2006 Utah Code - 73-3-20 — Right to divert appropriated waters into natural streams -- Requirements -- Storage in reservoir -- Information required by state engineer -- Lapse of application.

     73-3-20.   Right to divert appropriated waters into natural streams -- Requirements -- Storage in reservoir -- Information required by state engineer -- Lapse of application.
     (1) Upon application in writing and approval of the state engineer, any appropriated water may, for the purpose of preventing waste and facilitating distribution, be turned from the channel of any stream or any lake or other body of water, into the channel of any natural stream or natural body of water or into a reservoir constructed across the bed of any natural stream, and commingled with its waters, and a like quantity less the quantity lost by evaporation and seepage may be taken out, either above or below the point where emptied into the stream, body of water or reservoir. In so doing, the original water in such stream, body of water, or reservoir must not be deteriorated in quality or diminished in quantity for the purpose used, and the additional water turned in shall bear its share of the expense of maintenance of such reservoir and an equitable proportion of the cost of the reservoir site and its construction. Any person having stored his appropriated water in a reservoir for a beneficial purpose shall be permitted to withdraw the water at the times and in the quantities as his necessities may require if the withdrawal does not interfere with the rights of others.
     (2) The state engineer may require the owner of record of an approved exchange application to provide information concerning the diverting works constructed, the extent to which the development under the exchange has occurred, and other information the state engineer considers necessary to insure the exchange is taking place, to establish the owner of the exchange still has a legal interest in the underlying water right used as the basis for the exchange, or to arrive at the quantity of water being exchanged. This information shall be provided by the owner of record of an approved exchange within 60 days of notification by the state engineer.
     (3) The state engineer may lapse an application made pursuant to this section under the following conditions:
     (a) the applicant has lost a legal interest in the underlying right used to facilitate the exchange;
     (b) the exchange can no longer be carried out as stated in the application;
     (c) the applicant has not complied with the conditions established in approving the exchange; or
     (d) the applicant fails to provide the information as outlined in Subsection 73-3-20 (2).

Amended by Chapter 140, 1985 General Session