H.B. 104

1

FILING AND PERFECTING OF WATER
2 RIGHTS
3 2004 GENERAL SESSION
4 STATE OF UTAH
5 Sponsor: Bradley T. Johnson
6
7 LONG TITLE
8 General Description:
9 This bill amends water appropriation provisions for an application of beneficial use for
10 public agencies.
11 Highlighted Provisions:
12 This bill:
13 . amends water application provisions relating to an extension of time for public
14 agencies; and
15 . amends the extension of time provision for public agencies to include the provision
16 that after 25 years if the agency is demonstrating due diligence in completing the
17 work, it may receive a further extension of time.
18 Monies Appropriated in this Bill:
19 None
20 Other Special Clauses:
21 None
22 Utah Code Sections Affected:
23 AMENDS:
24 73-3-12, as last amended by Chapter 99, Laws of Utah 2003
25
26 Be it enacted by the Legislature of the state of Utah:
27 Section 1. Section 73-3-12 is amended to read:

28 73-3-12. Time limit on construction and application to beneficial use --
29 Extensions -- Procedures and criteria.
30 (1) As used in this section, "public agency" means a public water supply agency of:
31 (a) the state; or
32 (b) a political subdivision of the state.
33 (2) (a) The construction of the works and the application of water to beneficial use
34 shall be diligently prosecuted to completion within the time fixed by the state engineer.
35 (b) Extensions of time, not exceeding 50 years from the date of approval of the
36 application, except as provided in Subsection (2)(c), may be granted by the state engineer on
37 proper showing of diligence or reasonable cause for delay.
38 (c) Additional extensions of time, beyond 50 years, may be granted by the state
39 engineer on applications held by any public agency, if the public agency can demonstrate [the
40 water will be needed to meet the reasonable future requirements of the public] due diligence in
41 working toward project completion.
42 (d) All requests for extension of time shall be made by signed statement and shall be
43 filed in the office of the state engineer on or before the date fixed for filing proof of
44 appropriation.
45 (e) Extensions not exceeding 14 years after the date of approval may be granted by the
46 state engineer upon a sufficient showing by signed statement, but extensions beyond 14 years
47 shall be granted only after application and publication of notice.
48 (f) (i) The state engineer shall publish a notice of the application once a week for two
49 successive weeks, in a newspaper of general circulation, in the county in which the source of
50 the water supply is located and where the water is to be used.
51 (ii) The notice shall:
52 (A) state that an application has been made; and
53 (B) specify where the interested party may obtain additional information relating to the
54 application.
55 (g) Any person who owns a water right from the source of supply referred to in
56 Subsection (2)(f) or holds an application from that source of supply may file a protest with the
57 state engineer:
58 (i) within 20 days after the notice is published, if the adjudicative proceeding is

59 informal; and
60 (ii) within 30 days after the notice is published, if the adjudicative proceeding is
61 formal.
62 (h) In considering an application to extend the time in which to place water to
63 beneficial use under an approved application, the state engineer shall deny the extension and
64 declare the application lapsed, unless the applicant affirmatively shows that the applicant has
65 exercised or is exercising reasonable and due diligence in working toward completion of the
66 appropriation.
67 (i) (i) If reasonable and due diligence is shown by the applicant, the state engineer shall
68 approve the extension.
69 (ii) The approved extension is effective so long as the applicant continues to exercise
70 reasonable diligence in completing the appropriation.
71 (j) The state engineer shall consider the holding of an approved application by any
72 public agency to meet the reasonable future requirements of the public to be reasonable and
73 due diligence within the meaning of this section for the first [50] 25 years. The state engineer
74 may approve extensions beyond [50] 25 years for a public agency, if the agency [provides
75 information sufficient to demonstrate the water will be needed to meet the reasonable future
76 requirements of the public] demonstrates that it is working diligently toward project
77 completion.
78 (k) If the state engineer finds unjustified delay or lack of diligence in prosecuting the
79 works to completion, the state engineer may deny the extension or may grant the request in part
80 or upon conditions, including a reduction of the priority of all or part of the application.
81 (3) (a) Except as provided in Subsections (3)(b) and (c), an application upon which
82 proof has not been submitted shall lapse and have no further force or effect after the expiration
83 of 50 years from the date of its approval.
84 (b) If the works are constructed with which to make beneficial use of the water applied
85 for, the state engineer may, upon showing of that fact, grant additional time beyond the 50-year
86 period in which to make proof.
87 (c) An application held by a public agency to meet the reasonable future requirements
88 of the public, for which proof of appropriation has not been submitted, shall lapse, unless
89 extended as provided in Subsection (2)(j).

Legislative Review Note
as of 1-20-04 11:44 AM

A limited legal review of this legislation raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel