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Show and analysis and interpretation by expert hydrologists. On the other hand, if this work is not done, the penalty may be over- development that may be very difficult to correct. 3. How should underground water rights be determined? There is no uniformity of opinion among water users as to what is guaranteed or implied by a " water right." Part of this variance can be traced to the present water code, which has no concise definition of " water right," and which may be interpreted in different ways in matters of determination of water rights. The following paragraphs summarize some of the problems vital to water users, arising from administration of ground- water rights under present Utah law. a. Beneficial use as the basis, measure, and limit of rights. Although Section 73- 1- 2 states that beneficial use shall be the basis of a water right, Section 73- 1- 12 indicates that the right can be lost by failure to record, presumably even if the water is being beneficially used. In several other places it appears that the record, rather than the actual use of water, is the determining factor. On the other hand, some individuals may obtain a very desirable priority date without actually using water: Section 73- 3- 12 permits extensions of time up to 50 years for actually putting water to beneficial use, while still retaining priority as of the date of the application. Such long intervals between date of priority and date of actual use, aside from their unfairness to others who may actually develop and use water in the meantime, may handicap the control of water resources for sustained yield. b. Preferential use. Although priority in beneficial use is stated to be the basis for a water right ( Section 73- 3- 1), several other sections tend to set aside this basis and give preference to certain types of use. By Section 73- 3- 8 the State Engineer may reject an application if it interferes with " more" beneficial use of the water. Section 73- 3- 21 limits the priority basis, " in times of scarcity" to those using water for the " same purpose," and gives - 14- |