Utah Code § 73-26-302

Construction contingent upon sale or lease of water -- Preconstruction may
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proceed if funded.
(1) Except as provided in Subsection (3), the division may not expend money for construction costs
on any phase of a project until:
(a) contracts have been made for the sale or lease of at least 70% of the water developed by that
phase; and
(b) all permits required by the environmental impact statement have been obtained.
(2) Construction of the project and implementation of the environmental mitigation plan shall
proceed concurrently.
(3) The division may make expenditures for preconstruction costs if money is expressly
appropriated or earmarked by statute for that purpose by the Legislature.

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