Title 73 - Water and Irrigation - Chapter 3b - Groundwater Recharge and Recovery Act - Part 2 - Recharge and Recovery Permits - Section 202 - Issuance of recharge permit -- Criteria -- Conditions.

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Utah Code

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73-3b-202 Issuance of recharge permit -- Criteria -- Conditions. The state engineer:

(1) shall issue a recharge permit if: (a) the applicant has:

(i) the technical and financial capability to construct and operate the recharge project; and (ii)

(A) a valid water right for the use of the water proposed to be artificially recharged; or (B) an agreement to use the water proposed to be artificially recharged with a person who has

a valid water right for the use of the water proposed to be artificially recharged; and (b) the project:

(i) is hydrologically feasible; (ii) will not cause unreasonable harm to land; (iii) will not impair any existing water right within the area of hydrologic impact; and (iv) will not adversely affect the water quality of the aquifer;

(2) shall condition any approval on acquiring the applicable water quality permits prior to construction and operation of the recharge project; and

(3) may attach to the permit any condition the state engineer determines is appropriate.

Amended by Chapter 107, 2010 General Session