State Codes and Statutes

Statutes > Utah > Title-73 > Chapter-03 > 73-3-20

73-3-20. Right to divert appropriated waters into natural streams -- Requirements-- Storage in reservoir -- Information required by state engineer -- Lapse of application.
(1) Upon application in writing and approval of the state engineer, any appropriatedwater may, for the purpose of preventing waste and facilitating distribution, be turned from thechannel of any stream or any lake or other body of water, into the channel of any natural streamor natural body of water or into a reservoir constructed across the bed of any natural stream, andcommingled with its waters, and a like quantity less the quantity lost by evaporation and seepagemay be taken out, either above or below the point where emptied into the stream, body of wateror reservoir. In so doing, the original water in such stream, body of water, or reservoir must notbe deteriorated in quality or diminished in quantity for the purpose used, and the additional waterturned in shall bear its share of the expense of maintenance of such reservoir and an equitableproportion of the cost of the reservoir site and its construction. Any person having stored hisappropriated water in a reservoir for a beneficial purpose shall be permitted to withdraw thewater at the times and in the quantities as his necessities may require if the withdrawal does notinterfere with the rights of others.
(2) The state engineer may require the owner of record of an approved exchangeapplication to provide information concerning the diverting works constructed, the extent towhich the development under the exchange has occurred, and other information the stateengineer considers necessary to insure the exchange is taking place, to establish the owner of theexchange still has a legal interest in the underlying water right used as the basis for the exchange,or to arrive at the quantity of water being exchanged. This information shall be provided by theowner of record of an approved exchange within 60 days of notification by the state engineer.
(3) The state engineer may lapse an application made pursuant to this section under thefollowing conditions:
(a) the applicant has lost a legal interest in the underlying right used to facilitate theexchange;
(b) the exchange can no longer be carried out as stated in the application;
(c) the applicant has not complied with the conditions established in approving theexchange; or
(d) the applicant fails to provide the information as outlined in Subsection 73-3-20(2).

Amended by Chapter 140, 1985 General Session