Utah Code
Utah Code § 73-5-4 (2026)
Controlling works and measuring devices
✓ current as of May 2026
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To assist the state engineer or water commissioner in the regulation, distribution, and measurement of water, a person using water in this state, except as provided by Subsection (4), shall construct or install and maintain controlling works and a measuring device at:
each location where water is diverted from a source; and
any other location required by the state engineer.
A person using water in this state shall make the controlling works and measuring device accessible to the state engineer or water commissioner.
The state engineer shall approve the design of:
the measuring device; and
controlling works so that the state engineer or a water commissioner may regulate and lock the works.
A person using water as an instream flow:
shall install and maintain a measuring device or stream gauging station in the section of the stream within which the instream flow is maintained; and
is not required to install controlling works unless the state engineer's order approving the application requires the installation because controlling works are necessary to achieve the purpose of the application.
An owner or manager of a reservoir shall construct and maintain a measuring device as directed by the state engineer to measure the inflow, storage content, and outflow from the reservoir.
The state engineer shall approve the design and location of the measuring device.
The owner or manager of a reservoir shall make the measuring device accessible to the state engineer or water commissioner.
If a water user refuses or neglects to construct or install the controlling works or measuring device after 30 days' notice to do so by the state engineer, the state engineer may:
forbid the use of water until the user complies with the state engineer's requirement; and
commence enforcement proceedings authorized by Section 73-2-25.
Notes of Decisions
Cited in 2
cases, 2019–2020 · leading case: Rocky Ford v. Kents Lake, 2020 UT 47 (Utah 2020).
Rocky Ford v. Kents Lake, 2020 UT 47 (Utah 2020). “” Kents Lake does not dispute that the Beaver River Decree and Utah Code section 73-5-4 require installation of “measuring devices at or near as possible to their respective points of diversion.”
Rocky Ford v. Kents Lake, 2019 UT 31 (Utah 2019). “” ¶54 Kents Lake does not dispute that the Beaver River Decree and Utah Code section 73-5-4 require installation of “measuring devices at or near as possible to their respective points of diversion.”
Utah Code § 73-5-4(1): 2 cases
Rocky Ford v. Kents Lake, 2020 UT 47 (Utah 2020). “” Kents Lake does not dispute that the Beaver River Decree and Utah Code section 73-5-4 require installation of “measuring devices at or near as possible to their respective points of diversion.”
Rocky Ford v. Kents Lake, 2019 UT 31 (Utah 2019). “” ¶54 Kents Lake does not dispute that the Beaver River Decree and Utah Code section 73-5-4 require installation of “measuring devices at or near as possible to their respective points of diversion.”
Utah Code § 73-5-4(1)(a): 1 case
Rocky Ford v. Kents Lake, 2020 UT 47 (Utah 2020). “” Kents Lake does not dispute that the Beaver River Decree and Utah Code section 73-5-4 require installation of “measuring devices at or near as possible to their respective points of diversion.”
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