S.B. 128

1

RAINWATER HARVESTING
2 2009 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Scott K. Jenkins
5 House Sponsor: Kerry W. Gibson
6
7 LONG TITLE
8 General Description:
9 This bill provides for the collection and use of precipitation without obtaining a water
10 right under certain conditions.
11 Highlighted Provisions:
12 This bill:
13 . provides for the collection and use of precipitation without obtaining a water right
14 under certain conditions; and
15 . makes technical corrections.
16 Monies Appropriated in this Bill:
17 None
18 Other Special Clauses:
19 None
20 Utah Code Sections Affected:
21 AMENDS:
22 73-3-1, Utah Code Annotated 1953
23
24 Be it enacted by the Legislature of the state of Utah:
25 Section 1. Section 73-3-1 is amended to read:
26 73-3-1. Appropriation -- Manner of acquiring water rights.
27 [Rights] (1) A person may only acquire a right to the use of the unappropriated public

28 waters in this state [may be acquired only] as provided for in this title. [No appropriation of
29 water may be made and no rights to the use thereof initiated and no notice of intent to
30 appropriate shall be recognized except application for such appropriation first be made to the
31 state engineer in the manner hereinafter provided, and not otherwise. The]
32 (2) The appropriation of public waters in the state shall comply with the requirements
33 of this title.
34 (3) Except as provided in Subsection (7), a person obtaining, initiating the use of, or
35 providing notice of intent to appropriate a water right shall comply with the requirements of
36 this chapter.
37 (4) A person shall make an appropriation [must be for some] for a useful and beneficial
38 purpose[, and, as between].
39 (5) (a) Between appropriators, the one first in time [shall be] is first in rights[;
40 provided, that when a].
41 (b) A use designated by an application to appropriate any of the unappropriated waters
42 of the state that would materially interfere with a more beneficial use of [such] the water[, the
43 application] shall be dealt with as provided in Section 73-3-8 . [No]
44 (6) A person may not acquire a right to the use of water either appropriated or
45 unappropriated [can be acquired] by adverse use or adverse possession.
46 (7) Notwithstanding the requirements of Section 73-3-2 , a person may:
47 (a) directly capture and store precipitation in a storage container with a maximum
48 capacity of 2,500 gallons; and
49 (b) place the water captured and stored under Subsection (7)(a) to beneficial use.




Legislative Review Note
as of 1-21-09 10:16 AM

Office of Legislative Research and General Counsel