bank.
(1) A borrower may use water from a water bank for any use within the water bank’s service area consistent with the objectives in Section 73-31-104 and the conditions, if any, of the underlying approved change application.
(2) A borrower shall make use of a banked water right by submitting a delivery request to the water bank that complies with the water bank’s requirements.
(3) The state engineer administratively supervises delivery of water to a borrower. The state engineer may:
(a) review an approved delivery request at any point in time to ensure the delivery request complies with a state engineer order approving water rights for use in the water bank, established distribution procedures based on priority, or both; and
(b) restrict delivery of loaned water rights if the approved delivery request causes impairment to other water users.
(4) A water bank shall keep a daily accounting of loaned water rights.
(5) A water bank shall refer known illegal water use actions to the state engineer’s enforcement program pursuant to Section 73-2-25.
(6) A water bank is responsible for the payment of all distribution costs assessed for the delivery of a banked water right under Section 73-5-1.

Enacted by Chapter 342, 2020 General Session

73-31-503 State engineer enforcement.
          This chapter does not limit or impair the state engineer’s enforcement powers set forth in Section 73-2-25.

Enacted by Chapter 342, 2020 General Session

Part 6
Board Reports

73-31-601 Reports.
(1) In accordance with Section 68-3-14, the board shall report annually by no later than the November interim meeting of the Natural Resources, Agriculture, and Environment Interim Committee regarding the implementation of this chapter.
(2) The board shall submit a written report to the Natural Resources, Agriculture, and Environment Interim Committee by October 31, 2029, recommending whether the Legislature should take one or more of the following actions:
(a) remove or extend the repeal date in Section 63I-1-273;
(b) amend the chapter, a provision in the chapter, or a provision in the Utah Code; or
(c) take no action and allow the chapter to repeal under Section 63I-1-273.
(3) At a minimum, the written report described under Subsection (2) shall include the following:
(a) a summary of the implementation of the chapter;
(b) a statement describing and justifying the recommendation; and
(c) a description of the positive and negative aspects of the recommendation.
(4) Before the board’s submission of the written report described in Subsection (2), the Department of Natural Resources shall prepare and submit a draft report to the board for the board’s review, provided that the executive director of the Department of Natural Resources may consult with another state agency or person that the executive director considers necessary to prepare the draft report.
(5)
(a) Upon receipt of the draft report described in Subsection (4), the board shall review the draft report and solicit public comment on the draft report by:
(i) requesting written comments; and
(ii) holding no less than one public hearing at which:
(A) the Department of Natural Resources shall explain and justify the draft report’s recommendation; and
(B) an interested person may comment on or speak for or against the draft report’s recommendations.
(b) The board shall give notice of the opportunities to provide public comment under this Subsection (5) by:
(i) mailing notice to the address of record for each water bank;
(ii) publishing notice in a newspaper of general circulation in the state; and
(iii) publishing notice as required in Section 45-1-101.
(c) The board may give separate notices for any public hearings the board may hold pursuant to Subsection 73-31-601(5)(a)(ii).
(d) The notice described in Subsection (5)(b) shall state:
(i) that the board is soliciting public comment on the draft report and shall hold a public hearing on a certain day, time, and place fixed in the notice, which shall not be less than 30 days after the day the first notice is published, for the purpose of hearing comments regarding the draft report;
(ii) that the board shall accept written comments on the draft report for a period of no less than 30 days after the day the first notice is published, and include instructions for how the public may submit comments; and
(iii) how the public may obtain a copy of the draft report.
(6) The board shall consider timely public comments submitted under this section, and may require the Department of Natural Resources to make revisions the board considers necessary before approving and submitting the final written report required in Subsection (2).

