1     
WATER APPLICATIONS AMENDMENTS

2     
2020 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Timothy D. Hawkes

5     
Senate Sponsor: Ralph Okerlund

6     

7     LONG TITLE
8     General Description:
9          This bill addresses applications for small amounts of water.
10     Highlighted Provisions:
11          This bill:
12          ▸     allows the state engineer to issue a certificate meeting certain requirements before
13     evaluating a claim in a general adjudication; and
14          ▸     makes technical changes.
15     Money Appropriated in this Bill:
16          None
17     Other Special Clauses:
18          None
19     Utah Code Sections Affected:
20     AMENDS:
21          73-3-5.6, as last amended by Laws of Utah 2019, Chapter 158
22     

23     Be it enacted by the Legislature of the state of Utah:
24          Section 1. Section 73-3-5.6 is amended to read:
25          73-3-5.6. Applications to appropriate or permanently change a small amount of
26     water -- Proof of appropriation or change.
27          (1) As used in this section:
28          (a) "Application" means an application to:
29          (i) appropriate a small amount of water; or

30          (ii) permanently change a small amount of water.
31          (b) "Livestock water right" means a right for:
32          (i) livestock to consume water:
33          (A) directly from the water source; or
34          (B) from an impoundment into which the water is diverted; and
35          (ii) associated uses of water related to the raising and care of livestock.
36          (c) "Proof" means proof of:
37          (i) appropriation; or
38          (ii) permanent change.
39          (d) "Small amount of water" means the amount of water necessary to meet the
40     requirements of:
41          (i) one residence;
42          (ii) 1/4 acre of irrigable land; and
43          (iii) a livestock watering right for:
44          (A) 10 cattle; or
45          (B) the equivalent amount of water of Subsection (1)(d)(iii)(A) for livestock other than
46     cattle.
47          (2) The state engineer may approve an application if:
48          (a) the state engineer undertakes a thorough investigation of the application;
49          (b) notice is provided in accordance with Subsection (3);
50          (c) the application complies with the state engineer's regional policies and restrictions
51     and Section 73-3-3 or 73-3-8, as applicable; and
52          (d) the application does not conflict with a political subdivision's ordinance:
53          (i) for planning, zoning, or subdivision regulation; or
54          (ii) under Section 10-8-15.
55          (3) (a) Advertising of an application specified in Subsection (2) is at the discretion of
56     the state engineer.
57          (b) If the state engineer finds that the uses proposed by the application may impair

58     other rights, before approving the application, the state engineer shall give notice of the
59     application according to Section 73-3-6.
60          (4) An applicant receiving approval under this section is responsible for the time limit
61     for construction and submitting proof as required by Subsection (6).
62          (5) Sixty days before the end of the time limit for construction, the state engineer shall
63     notify the applicant by mail when proof is due.
64          (6) (a) Notwithstanding Section 73-3-16, the state engineer shall issue a certificate
65     under Section 73-3-17 if, as proof, the applicant files an affidavit:
66          (i) on a form provided by the state engineer;
67          (ii) that specifies the amount of:
68          (A) irrigated land; and
69          (B) livestock watered; and
70          (iii) that declares the residence is constructed and occupied.
71          (b) The form provided by the state engineer under Subsection (6)(a) may require the
72     information the state engineer determines is necessary to maintain accurate records regarding
73     the point of diversion and place of use.
74          (7) If an applicant does not file the proof required by Subsection (6) by the day on
75     which the time limit for construction ends, the application lapses under Section 73-3-18.
76          (8) (a) Except as provided in Subsections (9) and (10), an applicant whose application
77     lapses may file a request with the state engineer to reinstate the application, if the applicant
78     demonstrates that the applicant or the applicant's predecessor in interest:
79          (i) constructed and occupied a residence within the time limit for construction; and
80          (ii) beneficially uses the water.
81          (b) Except as provided in Subsection (10), if an applicant meets the requirements of
82     Subsection (8)(a) and submits an affidavit as provided by Subsection (6), the state engineer
83     shall issue a certificate for the beneficial uses the applicant attests to in an affidavit described in
84     Subsection (6).
85          (9) For an application related to the use of water located within an area where general

86     determination proceedings under Title 73, Chapter 4, Determination of Water Rights, are
87     pending or concluded, an applicant whose application lapses may not file a request for
88     reinstatement with the state engineer if:
89          (a) the application lapsed before the state engineer issued notice of the time to file a
90     statement of water users claim under Section 73-4-3; and
91          (b) the applicant failed to timely submit a statement of claim as described in
92     Subsection (10)(c)(ii).
93          (10) For an application related to the use of water located within an area where general
94     determination proceedings under Title 73, Chapter 4, Determination of Water Rights, are
95     pending, the state engineer shall allow a reinstatement request under Subsection (8)(a) and,
96     instead of issuing a certificate, evaluate the reinstatement request and statement of claim as part
97     of the general adjudication for the area, if:
98          (a) the application lapsed before the state engineer issued notice of the time to file a
99     statement of water users claim under Section 73-4-3;
100          (b) the applicant files the request for reinstatement no more than 90 days after the day
101     on which the state engineer issues the notice of the time to file statements of claim in
102     accordance with Section 73-4-3; and
103          (c) the applicant files:
104          (i) an affidavit described in Subsection (6); and
105          (ii) a timely statement of claim under Section 73-4-5.
106          (11) If an applicant fulfills the requirements in Subsection (10), the state engineer may
107     issue a certificate before evaluating the claim in the general adjudication.
108          [(11)] (12) The priority date for an application reinstated under this section is the day
109     on which the applicant files the request for reinstatement of the application.