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 […]
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 – Development of hydroelectric generating works — Electricity offered to public utilities or municipalities.
73-28-203. Development of hydroelectric generating works — Electricity offered to public utilities or municipalities. (1) The board may construct and own hydroelectric generating works and incidental electrical facilities in association with the project. (2) (a) Except for electricity needed for project operations, the board shall first offer to sell electricity derived from any hydroelectric generating […]
Section 301 – Entities eligible to receive developed water.
73-28-301. Entities eligible to receive developed water. (1) Except for developed water reserved for wildlife or public recreation, the board shall make the developed water available by contract exclusively to the districts listed in Subsection 73-28-103(5). (2) A district that purchases developed water may: (a) use the water directly; (b) exchange the water by following […]
Section 302 – Limits on amount of water available to any district — Exception.
73-28-302. Limits on amount of water available to any district — Exception. (1) Except as provided in Subsection (2), the total amount of developed water that the board may make available to any district is limited as follows: (a) The Kane Water Conservancy District may purchase no more than 10,000 acre-feet of developed water per […]
Section 401 – Analysis of benefits and costs — Allocation of costs.
73-28-401. Analysis of benefits and costs — Allocation of costs. (1) The board shall allocate project costs based on the economic costs and benefits of the developed water and electricity among the following water uses: (a) municipal and industrial; (b) electricity; (c) public recreation; and (d) fish and wildlife. (2) The state shall pay the […]
Section 402 – Agreement for delivery — Period for repayment of costs.
73-28-402. Agreement for delivery — Period for repayment of costs. (1) The board and each district shall establish by contract the timing and amount of developed water to be delivered to the district. (2) If a contract was made before the project’s completion, the district shall repay the preconstruction and construction costs within 50 years […]
Section 403 – Water and electricity charges.
73-28-403. Water and electricity charges. The board, in consultation with the committee, shall establish prices for the developed water sold to the districts and electricity sufficient to: (1) recover the reimbursable preconstruction costs, construction costs, and interest on those costs within the time period specified in Section 73-28-402; (2) pay for operation and maintenance costs; […]