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 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; […]