State Codes and Statutes

Statutes > Utah > Title-73 > Chapter-03 > 73-3-17

73-3-17. Certificate of appropriation -- Evidence.
(1) Upon it being made to appear to the satisfaction of the state engineer that anappropriation, a permanent change of point of diversion, place or purpose of use, or a fixed timechange authorized by Section 73-3-30 has been perfected in accordance with the application, andthat the water appropriated or affected by the change has been put to a beneficial use, as requiredby Section 73-3-16 or 73-3-30, the state engineer shall issue a certificate, in duplicate, settingforth:
(a) the name and post-office address of the person by whom the water is used;
(b) the quantity of water in acre-feet or the flow in second-feet appropriated;
(c) the purpose for which the water is used;
(d) the time during which the water is to be used each year;
(e) the name of the stream or water source:
(i) from which the water is diverted; or
(ii) within which an instream flow is maintained;
(f) the date of the appropriation or change; and
(g) other information that defines the extent and conditions of actual application of thewater to a beneficial use.
(2) A certificate issued on an application for one of the following types of projects needshow no more than the facts shown in the proof submitted under Section 73-3-16:
(a) projects constructed according to Title 73, Chapter 10, Board of Water Resources -Division of Water Resources;
(b) federal projects constructed by the United States Bureau of Reclamation, referred toin Section 73-3-16; and
(c) a surface water storage facility in excess of 1,000 acre-feet constructed by a publicwater supplier.
(3) A certificate under this section does not extend the rights described in the application.
(4) Failure to file proof of appropriation or proof of change of the water on or before thedate set therefor shall cause the application to lapse.
(5) One copy of a certificate issued under this section shall be filed in the office of thestate engineer and the other shall be delivered to the appropriator or to the person making thechange who shall, within 30 days, cause the same to be recorded in the office of the countyrecorder of the county in which the water is diverted from the natural stream or source.
(6) The certificate issued and filed under this section is prima facie evidence of theowner's right to the use of the water in the quantity, for the purpose, at the place, and during thetime specified therein, subject to prior rights.

Amended by Chapter 108, 2010 General Session