Utah Code 73-26-102. Findings

(1)

The Legislature finds that:

Board: means the Board of Water Resources. See Utah Code 73-26-103
Developed waters: means surface water developed by projects authorized under this chapter. See Utah Code 73-26-103
Division: means the Division of Water Resources. See Utah Code 73-26-103
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}
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

(a)	the Board of Water Resources has significant filings for water of the Bear River that could be developed;

(b)	the continued growth and prosperity of communities in the Bear River Basin and the Wasatch Front will be enhanced by the development and utilization of the Bear River, one of the last major sources of developable water in the state; and

(c)

Bear River water developed by the state should be apportioned in an equitable manner taking into consideration:

(i)	the increasing water needs of the state’s growing urban population; and

(ii)

preservation of future supplies for areas:

(A)	where the water originates; or

(B)	that are adjacent to the water and can be conveniently supplied by it.

(2)

Therefore, it is the purpose of this chapter to:

(a)	direct the Division of Water Resources to develop the surface waters of the Bear River and its tributaries covered by filings of the board, filings acquired from the Bureau of Reclamation, or new filings, as approved by the state engineer;

(b)	allocate the developed waters among various regions and entities; and

(c)	provide protection for existing rights.

(3)

Nothing in this chapter shall:

(a)	cover groundwater; or

(b)

be construed to prevent any person from developing:

(i)	groundwater pursuant to state law; or

(ii)	the surface waters of the Bear River or its tributaries at any site including sites studied by the state.

Enacted by Chapter 251, 1991 General Session