(1) As used in this section:

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Terms Used In Utah Code 73-3-3

  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Person: means :
         (24)(a) an individual;
         (24)(b) an association;
         (24)(c) an institution;
         (24)(d) a corporation;
         (24)(e) a company;
         (24)(f) a trust;
         (24)(g) a limited liability company;
         (24)(h) a partnership;
         (24)(i) a political subdivision;
         (24)(j) a government office, department, division, bureau, or other body of government; and
         (24)(k) any other organization or entity. See Utah Code 68-3-12.5
  • Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
  • State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
  • United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
     (1)(a) “Agricultural water optimization project” means a project that:

          (1)(a)(i) accomplishes agricultural water optimization as defined in Section 73-10g-203.5; and
          (1)(a)(ii) generates saved water.
     (1)(b) “Change” means a change to the:

          (1)(b)(i) point of diversion;
          (1)(b)(ii) place of use;
          (1)(b)(iii) period of use;
          (1)(b)(iv) nature of use; or
          (1)(b)(v) storage of water.
     (1)(c) “Fixed time change” means a change for a fixed period of time exceeding one year and not exceeding 10 years, including a fixed time change described in Section 73-3-30.
     (1)(d) “Net decrease in depletion” means a net decrease in water consumed that is accomplished by implementing an agricultural water optimization project under a perfected water right.
     (1)(e) “Net reduction in diversion” means a net decrease in water diverted under a perfected water right that is accomplished by implementing an agricultural water optimization project.
     (1)(f) “Permanent change” means a change, for an indefinite period of time, including a permanent change described in Section 73-3-30.
     (1)(g) “Person entitled to the use of water” means:

          (1)(g)(i) the holder of an approved but unperfected application to appropriate water;
          (1)(g)(ii) the record owner of a perfected water right;
          (1)(g)(iii) a person who has written authorization from a person described in Subsection (1)(g)(i) or (ii) to file a change application on that person’s behalf; or
          (1)(g)(iv) a shareholder in a water company who is authorized to file a change application in accordance with Section 73-3-3.5.
     (1)(h)

          (1)(h)(i) “Quantity impairment” means any reduction in the amount of water a person is able to receive in order to satisfy an existing right to the use of water that would result from an action proposed in a change application, including:

               (1)(h)(i)(A) diminishing the quantity of water in the source of supply for the existing right;
               (1)(h)(i)(B) a change in the timing of availability of water from the source of supply for the existing right; or
               (1)(h)(i)(C) enlarging the quantity of water depleted by the nature of the proposed use when compared with the nature of the currently approved use.
          (1)(h)(ii) “Quantity impairment” does not mean a decrease in the static level of water in an underground basin or aquifer that would result from an action proposed to be taken in a change application, if the volume of water necessary to satisfy an existing right otherwise remains reasonably available.
     (1)(i) “Saved water” means:

          (1)(i)(i) the net decrease in depletion or net reduction in diversion resulting from an agricultural water optimization project as quantified by the state engineer in a final order approving a change application filed under this section:

               (1)(i)(i)(A) on a perfected water right;
               (1)(i)(i)(B) issued before the commencement of physical construction of the agricultural water optimization project; and
               (1)(i)(i)(C) describing the agricultural water optimization project and, as applicable, the net decrease in depletion and net reduction in diversion; or
          (1)(i)(ii) as applicable, the net decrease in depletion and net reduction in diversion recognized in a certificate issued by the state engineer according to Section 73-3-17 after an applicant has filed proof of appropriation on an approved change application described in Subsection (3)(d).
     (1)(j) “Split season change” means a change when the holder of a perfected right grants to a water user the right to make sequential use of a portion of the water right.
     (1)(k) “Temporary change” means a change for a period of time, not exceeding one year, including a temporary change described in Section 73-3-30.
(2)

     (2)(a) A person who proposes to file a change application may request consultation with the state engineer, or the state engineer’s designee, before filing the application to review the requirements of the change application process, discuss potential issues related to the change, and provide the applicant with information.
     (2)(b) Statements made and information presented in the consultation are not binding on the applicant or the state engineer.
     (2)(c) The consultation described in Subsection (2)(a) may occur in the state engineer’s regional office for the region where the proposed change would occur.
(3)

