{"data":{"id":"us-ut/utah-code-73-3-30.3","jurisdiction":"us-ut","citation":"Utah Code § 73-3-30.3","heading":"Dedicated water application.","body":"(1) As used in this section:\n(a) \"Agricultural land\" means land in agricultural use, as defined in Section 59-2-502.\n(b) \"Dedicated water\" means water that has been recognized for delivery or use under Section 73-3-30 and a dedicated water application.\n(c) \"Dedicated water application\" means an application to change the existing nature of use and place of use for a water right by adding a nature of use for:\n(i) an instream flow within a specified reach of a natural or altered stream;\n(ii) use on sovereign lands; or\n(iii) a project to deliver water to a reservoir located partially or entirely within the Colorado River System in the state in accordance with this section.\n(d) \"Split season use\" means making sequential use of a portion of a water right in the same calendar year.\n(2) A dedicated water application may:\n(a) be filed for:\n(i) a fixed period of time; or\n(ii) an indefinite period of time; and\n(b) include a split season use.\n(3) Approval of a dedicated water application does not:\n(a) change an existing element of the underlying water right;\n(b) extend the time for filing proof or taking other required action associated with the underlying water right; or\n(c) require the applicant to make dedicated water available for use in a given year or in a specific quantity or volume.\n(4)\n(a) The state engineer shall process a dedicated water application in accordance with Sections 73-3-3 and 73-3-8.\n(b) The state engineer shall prioritize the processing of a dedicated water application.\n(c) The state engineer may deny a dedicated water application if the state engineer determines that the dedicated water application would result in land being removed from agricultural land for a full irrigation season in more than two years out of a five-year period on the same agricultural field.\n(5) The state engineer may require an owner of an approved dedicated water application under this section to provide:\n(a) annual notice of intent to exercise the dedicated water application;\n(b) information about the annual volume of water to be dedicated by the owner from the underlying water right; and\n(c) other information the state engineer considers necessary to:\n(i) ensure the dedication of water is taking place;\n(ii) establish that the owner still has a legal interest in the underlying water right used as the basis for the dedication of water; or\n(iii) determine the quantity of water being dedicated.\n(6) An approved dedicated water application lapses:\n(a) automatically on the date the underlying water right that is the basis of the dedicated application:\n(i) lapses;\n(ii) is withdrawn; or\n(iii) is declared forfeited or abandoned; or\n(b) upon notice from the state engineer if:\n(i) the applicant no longer holds a legal interest in the underlying water right that is the basis of the dedicated water application;\n(ii) the delivery of dedicated water can no longer be carried out as stated in the dedicated water application;\n(iii) the applicant has not complied with the conditions established by the state engineer in the order approving the dedicated water application; or\n(iv) the applicant fails to provide the information requested by the state engineer under Subsection (5).","path":["Title 73 Water and Irrigation","Chapter 73-3 Appropriation"],"source_url":"https://le.utah.gov/xcode/Title73/Chapter3/73-3-S30.3.html","current_through":"2026 General Session","vintage":"","retrieved_at":"2026-09-03T11:34:34Z","sha256":"8791135bb01c5024cd39734b5713d01b0c737bbd91af6f85d3e136d47fb0ac92","source_id":"us-ut","stale":false,"prev":"us-ut/utah-code-73-3-30","next":"us-ut/utah-code-73-3-30.5"},"notice":"GroundRules: Original legal text. Not legal advice."}