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Utah Code § 73-31-502

Delivery request for loaned water rights in water bank

Enacted by Chapter 342, 2020 General Session

(1) A borrower may use water from a water bank for any use within the water bank's service area consistent with the objectives in Section 73-31-104 and the conditions, if any, of the underlying approved change application.

(2) A borrower shall make use of a banked water right by submitting a delivery request to the water bank that complies with the water bank's requirements.

(3) The state engineer administratively supervises delivery of water to a borrower. The state engineer may:

(a) review an approved delivery request at any point in time to ensure the delivery request complies with a state engineer order approving water rights for use in the water bank, established distribution procedures based on priority, or both; and

(b) restrict delivery of loaned water rights if the approved delivery request causes impairment to other water users.

(4) A water bank shall keep a daily accounting of loaned water rights.

(5) A water bank shall refer known illegal water use actions to the state engineer's enforcement program pursuant to Section 73-2-25.

(6) A water bank is responsible for the payment of all distribution costs assessed for the delivery of a banked water right under Section 73-5-1.

Official source: Utah State Legislature. Reproduced from public-domain Utah statutes; confirm against the official source for the current text. Not legal advice.