Utah Code 73-31-502. Delivery request for loaned water rights in water bank
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(1) A borrower may use water from a water bank for any use within the water bank’s service area consistent with the objectives in Section 73-31-104 and the conditions, if any, of the underlying approved change application.
Terms Used In Utah Code 73-31-502
- Application: means an application submitted to the board to approve a water bank. See Utah Code 73-31-102
- Banked water right: means a water right, or a portion of a water right, deposited in a water bank that the state engineer has authorized for use in a water bank through an approved change application. See Utah Code 73-31-102
- Borrower: means a person seeking to use a banked water right within a water bank's service area. See Utah Code 73-31-102
- Delivery request: means a request to use a banked water right made by a borrower in accordance with a water bank's policies approved under the water bank's application. See Utah Code 73-31-102
- Loaned water rights: means a banked water right that is used pursuant to an approved delivery request. See Utah Code 73-31-102
- Service area: means the geographic area where a water bank is approved to operate and operates. See Utah Code 73-31-102
- 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
- State engineer: means the state engineer appointed under Section 73-2-1. See Utah Code 73-31-102
- Water bank: means a contract water bank or a statutory water bank. See Utah Code 73-31-102
(2) A borrower shall make use of a banked water right by submitting a delivery request to the water bank that complies with the water bank’s requirements.
(3) The state engineer administratively supervises delivery of water to a borrower. The state engineer may:
(3)(a) review an approved delivery request at any point in time to ensure the delivery request complies with a state engineer order approving water rights for use in the water bank, established distribution procedures based on priority, or both; and
(3)(b) restrict delivery of loaned water rights if the approved delivery request causes impairment to other water users.
(4) A water bank shall keep a daily accounting of loaned water rights.
(5) A water bank shall refer known illegal water use actions to the state engineer’s enforcement program pursuant to Section 73-2-25.
(6) A water bank is responsible for the payment of all distribution costs assessed for the delivery of a banked water right under Section 73-5-1.