Utah § 73-3b-202 Issuance of recharge permit -- Criteria -- Conditions.

Utah Statutes

§ 73-3b-202 — Issuance of recharge permit -- Criteria -- Conditions.

Utah § 73-3b-202

Title 73Water and Irrigation

Ch. 73-3bGroundwater Recharge and Recovery Act

Part 73-3b-2Recharge and Recovery Permits

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Bluebook

Utah Code Ann. § 73-3b-202 (2026).

Text

The state engineer:

(1)shall issue a recharge permit if:

(1)(a) the applicant has:

(1)(a)(i) the technical and financial capability to construct and operate the recharge project; and

(1)(a)(ii) (1)(a)(ii)(A) a valid water right for the use of the water proposed to be artificially recharged; or

(1)(a)(ii)(B) an agreement to use the water proposed to be artificially recharged with a person who has a valid water right for the use of the water proposed to be artificially recharged; and

(1)(b) the project:

(1)(b)(i) is hydrologically feasible;

(1)(b)(ii) will not cause unreasonable harm to land;

(1)(b)(iii) will not impair any existing water right within the area of hydrologic impact; and

(1)(b)(iv) will not adversely affect the water quality of the aquifer;

(2)shall condition any approval o

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The state engineer:
(1) shall issue a recharge permit if:

(1)(a) the applicant has:
(1)(a)(i) the technical and financial capability to construct and operate the recharge project; and
(1)(a)(ii) (1)(a)(ii)(A) a valid water right for the use of the water proposed to be artificially recharged; or
(1)(a)(ii)(B) an agreement to use the water proposed to be artificially recharged with a person who has a valid water right for the use of the water proposed to be artificially recharged; and
(1)(b) the project:
(1)(b)(i) is hydrologically feasible;
(1)(b)(ii) will not cause unreasonable harm to land;
(1)(b)(iii) will not impair any existing water right within the area of hydrologic impact; and
(1)(b)(iv) will not adversely affect the water quality of the aquifer;
(2) shall condition any approval on acquiring the applicable water quality permits prior to construction and operation of the recharge project; and
(3) may attach to the permit any condition the state engineer determines is appropriate.