H.B. 273

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WATER EXCHANGE APPLICATIONS
2 1998 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: David Ure
5 AN ACT RELATING TO WATER AND IRRIGATION; PROVIDING THAT APPLICATIONS
6 TO EXCHANGE WATER MAY NOT BE FILED AFTER A CERTAIN DATE.
7 This act affects sections of Utah Code Annotated 1953 as follows:
8 AMENDS:
9 73-3-20, as last amended by Chapter 140, Laws of Utah 1985
10 73-26-201, as enacted by Chapter 251, Laws of Utah 1991
11 Be it enacted by the Legislature of the state of Utah:
12 Section 1. Section 73-3-20 is amended to read:
13 73-3-20. Right to divert appropriated waters into natural streams -- Requirements
14 -- Storage in reservoir -- Filing deadline -- Information required by state engineer -- Lapse
15 of application.
16 (1) (a) Upon application in writing and approval of the state engineer, any appropriated
17 water may, for the purpose of preventing waste and facilitating distribution, be turned from the
18 channel of any stream or any lake or other body of water, into the channel of any natural stream
19 or natural body of water or into a reservoir constructed across the bed of any natural stream, and
20 commingled with its waters, and a like quantity less the quantity lost by evaporation and seepage
21 may be taken out, either above or below the point where emptied into the stream, body of water
22 or reservoir. In so doing, the original water in such stream, body of water, or reservoir must not
23 be deteriorated in quality or diminished in quantity for the purpose used, and the additional water
24 turned in shall bear its share of the expense of maintenance of such reservoir and an equitable
25 proportion of the cost of the reservoir site and its construction. Any person having stored his
26 appropriated water in a reservoir for a beneficial purpose shall be permitted to withdraw the water
27 at the times and in the quantities as his necessities may require if the withdrawal does not interfere

1 with the rights of others.
2 (b) Applications to exchange water as provided in Subsection (1)(a) may not be filed on
3 or after May 4, 1998.
4 (2) (a) The state engineer may require the owner of record of an approved exchange
5 application to provide:
6 (i) information concerning the diverting works constructed[,] and the extent to which the
7 development under the exchange has occurred[, and]; or
8 (ii) other information the state engineer considers necessary to:
9 (A) insure the exchange is taking place[, to establish];
10 (B) verify that the owner of the exchange still has a legal interest in the underlying water
11 right used as the basis for the exchange[,]; or [to arrive at]
12 (C) determine the quantity of water being exchanged. [This]
13 (b) The information required under Subsection (2)(a) shall be provided by the owner of
14 record of an approved exchange [within] no later than 60 days [of notification by] after the state
15 engineer requests the owner of record to submit the information.
16 (3) The state engineer may lapse an application made pursuant to this section under the
17 following conditions:
18 (a) the applicant has lost a legal interest in the underlying right used to facilitate the
19 exchange;
20 (b) the exchange can no longer be carried out as stated in the application;
21 (c) the applicant has not complied with the conditions established in approving the
22 exchange; or
23 (d) the applicant fails to provide the information as outlined in Subsection [73-3-20](2).
24 Section 2. Section 73-26-201 is amended to read:
25 73-26-201. Entities eligible to receive developed water -- Selling or leasing water
26 outside entity boundaries.
27 (1) Water developed by projects authorized under this chapter, except water reserved for
28 wildlife or public recreation, shall be made available by contract exclusively to the following
29 entities:
30 (a) the Bear River Water Conservancy District;
31 (b) the Salt Lake County Water Conservancy District;

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1 (c) the Weber Basin Water Conservancy District; and
2 (d) municipalities, water companies, and any water conservancy district in Cache County.
3 (2) A conservancy district that purchases or leases developed water may lease the water
4 to any person.
5 (3) A municipality that purchases or leases developed water may sell or lease the water
6 to any person located:
7 (a) within the boundaries of the municipality; or
8 (b) outside the boundaries of the municipality:
9 (i) but within the county in which the municipality is located; or
10 (ii) into a state adjacent to the county in which the municipality is located, subject to state
11 law and approval by the state engineer.
12 (4) A municipality, water company, or conservancy district that purchases or leases
13 developed water may use the water directly or by exchange under an approved change application
14 in accordance with Section [73-3-20] 73-3-3.




Legislative Review Note
as of 1-19-98 7:42 AM

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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