First Substitute H.B. 48

Senator Margaret Dayton proposes the following substitute bill:

1 DEPARTMENT OF NATURAL RESOURCES
2 AMENDMENTS
3 2007 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: Richard W. Wheeler
6 Senate Sponsor: Darin G. Peterson
7
8 LONG TITLE
9 General Description:
10 This bill makes changes to provisions governing the Department of Natural Resources.
11 Highlighted Provisions:
12 This bill:
13 . clarifies the definition of a trophy animal in the Wildlife Resources Code;
14 . allows a nonresident peace officer employed by the state to obtain a resident license
15 to fish and hunt;
16 . invalidates any wildlife permit or tag obtained by fraud;
17 . amends the penalties for license or permit suspensions;
18 . allows the Wildlife Board to authorize locations where a person may donate
19 protected wildlife;
20 . changes the definition of an all-terrain type I vehicle;
21 . extends the statute of limitations for wildland fire cost recovery;
22 . updates the terminology regarding fires caused by locomotive engines;
23 . directs state agencies and political subdivisions to pursue opportunities to open
24 public land for responsible off-highway vehicle use;
25 . changes the requirement for the application to extend the amount of time a person

26 has to put water to a beneficial use;
27 . allows the state engineer to send notice by regular mail;
28 . allows the state engineer to employ a deputy;
29 . clarifies the requirement for water users to install measuring devices; and
30 . makes technical changes.
31 Monies Appropriated in this Bill:
32 None
33 Other Special Clauses:
34 None
35 Utah Code Sections Affected:
36 AMENDS:
37 23-13-2, as last amended by Chapter 66, Laws of Utah 2004
38 23-19-4, as last amended by Chapter 126, Laws of Utah 1983
39 23-19-5, as last amended by Chapter 76, Laws of Utah 1986
40 23-19-9, as repealed and reenacted by Chapter 224, Laws of Utah 2001
41 23-20-9, as repealed and reenacted by Chapter 178, Laws of Utah 1993
42 41-22-2, as last amended by Chapter 2, Laws of Utah 2005
43 41-22-12, as last amended by Chapter 37, Laws of Utah 1999
44 56-1-15, Utah Code Annotated 1953
45 65A-1-4, as last amended by Chapter 159, Laws of Utah 1996
46 65A-6-8, as last amended by Chapter 138, Laws of Utah 1992
47 73-1-4, as last amended by Chapter 99, Laws of Utah 2003
48 73-2-4, Utah Code Annotated 1953
49 73-2-25, as enacted by Chapter 33, Laws of Utah 2005
50 73-3-8, as last amended by Chapter 139, Laws of Utah 1985
51 73-3-12, as last amended by Chapter 58, Laws of Utah 2006
52 73-3b-206, as enacted by Chapter 146, Laws of Utah 1991
53 73-4-3, as last amended by Chapter 252, Laws of Utah 1979
54 73-4-4, Utah Code Annotated 1953
55 73-4-11, Utah Code Annotated 1953
56 73-5-4, Utah Code Annotated 1953

57 73-18b-1, as last amended by Chapter 276, Laws of Utah 1997
58 78-12-23, as last amended by Chapters 79 and 210, Laws of Utah 1996
59 RENUMBERS AND AMENDS:
60 65A-8-101, (Renumbered from 65A-8-1, as last amended by Chapter 319, Laws of
61 Utah 1997)
62 65A-8-102, (Renumbered from 65A-8-2, as last amended by Chapter 294, Laws of
63 Utah 1994)
64 65A-8-103, (Renumbered from 65A-8-3, as repealed and reenacted by Chapter 294,
65 Laws of Utah 1994)
66 65A-8-104, (Renumbered from 65A-8-1.1, as last amended by Chapter 294, Laws of
67 Utah 1994)
68 65A-8-105, (Renumbered from 65A-8-1.2, as last amended by Chapter 352, Laws of
69 Utah 2004)
70 65A-8-201, (Renumbered from 65A-8-4, as repealed and reenacted by Chapter 294,
71 Laws of Utah 1994)
72 65A-8-202, (Renumbered from 65A-8-5, as repealed and reenacted by Chapter 294,
73 Laws of Utah 1994)
74 65A-8-203, (Renumbered from 65A-8-6, as last amended by Chapter 47, Laws of Utah
75 2004)
76 65A-8-204, (Renumbered from 65A-8-6.1, as last amended by Chapter 256, Laws of
77 Utah 2002)
78 65A-8-205, (Renumbered from 65A-8-6.2, as last amended by Chapter 152, Laws of
79 Utah 2006)
80 65A-8-206, (Renumbered from 65A-8-6.3, as last amended by Chapter 319, Laws of
81 Utah 1997)
82 65A-8-207, (Renumbered from 65A-8-6.4, as last amended by Chapter 152, Laws of
83 Utah 2006)
84 65A-8-208, (Renumbered from 65A-8-6.5, as enacted by Chapter 319, Laws of Utah
85 1997)
86 65A-8-209, (Renumbered from 65A-8-7, as repealed and reenacted by Chapter 294,
87 Laws of Utah 1994)

