73-3-30.5. Standardized leasing of water described in instream flow provisions.

391 words·~2 min read·/ut/title-73/chapter-3/73-3-30-5

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)"Concurring partner" means:

(i)a division, as defined in Section 73-3-30 ; or

(ii)the executive director of the Colorado River Authority of Utah, appointed under Section 73-35-401.

(b)"Land in agricultural use" means the same as that term is defined in Section 59-2-502 .

(c)"Person entitled to the use of water" means the same as that term is defined in Section 73-3-3 .

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

(2)The state engineer:

(a)shall prioritize the processing of an application if the conditions of Subsections

(3)and

(4)are met; and

(b)may adjust the prioritization described in Subsection (2)(a) as necessary to address:

(i)a protest to the application; or

(ii)unusual conditions that make the initial prioritization infeasible.

(3)To qualify for prioritization under this section, a lease:

(a)may only lease water:

(i)for a beneficial use described in Section 73-3-30 ;

(ii)on a water right where the point of diversion is a surface source within an established distribution system served by a water commissioner appointed by the state engineer under Section 73-5-1 ; and

(iii)when the approved used for the underlying water right is for an irrigation, industrial, or municipal purpose;

(b)may include a lease of water based on split season use; and

(c)may not include a lease of water diverted from an underground source of water.

(4)A person entitled to the use of water who files an application that complies with this section shall:

(a)file the application by no later than December 1 for a lease agreement intended to commence on or after April 1 in the following year;

(b)describe in the application the concurrence of the applicable concurring partner;

(c)for an application that includes a split season use on land in agricultural use, identify a single period during the water right period of use, of at least four consecutive weeks, that will be the basis for the split season use; and

(d)confirm that the application based on a lease of water meets the conditions of Subsection

(3)and this Subsection

(4).

Enacted by Chapter 317 , 2026 General Session