73-3-28 - Replacement wells -- Requirements -- State engineer's approval -- Application to drill -- Filing -- Form -- Contents -- Notice -- Fees -- Definition -- Plugging of old well. - Utah Statutes

73-3-28. Replacement wells -- Requirements -- State engineer's approval --Application to drill -- Filing -- Form -- Contents -- Notice -- Fees -- Definition -- Plugging ofold well.
An existing well may be replaced with a replacement well within a radius of 150 feetfrom the existing well without the filing of a change application under Section 73-3-3, uponapproval first having been obtained from the state engineer.
Such request for permission to drill a replacement well shall be filed with the stateengineer upon a form to be furnished by the state engineer. Such form shall contain, but need notbe limited to, the name and post office address of the person, corporation or association makingthe request. The number of the claim or application filed with the state engineer covering the wellwhich is being replaced, the number of the award if in a decree, the reason for the replacement,the location of the replacement well with reference to the nearest United States land surveycorner, and from the old well, and the name of the driller employed by the applicant to do thework.
No filing fee shall be required for the filing of such a request for permission to drill areplacement well and the state engineer need give only such notice as, in his judgment, isnecessary to protect existing rights and in the event the state engineer shall determine that it isnecessary to publish notice the advertising fee shall be paid in advance by the applicant.
The term "replacement well" as used herein means a new well drilled for the sole purposeof replacing an existing well which is impaired or made useless by structural difficulties and nonew right in the use of water accrues. Upon completion of the new well the old well must beplugged by the applicant in a manner satisfactory to the state engineer.

Amended by Chapter 136, 2001 General Session