12-19 17:25 H.B. 46
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Water Rights Applications Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Doug Owens
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LONG TITLE
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Committee Note:
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The Legislative Water Development Commission recommended this bill.
6 Legislative Vote:9 voting for 0 voting against4 absent
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General Description:
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This bill addresses applications before the state engineer.
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Highlighted Provisions:
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This bill:
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▸ addresses time frames related to reinstatement of a lapsed application; and
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▸ makes technical changes.
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Money Appropriated in this Bill:
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None
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Other Special Clauses:
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None
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Utah Code Sections Affected:
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AMENDS:
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73-3-18, as last amended by Laws of Utah 2021, Chapter 81
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Be it enacted by the Legislature of the state of Utah:
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Section 1. Section 73-3-18 is amended to read:
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73-3-18 . Lapse of application -- Notice -- Reinstatement -- Priorities --
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Assignment of application -- Filing and recording -- Constructive notice -- Effect of
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failure to record.
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(1) If an application lapses for failure of the applicant to comply with a provision of this
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title or an order of the state engineer, the state engineer shall promptly give notice of the
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lapse to the applicant by regular mail, or send notice electronically if receipt is verifiable.
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(2) [Within 60 days after notice of a lapse described in Subsection (1), the ]
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(a) The state engineer may, upon a showing of reasonable cause, reinstate [the
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application with] a lapsed application if, no later than 60 days after the state engineer H.B. 46 12-19 17:25
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mails or sends electronically the notice of lapse described in Subsection (1), the
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applicant files:
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(i) a request to reinstate the application using a restatement form provided by the
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state engineer; and
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(ii) a request for an extension of time under Section 73-3-12.
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(b) Except as provided in Subsection (2)(c), the state engineer shall change the date of
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priority [changed] of a reinstated application to the date [of] the request for
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reinstatement was filed.
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[(3)] (c) The original priority date of a lapsed application may not be reinstated, except
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upon a showing of [fraud or ]mistake of the state engineer or fraud.
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[(4)] (3) Except as provided in Section 73-3-5.6, Section 73-3-12, Section 73-3-20, or
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Subsection (2), the priority of an application is determined by the day on which the state
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engineer's office receives the written application.
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[(5)] (4) Before the state engineer issues a certificate of appropriation, a right claimed under
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an application for the appropriation of water may be assigned by a written instrument,
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including by use of a form provided by the state engineer's office.
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[(6)] (5)(a) An instrument assigning a right described in Subsection [(5)] (4) shall be
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recorded in the office of the applicable county recorder to provide notice of the
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instrument's contents.
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(b) Beginning July 1, 2017, the state engineer shall consider an assignment using the
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state engineer's form described in Subsection [(5)] (4) that is recorded and forwarded
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to the state engineer as a submitted report of water right conveyance for purposes of
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fulfilling Subsection 73-1-10(3)(a).
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[(7)] (6) An instrument described in Subsection [(5)] (4) that is not recorded as described in
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Subsection [(6)] (5) is void against any subsequent assignee in good faith and for
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valuable consideration of the same application or any portion of the same application, if
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the subsequent assignee's own assignment is recorded as described in Subsection [(6)] (5)
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first.
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Section 2. Effective date.
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This bill takes effect on May 7, 2025.
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