Enacted by Chapter 342, 2020 General Session

Chapter 32
Great Salt Lake Commissioner Act

Part 1
General Provisions

73-32-101 Definitions.
          As used in this chapter:
(1)”Account” means the Great Salt Lake Account created in Section 73-32-304.
(2)”Agricultural water” means water placed to beneficial use on land in agricultural use as defined under Section 59-2-502.
(3)”Commissioner” means the Great Salt Lake commissioner appointed under Section 73-32-201.
(4)”Council” means the Great Salt Lake Advisory Council created in Section 73-32-302.
(5)”Department” means the Department of Natural Resources.
(6)”Executive director” means the executive director of the department.
(7)”Office” means the Office of the Great Salt Lake Commissioner created in Section 73-32-301.
(8)”State agency” means a department, division, board, council, committee, institution, office, bureau, or other similar administrative unit of the executive branch of state government.
(9)”Strategic plan” means the plan prepared by the commissioner under Sections 73-32-202 and 73-32-204.

Amended by Chapter 93, 2025 General Session

73-32-102 Transition to department.
(1)The commissioner shall cooperate with the department to transition, to the extent consistent with this chapter, the commissioner’s functions as a part of the department.
(2)The department shall succeed to any contract in which the commissioner is a party.

Enacted by Chapter 93, 2025 General Session

Part 2
Commissioner

73-32-201 Great Salt Lake commissioner appointment.
(1)
(a)The governor shall appoint a Great Salt Lake commissioner with the advice and consent of the Senate. The commissioner shall serve within the department and report to the executive director.
(b)Before the governor appoints the commissioner under this section, the governor shall consult with the speaker of the House of Representatives and the president of the Senate concerning the selection of potential candidates for the position of commissioner.
(2)The commissioner shall serve a term of six years and may be appointed to more than one term, but shall be subject to removal at the pleasure of the governor.
(3)The governor shall establish the commissioner’s compensation within the salary range fixed by the Legislature in Title 67, Chapter 22, State Officer Compensation.

Amended by Chapter 93, 2025 General Session

73-32-202 Duties and authorizations of the commissioner.
(1)The commissioner, under the administrative oversight of the executive director, shall:
(a)subject to Section 73-32-204, prepare an approved strategic plan for the long-term health of the Great Salt Lake and update the strategic plan regularly;
(b)oversee the execution of the strategic plan by other state agencies as provided in Section 73-32-203;
(c)maintain information that measures Great Salt Lake levels, salinity, and overall health;
(d)meet regularly with the executive director and with the executive director of the Department of Environmental Quality;
(e)consult with the Division of Forestry, Fire, and State Lands regarding Title 65A, Chapter 16, Great Salt Lake Watershed Enhancement Program;
(f)monitor the integrated water assessment conducted under Chapter 10g, Part 4, Great Salt Lake Watershed Integrated Water Assessment;
(g)inform the governor, the president of the Senate, and the speaker of the House of Representatives, at least annually, about the status of the strategic plan and the progress regarding implementation of the strategic plan;
(h)at least annually report to the Executive Appropriations Committee regarding the expenditure of money under this chapter;
(i)work cooperatively with and receive input and recommendations from the Great Salt Lake Trust Council created under Section 65A-16-301 in accordance with Section 65A-16-302;
(j)coordinate and work collaboratively with water conservancy districts that serve water users within the Great Salt Lake watershed;
(k)consult on projects funded by state appropriations that are designed to acquire or lease water or water rights for the Great Salt Lake to ensure the project is consistent with the strategic plan; and
(l)annually report to the Natural Resources, Agriculture, and Environment Interim Committee regarding the activities of the commissioner.
(2)The commissioner may:
(a)access information from other state or federal agencies related to the Great Salt Lake;
(b)develop cooperative agreements between the state, political subdivisions, and agencies of the federal government for involvement in the strategic plan;
(c)produce research, documents, maps, studies, analysis, or other information that supports the strategic plan for the Great Salt Lake;
(d)facilitate and coordinate the exchange of information, comments, and recommendations on Great Salt Lake policies between and among:
(i)state agencies;
(ii)political subdivisions;
(iii)institutions of higher education that conduct research relevant to the Great Salt Lake;
(iv)nonprofit entities; and
(v)private business;
(e)communicate with the Great Salt Lake Watershed Council created under Chapter 10g, Part 3, Watershed Councils Act;
(f)subject to Subsection (4), negotiate agreements, leases, or other means to acquire or lease water or water rights for the Great Salt Lake pursuant to the exemption under Subsection 63G-6a-107.6(2); and
(g)perform other duties that the commissioner considers necessary or expedient to carry out the purposes of this chapter.
(3)
(a)The commissioner may not expend money for the purpose of acquiring or leasing water or water rights without first obtaining a review and recommendations regarding the expenditure from the Great Salt Lake Trust Council created in accordance with Section 65A-16-301.
(b)The Great Salt Lake Trust Council shall review an expenditure described in Subsection (3)(a) and may make a favorable recommendation if the Great Salt Lake Trust Council finds that the expenditure is consistent with:
(i)the strategic plan; and
(ii)activities of the water trust created in Title 65A, Chapter 16, Great Salt Lake Watershed Enhancement Program.
(4)
(a)A change application for a water right acquired or leased under Subsection (2)(f) for use on sovereign lands in the Great Salt Lake shall be administered in accordance with Section 73-3-30.
(b)The commissioner shall consult with the commissioner of the Department of Agriculture and Food regarding terms and conditions for leasing agricultural water for the Great Salt Lake.
(5)In fulfilling the duties under this chapter, the commissioner shall consult and coordinate, as necessary, with:
(a)divisions within the department;
(b)the Department of Agriculture and Food;
(c)the Department of Environmental Quality;
(d)other applicable state agencies;
(e)political subdivisions of the state;
(f)federal agencies;
(g)elected officials; and
(h)local tribal officials.

