Utah Code
Utah Code § 73-3-17 (2026)
Certificate of appropriation -- Evidence
✓ current as of May 2026
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Upon the satisfaction of the state engineer that an appropriation, a permanent change of point of diversion, place or purpose of use, or a fixed time change authorized by Section 73-3-30 has been perfected in accordance with the application, and that the water appropriated or affected by the change has been put to a beneficial use, as required by Section 73-3-16 or 73-3-30, or demonstrated to be saved water, as defined in Section 73-3-3, the state engineer shall issue a certificate, in duplicate, setting forth:
the name and post-office address of the person by whom the water is used;
the quantity of water in acre-feet or the flow in second-feet appropriated and, if applicable, the quantity of saved water, as defined in Section 73-3-3;
the purpose for which the water is used;
the time during which the water is to be used each year;
the name of the stream or water source:
from which the water is diverted; or
within which an instream flow is maintained;
the date of the appropriation or change; and
other information that defines the extent and conditions of actual application of the water to a beneficial use.
A certificate issued on an application for one of the following types of projects need show no more than the facts shown in the proof submitted under Section 73-3-16:
a project constructed according to Chapter 10, Board of Water Resources - Division of Water Resources;
a federal project constructed by the United States Bureau of Reclamation, referred to in Section 73-3-16; and
a surface water storage facility in excess of 1,000 acre-feet constructed by a public water supplier.
A certificate issued under this section does not:
extend the rights described in the application; or
constitute a determination by the state engineer as to whether the perfected appropriation or change has or may result in interference, impairment, injury, or other harm to another water right.
Failure to file proof of appropriation or proof of change of the water on or before the date set for the filing causes the application to lapse.
One copy of a certificate issued under this section shall be filed in the office of the state engineer and the other copy shall be delivered to the appropriator or to the person making the change who may record the certificate in the office of the county recorder of the county in which the water is diverted from the natural stream or source.
The state engineer is not required to deliver a copy of a certificate issued under this section to a person other than the appropriator or the person making the change.
The certificate issued under this section is prima facie evidence of the owner's right to use the water in the quantity, for the purpose, at the place, and during the time specified in the certificate, subject to prior rights.
Notes of Decisions
Cited in 10
cases, 1983–2020 · leading case: Salt Lake City Corp. v. Haik, 2019 UT App 4 (Utah Ct. App. 2019).
Salt Lake City Corp. v. Haik, 2019 UT App 4 (Utah Ct. App. 2019). “apply the water to the use named in the application[ ] and perfect the proposed application.").”
Rocky Ford v. Kents Lake, 2020 UT 47 (Utah 2020). “Irrigation Changes and Rocky Ford’s Lawsuit Beginning in the 1970s, Beaver River water users began to gradually convert from flood irrigation to sprinkler systems—more efficient watering mechanisms that require less water and produce less return flows.”
Ellsworth v. Tuttle, 148 F. App'x 653 (10th Cir. 2005). “” Utah Code Ann. § 73-3-17 . Such a certificate constitutes the water user’s deed of title, good against the state and anyone else who cannot show a superior right.”
Rocky Ford v. Kents Lake, 2019 UT 31 (Utah 2019). “¶12 Beginning in the 1970s, users of the Beaver River began to gradually convert from flood irrigation to sprinkler systems.”
In Re Uintah Basin, 2006 UT 19 (Utah 2006). “The governing statute, Utah Code Ann. § 73-3-17 , affords the certificate of appropriation only the status of "prima facie evidence of the owner's right to the use of the water.”
Little v. Greene & Weed Inv., 839 P.2d 791 (Utah 1992). “§ 73-3-17; Mosby Irrigation Co. v. Criddle, 11 Utah 2d 41, 46 , 354 P.”
Little v. Greene & Weed Investments, 796 P.2d 718 (Utah Ct. App. 1990). “Even though Lester had previously completed the diversion facilities, applied the water to beneficial use, and filed the proof of appropriation, the water right could not be appurtenant to the land.”
Loosle v. First Fed. Sav. & Loan Ass'n of Logan, 858 P.2d 999 (Utah 1993). “Finally, if the state engineer is satisfied that the appropriation has been made in accordance with the application and the water has been put to beneficial use, the state engineer will issue a certificate of appropriation.”
Strawberry Water Users Ass'n v. Bureau of Reclamation, 133 P.3d 410 (Utah 2006). “The governing statute, Utah Code Ann. § 73-3-17 , affords the certificate of appropriation only the status of “prima facie evidence of the owner’s right to the use of the water.”
Swasey v. Rocky Point Ditch Co., 660 P.2d 224 (Utah 1983). “Proof of this appropriation as required by § 73-3-16 has not been made and consequently no certificate has been issued by the State Engineer as provided in § 73-3-17. The water diverted under these applications is identified as “new” water.”
— Utah Code § 73-3-17(1) — 1 case
Salt Lake City Corp. v. Haik, 2019 UT App 4 (Utah Ct. App. 2019). “apply the water to the use named in the application[ ] and perfect the proposed application.").”
— Utah Code § 73-3-17(4) — 1 case
Salt Lake City Corp. v. Haik, 2019 UT App 4 (Utah Ct. App. 2019). “apply the water to the use named in the application[ ] and perfect the proposed application.").”
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