7 LONG TITLE
8 General Description:
9 This bill requires that a person who applies for a permanent or temporary change to a
10 water right meet certain qualifications.
11 Highlighted Provisions:
12 This bill:
13 ▸ defines terms;
14 ▸ requires that a person who applies for a permanent or temporary change to a water
15 right meet certain qualifications, including being:
16 • a holder of an approved but unperfected application to appropriate water;
17 • the record owner of a perfected water right;
18 • a person who has written authorization from a person described above to file a
19 change application on that person's behalf; or
20 • a shareholder in a water company who files in accordance with Section
21 73-3-3.5; and
22 ▸ makes technical changes.
23 Money Appropriated in this Bill:
25 Other Special Clauses:
27 Utah Code Sections Affected:
29 73-3-3, as last amended by Laws of Utah 2012, Chapter 229
31 Be it enacted by the Legislature of the state of Utah:
32 Section 1. Section 73-3-3 is amended to read:
33 73-3-3. Permanent or temporary changes in point of diversion, place of use, or
34 purpose of use.
35 (1) For purposes of this section:
36 (a) "Permanent change" means a change, for an indefinite period of time, with an intent
37 to relinquish the original point of diversion, place of use, or purpose of use.
38 (b) "Person entitled to the use of water" means:
39 (i) the holder of an approved but unperfected application to appropriate water;
40 (ii) the record owner of a perfected water right;
41 (iii) a person who has written authorization from a person described in Subsection
42 (1)(b)(i) or (ii) to file a change application on that person's behalf; or
43 (iv) a shareholder in a water company who is authorized to file a change application in
44 accordance with Section 73-3-3.5.
46 one year.
47 (2) (a) Subject to Subsection (2)(c), a person entitled to the use of water may make
48 permanent or temporary changes in the:
49 (i) point of diversion;
50 (ii) place of use; or
51 (iii) purpose of use for which the water was originally appropriated.
52 (b) Except as provided by Section 73-3-30, a change may not be made if it impairs a
53 vested water right without just compensation.
54 (c) A change application on a federal reclamation project water right shall be signed
56 (i) the local water users organization that is contractually responsible for:
57 (A) the operation and maintenance of the project; or
58 (B) the repayment of project costs; and
59 (ii) the record owner of the water right.
60 (3) A person entitled to the use of water shall change a point of diversion, place of use,
61 or purpose of water use, including water involved in a general adjudication or other suit, in the
62 manner provided in this section.
63 (4) (a) A person entitled to the use of water may not make a change unless the state
64 engineer approves the change application.
65 (b) A person entitled to the use of water shall submit a change application upon forms
66 furnished by the state engineer and shall set forth:
67 (i) the applicant's name;
68 (ii) the water right description;
69 (iii) the water quantity;
70 (iv) the stream or water source;
71 (v) if applicable, the point on the stream or water source where the water is diverted;
72 (vi) if applicable, the point to which it is proposed to change the diversion of the water;
73 (vii) the place, purpose, and extent of the present use;
74 (viii) the place, purpose, and extent of the proposed use; and
75 (ix) any other information that the state engineer requires.
76 (5) (a) The state engineer shall follow the same procedures, and the rights and duties of
77 the applicants with respect to applications for permanent changes of point of diversion, place of
78 use, or purpose of use shall be the same, as provided in this title for applications to appropriate
80 (b) The state engineer may waive notice for a permanent change application involving
81 only a change in point of diversion of 660 feet or less.
82 (6) (a) The state engineer shall investigate all temporary change applications.
83 (b) If the state engineer finds that the temporary change will not impair a vested water
84 right, the state engineer shall issue an order authorizing the change.
85 (c) If the state engineer finds that the change sought might impair a vested water right,
86 before authorizing the change, the state engineer shall give notice of the application to any
87 person whose right may be affected by the change.
88 (d) Before making an investigation or giving notice, the state engineer may require the
89 applicant to deposit a sum of money sufficient to pay the expenses of the investigation and
90 publication of notice.
91 (7) (a) Except as provided by Section 73-3-30, the state engineer may not reject a
92 permanent or temporary change application for the sole reason that the change would impair a
93 vested water right.
94 (b) If otherwise proper, the state engineer may approve a permanent or temporary
95 change application for part of the water involved or upon the condition that the applicant
96 acquire the conflicting water right.
97 (8) (a) A person holding an approved application for the appropriation of water may
98 change the point of diversion, place of use, or purpose of use.
99 (b) A change of an approved application does not:
100 (i) affect the priority of the original application; or
101 (ii) extend the time period within which the construction of work is to begin or be
103 (9) Any person who changes or who attempts to change a point of diversion, place of
104 use, or purpose of use, either permanently or temporarily, without first applying to the state
105 engineer in the manner provided in this section:
106 (a) obtains no right;
107 (b) is guilty of a crime punishable under Section 73-2-27 if the change or attempted
108 change is made knowingly or intentionally; and
109 (c) is guilty of a separately punishable offense for each day of the unlawful change.
110 (10) (a) This section does not apply to the replacement of an existing well by a new
111 well drilled within a radius of 150 feet from the point of diversion of the existing well.
112 (b) Any replacement well must be drilled in accordance with the requirements of
113 Section 73-3-28.
Legislative Review Note
as of 12-1-14 9:58 AM
Office of Legislative Research and General Counsel