{"data":{"id":"us-ut/utah-code-73-3-30.5","jurisdiction":"us-ut","citation":"Utah Code § 73-3-30.5","heading":"Standardized leasing of water described in instream flow provisions.","body":"(1) As used in this section:\n(a) \"Concurring partner\" means:\n(i) a division, as defined in Section 73-3-30; or\n(ii) the executive director of the Colorado River Authority of Utah, appointed under Section 73-35-401.\n(b) \"Land in agricultural use\" means the same as that term is defined in Section 59-2-502.\n(c) \"Person entitled to the use of water\" means the same as that term is defined in Section 73-3-3.\n(d) \"Split season use\" means making sequential use of a portion of a water right in the same calendar year.\n(2) The state engineer:\n(a) shall prioritize the processing of an application if the conditions of Subsections (3) and (4) are met; and\n(b) may adjust the prioritization described in Subsection (2)(a) as necessary to address:\n(i) a protest to the application; or\n(ii) unusual conditions that make the initial prioritization infeasible.\n(3) To qualify for prioritization under this section, a lease:\n(a) may only lease water:\n(i) for a beneficial use described in Section 73-3-30;\n(ii) on a water right where the point of diversion is a surface source within an established distribution system served by a water commissioner appointed by the state engineer under Section 73-5-1; and\n(iii) when the approved used for the underlying water right is for an irrigation, industrial, or municipal purpose;\n(b) may include a lease of water based on split season use; and\n(c) may not include a lease of water diverted from an underground source of water.\n(4) A person entitled to the use of water who files an application that complies with this section shall:\n(a) file the application by no later than December 1 for a lease agreement intended to commence on or after April 1 in the following year;\n(b) describe in the application the concurrence of the applicable concurring partner;\n(c) for an application that includes a split season use on land in agricultural use, identify a single period during the water right period of use, of at least four consecutive weeks, that will be the basis for the split season use; and\n(d) confirm that the application based on a lease of water meets the conditions of Subsection (3) and this Subsection (4).","path":["Title 73 Water and Irrigation","Chapter 73-3 Appropriation"],"source_url":"https://le.utah.gov/xcode/Title73/Chapter3/73-3-S30.5.html","current_through":"2026 General Session","vintage":"","retrieved_at":"2026-09-03T11:34:34Z","sha256":"0f9b25a31a1ae511f16e105a3120a23449dfa1e2c716c851aba6d8c3f627cb40","source_id":"us-ut","stale":false,"prev":"us-ut/utah-code-73-3-30.3","next":"us-ut/utah-code-73-3-31"},"notice":"GroundRules: Original legal text. Not legal advice."}