S.B. 101: Division of Water Rights Revisions





  73-3-20 73-5-13    

Effective Date:  May 14, 2013

            This bill clarifies the procedures following both approval or rejection of a water rights application.  If the application is approved, the applicant may begin work to divert or appropriate the water, and may continue to perfect the right.  If an application is rejected, the applicant may not proceed with any work to appropriate the water.  The state engineer’s office is directed to inform the applicant of any deadlines required as part of the approval. 

            Priority of competing applications is determined by the date each application is received.  A claimed water right may be transferred while an application is pending, as long as the transfer is in writing, and is filed with the state engineer.  A transfer that is not filed is void. The bill also adopts language governing how an application may be corrected. 

See also H.B. 166 and S.B. 30

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