2015 Utah Code
Title 73 - Water and Irrigation
Chapter 3 - Appropriation
Section 1 - Appropriation -- Manner of acquiring water rights.

73-3-1. Appropriation -- Manner of acquiring water rights.

• (1) A person may acquire a right to the use of the unappropriated public waters in this state only as provided for in this title.

• (2) The appropriation of public waters in the state shall comply with the requirements of this title.

• (3) Except as provided in Subsection (7), a person obtaining, initiating the use of, or providing notice of intent to appropriate a water right shall comply with the requirements of this chapter.

• (4) An appropriation may be made only for a useful and beneficial purpose.

• (5)
  • (a) Between appropriators, the one first in time is first in rights.
  • (b) A use designated by an application to appropriate any of the unappropriated waters of the state that would materially interfere with a more beneficial use of the water shall be dealt with as provided in Section 73-3-8.

• (6) A person may not acquire a right to the use of water either appropriated or unappropriated by adverse use or adverse possession.

• (7) Notwithstanding Section 73-3-2, a person may directly capture and store precipitation as provided in Section 73-3-1.5.

Amended by Chapter 19, 2010 General Session