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 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 […]
Section 207 – Fences across public water.
73-29-207. Fences across public water. (1) The owner of a public access area adjacent to and lying beneath a public water may place a fence or obstruction across a public water for agricultural, livestock, or other lawful purposes. (2) A fence or other obstruction shall: (a) comply with an applicable federal, state, or local law; […]
Section 208 – Severability.
73-29-208. Severability. If any of this chapter’s provisions, or the application of any of this chapter’s provisions, is held to be unconstitutional, the provision is severable and this chapter’s other provisions and applications remain effective. Enacted by Chapter 410, 2010 General Session
Section 103 – Declarations.
73-29-103. Declarations. The Legislature declares: (1) the Utah Constitution’s specific private property protections, including recognition of the inalienable right to acquire, possess, and protect property and the prohibition on taking or damaging private property for public use without just compensation, protect against government’s broad recognition or grant of a public recreation easement to access or […]
Section 201 – General access provisions.
73-29-201. General access provisions. (1) The public may use a public water for recreational activity if: (a) the public water: (i) is a navigable water; or (ii) is on public property; and (b) the recreational activity is not otherwise prohibited by law. (2) A person may access and use a public water on private property […]