Utah § 73-3-30.5 - Standardized leasing of water described in instream flow provisions.
Full text of Utah Utah Code § 73-3-30.5 — Standardized leasing of water described in instream flow provisions., with citation guidance and answers to common questions.
§ 73-3-30.5. Standardized leasing of water described in instream flow provisions.
Effective 5/6/2026 73-3-30.5.
Standardized leasing of water described in instream flow provisions.
the executive director of the Colorado River Authority of Utah, appointed under Section 73-35-401.
(b)
"Land in agricultural use" means the same as that term is defined in Section 59-2-502.
(c)
"Person entitled to the use of water" means the same as that term is defined in Section 73-3-3.
(d)
"Split season use" means making sequential use of a portion of a water right in the same calendar year.
(2)
The state engineer:
(a)
shall prioritize the processing of an application if the conditions of Subsections (3) and (4) are met; and
(b)
may adjust the prioritization described in Subsection (2)(a) as necessary to address:
(i)
a protest to the application; or
(ii)
unusual conditions that make the initial prioritization infeasible.
(3)
To qualify for prioritization under this section, a lease:
(a)
may only lease water:
(i)
for a beneficial use described in Section 73-3-30;
(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
(iii)
when the approved used for the underlying water right is for an irrigation, industrial, or municipal purpose;
(b)
may include a lease of water based on split season use; and
(c)
may not include a lease of water diverted from an underground source of water.
(4)
A person entitled to the use of water who files an application that complies with this section shall:
(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;
(b)
describe in the application the concurrence of the applicable concurring partner;
(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
(d)
confirm that the application based on a lease of water meets the conditions of Subsection (3) and this Subsection (4).
Section 73-3-30.5 ("Standardized leasing of water described in instream flow provisions.") 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 § 73-3-30.5?
A common citation format is "Utah Code § 73-3-30.5" (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 § 73-3-30.5 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.