Amended by Chapter 93, 2025 General Session

73-32-203 Relationship to other state agencies.
(1) A state agency shall cooperate with the commissioner, including providing information to the commissioner, to the extent not prohibited by federal or state law, at the commissioner’s request.
(2) To the extent not prohibited by federal law and notwithstanding any other provision of state law, the commissioner may require a state agency to take action or refrain from acting to benefit the health of the Great Salt Lake to comply with the strategic plan.
(3) This chapter may not be interpreted to override, substitute, or modify a water right within the state or the role and authority of the state engineer.
(4)
(a) This Subsection (4) applies if:
(i) the commissioner determines that an action or failure to act by the Department of Environmental Quality may negatively impact the health of the Great Salt Lake, as established by the strategic plan; and
(ii) the Department of Environmental Quality refuses to act or refrain from action because the Department of Environmental Quality believes it would jeopardize a delegation agreement entered into by the Department of Environmental Quality with the United States Environmental Protection Agency.
(b) If the conditions of Subsection (4)(a) are met, the commissioner shall inform:
(i) the governor;
(ii) the speaker of the House of Representatives; and
(iii) the president of the Senate.
(c) The Department of Environmental Quality may inform the governor, the speaker of the House of Representatives, and the president of the Senate of the need for the Department of Environmental Quality to take the action or refrain from the action described in Subsection (4)(a).
(d) The governor may review the information provided under this Subsection (4) and take action to resolve the issue raised by the commissioner under Subsection (4)(b).
(e) If the conditions of Subsection (4)(a) are not met, the Department of Environmental Quality shall comply with Subsection (2).

