73-3-30.3. Dedicated water application.

549 words·~2 min read·/ut/title-73/chapter-3/73-3-30-3

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 5/6/2026

(1)As used in this section:

(a)"Agricultural land" means land in agricultural use, as defined in Section 59-2-502 .

(b)"Dedicated water" means water that has been recognized for delivery or use under Section 73-3-30 and a dedicated water application.

(c)"Dedicated water application" means an application to change the existing nature of use and place of use for a water right by adding a nature of use for:

(i)an instream flow within a specified reach of a natural or altered stream;

(ii)use on sovereign lands; or

(iii)a project to deliver water to a reservoir located partially or entirely within the Colorado River System in the state in accordance with this section.

(d)"Split season use" means making sequential use of a portion of a water right in the same calendar year.

(2)A dedicated water application may:

(a)be filed for:

(i)a fixed period of time; or

(ii)an indefinite period of time; and

(b)include a split season use.

(3)Approval of a dedicated water application does not:

(a)change an existing element of the underlying water right;

(b)extend the time for filing proof or taking other required action associated with the underlying water right; or

(c)require the applicant to make dedicated water available for use in a given year or in a specific quantity or volume.

(a)The state engineer shall process a dedicated water application in accordance with Sections 73-3-3 and 73-3-8 .

(b)The state engineer shall prioritize the processing of a dedicated water application.

(c)The state engineer may deny a dedicated water application if the state engineer determines that the dedicated water application would result in land being removed from agricultural land for a full irrigation season in more than two years out of a five-year period on the same agricultural field.

(5)The state engineer may require an owner of an approved dedicated water application under this section to provide:

(a)annual notice of intent to exercise the dedicated water application;

(b)information about the annual volume of water to be dedicated by the owner from the underlying water right; and

(c)other information the state engineer considers necessary to:

(i)ensure the dedication of water is taking place;

(ii)establish that the owner still has a legal interest in the underlying water right used as the basis for the dedication of water; or

(iii)determine the quantity of water being dedicated.

(6)An approved dedicated water application lapses:

(a)automatically on the date the underlying water right that is the basis of the dedicated application:

(i)lapses;

(ii)is withdrawn; or

(iii)is declared forfeited or abandoned; or

(b)upon notice from the state engineer if:

(i)the applicant no longer holds a legal interest in the underlying water right that is the basis of the dedicated water application;

(ii)the delivery of dedicated water can no longer be carried out as stated in the dedicated water application;

(iii)the applicant has not complied with the conditions established by the state engineer in the order approving the dedicated water application; or

(iv)the applicant fails to provide the information requested by the state engineer under Subsection

(5).

Enacted by Chapter 313 , 2026 General Session