Utah Code § 73-3d-301

Preferences between persons using water
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(1) Notwithstanding Section 73-3-21.1, if the governor issues an executive order declaring a
temporary water shortage emergency under this chapter:
(a) use of water is preferred over other water use during the time period of the temporary water
shortage emergency under the executive order if the water is used in accordance with the
executive order:
(i) for one or more of the following purposes, with preference exercised in the order listed:
(A) drinking;
(B) sanitation;
(C) fire suppression;
(D) commercial agriculture animal welfare needs; or
(E) generation of electricity; and
(ii) by one of the following:
(A) a public water supplier, as defined in Section 73-1-4;
(B) a military facility that was in operation on March 10, 2011;
(C) a commercial agriculture operation for purposes described in Subsection (1)(a)(i)(D); or
(D) an electric utility; and

(b) use of water for agricultural purposes, including irrigation, livestock watering, or food
processing, is preferred over other rights, except as provided in Subsection (1)(a).
(2) A preference for fire suppression under Subsection (1) is in addition to the governor's
authorization to use water sources as necessary for fire suppression under Subsection
53-2a-204(1)(o).
(3) The state engineer shall determine, consistent with the executive order declaring a temporary
water shortage emergency, through a priority schedule, which water rights a person specified in
the executive order as required by Subsection 73-3d-201(1)(c)(iv) may interrupt for purposes of
this section.
(4)
(a) A person entitled to make a request who uses water preferentially during a temporary water
shortage emergency shall measure the water taken preferentially during the temporary water
shortage emergency.
(b) A duty to measure under this Subsection (4) does not replace or modify any other duty to
measure water under this title or rules made under this title.

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