73-3-1. Appropriation -- Manner of acquiring water rights.
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/ut/title-73/chapter-3/73-3-1A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Effective 5/6/2026
73-3-1. Appropriation -- Manner of acquiring water rights.
(1)A person may acquire a right to the use of the unappropriated public waters in this state only as provided for in this title.
(2)The appropriation of public waters in the state shall comply with the requirements of this title.
(3)Except as provided in Subsection
(7), a person obtaining, initiating the use of, or providing notice of intent to appropriate a water right shall comply with the requirements of this chapter.
(4)An appropriation may be made only for a useful and beneficial purpose.
(5)Between appropriators, the one first in time is first in rights.
(6)A person may not acquire a right to the use of water either appropriated or unappropriated by adverse use or adverse possession.
(7)Notwithstanding Section 73-3-2 , a person may directly capture and store precipitation as provided in Section 73-3-1.5 .
Amended by Chapter 296 , 2026 General Session