73-3c-302. Application to the state engineer.

527 words·~2 min read·/ut/title-73/chapter-3c/73-3c-302

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

Effective 5/3/2023

(a)A public agency proposing a water reuse project shall apply to the state engineer.

(b)The state engineer's approval of a water reuse project application filed under this section is conditioned on the approval of the director under Section 73-3c-301 .

(2)An application for water reuse under Subsection

(1)shall be made upon forms furnished by the state engineer and shall include:

(a)the name of the applicant;

(b)a description of the underlying water right;

(c)an evaluation of the underlying water right's diversion, depletion, and return flow requirements;

(d)the estimated quantity of water to be reused;

(e)the location of the POTW;

(f)the place, purpose, and extent of the proposed water reuse;

(g)an evaluation of depletion from the hydrologic system caused by the water reuse; and

(h)any other information consistent with this chapter that is requested by the state engineer.

(3)An application under Subsection

(1)shall include a copy of a reuse authorization contract for water reuse proposed by a public agency for any underlying water right not owned by the public agency.

(4)In considering an application for water reuse, the state engineer shall comply with:

(a)Section 73-3-6 ;

(b)Section 73-3-7 ;

(c)Section 73-3-10 ; and

(d)Section 73-3-14 .

(5)In determining whether a proposed water reuse is consistent with the underlying water right, the state engineer shall conclude that a proposed water reuse is consistent with the underlying water right if:

(a)the use of the reuse water does not enlarge the underlying water right; and

(b)any return flow requirement of the underlying water right is satisfied.

(a)The state engineer shall approve a water reuse application if the state engineer concludes that the proposed water reuse:

(i)is consistent with the underlying water right; and

(ii)for an application in which the water would have otherwise been discharged into a tributary of the Great Salt Lake, includes an adequate replacement plan provided by the applicant.

(b)The state engineer may:

(i)deny an application if the proposed water reuse is inconsistent with the underlying water right; or

(ii)approve the application in part or with conditions to assure consistency with the underlying water right.

(a)For an application in which the water would have otherwise been discharged into a tributary of the Great Salt Lake, the applicant shall submit a water replacement plan that provides an equivalent amount of water to the Great Salt Lake.

(b)The state engineer may:

(i)approve the application in part or with conditions to assure equivalent replacement of water to the Great Salt Lake; or

(ii)deny an application if the replacement plan cannot assure equivalent replacement of water to the Great Salt Lake.

(8)A public agency with an approved reuse application shall submit a report, as directed by the state engineer, concerning the ongoing water reuse operation.

(9)The state engineer may make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act , to implement the provisions of this chapter.

Amended by Chapter 176 , 2023 General Session