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H.B. 281
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5 AN ACT RELATING TO WATER AND IRRIGATION; REQUIRING PROOF OF
6 APPROPRIATION OR PROOF OF CHANGE OF WATER USE TO CONFORM TO RULES
7 AND STANDARDS OF THE STATE ENGINEER.
8 This act affects sections of Utah Code Annotated 1953 as follows:
9 AMENDS:
10 73-3-16, as last amended by Chapter 190, Laws of Utah 1973
11 Be it enacted by the Legislature of the state of Utah:
12 Section 1. Section 73-3-16 is amended to read:
13 73-3-16. Proof of appropriation or permanent change -- Notice -- Manner of proof
14 -- Statements -- Maps, profiles and drawings -- Verification -- Waiver of filing -- Statement
15 in lieu of proof of appropriation or change.
16 (1) Sixty days before the date set for the proof of appropriation or proof of change to be
17 made the state engineer shall notify the applicant h BY MAIL h [
17a completion of
18 the works and application of the water to a beneficial use will be due.
19 (2) On or before the date set for completing [
20 application the applicant shall file proof [
21 furnished by the state engineer[
22 (3) Except as provided in Subsection (4), the applicant shall submit the following
23 information:
24 (a) a description of the works constructed[
25 (b) the quantity of water in acre-feet or the flow in second-feet [
26 diverted, or both;
27 (c) the method of applying the water to beneficial use[
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1 (d) (i) detailed measurements of water put to beneficial use[
2 (ii) the date the measurements were made; and
3 (iii) the name of the person making the measurements[
4 (4) (a) On applications [
5 change of use of water to provide a water supply for state projects constructed pursuant to Title
6 73, Chapter 10, [
7 Resources, [
8 for the use and benefit of the state, any of its agencies, its political subdivisions, public and
9 quasi-municipal corporations, or water users' associations of which the state, its agencies, political
10 subdivisions, or public and quasi-municipal corporations are stockholders, the proof [
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13 completed;
14 [
15 drawings, and reservoir area-capacity curves[
16 [
17 [
18 [
19 and a statement of the purpose[
20 [
21 quantity of water required[
22 [
23 devices have been installed.
24 (b) The [
25 Resources shall sign proofs for the state projects and [
26 of Reclamation shall sign proofs for the federal projects specified [
27 (5) The proof on all applications shall be sworn to by the applicant or [
28 applicant's appointed representative and proof engineer[
29 (6) (a) Except as provided in Subsection (b), when filing proof, the applicant shall submit
30 maps, profiles [
31 [
31a LICENSED PROFESSIONAL h engineer[
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1 (i) the location of the completed works [
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6 (ii) the nature and extent of the completed works[
7 (iii) the natural stream or source from which and the point where the water is diverted and,
8 in the case of a nonconsumptive use, the point where the water is returned[
9 (iv) the place of use [
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21 (b) The state engineer may waive the filing of maps, profiles, and drawings if in [
22 state engineer's opinion the written proof adequately describes the works and the nature and extent
23 of beneficial use.
24 (7) The completed proof shall conform to rules and standards established by the state
25 engineer.
26 (8) In those areas in which general determination proceedings are pending, or have been
27 concluded, under Title 73, Chapter 4 [
28 engineer may petition the district court for permission to:
29 (a) waive the requirements of this section and [
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1 (b) permit each owner of an application to file a verified statement to the effect that [
2 the applicant has completed [
3 users claim in [
4 in accordance with [
5 of proof of appropriation or proof of change.
Legislative Review Note
as of 1-9-98 12:05 PM
A limited legal review of this bill raises no obvious constitutional or statutory concerns.
Office of Legislative Research and General Counsel
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