88 65A-8-210, (Renumbered from 65A-8-8, as repealed and reenacted by Chapter 294,
89 Laws of Utah 1994)
90 65A-8-211, (Renumbered from 65A-8-9, as last amended by Chapter 71, Laws of Utah
91 1998)
92 65A-8-212, (Renumbered from 65A-8-10, as repealed and reenacted by Chapter 294,
93 Laws of Utah 1994)
94 65A-8-301, (Renumbered from 63-11-57, as enacted by Chapter 188, Laws of Utah
95 1975)
96 65A-8-302, (Renumbered from 63-11-58, as last amended by Chapter 159, Laws of
97 Utah 1996)
98 65A-8-303, (Renumbered from 63-11-59, as last amended by Chapter 305, Laws of
99 Utah 1983)
100 65A-8-304, (Renumbered from 63-11-60, as last amended by Chapter 305, Laws of
101 Utah 1983)
102 65A-8-305, (Renumbered from 63-11-60.3, as enacted by Chapter 305, Laws of Utah
103 1983)
104 65A-8-306, (Renumbered from 63-11-60.4, as last amended by Chapter 10, Laws of
105 Utah 1997)
106 65A-8-307, (Renumbered from 63-11-61, as last amended by Chapter 305, Laws of
107 Utah 1983)
108 65A-8-308, (Renumbered from 63-11-64, as last amended by Chapter 38, Laws of Utah
109 1993)
110 65A-8-309, (Renumbered from 63-11-65, as enacted by Chapter 305, Laws of Utah
111 1983)
112
113 Be it enacted by the Legislature of the state of Utah:
114 Section 1. Section 23-13-2 is amended to read:
115 23-13-2. Definitions.
116 As used in this title:
117 (1) "Activity regulated under this title" means any act, attempted act, or activity
118 prohibited or regulated under any provision of Title 23, Wildlife Resources Code of Utah, or

119 the rules, and proclamations promulgated thereunder pertaining to protected wildlife including:
120 (a) fishing;
121 (b) hunting;
122 (c) trapping;
123 (d) taking;
124 (e) permitting any dog, falcon, or other domesticated animal to take;
125 (f) transporting;
126 (g) possessing;
127 (h) selling;
128 (i) wasting;
129 (j) importing;
130 (k) exporting;
131 (l) rearing;
132 (m) keeping;
133 (n) utilizing as a commercial venture; and
134 (o) releasing to the wild.
135 (2) "Aquatic animal" has the meaning provided in Section 4-37-103 .
136 (3) "Aquatic wildlife" means species of fish, mollusks, crustaceans, aquatic insects, or
137 amphibians.
138 (4) "Aquaculture facility" has the meaning provided in Section 4-37-103 .
139 (5) "Bag limit" means the maximum limit, in number or amount, of protected wildlife
140 that one person may legally take during one day.
141 (6) "Big game" means species of hoofed protected wildlife.
142 (7) "Carcass" means the dead body of an animal or its parts.
143 (8) "Certificate of registration" means a document issued under this title, or any rule or
144 proclamation of the Wildlife Board granting authority to engage in activities not covered by a
145 license, permit, or tag.
146 (9) "Closed season" means the period of time during which the taking of protected
147 wildlife is prohibited.
148 (10) "Conservation officer" means a full-time, permanent employee of the Division of
149 Wildlife Resources who is POST certified as a peace or a special function officer.

