2006 Utah Code - 73-3-12 — Time limit on construction and application to beneficial use -- Extensions -- Procedures and criteria.

     73-3-12.   Time limit on construction and application to beneficial use -- Extensions -- Procedures and criteria.
     (1) As used in this section, "public agency" means:
     (a) a public water supply agency of the state or a political subdivision of the state; or
     (b) the Bureau of Reclamation.
     (2) (a) The construction of the works and the application of water to beneficial use shall be diligently prosecuted to completion within the time fixed by the state engineer.
     (b) Extensions of time, not exceeding 50 years from the date of approval of the application, except as provided in Subsection (2)(c), may be granted by the state engineer on proper showing of diligence or reasonable cause for delay.
     (c) Additional extensions of time, beyond 50 years, may be granted by the state engineer on applications held by any public agency, if the public agency can demonstrate the water will be needed to meet the reasonable future requirements of the public.
     (d) All requests for extension of time shall be made by signed statement and shall be filed in the office of the state engineer on or before the date fixed for filing proof of appropriation.
     (e) Extensions not exceeding 14 years after the date of approval may be granted by the state engineer upon a sufficient showing by signed statement, but extensions beyond 14 years shall be granted only after application and publication of notice.
     (f) (i) The state engineer shall publish a notice of the application once a week for two successive weeks, in a newspaper of general circulation, in the county in which the source of the water supply is located and where the water is to be used.
     (ii) The notice shall:
     (A) state that an application has been made; and
     (B) specify where the interested party may obtain additional information relating to the application.
     (g) Any person who owns a water right from the source of supply referred to in Subsection (2)(f) or holds an application from that source of supply may file a protest with the state engineer:
     (i) within 20 days after the notice is published, if the adjudicative proceeding is informal; and
     (ii) within 30 days after the notice is published, if the adjudicative proceeding is formal.
     (h) In considering an application to extend the time in which to place water to beneficial use under an approved application, the state engineer shall deny the extension and declare the application lapsed, unless the applicant affirmatively shows that the applicant has exercised or is exercising reasonable and due diligence in working toward completion of the appropriation.
     (i) (i) If reasonable and due diligence is shown by the applicant, the state engineer shall approve the extension.
     (ii) The approved extension is effective so long as the applicant continues to exercise reasonable diligence in completing the appropriation.
     (j) The state engineer shall consider the holding of an approved application by any public agency to meet the reasonable future requirements of the public to be reasonable and due diligence within the meaning of this section for the first 50 years. The state engineer may approve extensions beyond 50 years for a public agency, if the agency provides information sufficient to demonstrate the water will be needed to meet the reasonable future requirements of

the public.
     (k) If the state engineer finds unjustified delay or lack of diligence in prosecuting the works to completion, the state engineer may deny the extension or may grant the request in part or upon conditions, including a reduction of the priority of all or part of the application.
     (3) (a) Except as provided in Subsections (3)(b) and (c), an application upon which proof has not been submitted shall lapse and have no further force or effect after the expiration of 50 years from the date of its approval.
     (b) If the works are constructed with which to make beneficial use of the water applied for, the state engineer may, upon showing of that fact, grant additional time beyond the 50-year period in which to make proof.
     (c) An application held by a public agency to meet the reasonable future requirements of the public, for which proof of appropriation has not been submitted, shall lapse, unless extended as provided in Subsection (2)(j).

Amended by Chapter 58, 2006 General Session