Utah Code 73-3-1.5. Capture and storage of precipitation
Current as of: 2024 | Check for updates
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(1) As used in this section, “parcel” means an identifiable contiguous unit of property that is treated as separate for valuation or zoning purposes and includes an improvement on that unit of property.
Terms Used In Utah Code 73-3-1.5
- 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
- Property: includes both real and personal property. 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) Notwithstanding Section73-3-2 , a person may:(2)(a) directly capture and store precipitation on a parcel owned or leased by the person in accordance with Subsection(3) or(4) ; and(2)(b) place the water captured and stored as provided in Subsection(2)(a) to beneficial use on the parcel on which the water is captured and stored.(3) After registering for the capture and storage of precipitation in accordance with Subsection(5) , a person may collect and store precipitation in a container installed in accordance with the State Construction Code or an approved code underTitle 15A, State Construction and Fire Codes Act , if:(3)(a) for a person who uses only one container on a parcel, the total capacity of the container is no more than 2,500 gallons; or(3)(b) for a person who uses more than one container on a parcel, the aggregate capacity of the containers is no more than 2,500 gallons.(4) A person may collect and store precipitation, without registering under Subsection(5) , in no more than two covered storage containers if neither covered storage container has a maximum storage capacity of greater than 100 gallons.(5)(5)(a) The state engineer shall provide a website on which a person may register as required by Subsection(3) .(5)(b) To register, a person shall complete information required by the state engineer including the:(5)(b)(i) name and address of the person capturing or storing precipitation;(5)(b)(ii) total capacity of all containers storing precipitation; and(5)(b)(iii) street address or other suitable description of the location where precipitation is to be captured and stored.(6) Beneficial use of water under Subsection(2)(b) does not constitute a water right and may not be:(6)(a) changed under Section73-3-3 ;(6)(b) assigned; or(6)(c) consolidated with a water right.(7) A person who beneficially uses water under Subsection(2)(b) shall comply with:(7)(a) state law; and(7)(b) local health and safety rules and regulations.