73-3-5 - Action by engineer on applications.
73-3-5. Action by engineer on applications.
(1) On receipt of each application containing the information required by Section 73-3-2,and payment of the filing fee, it shall be the duty of the state engineer to make an endorsementthereon of the date of its receipt, and to make a record of such receipt for that purpose.
(2) It shall be the duty of the state engineer to examine the application and determinewhether any corrections, amendments or changes are required for clarity and if so, see that suchchanges are made before further processing.
(3) All applications which shall comply with the provisions of this chapter and with theregulations of the state engineer shall be filed and recorded.
(4) The state engineer may issue a temporary receipt to drill a well at any time after thefiling of an application to appropriate water therefrom, as provided by this section if all fees beadvanced and if in his judgment there is unappropriated water available in the proposed sourceand there is no likelihood of impairment of existing rights; provided, however, that the issuance ofsuch temporary permits shall not dispense with the publishing of notice and the final approval orrejection of such application by the state engineer, as provided by this chapter.
(5) The state engineer may send the necessary notices and address all correspondencerelating to each application to the owner thereof as shown by the state engineer's records, or to hisattorney in fact provided a written power of attorney is filed in the state engineer's office.
Amended by Chapter 136, 2001 General Session