     (3)(a) A person entitled to the use of water may make a change to an existing right to use water, including a right involved in a general determination of rights or other suit, if:

          (3)(a)(i) the person makes the change in accordance with this section;
          (3)(a)(ii) except as provided by Section 73-3-30, the change does not impair an existing right without just compensation or adequate mitigation; and
          (3)(a)(iii) the state engineer approves the change application, consistent with Section 73-3-8.
     (3)(b) A change application on a federal reclamation project water right shall be signed by:

          (3)(b)(i) the local water users organization that is contractually responsible for:

               (3)(b)(i)(A) the operation and maintenance of the project; or
               (3)(b)(i)(B) the repayment of project costs; and
          (3)(b)(ii) the record owner of the water right.
     (3)(c) A change application on a United States Indian Irrigation Service water right that is serving the needs of a township or municipality shall be signed by:

          (3)(c)(i) the local public water supplier that is responsible for the operation and maintenance of the public water supply system; and
          (3)(c)(ii) the record owner of the water right.
     (3)(d) A person entitled to the use of water may file a change application on a perfected water right to request the state engineer to:

          (3)(d)(i) quantify saved water; or
          (3)(d)(ii) subject to Section 73-3-8, allow beneficial use of saved water separate from the underlying water right that serves as the basis of the saved water.
(4)

     (4)(a) Before making a change, a person entitled to the use of water shall submit a change application upon forms furnished by the state engineer.
     (4)(b) The application described in Subsection (4)(a) shall include:

          (4)(b)(i) the applicant’s name;
          (4)(b)(ii) the water right description, including the water right number;
          (4)(b)(iii) the water quantity;
          (4)(b)(iv) the stream or water source;
          (4)(b)(v) if applicable, the point on the stream or water source where the water is diverted;
          (4)(b)(vi) if applicable, the point to which it is proposed to change the diversion of the water;
          (4)(b)(vii) the place, nature, period, and extent of the currently approved use;
          (4)(b)(viii) the place, nature, period, and extent of the proposed use;
          (4)(b)(ix) if the change applicant is submitting a change application in accordance with Section 73-3-3.5, the information required by Section 73-3-3.5;
          (4)(b)(x) any proposed change to the storage of water;
          (4)(b)(xi) if the change application proposes to quantify saved water, the anticipated quantity of saved water; and
          (4)(b)(xii) any other information that the state engineer requires.
     (4)(c) A shareholder in a water company who seeks to make a change to a water right to which the water company is the record owner shall file a change application in accordance with Section 73-3-3.5.
(5) In a proceeding before the state engineer, the applicant has the burden of producing evidence sufficient to support a reasonable belief that the change can be made in compliance with this section and Section 73-3-8, including evidence:

     (5)(a) that the change will not cause a specific existing right to experience quantity impairment;
     (5)(b) if applicable, rebutting the presumption of quantity impairment described in Subsection 73-3-8(6)(c); and
     (5)(c) that, if the change application proposes to quantify saved water:

          (5)(c)(i) the net decrease in depletion or net reduction in diversion can be reliably sustained over the life of the agricultural water optimization project; and
          (5)(c)(ii) an agricultural water optimization project proposing a net reduction in diversion does not increase depletion allowed by the underlying perfected water right that serves as the basis of the saved water.
(6) A change of an approved application to appropriate water does not:

     (6)(a) affect the priority of the original application to appropriate water; or
     (6)(b) extend the time period within which the construction of work is to begin or be completed.
(7) Any person who makes a change without first filing and obtaining approval of a change application providing for the change:

     (7)(a)

          (7)(a)(i) obtains no right by the change;
          (7)(a)(ii) is guilty of an offense punishable under Section 73-2-27 if the change is made knowingly or intentionally; and
          (7)(a)(iii) shall comply with the change application process; and
     (7)(b) obtains no right to saved water.
(8)

     (8)(a) This section does not apply to the replacement of an existing well by a new well drilled within a radius of 150 feet from the point of diversion of the existing well.
     (8)(b) A replacement well must be drilled in accordance with the requirements of Section 73-3-28.
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