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<br />~-1~~')"5 <br />,_, .) l..' ..1 U <br /> <br />DRAFT <br /> <br />Court. <br /> <br />Once. an application is approved, the applicant is given a specific <br /> <br />time within which to place the water to beneficial use and submit a <br /> <br />written proof of appropriation. An applicant may be granted additional <br /> <br />time fQr completing construction of the works and applying the water to <br /> <br />beneficial I.\se upon a showing of diligence or a reasonable cause for <br /> <br />delay. This statute allows the state engineer to grant up to SO years <br /> <br />to accomplish this work. The Utah Supreme Court has ruled that in order <br /> <br />for an applicant to be entitled to a further extension of time, he must <br /> <br />make a constant effort to accomplish his undertaking as is usual with <br /> <br />men engaged in a like enterprise who desire a speedy accomplishment of <br /> <br />their designs. <br /> <br />The question of due diligence has been one of great concern in the <br /> <br />state of Htah in recent years because an applicant with an approved <br /> <br />application who fails to place the water to beneficial use is tying up <br /> <br />the water supply and precluding the full and complete utilization of <br />I. <br /> <br />this limited resource by others. Therefore, in recent years the state <br /> <br />engineer"s office has r.equired applicants with relatively small projects <br /> <br />to complete construction of their works and place the water to beneficial <br /> <br />use within a period.~f a few years. If this iB not done, further <br /> <br />extensions of time are denied and the application is lapsed. This program <br /> <br />has resulted in clearing the state engineer's records of many applications <br /> <br />under which no development had taken place. However, as demands for <br /> <br />water increase in the future, it will undoubtedly become necessary to <br /> <br />adopt an even more riged policy on extension requests. Once the water is <br /> <br />placed to beneficial use, the applicant submits proof of his appropriation <br /> <br />and is issued a certificate of appropriation, which is recorded in the <br /> <br />County Recorder's Office. Thereafter, the only requirement is that there <br /> <br />16. <br /> <br />h <br />