Utah Code 73-3b-202. Issuance of recharge permit — Criteria — Conditions
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The state engineer:
(1) shall issue a recharge permit if:
Terms Used In Utah Code 73-3b-202
- Land: includes :(18)(a) land;(18)(b) a tenement;(18)(c) a hereditament;(18)(d) a water right;(18)(e) a possessory right; and(18)(f) a claim. See Utah Code 68-3-12.5
- Person: means :
(24)(a) an individual;(24)(b) an association;(24)(c) an institution;(24)(d) a corporation;(24)(e) a company;(24)(f) a trust;(24)(g) a limited liability company;(24)(h) a partnership;(24)(i) a political subdivision;(24)(j) a government office, department, division, bureau, or other body of government; and(24)(k) any other organization or entity. See Utah Code 68-3-12.5- 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
- 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 applicant has:(1)(a)(i) the technical and financial capability to construct and operate the recharge project; and(1)(a)(ii)(1)(a)(ii)(A) a valid water right for the use of the water proposed to be artificially recharged; or(1)(a)(ii)(B) an agreement to use the water proposed to be artificially recharged with a person who has a valid water right for the use of the water proposed to be artificially recharged; and(1)(b) the project:(1)(b)(i) is hydrologically feasible;(1)(b)(ii) will not cause unreasonable harm to land;(1)(b)(iii) will not impair any existing water right within the area of hydrologic impact; and(1)(b)(iv) will not adversely affect the water quality of the aquifer;(2) shall condition any approval on acquiring the applicable water quality permits prior to construction and operation of the recharge project; and(3) may attach to the permit any condition the state engineer determines is appropriate. - Person: means :