Enacted by Chapter 205, 2023 General Session

73-32-204 Strategic plan.
(1)
(a)In accordance with this section, the commissioner shall prepare a strategic plan and obtain the approval of the governor of that strategic plan.
(b)A strategic plan prepared by the commissioner may not be implemented until the governor approves the strategic plan, except as provided in Subsection (5).
(2)The commissioner shall base the strategic plan on a holistic approach that balances the diverse interests related to the health of the Great Salt Lake, and includes provisions concerning:
(a)coordination of efforts related to the Great Salt Lake;
(b)a sustainable water supply for the Great Salt Lake, while balancing competing needs;
(c)human health and quality of life;
(d)a healthy ecosystem;
(e)economic development;
(f)water conservation, including municipal and industrial uses and agricultural uses;
(g)water and land use planning;
(h)regional water sharing; and
(i)other provisions that the commissioner determines would be for the benefit of the Great Salt Lake.
(3)
(a)The commissioner shall obtain the approval of the governor of an initial strategic plan by no later than December 31, 2023.
(b)On or before November 30, 2023, the commissioner shall submit an initial strategic plan to the governor, speaker of the House of Representatives, and the president of the Senate.
(c)The governor shall approve the strategic plan by no later than December 31, 2023, if the governor determines that the initial strategic plan satisfies this chapter.
(d)By no later than January 15, 2024, the commissioner shall provide the following a copy of the initial strategic plan approved by the governor under Subsection (3)(c):
(i)the Natural Resources, Agriculture, and Environment Interim Committee;
(ii)the department;
(iii)the Department of Environmental Quality; and
(iv)the Department of Agriculture and Food.
(4)The governor may approve a strategic plan only after consulting with the speaker of the House of Representatives and the president of the Senate.
(5)Once a strategic plan is approved by the governor, the commissioner may make substantive changes to the strategic plan without the approval of the governor, except that the commissioner shall:
(a)inform the governor, the speaker of the House of Representatives, and the president of the Senate of a substantive change to the strategic plan; and
(b)submit the strategic plan every five years for the approval of the governor in a process that is consistent with Subsection (3).
(6)The commissioner may work with the Division of Forestry, Fire, and State Lands in coordinating the comprehensive management plan created under Section 65A-17-201 with the strategic plan.

Amended by Chapter 25, 2024 General Session

Part 3
Administration

73-32-301 Office of the Great Salt Lake Commissioner.
(1) There is created the Office of the Great Salt Lake Commissioner.
(2) The office shall:
(a) provide staff support to the commissioner; and
(b) operate under the supervision of the commissioner.
(3) The department shall provide office space, furnishings, and supplies to the commissioner, the office, and support staff for the office.

