§ 73-3-10 — Approval or rejection of application.

(1) When the state engineer approves or rejects an application, the state engineer shall record the approval decision or rejection decision in the state engineer's office.
(2) On the same day on which the state engineer makes an approval decision or rejection decision described in Subsection (1), the state engineer shall mail, or send electronically if receipt is verifiable, the decision to the applicant.
(3) If an application is approved, the applicant may, upon receipt of the approval decision:

(3)(a) proceed with the construction of the necessary works;
(3)(b) take any steps required to apply the water to the use described in the application; and
(3)(c) perfect the proposed application.
(4) If the application is rejected, the applicant may not take steps toward the prosecution of:

(4)(a) the work proposed in the application; or
(4)(b) the proposed diversion and use of the public water in the application.
(5) In a decision approving an application, other than an application for a fixed time period, the state engineer shall state the time within which:

(5)(a) the construction work must be completed; and
(5)(b) the water must be applied to beneficial use.

Legislative History

Amended by Chapter 81, 2021 General Session