H.B. 281 Enrolled

PROOF OF APPROPRIATION REQUIREMENTS
1998 GENERAL SESSION
STATE OF UTAH
Sponsor: Michael R. Styler
AN ACT RELATING TO WATER AND IRRIGATION; REQUIRING PROOF OF
APPROPRIATION OR PROOF OF CHANGE OF WATER USE TO CONFORM TO RULES
AND STANDARDS OF THE STATE ENGINEER.
This act affects sections of Utah Code Annotated 1953 as follows:
AMENDS:
73-3-16, as last amended by Chapter 190, Laws of Utah 1973
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 73-3-16 is amended to read:
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 [certified] mail when proof of completion of
the works and application of the water to a beneficial use will be due.
(2) On or before the date set for completing [such] the proof in accordance with [his] the
application, the applicant shall file proof [to] with the state engineer[,] on [blanks to be] forms
furnished by the state engineer[, by a statement descriptive].
(3) Except as provided in Subsection (4), the applicant shall submit the following
information:
(a) a description of the works constructed[, and of];
(b) the quantity of water in acre-feet or the flow in second-feet [appropriated, and of]
diverted, or both;
(c) the method of applying the water to beneficial use[, with]; and
(d) (i) detailed measurements of water put to beneficial use[, giving];
(ii) the date the measurements were made; and

(iii) the name of the person making the measurements[; provided, however, that on].
(4) (a) On applications [heretofore or hereafter] filed for appropriation or permanent change
of use of water to provide a water supply for state projects constructed pursuant to Title 73, Chapter
10, [Utah Code Annotated 1953] Board of Water Resources - Division of Water Resources, [and]
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 [need show no more than] shall include:
[(a) completion of] (i) a statement indicating construction of the project works[,] has been
completed;
[(b)] (ii) a description of the major features [thereof] with appropriate maps, profiles,
drawings, and reservoir area-capacity curves[,];
[(c)] (iii) a description of the point or points of diversion and rediversion[,];
[(d)] (iv) project operation data[,];
[(e) a description by configuration on] (v) a map [of] showing the place of use of water and
a statement of the purpose[,] and method of use[,];
[(f)] (vi) the project plan for beneficial use of water under [such] the applications and the
quantity of water required[,]; and
[(g) the installation of necessary] (vii) a statement indicating what type of measuring
devices have been installed.
(b) The [chairman of the Utah water and power board] director of the Division of Water
Resources shall sign proofs for the state projects and [the duly] an authorized official of the Bureau
of Reclamation shall sign proofs for the federal projects specified [above] in Subsection (4)(a).
(5) The proof on all applications shall be sworn to by the applicant or [his duly] the
applicant's appointed representative and proof engineer[, and shall be accompanied by].
(6) (a) Except as provided in Subsection (6)(b), when filing proof, the applicant shall submit
maps, profiles [(in case of power use only)], and drawings made [on tracing linen] by a [reputable
registered land surveyor or] Utah licensed land surveyor or Utah licensed professional engineer[, and

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shall] that show [fully and correctly]:
(i) the location of the completed works [with reference to a United States land survey corner
if within a distance of six miles of a land survey corner, the tie may be to a mineral monument, or
to a permanent federal triangulation or traverse monument. If in unsurveyed territory and not within
six miles of a mineral or federal triangulation monument, such point may be designated with
reference to a permanent prominent natural object. The proof shall also show];
(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[. The]; and
(iv) the place of use [shall be shown by legal subdivisions consisting of forty-acre tracts
according to United States land surveys on the maps and in the written proof, together with acreage
in case of use for irrigation, but when water is used on less than a legal subdivision the description
both in the written proof and on the map need not be given by metes and bounds but the maps will
show the configuration of the place of use, together with the acreage of irrigated land. The diverting
channel on the map need be shown only from the point of diversion to the point where distribution
of water begins and may be represented by traverse without metes and bounds. Such other matter
must be furnished as will fully and correctly delineate the work done and conform to the general
rules and regulations of the state engineer's office consistent with this section. The maps, profiles
(where necessary) and drawings shall be verified by oath of the engineer who made them and by the
applicant whose work they represent, in such form as the state engineer shall by general rule
prescribe].
(b) The state engineer may waive the filing of maps, profiles, and drawings if in [his] the
state engineer's opinion the written proof adequately describes the works and the nature and extent
of beneficial use.
(7) The completed proof shall conform to rules and standards established by the state
engineer.
(8) In those areas in which general determination proceedings are pending, or have been
concluded, under Title 73, Chapter 4 [of this Code], Determination of Water Rights, the state

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engineer may petition the district court for permission to:
(a) waive the requirements of this section and [of] Section 73-3-17 [as to proof of
appropriation and proof of change and as to issuance of certificate of appropriation and certificate
of change,]; and [to]
(b) permit each owner of an application to file a verified statement to the effect that [he] the
applicant has completed [his] the appropriation or change and elects to file a statement of water users
claim in [such] the proposed determination of water rights or any supplement [thereto] to it in
accordance with [and pursuant to] Title 73, Chapter 4, Determination of Water Rights, in lieu of
proof of appropriation or proof of change.

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