Title 73 - Water and Irrigation - Chapter 3 - Appropriation - Section 17 - Certificate of appropriation -- Evidence.

Published: 2020-05-12

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Utah Code

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Effective 5/12/2020 73-3-17 Certificate of appropriation -- Evidence. (1) Upon the satisfaction of the state engineer that an appropriation, a permanent change of point

of diversion, place or purpose of use, or a fixed time change authorized by Section 73-3-30 has been perfected in accordance with the application, and that the water appropriated or affected by the change has been put to a beneficial use, as required by Section 73-3-16 or 73-3-30, the state engineer shall issue a certificate, in duplicate, setting forth:

(a) the name and post-office address of the person by whom the water is used; (b) the quantity of water in acre-feet or the flow in second-feet appropriated; (c) the purpose for which the water is used; (d) the time during which the water is to be used each year; (e) the name of the stream or water source:

(i) from which the water is diverted; or (ii) within which an instream flow is maintained;

(f) the date of the appropriation or change; and (g) other information that defines the extent and conditions of actual application of the water to a

beneficial use. (2) A certificate issued on an application for one of the following types of projects need show no

more than the facts shown in the proof submitted under Section 73-3-16: (a) a project constructed according to Chapter 10, Board of Water Resources - Division of Water

Resources; (b) a federal project constructed by the United States Bureau of Reclamation, referred to in

Section 73-3-16; and (c) a surface water storage facility in excess of 1,000 acre-feet constructed by a public water

supplier. (3) A certificate issued under this section does not:

(a) extend the rights described in the application; or (b) constitute a determination by the state engineer as to whether the perfected appropriation or

change has or may result in interference, impairment, injury, or other harm to another water right.

(4) Failure to file proof of appropriation or proof of change of the water on or before the date set for the filing causes the application to lapse.

(5) (a) One copy of a certificate issued under this section shall be filed in the office of the state

engineer and the other copy shall be delivered to the appropriator or to the person making the change who may record the certificate in the office of the county recorder of the county in which the water is diverted from the natural stream or source.

(b) The state engineer is not required to deliver a copy of a certificate issued under this section to a person other than the appropriator or the person making the change.

(6) The certificate issued under this section is prima facie evidence of the owner's right to use the water in the quantity, for the purpose, at the place, and during the time specified in the certificate, subject to prior rights.

Amended by Chapter 278, 2020 General Session