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H.B. 256 Enrolled
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8 LONG TITLE
9 General Description:
10 This bill amends provisions relating to a livestock watering right.
11 Highlighted Provisions:
12 This bill:
13 . repeals the authority of the Department of Agriculture and Food relating to a
14 livestock water use certificate;
15 . defines terms;
16 . authorizes a beneficial user to file a nonuse application for a livestock watering
17 right;
18 . repeals the provision relating to a forage right;
19 . clarifies who can apply for a livestock water use certificate and water right; and
20 . requires the state engineer to provide an online application for a livestock water use
21 certificate.
22 Monies Appropriated in this Bill:
23 None
24 Other Special Clauses:
25 None
26 Utah Code Sections Affected:
27 AMENDS:
28 4-20-2, as last amended by Laws of Utah 2008, Chapter 399
29 73-3-31, as enacted by Laws of Utah 2008, Chapter 399
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31 Be it enacted by the Legislature of the state of Utah:
32 Section 1. Section 4-20-2 is amended to read:
33 4-20-2. Rangeland Improvement Fund -- Administered by department.
34 (1) (a) There is created a restricted special revenue fund known as the "Rangeland
35 Improvement Fund."
36 (b) The fund shall consist of:
37 (i) all monies received by the state from the United States Secretary of Interior under
38 the Taylor Grazing Act, 43 U.S.C. Section 315 et seq., for sales, leases, and fees;
39 (ii) grants or appropriations from the state or federal government;
40 (iii) grants from private foundations; and
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44 (2) Any unallocated balance in the fund at the end of a fiscal year is nonlapsing.
45 (3) The department shall:
46 (a) administer the fund;
47 (b) obtain from the United States Department of Interior the receipts collected from:
48 (i) fees in each grazing district; and
49 (ii) the receipts collected from the sale or lease of public lands; and
50 (c) distribute fund monies in accordance with Section 4-20-3 .
51 Section 2. Section 73-3-31 is amended to read:
52 73-3-31. Water right for watering livestock on public land.
53 (1) As used in this section:
54 (a) "Acquire" means to gain the right to use water through obtaining:
55 (i) an approved application to appropriate water; or
56 (ii) a perfected water right.
57 (b) "Allotment" means a designated area of public land available for livestock grazing.
58 (c) (i) "Beneficial user" means the person that [
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64 (ii) "Beneficial user" does not mean the public land agency issuing the grazing permit.
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66 allotment.
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69 (i) livestock to consume water:
70 (A) directly from the water source located on public land; or
71 (B) from an impoundment located on public land into which the water is diverted; and
72 (ii) associated uses of water related to the raising and care of livestock on public land.
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75 (ii) "Public land" does not mean land owned by:
76 (A) the Division of Wildlife Resources; [
77 (B) the School and Institutional Trust Lands Administration[
78 (C) the Division of Parks and Recreation.
79 (h) "Public land agency" means the agency that owns or manages the public land.
80 (2) On or after [
81 livestock watering right may only be acquired by a public land agency jointly with a beneficial
82 user.
83 (3) The state engineer may not approve a change application under Section 73-3-3 for
84 a livestock watering right without the consent of the beneficial user.
85 (4) A beneficial user may file a nonuse application under Section 73-1-4 on a
86 livestock watering right or a portion of a livestock watering right that the beneficial user puts
87 to beneficial use.
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89 (5) A livestock watering right is appurtenant to the allotment on which the livestock is
90 watered.
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93 state engineer for a livestock water use certificate.
94 (ii) The state engineer shall:
95 (A) provide the livestock water use certificate application form on the Internet; and
96 (B) allow electronic submission of the livestock water use certificate application.
97 (b) The state engineer shall grant a livestock water use certificate to:
98 (i) a beneficial user if the beneficial user:
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100 to use a grazing permit for the allotment to which the livestock watering right is appurtenant;
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128 (ii) the public land agency if the public land agency:
129 (A) (I) demonstrates that the public land agency owns a livestock watering right; or
130 (II) issues a grazing permit for the allotment to which the livestock watering right is
131 appurtenant; and
132 (B) pays the fee set in accordance with Section 73-2-14 .
133 (c) A livestock water use certificate is valid as long as the livestock watering right is:
134 (i) put to beneficial use within a seven-year time period; or
135 (ii) subject to a nonuse application approved under Section 73-1-4 .
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