§ 73-31-502 — Delivery request for loaned water rights in water bank.

(1) A borrower may use water from a water bank for any use within the water bank's service area consistent with the objectives in Section 73-31-104 and the conditions, if any, of the underlying approved change application.
(2) A borrower shall make use of a banked water right by submitting a delivery request to the water bank that complies with the water bank's requirements.
(3) The state engineer administratively supervises delivery of water to a borrower. The state engineer may:

(3)(a) review an approved delivery request at any point in time to ensure the delivery request complies with a state engineer order approving water rights for use in the water bank, established distribution procedures based on priority, or both; and
(3)(b) restrict delivery of loaned water rights if the approved delivery request causes impairment to other water users.
(4) A water bank shall keep a daily accounting of loaned water rights.
(5) A water bank shall refer known illegal water use actions to the state engineer's enforcement program pursuant to Section 73-2-25.
(6) A water bank is responsible for the payment of all distribution costs assessed for the delivery of a banked water right under Section 73-5-1.

Legislative History

Enacted by Chapter 342, 2020 General Session