2015 Legislative Preview: Withdrawal of Applications

Senator Margaret Dayton has introduced Senate Bill 40 (SB 40), entitled "Water Law - Application Withdrawal." This bill seeks to amend Utah Code section 73-3-6 to allow for the withdrawal of water right applications, including applications to appropriate and change applications.  Although the Division of Water Rights has historically allowed for applications to be withdrawn, this bill would provide specific statutory authorization and explanation for withdrawals.  The bill provides that an applicant or an applicant’s successor-in-interest may withdraw an unperfected application (even if already approved) by filing a written withdrawal request with the Division.  Upon receipt of the withdrawal request, the Division must promptly update its records to show that the application has been withdrawn and is of no further force or effect.  An applicant who withdraws an application is not entitled to a refund of the application filing fees.

To read the full text of the bill as introduced, click here.