(1) As used in this section: (a) "Acquire" means to gain the right to use water through obtaining: (i) an approved application to appropriate water; or (ii) a perfected water right. (b) "Allotment" means a designated area of public land available for livestock grazing. (c) "Animal unit month (AUM)" is the amount of forage needed to sustain one cow and her calf, one horse, or five sheep and goats for one month. (d) (i) "Beneficial user" means the person that has the right to use the grazing permit. (ii) "Beneficial user" does not mean the public land agency issuing the grazing permit. (e) "Grazing permit" means a document authorizing livestock to graze on an allotment. (f) "Livestock" means a domestic animal raised or kept for profit or personal use. (g) "Livestock watering right" means a right for: (i) livestock to consume water: (A) directly from the water source located on public land; or (B) from an impoundment located on public land into which the water is diverted; and (ii) associated uses of water related to the raising and care of livestock on public land. (h) (i) "Public land" means land owned or managed by the United States or the state. (ii) "Public land" does not mean land owned by: (A) the Division of Wildlife Resources; (B) the School and Institutional Trust Lands Administration; (C) the Division of State Parks; or (D) the Division of Forestry, Fire, and State Lands. (i) "Public land agency" means the agency that owns or manages the public land. (j) "Public Water Reserve No. 107" means a claim for water under Public Water Reserve No. 107, Exec. Order of April 17, 1926. (2) A public land agency may not: (a) condition the issuance, renewal, amendment, or extension of any permit, approval, license, allotment, easement, right-of-way, or other land use occupancy agreement regarding livestock on the transfer of any water right directly to the public land agency; (b) require any water user to apply for, or acquire a water right in the name of the public land agency as a condition for the issuance, renewal, amendment, or extension of any permit, approval, license, allotment, easement, right-of-way, or other land use occupancy agreement regarding livestock; or (c) acquire a livestock watering right if the public land agency is not a beneficial user. (3) The state engineer may not approve a change application under Section 73-3-3 for a livestock watering right or Public Water Reserve No. 107 claim without the written consent of the beneficial user. (4) A beneficial user may file a nonuse application under Section 73-1-4 on a livestock watering right or a portion of a livestock watering right that the beneficial user puts to beneficial use. (5) A livestock watering right or Public Water Reserve No. 107 claim is appurtenant to the allotment on which the livestock is watered. (6) A beneficial user may access or improve an allotment as necessary for the beneficial user to beneficially use, develop, and maintain the water right appurtenant to the allotment. (7) If a federal land management agency reduces livestock grazing animal unit month (AUMs) on federal grazing allotments, and the reduction results in the potential, partial forfeiture of an appropriated water right: (a) a beneficial user may file a nonuse application under Section 73-1-4 for the amount of water in question for nonuse as a livestock water right consistent with this section and other state law; (b) the state engineer shall approve a nonuse application filed under this Subsection (7); and (c) the amount of water in question for nonuse as a livestock water right may not be used for a purpose other than watering livestock. (8) Except under Subsection (9), nothing in this section affects a livestock watering right held by a public land agency on May 13, 2014. (9) (a) To recognize a Public Water Reserve No. 107 claim for a spring or water hole on public land owned or managed by a federal public land agency, the state engineer shall: (i) require that the public land agency: (A) file a statement of claim pursuant to Section 73-4-5 with the state engineer; (B) file the statement of claim described in Subsection (9)(a)(i)(A) with the written consent of the beneficial user of the Public Water Reserve No. 107 claim; and (C) establish the extent to which, as of April 17, 1926, the Public Water Reserve No. 107 use supported the beneficial use of livestock watering and human consumption by grazing permittees, including the quantity of water required to fulfill the purpose of the claim; (ii) determine whether the spring or water hole claimed under Public Water Reserve No. 107: (A) is an important spring or a water hole that provides enough water for general use for livestock watering purposes; (B) affords more than enough water for the use of one family and the family's domestic animals; (C) is accessible to livestock and satisfies the need for livestock watering and human consumption by grazing permittees; (D) existed on April 17, 1926; and (E) is formed naturally and not due to artificial development or human-made structures; and (iii) determine whether the purposes described in this Subsection (9) would be frustrated without the water. (b) The state engineer may not recognize more than one Public Water Reserve No. 107 claim within a 40-acre parcel or a Public Water Reserve No. 107 claim that is closer than 1/4 mile from another Public Water Reserve No. 107 claim. (c) The state engineer may not recognize a Public Water Reserve No. 107 claim that has as its beneficial use the watering of wildlife, as defined in Section 23A-1-101. (d) A Public Water Reserve No. 107 claim may not impair a water right that existed before April 17, 1926.
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