150 (11) "Dedicated hunter program" means a program that provides:
151 (a) expanded hunting opportunities;
152 (b) opportunities to participate in projects that are beneficial to wildlife; and
153 (c) education in hunter ethics and wildlife management principles.
154 (12) "Division" means the Division of Wildlife Resources.
155 (13) (a) "Domicile" means the place:
156 (i) where an individual has a fixed permanent home and principal establishment;
157 (ii) to which the individual if absent, intends to return; and
158 (iii) in which the individual, and the individual's family voluntarily reside, not for a
159 special or temporary purpose, but with the intention of making a permanent home.
160 (b) To create a new domicile an individual must:
161 (i) abandon the old domicile; and
162 (ii) be able to prove that a new domicile has been established.
163 (14) "Endangered" means wildlife designated as such [pursuant] according to Section 3
164 of the federal Endangered Species Act of 1973.
165 (15) "Fee fishing facility" has the meaning provided in Section 4-37-103 .
166 (16) "Feral" means an animal which is normally domesticated but has reverted to the
167 wild.
168 (17) "Fishing" means to take fish or crayfish by any means.
169 (18) "Furbearer" means species of the Bassariscidae, Canidae, Felidae, Mustelidae, and
170 Castoridae families, except coyote and cougar.
171 (19) "Game" means wildlife normally pursued, caught, or taken by sporting means for
172 human use.
173 (20) (a) "Guide" means a person who receives compensation or advertises services for
174 assisting another person to take protected wildlife.
175 (b) Assistance under Subsection (20)(a) includes the provision of food, shelter, or
176 transportation, or any combination of these.
177 (21) "Guide's agent" means a person who is employed by a guide to assist another
178 person to take protected wildlife.
179 (22) "Hunting" means to take or pursue a reptile, amphibian, bird, or mammal by any
180 means.

181 (23) "Intimidate or harass" means to physically interfere with or impede, hinder, or
182 diminish the efforts of an officer in the performance of the officer's duty.
183 (24) "Nonresident" means a person who does not qualify as a resident.
184 (25) "Open season" means the period of time during which protected wildlife may be
185 legally taken.
186 (26) "Pecuniary gain" means the acquisition of money or something of monetary value.
187 (27) "Permit" means a document, including a stamp, which grants authority to engage
188 in specified activities under this title or a rule or proclamation of the Wildlife Board.
189 (28) "Person" means an individual, association, partnership, government agency,
190 corporation, or an agent of the foregoing.
191 (29) "Possession" means actual or constructive possession.
192 (30) "Possession limit" means the number of bag limits one individual may legally
193 possess.
194 (31) (a) "Private fish installation" means a body of water where privately owned,
195 protected aquatic wildlife are propagated or kept.
196 (b) "Private fish installation" does not include any aquaculture facility or fee fishing
197 facility.
198 (32) "Private wildlife farm" means an enclosed place where privately owned birds or
199 furbearers are propagated or kept and [which] that restricts the birds or furbearers from:
200 (a) commingling with wild birds or furbearers; and
201 (b) escaping into the wild.
202 (33) "Proclamation" means the publication used to convey a statute, rule, policy, or
203 pertinent information as it relates to wildlife.
204 (34) (a) "Protected aquatic wildlife" means aquatic wildlife as defined in Subsection
205 (3), except as provided in Subsection (34)(b).
206 (b) "Protected aquatic wildlife" does not include aquatic insects.
207 (35) (a) "Protected wildlife" means wildlife as defined in Subsection (49), except as
208 provided in Subsection (35)(b).
209 (b) "Protected wildlife" does not include coyote, field mouse, gopher, ground squirrel,
210 jack rabbit, muskrat, and raccoon.
211 (36) "Released to the wild" means to be turned loose from confinement.

212 (37) (a) "Resident" means a person who:
213 (i) has been domiciled in the state [of Utah] for six consecutive months immediately
214 preceding the purchase of a license; and
215 (ii) does not claim residency for hunting, fishing, or trapping in any other state or
216 country.
217 (b) A Utah resident retains Utah residency if that person leaves this state:
218 (i) to serve in the armed forces of the United States or for religious or educational
219 purposes; and
220 (ii) complies with Subsection (37)(a)(ii).
221 (c) (i) A member of the armed forces of the United States and dependents are residents
222 for the purposes of this chapter as of the date the member reports for duty under assigned
223 orders in the state if the member:
224 (A) is not on temporary duty in this state; and
225 (B) complies with Subsection (37)(a)(ii).
226 (ii) A copy of the assignment orders must be presented to a wildlife division office to
227 verify the member's qualification as a resident.
228 (d) A nonresident attending an institution of higher learning in this state as a full-time
229 student may qualify as a resident for purposes of this chapter if the student:
230 (i) has been present in this state for 60 consecutive days immediately preceding the
231 purchase of the license; and
232 (ii) complies with Subsection (37)(a)(ii).
233 (e) A Utah resident license is invalid if a resident license for hunting, fishing, or
234 trapping is purchased in any other state or country.
235 (f) An absentee landowner paying property tax on land in Utah does not qualify as a
236 resident.
237 (38) "Sell" means to offer or possess for sale, barter, exchange, or trade, or the act of
238 selling, bartering, exchanging, or trading.
239 (39) "Small game" means species of protected wildlife:
240 (a) commonly pursued for sporting purposes; and
241 (b) not classified as big game, aquatic wildlife, or furbearers and excluding turkey,
242 cougar, and bear.

