Utah § 73-3-17 - Certificate of appropriation -- Evidence.
Full text of Utah Utah Code § 73-3-17 — Certificate of appropriation -- Evidence., with citation guidance and answers to common questions.
§ 73-3-17. Certificate of appropriation -- Evidence.
Effective 5/1/2024 73-3-17.
Certificate of appropriation -- Evidence.
(1)
Upon the satisfaction of the state engineer that an appropriation, a permanent change of point of diversion, place or purpose of use, or a fixed time change authorized by Section 73-3-30 has been perfected in accordance with the application, and that the water appropriated or affected by the change has been put to a beneficial use, as required by Section 73-3-16 or 73-3-30, or demonstrated to be saved water, as defined in Section 73-3-3, the state engineer shall issue a certificate, in duplicate, setting forth:
(a)
the name and post-office address of the person by whom the water is used;
(b)
the quantity of water in acre-feet or the flow in second-feet appropriated and, if applicable, the quantity of saved water, as defined in Section 73-3-3;
(c)
the purpose for which the water is used;
(d)
the time during which the water is to be used each year;
(e)
the name of the stream or water source:
(i)
from which the water is diverted; or
(ii)
within which an instream flow is maintained;
(f)
the date of the appropriation or change; and
(g)
other information that defines the extent and conditions of actual application of the water to a beneficial use.
(2)
A certificate issued on an application for one of the following types of projects need show no more than the facts shown in the proof submitted under Section 73-3-16:
(a)
a project constructed according to Chapter 10, Board of Water Resources - Division of Water Resources;
(b)
a federal project constructed by the United States Bureau of Reclamation, referred to in Section 73-3-16; and
(c)
a surface water storage facility in excess of 1,000 acre-feet constructed by a public water supplier.
(3)
A certificate issued under this section does not:
(a)
extend the rights described in the application; or
(b)
constitute a determination by the state engineer as to whether the perfected appropriation or change has or may result in interference, impairment, injury, or other harm to another water right.
(4)
Failure to file proof of appropriation or proof of change of the water on or before the date set for the filing causes the application to lapse.
(5)
(a)
One copy of a certificate issued under this section shall be filed in the office of the state engineer and the other copy shall be delivered to the appropriator or to the person making the change who may record the certificate in the office of the county recorder of the county in which the water is diverted from the natural stream or source.
(b)
The state engineer is not required to deliver a copy of a certificate issued under this section to a person other than the appropriator or the person making the change.
(6)
The certificate issued under this section is prima facie evidence of the owner's right to use the water in the quantity, for the purpose, at the place, and during the time specified in the certificate, subject to prior rights.
Section 73-3-17 ("Certificate of appropriation -- Evidence.") 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 § 73-3-17?
A common citation format is "Utah Code § 73-3-17" (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 § 73-3-17 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.
