Utah Code » Title 73, Chapter 3 — Appropriation
Utah Code

Utah Code § 73-3-6 (2026)

Publication of notice of application -- Corrections or amendments of applications -- Confirmation -- Withdrawal of application

✓ current as of May 2026
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When an application is filed in compliance with this title, the state engineer shall publish a notice of the application:
once a week for a period of two successive weeks in a newspaper of general circulation in the county in which the source of supply is located, and where the water is to be used; and
in accordance within Section 45-1-101 for two weeks.
The notice shall:
state that an application has been made; and
specify where the interested party may obtain additional information relating to the application.
Clerical errors, ambiguities, and mistakes that do not prejudice the rights of others may be corrected by order of the state engineer either before or after the publication of notice.
The state engineer may confirm publication of a notice of application under this Subsection (1) through electronic means.
After publication of notice to water users, the state engineer may authorize amendments or corrections that involve a change of point of diversion, place, or purpose of use of water, only after republication of notice to water users.
An applicant or an applicant's successor in interest may withdraw an unperfected application by notifying, in writing, the state engineer of the withdrawal.
Upon receipt of the notice described in Subsection (3)(a), the state engineer shall promptly update state engineer records to reflect that the application has been withdrawn and is of no further force or effect.
An individual who withdraws an unperfected application under Subsection (3)(a) is not entitled to a refund of fees.
Notes of Decisions
Cited in 7 cases (1 in the last 5 years), 1989–2025 · leading case: W. Water, LLC v. Olds, 2008 UT 18 (Utah 2008).
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W. Water, LLC v. Olds, 2008 UT 18 (Utah 2008). · cites it 3× “See Utah Code Ann. § 73-3-6 (providing that mistakes that do not prejudice the rights of others "may be corrected by order of the State Engineer" (emphasis added)); Utah Admin.”
Bonham v. Morgan, 788 P.2d 497 (Utah 1989). · cites it 2× “They now appear in Utah Code Ann. § 73-3-6 (1980).”
Searle v. Milburn Irrigation Co., 2006 UT 16 (Utah 2006). · cites it 2× “The change application was advertised as required by Utah Code section 73-3-6 (Supp. 2004), and Appellee Milburn Irrigation Company (“Milburn”) timely protested the Searles’ application.”
Prisbrey v. Bloomington Water Co., 2003 UT 56 (Utah 2003). · cites it 2× “T3 As required by section 73-3-6 of the Utah Code, the state engineer published notice of the Bloomington change application in The Spectrum, a newspaper of general cireu-lation in Washington County, on April 26, 1999, and again on May 6, 1999.”
Ellsworth v. Tuttle, 148 F. App'x 653 (10th Cir. 2005). “Utah Code Ann. §§ 73-3-6 , 73-3-7, 73-3-14.”
Utah Alunite Corp. v. Jones, 2016 UT App 11 (Utah Ct. App. 2016). “*903 § 73-3-6(1)(a) (LexisNexis Supp. 2015). 1 Approximately 300 protestants filed petitions objecting to the Water District's application; BITLA-a substantial landowner in the valley from which the water was to be appropriated-did not.”
Water Horse v. Wilhelmsen, 2025 UT 43 (Utah 2025). “WILHELMSEN Opinion of the Court ¶19 The state engineer published the application pursuant to Utah Code subsections 73-3-6(1) and 73-3a-107(1) and subsequently received two letters of support and numerous protests opposing Water Horse’s application.”
— Utah Code § 73-3-6(1) — 1 case
Water Horse v. Wilhelmsen, 2025 UT 43 (Utah 2025). “WILHELMSEN Opinion of the Court ¶19 The state engineer published the application pursuant to Utah Code subsections 73-3-6(1) and 73-3a-107(1) and subsequently received two letters of support and numerous protests opposing Water Horse’s application.”
— Utah Code § 73-3-6(1)(a) — 2 cases
W. Water, LLC v. Olds, 2008 UT 18 (Utah 2008). “See Utah Code Ann. § 73-3-6 (providing that mistakes that do not prejudice the rights of others "may be corrected by order of the State Engineer" (emphasis added)); Utah Admin.”
Utah Alunite Corp. v. Jones, 2016 UT App 11 (Utah Ct. App. 2016). “*903 § 73-3-6(1)(a) (LexisNexis Supp. 2015). 1 Approximately 300 protestants filed petitions objecting to the Water District's application; BITLA-a substantial landowner in the valley from which the water was to be appropriated-did not.”
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