(1) Upon the satisfaction of the state engineer that an appropriation, a permanent change of point of diversion, place or purpose of use, or a fixed time change authorized by Section 73-3-30 has been perfected in accordance with the application, and that the water appropriated or affected by the change has been put to a beneficial use, as required by Section 73-3-16 or 73-3-30, or demonstrated to be saved water, as defined in Section 73-3-3, the state engineer shall issue a certificate, in duplicate, setting forth:

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Terms Used In Utah Code 73-3-17

  • 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
  • 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) the name and post-office address of the person by whom the water is used;
     (1)(b) the quantity of water in acre-feet or the flow in second-feet appropriated and, if applicable, the quantity of saved water, as defined in Section 73-3-3;
     (1)(c) the purpose for which the water is used;
     (1)(d) the time during which the water is to be used each year;
     (1)(e) the name of the stream or water source:

          (1)(e)(i) from which the water is diverted; or
          (1)(e)(ii) within which an instream flow is maintained;
     (1)(f) the date of the appropriation or change; and
     (1)(g) other information that defines the extent and conditions of actual application of the water to a beneficial use.
(2) A certificate issued on an application for one of the following types of projects need show no more than the facts shown in the proof submitted under Section 73-3-16:

     (2)(a) a project constructed according to Chapter 10, Board of Water Resources – Division of Water Resources;
     (2)(b) a federal project constructed by the United States Bureau of Reclamation, referred to in Section 73-3-16; and
     (2)(c) a surface water storage facility in excess of 1,000 acre-feet constructed by a public water supplier.
(3) A certificate issued under this section does not:

     (3)(a) extend the rights described in the application; or
     (3)(b) constitute a determination by the state engineer as to whether the perfected appropriation or change has or may result in interference, impairment, injury, or other harm to another water right.
(4) Failure to file proof of appropriation or proof of change of the water on or before the date set for the filing causes the application to lapse.
(5)

     (5)(a) One copy of a certificate issued under this section shall be filed in the office of the state engineer and the other copy shall be delivered to the appropriator or to the person making the change who may record the certificate in the office of the county recorder of the county in which the water is diverted from the natural stream or source.
     (5)(b) The state engineer is not required to deliver a copy of a certificate issued under this section to a person other than the appropriator or the person making the change.
(6) The certificate issued under this section is prima facie evidence of the owner’s right to use the water in the quantity, for the purpose, at the place, and during the time specified in the certificate, subject to prior rights.

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