73-3-1 - Appropriation -- Manner of acquiring water rights.
73-3-1. Appropriation -- Manner of acquiring water rights.
(1) A person may acquire a right to the use of the unappropriated public waters in thisstate only as provided for in this title.
(2) The appropriation of public waters in the state shall comply with the requirements ofthis title.
(3) Except as provided in Subsection (7), a person obtaining, initiating the use of, orproviding notice of intent to appropriate a water right shall comply with the requirements of thischapter.
(4) An appropriation may be made only for a useful and beneficial purpose.
(5) (a) Between appropriators, the one first in time is first in rights.
(b) A use designated by an application to appropriate any of the unappropriated waters ofthe state that would materially interfere with a more beneficial use of the water shall be dealtwith as provided in Section 73-3-8.
(6) A person may not acquire a right to the use of water either appropriated orunappropriated by adverse use or adverse possession.
(7) Notwithstanding Section 73-3-2, a person may directly capture and store precipitationas provided in Section 73-3-1.5.
Amended by Chapter 19, 2010 General Session