| (1) |
To assist the state engineer or water commissioner in the regulation, distribution, and measurement of water, a person using water in this state, except as provided by Subsection (4), shall construct or install and maintain controlling works and a measuring device at:
Terms Used In Utah Code 73-5-4
| (a) |
each location where water is diverted from a source; and |
| (b) |
any other location required by the state engineer. |
|
| (2) |
A person using water in this state shall make the controlling works and measuring device accessible to the state engineer or water commissioner. |
| (3) |
The state engineer shall approve the design of:
| (a) |
the measuring device; and |
| (b) |
controlling works so that the state engineer or a water commissioner may regulate and lock the works. |
|
| (4) |
A person using water as an instream flow:
| (a) |
shall install and maintain a measuring device or stream gauging station in the section of the stream within which the instream flow is maintained; and |
| (b) |
is not required to install controlling works unless the state engineer’s order approving the application requires the installation because controlling works are necessary to achieve the purpose of the application. |
|
| (5) |
| (a) |
An owner or manager of a reservoir shall construct and maintain a measuring device as directed by the state engineer to measure the inflow, storage content, and outflow from the reservoir. |
| (b) |
The state engineer shall approve the design and location of the measuring device. |
| (c) |
The owner or manager of a reservoir shall make the measuring device accessible to the state engineer or water commissioner. |
|
| (6) |
If a water user refuses or neglects to construct or install the controlling works or measuring device after 30 days’ notice to do so by the state engineer, the state engineer may:
| (a) |
forbid the use of water until the user complies with the state engineer’s requirement; and |
| (b) |
commence enforcement proceedings authorized by Section 73-2-25. |
|
Amended by Chapter 311, 2008 General Session
