(1) A borrower may use water from a water bank for any use within the water bank's service area consistent with the objectives in Section 73-31-104 and the conditions, if any, of the underlying approved change application. (2) A borrower shall make use of a banked water right by submitting a delivery request to the water bank that complies with the water bank's requirements. (3) The state engineer administratively supervises delivery of water to a borrower. The state engineer may: (a) review an approved delivery request at any point in time to ensure the delivery request complies with a state engineer order approving water rights for use in the water bank, established distribution procedures based on priority, or both; and (b) restrict delivery of loaned water rights if the approved delivery request causes impairment to other water users. (4) A water bank shall keep a daily accounting of loaned water rights. (5) A water bank shall refer known illegal water use actions to the state engineer's enforcement program pursuant to Section 73-2-25. (6) A water bank is responsible for the payment of all distribution costs assessed for the delivery of a banked water right under Section 73-5-1.
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