Enacted by Chapter 205, 2023 General Session

73-32-302 Advisory council created -- Staffing -- Per diem and travel expenses -- Annual conflict of interest disclosure statement -- Exception -- Penalties.
(1)There is created an advisory council known as the “Great Salt Lake Advisory Council” consisting of 11 members listed in Subsection (2).
(2)
(a)The governor shall appoint the following members, with the advice and consent of the Senate:
(i)one representative of industry representing the extractive industry;
(ii)one representative of industry representing aquaculture;
(iii)one representative of conservation interests;
(iv)one representative of a migratory bird protection area as defined in Section 23A-13-101;
(v)one representative who is an elected official from municipal government, or the elected official’s designee;
(vi)five representatives who are elected officials from county government, or the elected official’s designee, one each representing:
(A)Box Elder County;
(B)Davis County;
(C)Salt Lake County;
(D)Tooele County; and
(E)Weber County; and
(vii)one representative of a publicly owned treatment works.
(3)
(a)Except as required by Subsection (3)(b), each member shall serve a four-year term.
(b)Notwithstanding Subsection (3)(a), at the time of appointment or reappointment, the governor shall adjust the length of terms of voting members to ensure that the terms of council members are staggered so that approximately half of the council is appointed every two years.
(c)When a vacancy occurs in the membership for any reason, the governor shall appoint a replacement for the unexpired term with the advice and consent of the Senate.
(d)A member shall hold office until the member’s successor is appointed and qualified.
(4)The council shall determine:
(a)the time and place of meetings; and
(b)any other procedural matter not specified in this chapter.
(5)
(a)Attendance of six members at a meeting of the council constitutes a quorum.
(b)A vote of the majority of the members present at a meeting when a quorum is present constitutes an action of the council.
(6)A member may not receive compensation or benefits for the member’s service, but may receive per diem and travel expenses in accordance with:
(a)Section 63A-3-106;
(b)Section 63A-3-107; and
(c)rules made by the Division of Finance pursuant to Sections 63A-3-106 and 63A-3-107.
(7)The department and the Department of Environmental Quality shall coordinate and provide necessary staff assistance to the council.
(8)Except as provided in Subsection (14), a council member shall, no sooner than January 1 and no later than January 31 of each year during which the council member holds office on the council:
(a)prepare a written conflict of interest disclosure statement that contains a response to each item of information described in Subsection 20A-11-1604(6); and
(b)submit the written disclosure statement to the administrator or clerk of the council.
(9)
(a)No later than 10 business days after the date on which the council member submits the written disclosure statement described in Subsection (8) to the administrator or clerk of the council, the administrator or clerk shall:
(i)post an electronic copy of the written disclosure statement on the council’s website; and
(ii)provide the lieutenant governor with a link to the electronic posting described in Subsection (9)(a)(i).
(b)The administrator or clerk of the council shall ensure that the council member’s written disclosure statement remains posted on the council’s website until the council member leaves office.
(10)The administrator or clerk of the council shall take the action described in Subsection (11) if:
(a)a council member fails to timely file the written disclosure statement described in Subsection (8); or
(b)a submitted written disclosure statement does not comply with the requirements of Subsection 20A-11-1604(6).
(11)If a circumstance described in Subsection (10) occurs, the administrator or clerk of the council shall, within five days after the day on which the administrator or clerk determines that a violation occurred, notify the council member of the violation and direct the council member to submit an amended written disclosure statement correcting the problem.
(12)
(a)It is unlawful for a council member to fail to submit or amend a written disclosure statement within seven days after the day on which the council member receives the notice described in Subsection (11).
(b)A council member who violates Subsection (12)(a) is guilty of a class B misdemeanor.
(c)The administrator or clerk of the council shall report a violation of Subsection (12)(a) to the attorney general.
(d)In addition to the criminal penalty described in Subsection (12)(b), the administrator or clerk of the council shall impose a civil fine of $100 against a council member who violates Subsection (12)(a).
(13)The administrator or clerk of the council shall deposit a fine collected under this section into the council’s account to pay for the costs of administering this section.
(14)For an individual appointed to the council under Subsection (2)(a)(v) or (vi):
(a)Subsection (8) does not apply; and
(b)the administrator or clerk of the council shall, instead:
(i)post an electronic link on the council’s website to the written disclosure statement the council member made in the council member’s capacity as an elected officer of:
(A)a county, under Section 17-70-509; or
(B)a municipality, under Section 10-3-1313; and
(ii)provide the lieutenant governor with a link to the electronic posting described in Subsection (14)(b)(i).

Amended by Chapter 17, 2025 Special Session 1

73-32-303 Duties of the council.
(1)
(a)The council shall advise the persons listed in Subsection (1)(b) on the sustainable use, protection, and development of the Great Salt Lake in terms of balancing:
(i)sustainable use;
(ii)environmental health; and
(iii)reasonable access for existing and future development.
(b)The council shall advise, as provided in Subsection (1)(a):
(i)the governor;
(ii)the department;
(iii)the Department of Environmental Quality; and
(iv)the commissioner.
(2)The council shall assist the Division of Forestry, Fire, and State Lands in the Division of Forestry, Fire, and State Land’s responsibilities for the Great Salt Lake described in Sections 65A-17-201 and 65A-17-202.
(3)The council:
(a)may recommend appointments to the Great Salt Lake technical team created by the Division of Forestry, Fire, and State Lands; and
(b)shall receive and use technical support from the Great Salt Lake technical team.
(4)The council shall assist the department, the Department of Environmental Quality, and their applicable boards in accomplishing their responsibilities for the Great Salt Lake.
(5)The council shall report annually to the Natural Resources, Agriculture, and Environmental Quality Appropriations Subcommittee on the council’s activities.

Amended by Chapter 93, 2025 General Session

73-32-304 Great Salt Lake Account.
(1) As used in this section ;
(a) “Mineral” includes a chemical compound that includes an element or mineral.
(b) “Mining” means the process of producing, extracting, leaching, evaporating, or otherwise removing a mineral from a natural deposit of the mineral.
(2)
(a) There is created within the General Fund a restricted account known as the “Great Salt Lake Account” consisting of:
(i) revenues deposited into the account under Subsection (3);
(ii) appropriations from the Legislature; and
(iii) interest and other earnings described in Subsection (2)(b).
(b) The Office of the Treasurer shall deposit interest and other earnings derived from investment of money in the account into the account.
(3) The Division of Forestry, Fire, and State Lands shall deposit into the account the royalty income received by the state from mining that occurs on or after July 1, 2022, of a mineral from the sovereign lands of the Great Salt Lake if during the fiscal year beginning July 1, 2020, the state did not receive royalty income from the mining of that same mineral from the sovereign lands of the Great Salt Lake.
(4) Upon appropriation by the Legislature, money in the account may be used to:
(a) manage the water levels of the Great Salt Lake; and
(b) fund the activities of the commissioner and office under this chapter.

Renumbered and Amended by Chapter 205, 2023 General Session
Amended by Chapter 208, 2023 General Session

Chapter 33
Great Salt Lake Distribution Management

Part 1
General Provisions

73-33-101 Definitions.
          As used in this chapter:
(1)”Distribution management plan” means a plan adopted by the state engineer in accordance with Section 73-33-201.
(2)”Great Salt Lake Comprehensive Management Plan” means the plan adopted by a record of decision by the Division of Forestry, Fire, and State Lands for the management of the Great Salt Lake.
(3)”Great Salt Lake meander line” means the same as that term is defined in Section 65A-17-101.
(4)”Great Salt Lake water right” means a water right that allows for the diversion of surface water or groundwater from a point below the Great Salt Lake meander line and that contemplates the recovery of salts or another mineral or element, as defined in Section 65A-17-101, from the water resource by precipitation or otherwise.
(5)”Great Salt Lake watershed” means the drainage area for the Great Salt Lake, the Bear River watershed, the Jordan River watershed, the Utah Lake watershed, the Weber River watershed, and the West Desert watershed.

Enacted by Chapter 25, 2024 General Session

73-33-102 Scope of chapter.
(1)A person may not interpret this chapter as requiring the development, implementation, or consideration of a distribution management plan as a prerequisite or condition to the exercise of the state engineer’s enforcement powers under other law, including powers granted under Section 73-2-25.
(2)This chapter applies to Great Salt Lake water rights that were approved or perfected on or before May 1, 2024, and Great Salt Lake water rights approved or perfected after May 1, 2024, including use under a Great Salt Lake water right of water for the mineral or element extraction process.

