Utah § 73-2-1 - State engineer -- Term -- Powers and duties -- Qualification for duties.
Full text of Utah Utah Code § 73-2-1 — State engineer -- Term -- Powers and duties -- Qualification for duties., with citation guidance and answers to common questions.
§ 73-2-1. State engineer -- Term -- Powers and duties -- Qualification for duties.
Effective 5/1/2024 73-2-1.
State engineer -- Term -- Powers and duties -- Qualification for duties.
(1)
There shall be a state engineer.
(2)
The state engineer shall:
(a)
be appointed by the governor with the advice and consent of the Senate;
(b)
hold office for the term of four years and until a successor is appointed; and
(c)
have five years experience as a practical engineer or the theoretical knowledge, practical experience, and skill necessary for the position.
(3)
(a)
The state engineer shall be responsible for the general administrative supervision of the waters of the state and the measurement, appropriation, apportionment, and distribution of those waters.
(b)
The state engineer may secure the equitable apportionment and distribution of the water according to the respective rights of appropriators.
(4)
The state engineer shall make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, consistent with the purposes and provisions of this title, regarding:
(a)
reports of water right conveyances;
(b)
the construction of water wells and the licensing of water well drillers;
(c)
dam construction and safety;
(d)
the alteration of natural streams;
(e)
geothermal resource conservation;
(f)
enforcement orders and the imposition of fines and penalties;
(g)
the duty of water; and
(h)
standards for written plans of a public water supplier that may be presented as evidence of reasonable future water requirements under Subsection 73-1-4(2)(f).
(5)
The state engineer may make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, consistent with the purposes and provisions of this title, governing:
(a)
water distribution systems and water commissioners;
(b)
water measurement, telemetry, and reporting;
(c)
groundwater recharge and recovery;
(d)
wastewater reuse;
(e)
the form, content, and processing procedure for a claim under Section 73-5-13 to surface or underground water that is not represented by a certificate of appropriation;
(f)
the form and content of a proof submitted to the state engineer under Section 73-3-16;
(g)
the determination of water rights;
(h)
the form and content of applications and related documents, maps, and reports;
(i)
the administration of saved water, as defined in Section 73-3-3, including:
(i)
quantifying saved water;
(ii)
reporting related to saved water;
(iii)
verifying saved water;
(iv)
segregating saved water; and
(v)
the subsequent placement to beneficial use of saved water; or
(j)
water distribution accounting.
(6)
The state engineer may bring suit in courts of competent jurisdiction to:
(a)
enjoin the unlawful appropriation, diversion, and use of surface and underground water without first seeking redress through the administrative process;
(b)
prevent theft, waste, loss, or pollution of surface and underground waters;
(c)
enable the state engineer to carry out the duties of the state engineer's office; and
(d)
enforce administrative orders and collect fines and penalties.
(7)
The state engineer may:
(a)
upon request from the board of trustees of an irrigation district under Title 17B, Chapter 2a, Part 5, Irrigation District Act, or another special district under Title 17B, Limited Purpose Local Government Entities - Special Districts, or a special service district under Title 17D, Chapter 1, Special Service District Act, that operates an irrigation water system, cause a water survey to be made of the lands proposed to be annexed to the district in order to determine and allot the maximum amount of water that could be beneficially used on the land, with a separate survey and allotment being made for each 40-acre or smaller tract in separate ownership; and
(b)
upon completion of the survey and allotment under Subsection (7)(a), file with the district board a return of the survey and report of the allotment.
(8)
(a)
The state engineer may establish water distribution systems and define the water distribution systems' boundaries.
(b)
The water distribution systems shall be formed in a manner that:
(i)
secures the best protection to the water claimants; and
(ii)
is the most economical for the state to supervise.
(9)
The state engineer may conduct studies of current and novel uses of water in the state.
(10)
Notwithstanding Subsection (4)(b), the state engineer may not on the basis of the depth of a water production well exempt the water production well from regulation under this title or rules made under this title related to the:
(a)
drilling, constructing, deepening, repairing, renovating, cleaning, developing, testing, disinfecting, or abandonment of a water production well; or
(b)
installation or repair of a pump for a water production well.
Amended by Chapter 37, 2024 General Session Amended by Chapter 233, 2024 General Session Amended by Chapter 381, 2024 General Session
Section 73-2-1 ("State engineer -- Term -- Powers and duties -- Qualification for duties.") is part of the Utah Code, the codified statutory law of Utah. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Utah § 73-2-1?
A common citation format is "Utah Code § 73-2-1" (Utah). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Utah law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Utah official source linked on this page or consult a licensed Utah attorney.
How does Utah § 73-2-1 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Utah can advise on how this section applies to you. Contact your state or local bar association for a referral.
