Utah Code 73-3-1. Appropriation — Manner of acquiring water rights
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(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.
Terms Used In Utah Code 73-3-1
- 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
- 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
(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)(5)(a) Between appropriators, the one first in time is first in rights.(5)(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 Section73-3-8 .(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 Section73-3-2 , a person may directly capture and store precipitation as provided in Section73-3-1.5 .