73-31-502. Delivery request for loaned water rights in water bank.
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/ut/title-73/chapter-31/73-31-502A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Effective 5/12/2020
73-31-502. Delivery request for loaned water rights in water bank.
(1)A borrower may use water from a water bank for any use within the water bank's service area consistent with the objectives in Section 73-31-104 and the conditions, if any, of the underlying approved change application.
(2)A borrower shall make use of a banked water right by submitting a delivery request to the water bank that complies with the water bank's requirements.
(3)The state engineer administratively supervises delivery of water to a borrower. The state engineer may:
(a)review an approved delivery request at any point in time to ensure the delivery request complies with a state engineer order approving water rights for use in the water bank, established distribution procedures based on priority, or both; and
(b)restrict delivery of loaned water rights if the approved delivery request causes impairment to other water users.
(4)A water bank shall keep a daily accounting of loaned water rights.
(5)A water bank shall refer known illegal water use actions to the state engineer's enforcement program pursuant to Section 73-2-25 .
(6)A water bank is responsible for the payment of all distribution costs assessed for the delivery of a banked water right under Section 73-5-1 .
Enacted by Chapter 342 , 2020 General Session