73-3-5.5 - Temporary applications to appropriate water -- Approval by engineer -- Expiration -- Proof of appropriation not required. - Utah Statutes

73-3-5.5. Temporary applications to appropriate water -- Approval by engineer --Expiration -- Proof of appropriation not required.
(1) The state engineer may issue temporary applications to appropriate water forbeneficial purposes.
(2) The provisions of this chapter governing regular applications to appropriate watershall apply to temporary applications with the following exceptions:
(a) (i) The state engineer shall undertake a thorough investigation of the proposedappropriation, and if the temporary application complies with the provisions of Section 73-3-8,may make an order approving the application.
(ii) If the state engineer finds that the appropriation sought might impair other rights,before approving the application, the state engineer shall give notice of the application to allpersons whose rights may be affected by the temporary appropriations.
(b) The state engineer may issue a temporary application for a period of time notexceeding one year.
(c) (i) The state engineer, in the approval of a temporary application, may make approvalsubject to whatever conditions and provisions he considers necessary to fully protect priorexisting rights.
(ii) If the state engineer determines that it is necessary to have a water commissionerdistribute the water under a temporary application for the protection of other vested rights, thestate engineer may assess the distribution costs against the holder of the temporary application.
(d) (i) A temporary application does not vest in its holder a permanent vested right to theuse of water.
(ii) A temporary application automatically expires and is cancelled according to its terms.
(e) Proof of appropriation otherwise required under this chapter is not required fortemporary applications.

Amended by Chapter 161, 1987 General Session