| (1) |
There shall be a state engineer. |
Terms Used In Utah Code 73-2-1
- Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
- 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
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Land: includes :Utah Code 68-3-12.5
- Process: means a writ or summons issued in the course of a judicial proceeding. 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 state engineer shall:
| (a) |
be appointed by the governor with the advice and consent of the Senate; |
| (b) |
hold office for the term of four years and until a successor is appointed; and |
| (c) |
have five years experience as a practical engineer or the theoretical knowledge, practical experience, and skill necessary for the position. |
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| (3) |
| (a) |
The state engineer shall be responsible for the general administrative supervision of the waters of the state and the measurement, appropriation, apportionment, and distribution of those waters. |
| (b) |
The state engineer may secure the equitable apportionment and distribution of the water according to the respective rights of appropriators. |
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| (4) |
The state engineer shall make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, consistent with the purposes and provisions of this title, regarding:
| (a) |
reports of water right conveyances; |
| (b) |
the construction of water wells and the licensing of water well drillers; |
| (c) |
dam construction and safety; |
| (d) |
the alteration of natural streams; |
| (e) |
geothermal resource conservation; |
| (f) |
enforcement orders and the imposition of fines and penalties; |
| (g) |
the duty of water; and |
| (h) |
standards for written plans of a public water supplier that may be presented as evidence of reasonable future water requirements under Subsection 73-1-4(2)(f). |
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| (5) |
The state engineer may make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, consistent with the purposes and provisions of this title, governing:
| (a) |
water distribution systems and water commissioners; |
| (b) |
water measurement and reporting; |
| (c) |
groundwater recharge and recovery; |
| (e) |
the form, content, and processing procedure for a claim under Section 73-5-13 to surface or underground water that is not represented by a certificate of appropriation; |
| (f) |
the form and content of a proof submitted to the state engineer under Section 73-3-16; |
| (g) |
the determination of water rights; |
| (h) |
preferences of water rights under Section 73-3-21.5; or |
| (i) |
the form and content of applications and related documents, maps, and reports. |
|
| (6) |
The state engineer may bring suit in courts of competent jurisdiction to:
| (a) |
enjoin the unlawful appropriation, diversion, and use of surface and underground water without first seeking redress through the administrative process; |
| (b) |
prevent theft, waste, loss, or pollution of surface and underground waters; |
| (c) |
enable the state engineer to carry out the duties of the state engineer’s office; and |
| (d) |
enforce administrative orders and collect fines and penalties. |
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| (7) |
The state engineer may:
| (a) |
upon request from the board of trustees of an irrigation district under 5, or another local district under Title 17B, Limited Purpose Local Government Entities – Local Districts, or a special service district under Title 17D, Chapter 1, Special Service District Act, that operates an irrigation water system, cause a water survey to be made of the lands proposed to be annexed to the district in order to determine and allot the maximum amount of water that could be beneficially used on the land, with a separate survey and allotment being made for each 40-acre or smaller tract in separate ownership; and |
| (b) |
upon completion of the survey and allotment under Subsection (7)(a), file with the district board a return of the survey and report of the allotment. |
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| (8) |
| (a) |
The state engineer may establish water distribution systems and define the water distribution systems’ boundaries. |
| (b) |
The water distribution systems shall be formed in a manner that:
| (i) |
secures the best protection to the water claimants; and |
| (ii) |
is the most economical for the state to supervise. |
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| (9) |
The state engineer may conduct studies of current and novel uses of water in the state. |
| (10) |
Notwithstanding Subsection (4)(b), the state engineer may not on the basis of the depth of a water production well exempt the water production well from regulation under this title or rules made under this title related to the:
| (a) |
drilling, constructing, deepening, repairing, renovating, cleaning, developing, testing, disinfecting, or abandonment of a water production well; or |
| (b) |
installation or repair of a pump for a water production well. |
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Amended by Chapter 16, 2023 General Session