243 (40) "Spoiled" means impairment of the flesh of wildlife which renders it unfit for
244 human consumption.
245 (41) "Spotlighting" means throwing or casting the rays of any spotlight, headlight, or
246 other artificial light on any highway or in any field, woodland, or forest while having in
247 possession a weapon by which protected wildlife may be killed.
248 (42) "Tag" means a card, label, or other identification device issued for attachment to
249 the carcass of protected wildlife.
250 (43) "Take" means to:
251 (a) hunt, pursue, harass, catch, capture, possess, angle, seine, trap, or kill any protected
252 wildlife; or
253 (b) attempt any action referred to in Subsection (43)(a).
254 (44) "Threatened" means wildlife designated as such pursuant to Section 3 of the
255 federal Endangered Species Act of 1973.
256 (45) "Trapping" means taking protected wildlife with a trapping device.
257 (46) "Trophy animal" means an animal described as follows:
258 (a) deer - any buck with an outside antler measurement of 24 inches or greater;
259 (b) elk - any bull with six points on at least one side;
260 (c) bighorn, desert, or rocky mountain sheep - any ram with a curl exceeding half curl;
261 (d) moose - any bull with at least one antler exceeding five inches in length;
262 (e) mountain goat - any male or female;
263 (f) pronghorn antelope - any buck with horns exceeding 14 inches; or
264 (g) bison - any bull.
265 (47) "Waste" means to abandon protected wildlife or to allow protected wildlife to
266 spoil or to be used in a manner not normally associated with its beneficial use.
267 (48) "Water pollution" means the introduction of matter or thermal energy to waters
268 within this state which:
269 (a) exceeds state water quality standards; or
270 (b) could be harmful to protected wildlife.
271 (49) "Wildlife" means:
272 (a) crustaceans, including brine shrimp and crayfish;
273 (b) mollusks; and

274 (c) vertebrate animals living in nature, except feral animals.
275 Section 2. Section 23-19-4 is amended to read:
276 23-19-4. Alien's and nonresident peace officer's right to licenses and certificates.
277 (1) An alien resident of the State of Utah may purchase hunting, fishing, trapping,
278 seining, and fur dealer licenses and certificates of registration upon the same terms as a resident
279 citizen.
280 (2) All nonresident aliens may purchase hunting, fishing, trapping, seining, and fur
281 dealer licenses and certificates of registration upon the same terms as nonresident citizens.
282 (3) Notwithstanding Subsection 23-19-5 (1)(b), a nonresident may purchase a hunting,
283 fishing, trapping, seining, and fur dealer license and certificate of registration upon the same
284 terms as a resident citizen if the person is:
285 (a) employed by the state as a peace officer, as classified by Title 53, Chapter 13, Peace
286 Officer Classifications; and
287 (b) required to live outside the state as a condition of the person's employment.
288 Section 3. Section 23-19-5 is amended to read:
289 23-19-5. Fraud, deceit, or misrepresentation in obtaining a license, permit, tag, or
290 certificate of registration unlawful -- Violation -- Penalty.
291 (1) It is unlawful for:
292 (a) any person to obtain or attempt to obtain a license, permit, tag, or certificate of
293 registration by fraud, deceit, or misrepresentation[. It is unlawful for];
294 (b) a nonresident to purchase a resident license[. It is unlawful for]; and
295 (c) a resident to purchase a nonresident license.
296 (2) Any license, permit, tag, or certificate of registration obtained in violation of
297 Subsection (1) is invalid.
298 (3) Any person violating [provisions of this section] Subsection (1) is guilty of a class
299 B misdemeanor.
300 (4) A fraudulent claim of residency in another state or country does not exempt a
301 person from the definition of resident in Section 23-13-2 .
302 Section 4. Section 23-19-9 is amended to read:
303 23-19-9. Suspension of license or permit privileges -- Suspension of certificates of
304 registration.

