2006 Utah Code - 73-3-17 — Certificate of appropriation -- Evidence.

     73-3-17.   Certificate of appropriation -- Evidence.
     Upon it being made to appear to the satisfaction of the state engineer that an appropriation or a permanent change of point of diversion, place or nature of use has been perfected in accordance with the application therefor, and that the water appropriated or affected by the change has been put to a beneficial use, as required by Section 73-3-16, he shall issue a certificate, in duplicate, setting forth the name and post-office address of the person by whom the water is used, the quantity of water in acre-feet or the flow in second-feet appropriated, the purpose for which the water is used, the time during which the water is to be used each year, the name of the stream or source of supply from which the water is diverted, the date of the appropriation or change, and such other matter as will fully and completely define the extent and conditions of actual application of the water to a beneficial use; provided that certificates issued on applications for projects constructed pursuant to Title 73, Chapter 10, Utah Code Annotated 1953, and for the federal projects constructed by the United States Bureau of Reclamation, referred to in Section 73-3-16 of said Code, need show no more than the facts shown in the proof. The certificate shall not extend the rights described in the application. Failure to file proof of appropriation or proof of change of the water on or before the date set therefor shall cause the application to lapse. One copy of such certificate shall be filed in the office of the state engineer and the other shall be delivered to the appropriator or to the person making the change who shall, within thirty days, cause the same to be recorded in the office of the county recorder of the county in which the water is diverted from the natural stream or source. The certificate so issued and filed shall be prima facie evidence of the owner's right to the use of the water in the quantity, for the purpose, at the place, and during the time specified therein, subject to prior rights.

Amended by Chapter 160, 1955 General Session