S.B. 8 Enrolled

1

USE OF STATE ENGINEER FEES
2 2007 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Margaret Dayton
5 House Sponsor: Ben C. Ferry
6
7 LONG TITLE
8 General Description:
9 This bill authorizes the state engineer to use fees for water right conveyance.
10 Highlighted Provisions:
11 This bill:
12 . allows the state engineer to use fees to process reports of water right conveyance.
13 Monies Appropriated in this Bill:
14 None
15 Other Special Clauses:
16 None
17 Utah Code Sections Affected:
18 AMENDS:
19 73-2-14, as last amended by Chapter 276, Laws of Utah 2002
20
21 Be it enacted by the Legislature of the state of Utah:
22 Section 1. Section 73-2-14 is amended to read:
23 73-2-14. Fees of state engineer -- Deposited as a dedicated credit.
24 (1) The state engineer shall charge fees pursuant to Section 63-38-3.2 for the
25 following:
26 (a) applications to appropriate water;
27 (b) applications to temporarily appropriate water;
28 (c) applications for permanent or temporary change;
29 (d) applications for exchange;

30 (e) applications for an extension of time in which to resume use of water;
31 (f) applications to appropriate water, or make a permanent or temporary change, for use
32 outside the state filed pursuant to Title 73, Chapter 3a, Water Exports;
33 (g) groundwater recovery permits;
34 (h) diligence claims for surface or underground water filed pursuant to Section
35 73-5-13 ;
36 (i) republication of notice to water users after amendment of application where
37 required by this title;
38 (j) applications to segregate;
39 (k) requests for an extension of time in which to submit proof of appropriation not to
40 exceed 14 years after the date of approval of the application;
41 (l) requests for an extension of time in which to submit proof of appropriation 14 years
42 or more after the date of approval of the application;
43 (m) groundwater recharge permits;
44 (n) applications for a well driller's license, annual renewal of a well driller's license,
45 and late annual renewal of a well driller's license;
46 (o) certification of copies;
47 (p) preparing copies of documents; and
48 (q) reports of water right conveyance.
49 (2) Fees for the services specified in Subsections (1)(a) through (i) shall be based upon
50 the rate of flow or volume of water. If it is proposed to appropriate by both direct flow and
51 storage, the fee shall be based upon either the rate of flow or annual volume of water stored,
52 whichever fee is greater.
53 (3) Fees collected under this section:
54 (a) shall be deposited in the General Fund as a dedicated credit to be used by the
55 Division of Water Rights; and
56 (b) may only be used by the Division of Water Rights to:
57 (i) meet the publication of notice requirements under this title[.]; and

58 (ii) process reports of water right conveyance.