Enacted by Chapter 25, 2024 General Session

Part 2
Distribution Management Plan

73-33-201 Great Salt Lake distribution management plan.
(1)The state engineer shall regulate the measurement, appropriation, apportionment, and distribution  of water within the Great Salt Lake meander line by adopting a distribution management plan by no later than October 1, 2025, that establishes:
(a)consistent with Section 73-33-203, requirements for the measurement, quantification, and reporting of diversions, depletions, and return flows associated with Great Salt Lake water rights; and
(b)procedures for the apportionment and distribution of Great Salt Lake water rights.
(2)
(a)In developing a distribution management plan under this section, the state engineer may consider:
(i)the hydrology of the Great Salt Lake watershed as it affects Great Salt Lake water rights;
(ii)the physical characteristics of the Great Salt Lake;
(iii)the Great Salt Lake elevation;
(iv)the Great Salt Lake salinity;
(v)the strategic plan prepared by the Great Salt Lake commissioner and approved by the governor under Section 73-32-204;
(vi)the measurement, appropriation, apportionment, and distribution of Great Salt Lake water rights;
(vii)the quantity of water approved for beneficial use within the Great Salt Lake meander line by a division as defined in Section 73-3-30;
(viii)the quantity of water within the Great Salt Lake;
(ix)the Great Salt Lake Comprehensive Management Plan;
(x)the different types of beneficial uses of Great Salt Lake water rights; and
(xi)other relevant factors such as the economic viability impacts.
(b)The state engineer shall base the distribution management plan on the principles of prior appropriation and multiple use sustained yield, with multiple use defined in Section 65A-1-1, as the principles relate to the reasonable preservation or enhancement of the Great Salt Lake’s natural aquatic environment.
(c)The state engineer shall use the best available information to administer Great Salt Lake water rights to achieve the objectives of the distribution management plan.
(d)As hydrologic conditions change or additional information becomes available, the state engineer may revise the distribution management plan by following the procedures of Subsection (3).
(3)
(a)To adopt or amend a distribution management plan for the Great Salt Lake, the state engineer shall:
(i)give notice pursuant to Subsection (3)(b) at least 30 days before the first public meeting held in accordance with Subsection (3)(a)(ii):
(A)that the state engineer proposes to adopt or amend a distribution management plan; and
(B)stating the location, date, and time of each public meeting to be held in accordance with Subsection (3)(a)(ii);
(ii)hold one or more public meetings to:
(A)present data, studies, or reports that the state engineer intends to consider in preparing the distribution management plan;
(B)address items that may be included in the distribution management plan; and
(C)receive public comments and other information presented at the public meeting;
(iii)receive and consider written comments concerning the proposed distribution management plan from any person for a period determined by the state engineer of not less than 60 days after the day on which the notice required by Subsection (3)(a)(i) is given;
(iv)at least 60 days before final adoption of the distribution management plan, publish notice:
(A)that a draft of the distribution management plan has been proposed; and
(B)specifying where a copy of the draft distribution management plan may be reviewed;
(v)promptly provide a copy of the draft distribution management plan in printed or electronic form to each person listed in Subsection (3)(b)(iii) that requests a copy in writing; and
(vi)provide notice of the adoption of the distribution management plan.
(b)The state engineer shall ensure that a notice required by this section:
(i)is published:
(A)once a week for two consecutive weeks in a newspaper of general circulation in each county that includes any land below the Great Salt Lake meander line; and
(B)for two weeks in accordance with Section 45-1-101;
(ii)is published conspicuously on the state engineer’s website; and
(iii)is mailed to water right owners of record in the state engineer’s office of Great Salt Lake water rights.
(c)A notice required by this section is effective upon substantial compliance with Subsection (3)(b).
(d)A distribution management plan takes effect on the date notice of adoption is completed under Subsection (3)(b) or on a later date when specified in the distribution management plan.
(4)
(a)In accordance with the distribution management plan, the state engineer shall establish a priority schedule that apportions Great Salt Lake water rights based on relative priority among Great Salt Lake water rights and:
(i)develop an apportionment schedule and distribution accounting tool that accounts for:
(A)Great Salt Lake elevations;
(B)Great Salt Lake salinity;
(C)Great Salt Lake water rights;
(D)the quantity of water in the Great Salt Lake; and
(E)the quantity of water delivered to or in the Great Salt Lake under water rights approved for beneficial use by a division as defined in Section 73-3-30;
(ii)prohibit Great Salt Lake water rights from diverting the quantity of water accounted for under Subsection (4)(a)(i)(E); and
(iii)require physical measurement and annual reporting of diversion, depletion, and return flow quantities of Great Salt Lake water rights.
(b)Under a distribution management plan the state engineer may reduce the quantity of water that an owner of a Great Salt Lake water right may divert from the Great Salt Lake in accordance with the principles of prior appropriation.
(5)
(a)When adopting a distribution management plan, the state engineer may allow water users to participate in a voluntary arrangement that compensates or otherwise mitigates for the use of Great Salt Lake water rights.
(b)The participants in a voluntary arrangement under this Subsection (5) shall implement the voluntary arrangement consistent with other law.
(c)The adoption of a voluntary arrangement under this Subsection (5) by less than all of the owners of Great Salt Lake water rights does not affect the rights of those owners of Great Salt Lake water rights who do not agree to the voluntary arrangement.
(6)The existence of a distribution management plan does not preclude an otherwise eligible person from filing an application or challenging a decision made by the state engineer within the Great Salt Lake meander line, except that a person may challenge the components of a distribution management plan only in a manner provided in Section 73-33-202.
(7)A distribution management plan adopted or amended in accordance with this section is exempt from Title 63G, Chapter 3, Utah Administrative Rulemaking Act.

