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H.B. 25 Enrolled

    

PUBLIC WATER SUPPLY AGENCIES -

    
APPLICATION AND USE

    
1997 GENERAL SESSION

    
STATE OF UTAH

    
Sponsor: Dennis H. Iverson

    AN ACT RELATING TO WATER AND IRRIGATION; REMOVING THE 50-YEAR
    DEADLINE FOR THE PERFECTION OF WATER RIGHTS HELD BY THE STATE
    OR POLITICAL SUBDIVISIONS OF THE STATE; AND ALLOWING ONLY A
    WATER RIGHT OWNER OR WATER RIGHT APPLICANT TO PROTEST ANY
    APPLICATION FOR AN EXTENSION OF TIME TO PERFECT A WATER RIGHT.
    This act affects sections of Utah Code Annotated 1953 as follows:
    AMENDS:
         73-3-12, as last amended by Chapter 19, Laws of Utah 1995
    Be it enacted by the Legislature of the state of Utah:
        Section 1. Section 73-3-12 is amended to read:
         73-3-12. Time limit on construction and application to beneficial use -- Extensions
     -- Procedures and criteria.
        (1) As used in this section, "public agency" means a public water supply agency of:
        (a) the state; or
        (b) a political subdivision of the state.
        [(1)] (2) (a) The construction of the works and the application of water to beneficial use
    shall be diligently prosecuted to completion within the time fixed by the state engineer.
        (b) Extensions of time, not exceeding 50 years from the date of approval of the application,
    except as provided in Subsection (c), may be granted by the state engineer on proper showing of
    diligence or reasonable cause for delay.
        (c) Additional extensions of time, beyond 50 years, may be granted by the state engineer
    on applications held by any public agency, if the public agency can demonstrate the water will be
    needed to meet the reasonable future requirements of the public.
        [(c)] (d) All requests for extension of time shall be made by affidavit and shall be filed in

    the office of the state engineer on or before the date fixed for filing proof of appropriation.
        [(d)] (e) Extensions not exceeding 14 years after the date of approval may be granted by the
    state engineer upon a sufficient showing by affidavit, but extensions beyond 14 years shall be
    granted only after application and publication of notice.
        [(e)] (f) (i) (A) The state engineer shall publish notice once each week for 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.
        (B) The notice may be published in more than one newspaper.
        (ii) The notice shall inform the public of the diligence claimed and the reason for the request.
        [(f)] (g) Any person [interested] who owns a water right from the source of supply referred
    to in Subsection (f) or holds an application from that source of supply 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)] (h) In considering an application to extend the time in which to place water to
    beneficial use under an approved application, the state engineer shall deny the extension and declare
    the application lapsed, unless the applicant affirmatively shows that [he] the applicant has exercised
    or is exercising reasonable and due diligence in working toward completion of the appropriation.
        [(h)] (i) (i) If reasonable and due diligence is shown by the applicant, the state engineer shall
    approve the extension.
        (ii) The approved extension is effective so long as the applicant continues to exercise
    reasonable diligence in completing the appropriation.
        [(i)] (j) The state engineer shall consider the holding of an approved application by any
    [municipality, metropolitan water district, or other] public agency to meet the reasonable future
    requirements of the public to be reasonable and due diligence within the meaning of this section for
    the first 50 years. The state engineer may approve extensions beyond 50 years for a public agency,
    if the agency provides information sufficient to demonstrate the water will be needed to meet the

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    reasonable future requirements of the public.
        [(j) The state engineer, in acting upon requests for extension of time, may, if he] (k) If the
    state engineer finds unjustified delay or lack of diligence in prosecuting the works to completion,
    the state engineer may deny the extension or may grant the request in part or upon conditions,
    including a reduction of the priority of all or part of the application.
        [(2)] (3) (a) [An] Except as provided in Subsections (b) and (c), an application upon which
    proof has not been submitted shall lapse and have no further force or effect after the expiration of
    50 years from the date of its approval.
        (b) 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, grant additional time beyond the 50-year period
    in which to make proof.
        (c) An application held by a public agency to meet the reasonable future requirements of the
    public, for which proof of appropriation has not been submitted, shall lapse, unless extended as
    provided in Subsection (2)(j).

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