Utah 2025 Regular Session

Utah House Bill HB0046 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	~~Enrolled Copy~~ H.B. 46
	1	+	01-27 11:11 H.B. 46
2	2		1
3	3		Water Rights Applications Amendments
4	4		2025 GENERAL SESSION
5	5		STATE OF UTAH
6	6		Chief Sponsor: Doug Owens
7		-	Senate Sponsor: ~~Evan J. Vickers~~
	7	+	Senate Sponsor:
8	8		2
9	9
10	10		3
11	11		LONG TITLE
12	12		4
	13	+	Committee Note:
	14	+	5
	15	+	The Legislative Water Development Commission recommended this bill.
	16	+	6 Legislative Vote:9 voting for 0 voting against4 absent
	17	+	7
13	18		General Description:
14		-	5
	19	+	8
15	20		This bill addresses applications before the state engineer.
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	21	+	9
17	22		Highlighted Provisions:
18		-	7
	23	+	10
19	24		This bill:
20		-	8
	25	+	11
21	26		▸ addresses time frames related to reinstatement of a lapsed application; and
22		-	9
	27	+	12
23	28		▸ makes technical changes.
24		-	10
	29	+	13
25	30		Money Appropriated in this Bill:
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	31	+	14
27	32		None
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	33	+	15
29	34		Other Special Clauses:
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	35	+	16
31	36		None
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	37	+	17
33	38		Utah Code Sections Affected:
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	39	+	18
35	40		AMENDS:
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	41	+	19
37	42		73-3-18, as last amended by Laws of Utah 2021, Chapter 81
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	43	+	20
39	44
40		-	18
	45	+	21
41	46		Be it enacted by the Legislature of the state of Utah:
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	47	+	22
43	48		Section 1. Section 73-3-18 is amended to read:
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	49	+	23
45	50		73-3-18 . Lapse of application -- Notice -- Reinstatement -- Priorities --
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	51	+	24
47	52		Assignment of application -- Filing and recording -- Constructive notice -- Effect of
48		-	22
	53	+	25
49	54		failure to record.
50		-	23
	55	+	26
51	56		(1) If an application lapses for failure of the applicant to comply with a provision of this
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	57	+	27
53	58		title or an order of the state engineer, the state engineer shall promptly give notice of the
54		-	25
	59	+	28
55	60		lapse to the applicant by regular mail, or send notice electronically if receipt is verifiable.
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	61	+	29
57	62		(2) [Within 60 days after notice of a lapse described in Subsection (1), the ]
58		-	27
	63	+	30
59	64		(a) The state engineer may, upon a showing of reasonable cause, reinstate [the
60		-	28
61		-	application with] a lapsed application if, no later than 60 days after the state engineer H.B. 46 Enrolled Copy
62		-	29
	65	+	H.B. 46 H.B. 46 01-27 11:11
	66	+	31
	67	+	application with] a lapsed application if, no later than 60 days after the state engineer
	68	+	32
63	69		mails or sends electronically the notice of lapse described in Subsection (1), the
64		-	30
	70	+	33
65	71		applicant files:
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67		-	(i) a request to reinstate the application using a reinstatement form provided by the
68		-	32
	72	+	34
	73	+	(i) a request to reinstate the application using a Ĥ→ [restatement] reinstatement ←Ĥ form
	74	+	34a
	75	+	provided by the
	76	+	35
69	77		state engineer; and
70		-	33
	78	+	36
71	79		(ii) a request for an extension of time under Section 73-3-12.
72		-	34
	80	+	37
73	81		(b) Except as provided in Subsection (2)(c), the state engineer shall change the date of
74		-	35
	82	+	38
75	83		priority [changed] of a reinstated application to the date [of] the request for
76		-	36
	84	+	39
77	85		reinstatement was filed.
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	86	+	40
79	87		[(3)] (c) The original priority date of a lapsed application may not be reinstated, except
80		-	38
	88	+	41
81	89		upon a showing of [fraud or ]mistake of the state engineer or fraud.
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	90	+	42
83	91		[(4)] (3) Except as provided in Section 73-3-5.6, Section 73-3-12, Section 73-3-20, or
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	92	+	43
85	93		Subsection (2), the priority of an application is determined by the day on which the state
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	94	+	44
87	95		engineer's office receives the written application.
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	96	+	45
89	97		[(5)] (4) Before the state engineer issues a certificate of appropriation, a right claimed under
90		-	43
	98	+	46
91	99		an application for the appropriation of water may be assigned by a written instrument,
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	100	+	47
93	101		including by use of a form provided by the state engineer's office.
94		-	45
	102	+	48
95	103		[(6)] (5)(a) An instrument assigning a right described in Subsection [(5)] (4) shall be
96		-	46
	104	+	49
97	105		recorded in the office of the applicable county recorder to provide notice of the
98		-	47
	106	+	50
99	107		instrument's contents.
100		-	48
	108	+	51
101	109		(b) Beginning July 1, 2017, the state engineer shall consider an assignment using the
102		-	49
	110	+	52
103	111		state engineer's form described in Subsection [(5)] (4) that is recorded and forwarded
104		-	50
	112	+	53
105	113		to the state engineer as a submitted report of water right conveyance for purposes of
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	114	+	54
107	115		fulfilling Subsection 73-1-10(3)(a).
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	116	+	55
109	117		[(7)] (6) An instrument described in Subsection [(5)] (4) that is not recorded as described in
110		-	53
	118	+	56
111	119		Subsection [(6)] (5) is void against any subsequent assignee in good faith and for
112		-	54
	120	+	57
113	121		valuable consideration of the same application or any portion of the same application, if
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	122	+	58
115	123		the subsequent assignee's own assignment is recorded as described in Subsection [(6)] (5)
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	124	+	59
117	125		first.
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	126	+	60
119	127		Section 2. Effective date.
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	128	+	61
121	129		This bill takes effect on May 7, 2025.
122	130		- 2 -