73-3-21.1 - Priorities between appropriators. - Utah Statutes

73-3-21.1. Priorities between appropriators.
(1) As used in this section, "temporary water shortage emergency" means a shortage ofwater:
(a) whether caused by drought, manmade, or naturally caused;
(b) for which the governor has declared an emergency; and
(c) that may not exceed in duration more than two consecutive calendar years.
(2) (a) Appropriators shall have priority among themselves according to the dates of theirrespective appropriations, so that each appropriator is entitled to receive the appropriator's wholesupply before any subsequent appropriator has any right.
(b) Notwithstanding Subsection (2)(a), if there is a temporary water shortage emergency,the use of water for drinking, sanitation, and fire suppression has a preferential right over anyother water right for the duration of the temporary water shortage emergency if:
(i) the water is used by:
(A) an individual water user;
(B) a county or municipality; or
(C) a public water supplier, as defined in Section 73-1-4; and
(ii) the water is used without unnecessary waste.
(c) Notwithstanding Subsection (2)(a), if there is a temporary water shortage emergency,the use of water for agricultural purposes, including irrigation and livestock water, has apreferential right over any other right, except as provided in Subsection (2)(b).
(3) A person using water preferentially during a temporary water shortage emergencyshall pay annually to the appropriator whose water use is interrupted the reasonable value of thewater use interrupted, crop losses, and other consequential damages incurred as a result of theinterruption.

Enacted by Chapter 252, 2010 General Session