| (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 :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) |
| (a) |
Between appropriators, the one first in time is first in rights. |
| (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 Section 73-3-8. |
|
| (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 Section 73-3-2, a person may directly capture and store precipitation as provided in Section 73-3-1.5. |
Amended by Chapter 19, 2010 General Session
