Utah Code 73-3d-301. Preferences between persons using water

73-3d-301. Preferences between persons using water.

(1)

Notwithstanding Section 73-3-21.1, if the governor issues an executive order declaring a temporary water shortage emergency under this chapter:

Terms Used In Utah Code 73-3d-301

Electric utility: means :

(a)	a municipal electric utility, as defined in Section 10-19-102;

(b)	an electric interlocal entity, as defined in Section 11-13-103;

(c)	an energy services interlocal entity, as defined in Section 11-13-103;

(d)	a project entity, as defined in Section 11-13-103;

(e)	an electric improvement district, as defined in Section 17B-2a-406; or

(f)

an electrical corporation, as defined in Section 54-2-1. See Utah Code 73-3d-101

Military facility: means an installation, base, air field, camp, post, station, yard, center, or other facility owned, leased, or operated by, or under the jurisdiction of, the United States Department of Defense or the National Guard. See Utah Code 73-3d-101

Person: means :Utah Code 68-3-12.5

Person entitled to make a request: means :

(a)	the holder of an approved but unperfected application to appropriate water;

(b)	the record owner of a perfected water right; or

(c)

a person who provides water using an approved but unperfected application or a perfected water right with the written authorization of a person described in Subsection (3)(a) or (b). See Utah Code 73-3d-101

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

Temporary water shortage emergency: means an interruption of water delivery for which the governor may declare an emergency in accordance with Section 73-3d-201. See Utah Code 73-3d-101

(a)

use of water is preferred over other water use during the time period of the temporary water shortage emergency under the executive order if the water is used in accordance with the executive order:

(i)

for one or more of the following purposes, with preference exercised in the order listed:

(A)

drinking;

(B)	sanitation;

(C)	fire suppression;

(D)	commercial agriculture animal welfare needs; or

(E)	generation of electricity; and

(ii)

by one of the following:

(A)	a public water supplier, as defined in Section 73-1-4;

(B)	a military facility that was in operation on March 10, 2011;

(C)	a commercial agriculture operation for purposes described in Subsection (1)(a)(i)(D); or

(D)	an electric utility; and

(b)	use of water for agricultural purposes, including irrigation, livestock watering, or food processing, is preferred over other rights, except as provided in Subsection (1)(a).

(2)	A preference for fire suppression under Subsection (1) is in addition to the governor’s authorization to use water sources as necessary for fire suppression under Subsection 53-2a-204(1)(o).

(3)	The state engineer shall determine, consistent with the executive order declaring a temporary water shortage emergency, through a priority schedule, which water rights a person specified in the executive order as required by Subsection 73-3d-201(1)(c)(iv) may interrupt for purposes of this section.

(4)

(a)	A person entitled to make a request who uses water preferentially during a temporary water shortage emergency shall measure the water taken preferentially during the temporary water shortage emergency.

(b)	A duty to measure under this Subsection (4) does not replace or modify any other duty to measure water under this title or rules made under this title.

Enacted by Chapter 126, 2023 General Session

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