2016 Utah Code
Title 73 - Water and Irrigation
Chapter 5 - Administration and Distribution
Section 4 - Controlling works and measuring devices.

73-5-4. Controlling works and measuring devices.

• (1) To assist the state engineer or water commissioner in the regulation, distribution, and measurement of water, a person using water in this state, except as provided by Subsection (4), shall construct or install and maintain controlling works and a measuring device at:
  • (a) each location where water is diverted from a source; and
  • (b) any other location required by the state engineer.

• (2) A person using water in this state shall make the controlling works and measuring device accessible to the state engineer or water commissioner.

• (3) The state engineer shall approve the design of:
  • (a) the measuring device; and
  • (b) controlling works so that the state engineer or a water commissioner may regulate and lock the works.

• (4) A person using water as an instream flow:
  • (a) shall install and maintain a measuring device or stream gauging station in the section of the stream within which the instream flow is maintained; and
  • (b) is not required to install controlling works unless the state engineer's order approving the application requires the installation because controlling works are necessary to achieve the purpose of the application.

• (5)
  • (a) An owner or manager of a reservoir shall construct and maintain a measuring device as directed by the state engineer to measure the inflow, storage content, and outflow from the reservoir.
  • (b) The state engineer shall approve the design and location of the measuring device.
  • (c) The owner or manager of a reservoir shall make the measuring device accessible to the state engineer or water commissioner.

• (6) If a water user refuses or neglects to construct or install the controlling works or measuring device after 30 days' notice to do so by the state engineer, the state engineer may:
  • (a) forbid the use of water until the user complies with the state engineer's requirement; and
  • (b) commence enforcement proceedings authorized by Section 73-2-25.

Amended by Chapter 311, 2008 General Session