73-3c-302 - Application to the state engineer.
73-3c-302. Application to the state engineer.
(1) A public agency proposing water reuse shall apply to the state engineer.
(2) An application for water reuse under Subsection (1) shall be made upon formsfurnished by the state engineer and shall include:
(a) the name of the applicant;
(b) a description of the underlying water right;
(c) an evaluation of the underlying water right's diversion, depletion, and return flowrequirements;
(d) the estimated quantity of water to be reused;
(e) the location of the POTW;
(f) the place, purpose, and extent of the proposed water reuse;
(g) an evaluation of depletion from the hydrologic system caused by the water reuse; and
(h) any other information consistent with this chapter that is requested by the stateengineer.
(3) An application under Subsection (1) shall include a copy of a reuse authorizationcontract for water reuse proposed by a public agency for any underlying water right not owned bythe public agency.
(4) In considering an application for water reuse, the state engineer shall comply with:
(a) Section 73-3-6;
(b) Section 73-3-7;
(c) Section 73-3-10; and
(d) Section 73-3-14.
(5) In determining whether a proposed water reuse is consistent with the underlyingwater right, the state engineer shall conclude that a proposed water reuse is consistent with theunderlying water right if:
(a) the use of the reuse water does not enlarge the underlying water right; and
(b) any return flow requirement of the underlying water right is satisfied.
(6) (a) The state engineer shall approve a water reuse application if the state engineerconcludes that the proposed water reuse is consistent with the underlying water right.
(b) The state engineer may:
(i) deny an application for water reuse if the proposed water reuse is inconsistent with theunderlying water right; or
(ii) approve the application in part or with conditions to assure consistency with theunderlying water right.
(7) A public agency with an approved reuse application shall submit a report, as directedby the state engineer, concerning the ongoing water reuse operation.
(8) The state engineer may make rules in accordance with Title 63G, Chapter 3, UtahAdministrative Rulemaking Act, to implement the provisions of this chapter.
Amended by Chapter 382, 2008 General Session