Utah Code 73-3b-205. Issuance of recovery permit — Criteria — Conditions
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The state engineer:
(1) shall issue the recovery permit if the state engineer determines that:
Terms Used In Utah Code 73-3b-205
- Recharge permit: means a permit issued by the state engineer to construct and operate a recharge project. See Utah Code 73-3b-102
- Recharge project: means to artificially recharge water into an aquifer. See Utah Code 73-3b-102
- Recovery permit: means a permit issued by the state engineer to construct and operate a recovery project. See Utah Code 73-3b-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
(1)(a) the proposed recovery of artificially recharged water will not impair any existing water right;
(1)(b) the applicant is the holder of an approved recharge permit or recovery permit, or if the applicant does not hold the recharge permit, has a valid agreement with the owner of the recharge permit to divert and use the recovered water; and
(1)(c) the recovery point of diversion is located within the area of hydrologic impact of the recharge project, as determined by the state engineer; and
(2) may attach to the permit any conditions the state engineer determines are appropriate.