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Current as of January 01, 2025 | Updated by Findlaw Staff
(1) The state engineer may issue temporary applications to appropriate water for beneficial purposes.
(2) The provisions of this chapter governing regular applications to appropriate water shall apply to temporary applications with the following exceptions:
(a)(i) The state engineer shall undertake a thorough investigation of the proposed appropriation, and if the temporary application complies with the provisions of Section 73-3-8, may make an order approving the application.
(ii) If the state engineer finds that the appropriation sought might impair other rights, before approving the application, the state engineer shall give notice of the application to all persons whose rights may be affected by the temporary appropriations.
(b) The state engineer may issue a temporary application for a period of time not exceeding one year.
(c)(i) The state engineer, in the approval of a temporary application, may make approval subject to whatever conditions and provisions he considers necessary to fully protect prior existing rights.
(ii) If the state engineer determines that it is necessary to have a water commissioner distribute the water under a temporary application for the protection of other vested rights, the state engineer may assess the distribution costs against the holder of the temporary application.
(d)(i) A temporary application does not vest in its holder a permanent vested right to the use of water.
(ii) A temporary application automatically expires and is cancelled according to its terms.
(e) Proof of appropriation otherwise required under this chapter is not required for temporary applications.
Cite this article: FindLaw.com - Utah Code Title 73. Water and Irrigation § 73-3-5.5. Temporary applications to appropriate water--Approval by engineer--Expiration--Proof of appropriation not required - last updated January 01, 2025 | https://codes.findlaw.com/ut/title-73-water-and-irrigation/ut-code-sect-73-3-5-5/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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