Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 42 (2024GS)

Sponsor

Rep. Briscoe, J.

Final action

Governor Signed 3/12/2024

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• permits the state engineer to confirm publication of a notice of application through electronic means; and
• makes technical changes.

Every vote on this bill

Bill text

WATER RIGHTS PUBLICATION AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Joel K. Briscoe
Senate Sponsor: 
 Michael K. McKell
LONG TITLE
Committee Note:
The Legislative Water Development Commission recommended this bill.
Membership: 13 legislators 11 non-legislators
Total Vote: 10 voting for 0 voting against 3 absent
Legislative Vote: 10 voting for 0 voting against 3 absent
General Description:
This bill addresses publication of notices by the state engineer.
Highlighted Provisions:
This bill:
▸ permits the state engineer to confirm publication of a notice of application through
electronic means; and
▸ makes technical changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
73-3-6
, as last amended by Laws of Utah 2015, Chapter 285
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
73-3-6
 is amended to read:
73-3-6.
Publication of notice of application -- Corrections or amendments of
applications -- Confirmation -- Withdrawal of application.
(1) (a) When an application is filed in compliance with this title, the state engineer
shall publish a notice of the application:
(i) once a week for a period of two successive weeks in a newspaper of general
circulation in the county in which the source of supply is located, and where the water is to be
used; and
(ii) in accordance within Section 
45-1-101
 for two weeks.
(b) The notice shall:
(i) state that an application has been made; and
(ii) specify where the interested party may obtain additional information relating to the
application.
(c) Clerical errors, ambiguities, and mistakes that do not prejudice the rights of others
may be corrected by order of the state engineer either before or after the publication of notice.
(d) The state engineer may confirm publication of a notice of application under this
Subsection (1) through electronic means.
(2) After publication of notice to water users, the state engineer may authorize
amendments or corrections that involve a change of point of diversion, place, or purpose of use
of water, only after republication of notice to water users.
(3) (a) An applicant or an applicant's successor in interest may withdraw an
unperfected application by notifying, in writing, the state engineer of the withdrawal.
(b) Upon receipt of the notice described in Subsection (3)(a), the state engineer shall
promptly update state engineer records to reflect that the application has been withdrawn and is
of no further force or effect.
(c) An individual who withdraws an unperfected application under Subsection (3)(a) is
not entitled to a refund of fees.
Section 2. 
Effective date.
This bill takes effect on May 1, 2024.