Section 103 – Notice — Website.
Affected by 63I-1-273 on 12/31/2030 Effective 5/12/2020 73-31-103. Notice — Website. (1) A notice required under this chapter shall be posted in accordance with Subsection 73-3-6(1) and to a water bank’s website, unless otherwise specified. (2) The board may create and oversee a website for the purpose of making water banking information available to the […]
Section 104 – Objectives of water banks.
Affected by 63I-1-273 on 12/31/2030 Effective 5/12/2020 73-31-104. Objectives of water banks. The objectives in creating a water bank are to: (1) promote: (a) the optimal use of the public’s water; (b) transparency and access to water markets; (c) temporary, flexible, and low cost water transactions between water users; and (d) Utah’s agricultural economy by […]
Section 105 – Scope.
Affected by 63I-1-273 on 12/31/2030 Effective 5/12/2020 73-31-105. Scope. Nothing in this chapter prevents a person from entering into an agreement regarding the use of a water right that differs from the requirements of this chapter, except that only a water bank approved under this chapter may avail itself of the statutory provisions that apply […]
Section 106 – Board assistance.
Affected by 63I-1-273 on 12/31/2030 Effective 5/12/2020 73-31-106. Board assistance. The board may direct the Division of Water Resources to assist the board in fulfilling the board’s responsibilities under this chapter. Enacted by Chapter 342, 2020 General Session
Section 107 – Fees.
Affected by 63I-1-273 on 12/31/2030 Effective 5/12/2020 73-31-107. Fees. (1) The board may charge fees, set pursuant to Section 63J-1-504, to cover the costs of processing and administering: (a) a statutory water bank application; or (b) a contract water bank application. (2) The board shall charge a uniform fee for a statutory water bank application […]
Section 202 – Public right to float on public waters.
73-29-202. Public right to float on public waters. (1) There is a public right to float on public water that has sufficient width, depth, and flow to allow free passage of the chosen vessel at the time of floating. (2) Subsection (1) includes the right to: (a) incidentally touch private property as required for safe […]
Section 203 – Establishment of public recreational access.
73-29-203. Establishment of public recreational access. (1) Public recreational access is established if: (a) the private property has been used by the public for recreational access requiring the use of the public water for a period of at least 10 consecutive years that begins after September 22, 1982; and (b) the public use has been: […]
Section 204 – Quiet title action.
73-29-204. Quiet title action. (1) (a) A person, including the division, may file a quiet title action in accordance with Title 78B, Chapter 6, Part 13, Quiet Title, to obtain a judicial declaration of the existence of a right to public recreational access under Section 73-29-203. (b) The division may intervene in a quiet title […]
Section 205 – Injunctive relief.
73-29-205. Injunctive relief. (1) The owner of private property may obtain injunctive relief against a person who, without permission, enters, remains, or persists in an effort to enter or remain on the owner’s property for recreational use of public water other than use in accordance with Sections 73-29-202 and 73-29-203, when effective. (2) An injunction […]
Section 206 – Effect of chapter on other uses and restrictions — Required acts.
73-29-206. Effect of chapter on other uses and restrictions — Required acts. (1) Nothing in this chapter affects the right of the public to use public water for public recreational access, including the touching of the bed beneath the public water if: (a) the bed beneath the public water is public property; or (b) the […]