73-3-3 - Permanent or temporary changes in point of diversion, place of use, or purpose of use.
73-3-3. Permanent or temporary changes in point of diversion, place of use, orpurpose of use.
(1) For purposes of this section:
(a) "Permanent change" means a change for an indefinite period of time with an intent torelinquish the original point of diversion, place of use, or purpose of use.
(b) "Temporary change" means a change for a fixed period of time not exceeding oneyear.
(2) (a) Any person entitled to the use of water may make permanent or temporarychanges in the:
(i) point of diversion;
(ii) place of use; or
(iii) purpose of use for which the water was originally appropriated.
(b) Except as provided by Section 73-3-30, a change may not be made if it impairs avested water right without just compensation.
(3) A person entitled to use water shall change a point of diversion, place of use, orpurpose of water use, including water involved in a general adjudication or other suit, in themanner provided in this section.
(4) (a) A person entitled to use water may not make a change unless the state engineerapproves the change application.
(b) A person entitled to use water shall submit a change application upon formsfurnished by the state engineer and shall set forth:
(i) the applicant's name;
(ii) the water right description;
(iii) the water quantity;
(iv) the stream or water source;
(v) if applicable, the point on the stream or water source where the water is diverted;
(vi) if applicable, the point to which it is proposed to change the diversion of the water;
(vii) the place, purpose, and extent of the present use;
(viii) the place, purpose, and extent of the proposed use; and
(ix) any other information that the state engineer requires.
(5) (a) The state engineer shall follow the same procedures, and the rights and duties ofthe applicants with respect to applications for permanent changes of point of diversion, place ofuse, or purpose of use shall be the same, as provided in this title for applications to appropriatewater.
(b) The state engineer may waive notice for a permanent change application involvingonly a change in point of diversion of 660 feet or less.
(6) (a) The state engineer shall investigate all temporary change applications.
(b) If the state engineer finds that the temporary change will not impair a vested waterright, the state engineer shall issue an order authorizing the change.
(c) If the state engineer finds that the change sought might impair a vested water right,before authorizing the change, the state engineer shall give notice of the application to any personwhose right may be affected by the change.
(d) Before making an investigation or giving notice, the state engineer may require theapplicant to deposit a sum of money sufficient to pay the expenses of the investigation andpublication of notice.
(7) (a) Except as provided by Section 73-3-30, the state engineer may not reject apermanent or temporary change application for the sole reason that the change would impair avested water right.
(b) If otherwise proper, the state engineer may approve a permanent or temporary changeapplication for part of the water involved or upon the condition that the applicant acquire theconflicting water right.
(8) (a) A person holding an approved application for the appropriation of water maychange the point of diversion, place of use, or purpose of use.
(b) A change of an approved application does not:
(i) affect the priority of the original application; or
(ii) extend the time period within which the construction of work is to begin or becompleted.
(9) Any person who changes or who attempts to change a point of diversion, place ofuse, or purpose of use, either permanently or temporarily, without first applying to the stateengineer in the manner provided in this section:
(a) obtains no right;
(b) is guilty of a crime punishable under Section 73-2-27 if the change or attemptedchange is made knowingly or intentionally; and
(c) is guilty of a separately punishable offense for each day of the unlawful change.
(10) (a) This section does not apply to the replacement of an existing well by a new welldrilled within a radius of 150 feet from the point of diversion of the existing well.
(b) Any replacement well must be drilled in accordance with the requirements of Section73-3-28.
Amended by Chapter 311, 2008 General Session