(1) |
The state engineer shall:
Terms Used In Utah Code 73-3a-108- 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
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- 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) |
undertake an investigation of any application made under this chapter; and |
(b) |
approve the application, if he finds that:
(i) |
the proposed appropriation or change:
(B) |
is consistent with Utah’s reasonable water conservation policies or objectives; |
(C) |
is not contrary to the public welfare; and |
(D) |
does not impair the ability of the state of Utah to comply with its obligation under any interstate compact or judicial decree which apportions water among Utah and other states; and |
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(ii) |
the water can be transported, measured, delivered, and beneficially used in the recipient state. |
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(2) |
In reviewing the criteria of Subsections (1)(b)(i)(B) and (1)(b)(i)(C), the state engineer shall consider the following factors:
(a) |
the supply and quality of water available to the state of Utah; |
(b) |
the current and reasonably anticipated water demands of the state of Utah; |
(c) |
whether there are current or reasonably anticipated water shortages within Utah; |
(d) |
whether the water that is the subject of the application could feasibly be used to alleviate current or reasonably anticipated water shortages within Utah; |
(e) |
the alternative supply and sources of water available to the applicant in the state where the applicant intends to use the water; and |
(f) |
the demands placed on the applicant’s alternate water supply in the state where the applicant intends to use the water. |
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(3) |
If any application fails to meet any criteria of Subsection (1), it shall be rejected. |
(4) |
The state engineer may condition any approval to ensure that the use of the water in another state:
(a) |
is subject to the same laws, rules, and controls that may be imposed upon water use within the state of Utah; or |
(b) |
is consistent with the terms and conditions of any applicable interstate compact to which the state of Utah is a party. |
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Enacted by Chapter 234, 1991 General Session