73-3-5. Action by engineer on applications.
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Effective 5/12/2020
73-3-5. Action by engineer on applications.
(1)On receipt of an application containing the information required by Section 73-3-2 , and payment of the filing fee, the state engineer shall endorse the application with the date of its receipt to make a record of the receipt for that purpose.
(2)The state engineer shall examine the application and determine whether any corrections, amendments or changes are required for clarity and if so, see that such changes are made before further processing. The state engineer may not construe an application for a split season change or other potentially complicated change as incomplete or unacceptable if the application satisfies the filing requirements under Section 73-3-3 and payment of the respective filing fee is made.
(3)An application that complies with this chapter and with the regulations of the state engineer shall be filed and recorded.
(4)The state engineer may issue a temporary receipt to drill a well at any time after the filing of an application to appropriate water from the well, as provided by this section if the fees be advanced and if in the state engineer's judgment there is unappropriated water available in the proposed source and there is no likelihood of impairment of existing rights, except that the issuance of a temporary receipt does not dispense with the publishing of notice and the final approval or rejection of the application by the state engineer, as provided by this chapter.
(5)The state engineer may send the necessary notices and address correspondence relating to an application to the owner thereof as shown by the state engineer's records, or to the owner's attorney in fact provided a written power of attorney is filed in the state engineer's office.
Amended by Chapter 421 , 2020 General Session