Enacted by Chapter 25, 2024 General Session

73-33-202 Challenges to a distribution management plan.
(1)A person aggrieved by a distribution management plan may challenge any aspect of the distribution management plan by filing a complaint within 60 days after the distribution management plan takes effect in a court with jurisdiction:
(a)under Title 78A, Judiciary and Judicial Administration; and
(b)notwithstanding Title 78B, Chapter 3a, Venue for Civil Actions, over a geographic area bordering the Great Salt Lake.
(2)In an action filed under this section, a court shall review de novo the distribution management plan.
(3)A person challenging a distribution management plan under this section shall join the state engineer as a defendant in that action.
(4)
(a)No later than 30 days after the day on which a person files an action challenging any aspect of a distribution management plan, the person filing the action shall publish notice of the action:
(i)once a week for two consecutive weeks in a newspaper of general circulation in the county in which the court is located; and
(ii)for two weeks in accordance with Section 45-1-101.
(b)The notice required by Subsection (4)(a) shall:
(i)identify the distribution management plan that the person is challenging;
(ii)identify the case number assigned by the court;
(iii)state that a person affected by the distribution management plan may petition the court to intervene in the action challenging the distribution management plan; and
(iv)list the address of the clerk of the court in which the action is filed.
(c)A person affected by a distribution management plan that is being challenged under this section may petition to intervene in the action in accordance with Utah Rules of Civil Procedure, Rule 24.

Enacted by Chapter 25, 2024 General Session

73-33-203 Measuring volume and quality of water.
(1)
(a)A person diverting water under a Great Salt Lake water right shall:
(i)measure through the use of a physical measurement and not estimate or calculate the water or brine diverted from the Great Salt Lake as part of the mineral or element extraction process;
(ii)keep a record of the measurements described in Subsection (1)(a)(i); and
(iii)report the measurements described in Subsection (1)(a)(i) to the Division of Water Rights in accordance with rules made by the Division of Water Rights under Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
(b)A duty described in Subsection (1)(a) does not replace or modify any other duty to measure water under this title or rules made under this title.
(2)A person diverting water under a Great Salt Lake water right shall:
(a)measure the salinity of any discharge of water or brine from the person’s operations into the Great Salt Lake in accordance with rules made by the Division of Forestry, Fire, and State Lands in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act;
(b)keep a record of the measurements described in Subsection (2)(a); and
(c)report the measurements described in Subsection (2)(a) to the Division of Forestry, Fire, and State Lands in accordance with rules made by the Division of Forestry, Fire, and State Lands under Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
(3)
(a)On or before June 1, 2025, the Division of Water Quality, in consultation with the Division of Forestry, Fire, and State Lands, and in cooperation with the Great Salt Lake commissioner pursuant to Section 73-32-203, shall make a rule, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, setting a limit for the salinity of water or brine that a person may discharge into the Great Salt Lake as part of the mineral or element extraction process.
(b)If a person discharges water or brine that exceeds the limit imposed under Subsection (3)(a), the Division of Water Quality may modify, revoke and reissue, or terminate any permit issued by the Division of Water Quality related to the discharge.
(4)A person shall keep a record required under this section for a period of at least five years from the day on which the record is made.

Enacted by Chapter 25, 2024 General Session