Utah § 73-5-3 - Control by engineer of division and distribution under judgments.
Full text of Utah Utah Code § 73-5-3 — Control by engineer of division and distribution under judgments., with citation guidance and answers to common questions.
§ 73-5-3. Control by engineer of division and distribution under judgments.
Effective 5/6/2026 73-5-3.
Control by engineer of division and distribution under judgments.
(1)
The state engineer or the state engineer's designee shall carry into effect a judgment of a court in relation to the division, distribution, or use of water under the provisions of this title.
(2)
The state engineer shall:
(a)
divide water among several appropriators entitled to the water in accordance with the right of each appropriator;
(b)
regulate and control the use of the water by closing or partially closing a head gate, cap, valve, or other controlling work of a ditch, canal, pipe, flume, well or tunnel, or other means of diversion to prevent the waste of water or its use in excess of the quantity to which an appropriator is lawfully entitled; and
(c)
regulate a controlling work of reservoirs in accordance with this title.
(3)
(a)
If the state engineer regulates a head gate, cap, valve, or other controlling work of a ditch, canal, pipe, flume, well or tunnel, or other means of diversion, or the controlling work of a reservoir, the state engineer may attach to the controlling work a written notice, properly dated and signed, setting forth that the controlling work has been properly regulated and is wholly under the state engineer's control.
(b)
The notice provided under Subsection (3)(a) is a legal notice, as to the facts contained in the notice, to all parties interested in the division and distribution of the water of the ditch, canal, pipe, flume, well or tunnel, or other means of diversion, or reservoir.
(4)
(a)
If the state engineer is required to enter upon private property to carry out this title and is refused by the owner or possessor of the property the right of entry, the state engineer may petition the district court for an order granting a right of entry.
(b)
After notice and hearing, the court may grant the state engineer a right of entry, on security given by the state engineer to pay the owner of the property for damage caused by the entry.
(5)
(a)
Leased water approved for use under Section 73-3-30 for a purpose described in Section 73-3-30:
(i)
is not subject to diversion or impoundment by an intervening user between the point where the water is released or would otherwise have been diverted for the underlying water right and the approved place of use; and
(ii)
may not be regulated or controlled by a person other than the state engineer or the state engineer's designee.
(b)
The state engineer may allocate water described in Subsection (5)(a) as if the water was naturally flowing.
(c)
When water described in Subsection (5)(a) reaches an impoundment or barrier that impedes or interferes with the flow of the water, the owner or operator of the impoundment or barrier:
(i)
may not refuse to release the water from the impoundment or barrier; and
(ii)
shall ensure that the water is passed through the impoundment or barrier upon the direction of the state engineer or the state engineer's designee at the owner or operator's sole expense.
(d)
Nothing in this Subsection (5) prohibits the state engineer from regulating or controlling water described in Subsection (5)(a) in accordance with a written agreement between an individual water user, group of water users, or an owner or operator of an impoundment or barrier described in Subsection (5)(c).
Section 73-5-3 ("Control by engineer of division and distribution under judgments.") 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 § 73-5-3?
A common citation format is "Utah Code § 73-5-3" (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 § 73-5-3 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.
