State Codes and Statutes
Statutes > Utah > Title-73 > Chapter-03 > 73-3-1673-3-16. Proof of appropriation or permanent change -- Notice -- Manner of proof-- Statements -- Maps, profiles, and drawings -- Verification -- Waiver of filing -- Statementin lieu of proof of appropriation or change.
(1) Sixty days before the date set for the proof of appropriation or proof of change to bemade, the state engineer shall notify the applicant by mail when proof of completion of the worksand application of the water to a beneficial use is due.
(2) On or before the date set for completing the proof in accordance with the application,the applicant shall file proof with the state engineer on forms furnished by the state engineer.
(3) Except as provided in Subsection (4), the applicant shall submit the followinginformation:
(a) a description of the works constructed;
(b) the quantity of water in acre-feet or the flow in second-feet diverted, or both;
(c) the method of applying the water to beneficial use; and
(d) (i) detailed measurements of water put to beneficial use;
(ii) the date the measurements were made; and
(iii) the name of the person making the measurements.
(4) (a) (i) On applications filed for appropriation or permanent change of use of water toprovide a water supply for state projects constructed pursuant to Title 73, Chapter 10, Board ofWater Resources - Division of Water Resources, or for federal projects constructed by the UnitedStates Bureau of Reclamation for the use and benefit of the state, any of its agencies, its politicalsubdivisions, public and quasi-municipal corporations, or water users' associations of which thestate, its agencies, political subdivisions, or public and quasi-municipal corporations arestockholders, the proof shall include:
(A) a statement indicating construction of the project works has been completed;
(B) a description of the major features with appropriate maps, profiles, drawings, andreservoir area-capacity curves;
(C) a description of the point or points of diversion and rediversion;
(D) project operation data;
(E) a map showing the place of use of water and a statement of the purpose and methodof use;
(F) the project plan for beneficial use of water under the applications and the quantity ofwater required; and
(G) a statement indicating what type of measuring devices have been installed.
(ii) The director of the Division of Water Resources shall sign proofs for the stateprojects and an authorized official of the Bureau of Reclamation shall sign proofs for the federalprojects specified in Subsection (4)(a).
(b) Proof on an application for appropriation or permanent change for a surface storagefacility in excess of 1,000 acre-feet constructed by a public water supplier to provide a watersupply for the reasonable requirements of the public shall include:
(i) a description of the completed water storage facility;
(ii) a description of the major project features and appropriate maps, profiles, drawings,and reservoir area-capacity curves as required by the state engineer;
(iii) the quantity of water stored in acre-feet;
(iv) a description of the water distribution facility for the delivery of the water; and
(v) the project plan for beneficial use of water including any existing contracts for water
delivery.
(c) The completed proof shall conform to rules established by the state engineer.
(5) The proof on all applications shall be sworn to by the applicant or the applicant'sappointed representative and proof engineer.
(6) (a) Except as provided in Subsection (6)(b), when filing proof, the applicant shallsubmit maps, profiles, and drawings made by a Utah licensed land surveyor or Utah licensedprofessional engineer that show:
(i) the location of the completed works;
(ii) the nature and extent of the completed works;
(iii) the natural stream or source from which and the point where the water is divertedand, in the case of a nonconsumptive use, the point where the water is returned; and
(iv) the place of use.
(b) The state engineer may waive the filing of maps, profiles, and drawings if in the stateengineer's opinion the written proof adequately describes the works and the nature and extent ofbeneficial use.
(7) The completed proof shall conform to rules and standards established by the stateengineer.
(8) In those areas in which general determination proceedings are pending, or have beenconcluded, under Title 73, Chapter 4, Determination of Water Rights, the state engineer maypetition the district court for permission to:
(a) waive the requirements of this section and Section 73-3-17; and
(b) permit each owner of an application to file a verified statement to the effect that theapplicant has completed the appropriation or change and elects to file a statement of water usersclaim in the proposed determination of water rights or any supplement to it in accordance withTitle 73, Chapter 4, Determination of Water Rights, in lieu of proof of appropriation or proof ofchange.
(9) This section does not apply to an instream flow water right authorized by Section73-3-30.
Amended by Chapter 108, 2010 General Session
