73-3-31 - Water right for watering livestock on public land.
73-3-31. Water right for watering livestock on public land.
(1) As used in this section:
(a) "Acquire" means to gain the right to use water through obtaining:
(i) an approved application to appropriate water; or
(ii) a perfected water right.
(b) "Allotment" means a designated area of public land available for livestock grazing.
(c) (i) "Beneficial user" means the person that has the right to use the grazing permit.
(ii) "Beneficial user" does not mean the public land agency issuing the grazing permit.
(d) "Grazing permit" means a document authorizing livestock to graze on an allotment.
(e) "Livestock" means a domestic animal raised or kept for profit or personal use.
(f) "Livestock watering right" means a right for:
(i) livestock to consume water:
(A) directly from the water source located on public land; or
(B) from an impoundment located on public land into which the water is diverted; and
(ii) associated uses of water related to the raising and care of livestock on public land.
(g) (i) "Public land" means land owned or managed by the United States or the state.
(ii) "Public land" does not mean land owned by:
(A) the Division of Wildlife Resources;
(B) the School and Institutional Trust Lands Administration; or
(C) the Division of Parks and Recreation.
(h) "Public land agency" means the agency that owns or manages the public land.
(2) On or after May 12, 2009, a livestock watering right may only be acquired by a publicland agency jointly with a beneficial user.
(3) The state engineer may not approve a change application under Section 73-3-3 for alivestock watering right without the consent of the beneficial user.
(4) A beneficial user may file a nonuse application under Section 73-1-4 on a livestockwatering right or a portion of a livestock watering right that the beneficial user puts to beneficialuse.
(5) A livestock watering right is appurtenant to the allotment on which the livestock iswatered.
(6) (a) (i) A beneficial user or a public land agency may file a request with the stateengineer for a livestock water use certificate.
(ii) The state engineer shall:
(A) provide the livestock water use certificate application form on the Internet; and
(B) allow electronic submission of the livestock water use certificate application.
(b) The state engineer shall grant a livestock water use certificate to:
(i) a beneficial user if the beneficial user:
(A) demonstrates that the beneficial user has a right to use a grazing permit for theallotment to which the livestock watering right is appurtenant; and
(B) pays the fee set in accordance with Section 73-2-14; and
(ii) the public land agency if the public land agency:
(A) (I) demonstrates that the public land agency owns a livestock watering right; or
(II) issues a grazing permit for the allotment to which the livestock watering right isappurtenant; and
(B) pays the fee set in accordance with Section 73-2-14.
(c) A livestock water use certificate is valid as long as the livestock watering right is:
(i) put to beneficial use within a seven-year time period; or
(ii) subject to a nonuse application approved under Section 73-1-4.
Amended by Chapter 285, 2009 General Session