A developer in Utah wants to purchase a parcel of undeveloped land and use a water source on the property for a new residential subdivision. The land has never had a water right associated with it. What must the developer do to legally use the water for the subdivision under Utah law?
Correct Answer
B) Apply to the Utah State Engineer for a new water right appropriation before using the water
Under Utah Code Ann. § 73-3-1 et seq., anyone wishing to appropriate new water rights in Utah must first file an application with the Utah State Engineer. The State Engineer reviews the application, considers available water supply, and determines whether the proposed use is for a beneficial purpose. No water may be legally diverted or used without a valid water right issued through this process. This is the foundational requirement of Utah's prior appropriation system.
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