Utah § 73-3b-205 Issuance of recovery permit -- Criteria -- Conditions.

Utah Statutes

§ 73-3b-205 — Issuance of recovery permit -- Criteria -- Conditions.

Utah § 73-3b-205

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-205 (2026).

Text

The state engineer:

(1)shall issue the recovery permit if the state engineer determines that:

(1)(a) the proposed recovery of artificially recharged water will not impair any existing water right;

(1)(b) the applicant is the holder of an approved recharge permit or recovery permit, or if the applicant does not hold the recharge permit, has a valid agreement with the owner of the recharge permit to divert and use the recovered water; and

(1)(c) the recovery point of diversion is located within the area of hydrologic impact of the recharge project, as determined by the state engineer; and

(2)may attach to the permit any conditions the state engineer determines are appropriate.

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The state engineer:
(1) shall issue the recovery permit if the state engineer determines that:

(1)(a) the proposed recovery of artificially recharged water will not impair any existing water right;
(1)(b) the applicant is the holder of an approved recharge permit or recovery permit, or if the applicant does not hold the recharge permit, has a valid agreement with the owner of the recharge permit to divert and use the recovered water; and
(1)(c) the recovery point of diversion is located within the area of hydrologic impact of the recharge project, as determined by the state engineer; and
(2) may attach to the permit any conditions the state engineer determines are appropriate.