Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 46 (2025GS)

Sponsor

Rep. Owens, Doug

Final action

Governor Signed 3/12/2025

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• addresses time frames related to reinstatement of a lapsed application; and
• makes technical changes.

Every vote on this bill

Bill text

3
73-3-18
73-3-18
Water Rights Applications Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Doug Owens
Senate Sponsor: Evan J. Vickers
LONG TITLE
General Description:
This bill addresses applications before the state engineer.
Highlighted Provisions:
This bill:
addresses time frames related to reinstatement of a lapsed application; and
makes technical changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
73-3-18
, as last amended by Laws of Utah 2021, Chapter 81
Be it enacted by the Legislature of the state of Utah:
Section 1, Section 
73-3-18
 is amended to read:
73-3-18. Lapse of application -- Notice -- Reinstatement -- Priorities -- 
Assignment of application -- Filing and recording -- Constructive notice -- Effect of 
failure to record.
(1)
If an application lapses for failure of the applicant to comply with a provision of this 
title or an order of the state engineer, the state engineer shall promptly give notice of the 
lapse to the applicant by regular mail, or send notice electronically if receipt is verifiable.
(2)
Within 60 days after notice of a lapse described in Subsection 
(1)
, the 
(a)
The 
state engineer may, upon a showing of reasonable cause, reinstate 
the 
application with
a lapsed application if, no later than 60 days after the state engineer 
mails or sends electronically the notice of lapse described in Subsection (1), the 
applicant files:
(i)
a request to reinstate the application using a reinstatement form provided by the 
state engineer; and
(ii)
a request for an extension of time under Section 
73-3-12
.
(b)
Except as provided in Subsection 
(2)(c)
, the state engineer shall change
 the date of 
priority 
changed
of a reinstated application
 to the date 
of
the request for
reinstatement
 was filed
.
(3)
(c)
The original priority date of a lapsed application may not be reinstated, except 
upon a showing of 
fraud or 
mistake of the state engineer
 or fraud
.
(4)
(3)
Except as provided in Section 
73-3-5.6
, Section 
73-3-12
, Section 
73-3-20
, or 
Subsection 
(2)
, the priority of an application is determined by the day on which the state 
engineer's office receives the written application.
(5)
(4)
Before the state engineer issues a certificate of appropriation, a right claimed under 
an application for the appropriation of water may be assigned by a written instrument, 
including by use of a form provided by the state engineer's office.
(6)
(5)
(a)
An instrument assigning a right described in Subsection 
(5)
(4)
 shall be 
recorded in the office of the applicable county recorder to provide notice of the 
instrument's contents.
(b)
Beginning July 1, 2017, the state engineer shall consider an assignment using the 
state engineer's form described in Subsection 
(5)
(4)
 that is recorded and forwarded 
to the state engineer as a submitted report of water right conveyance for purposes of 
fulfilling Subsection 
73-1-10(3)(a)
.
(7)
(6)
An instrument described in Subsection 
(5)
(4)
 that is not recorded as described in 
Subsection 
(6)
(5)
 is void against any subsequent assignee in good faith and for 
valuable consideration of the same application or any portion of the same application, if 
the subsequent assignee's own assignment is recorded as described in Subsection 
(6)
(5)
first.
Section 2. 
Effective date.
This bill takes effect on 
May 7, 2025
.
2-19-25 3:15 PM