305 (1) As used in this section, "license or permit privileges" means the privilege of
306 applying for, purchasing, and exercising the benefits conferred by a license or permit issued by
307 the division.
308 (2) A hearing officer, appointed by the division, [shall] may suspend a person's
309 [privilege of applying for, purchasing, and exercising the benefits conferred by one or more
310 licenses or permits issued by the division] license or permit privileges if:
311 (a) in a court of law, the person:
312 (i) is convicted of:
313 (A) violating this title or a rule of the Wildlife Board;
314 (B) killing or injuring domestic livestock while engaged in an activity regulated under
315 this title; or
316 (C) violating Section 76-10-508 while engaged in an activity regulated under this title;
317 (ii) enters into a plea in abeyance agreement, in which the person pleads guilty or no
318 contest to an offense listed in Subsection (2)(a)(i), and the plea is held in abeyance; or
319 (iii) is charged with committing an offense listed in Subsection (2)(a)(i), and the person
320 enters into a diversion agreement which suspends the prosecution of the offense; and
321 (b) the hearing officer determines the person committed the offense intentionally,
322 knowingly, or recklessly, as defined in Section 76-2-103 .
323 (3) (a) The Wildlife Board shall make rules establishing guidelines [for] that a hearing
324 officer [to] shall consider in determining:
325 (i) the type of license or permit privileges to suspend[.]; and
326 (ii) the duration of the suspension.
327 (b) The Wildlife Board shall ensure that the guidelines established under Subsection
328 (3)(a) are consistent with Subsections (4), (5), and (6).
329 (4) Except as provided in [Subsection] Subsections (5) and (6), a hearing officer [shall]
330 may suspend a person's license or permit privileges [pursuant] according to Subsection (2) for
331 [the following time periods] a period of time not to exceed:
332 (a) seven years for:
333 (i) a felony conviction;
334 (ii) a plea of guilty or no contest to an offense punishable as a felony, which plea is
335 held in abeyance pursuant to a plea in abeyance agreement; or

336 (iii) being charged with an offense punishable as a felony, the prosecution of which is
337 suspended pursuant to a diversion agreement;
338 (b) five years for:
339 (i) a class A misdemeanor conviction;
340 (ii) a plea of guilty or no contest to an offense punishable as a class A misdemeanor,
341 which plea is held in abeyance pursuant to a plea in abeyance agreement; or
342 (iii) being charged with an offense punishable as a class A misdemeanor, the
343 prosecution of which is suspended pursuant to a diversion agreement; [and]
344 (c) three years for:
345 (i) a class B misdemeanor conviction [under Section 23-20-4 ];
346 (ii) a plea of guilty or no contest to an offense punishable as a class B misdemeanor
347 [under Section 23-20-4 , which] when the plea is held in abeyance [pursuant] according to a
348 plea in abeyance agreement; or
349 (iii) being charged with an offense punishable as a class B misdemeanor [under Section
350 23-20-4 ], the prosecution of which is suspended pursuant to a diversion agreement[.]; and
351 [(5) Suspension periods as set forth in Subsection (4) shall be doubled for offenses:]
352 (d) one year for:
353 (i) a class C misdemeanor conviction;
354 (ii) a plea of guilty or no contest to an offense punishable as a class C misdemeanor,
355 when the plea is held in abeyance according to a plea in abeyance agreement; or
356 (iii) being charged with an offense punishable as a class C misdemeanor, the
357 prosecution of which is suspended according to a diversion agreement.
358 (5) The hearing officer may double a suspension period established in Subsection (4)
359 for offenses:
360 (a) committed in violation of an existing suspension or revocation order issued by the
361 courts, division, or Wildlife Board; or
362 (b) involving the unlawful taking of a trophy animal, as defined in Section 23-13-2 .
363 (6) (a) A hearing officer may suspend, [pursuant] according to Subsection (2), a
364 person's [privilege to apply for, purchase, and exercise the benefits conferred by] license or
365 permit privileges for a particular license or permit only once for each single criminal episode,
366 as defined in Section 76-1-401 .

367 (b) If a hearing officer addresses two or more single criminal episodes in a hearing, the
368 suspension periods of any license or permit privileges of the same type suspended, [pursuant]
369 according to Subsection (2), [shall] may run consecutively.
370 (c) If a hearing officer suspends, [pursuant] according to Subsection (2), license or
371 permit privileges of the type that have been previously suspended by a court, a hearing officer,
372 or the Wildlife Board and the suspension period has not expired, the suspension periods [shall]
373 may run consecutively.
374 [(7) (a) A hearing officer, appointed by the division, shall suspend a person's privilege
375 of applying for, purchasing, and exercising the benefits conferred by one or more licenses or
376 permits issued by the division if:]
377 [(i) within a five-year period, the person, on three or more occasions, in a court of law,
378 is convicted or enters into a plea in abeyance agreement or diversion agreement as follows:]
379 [(A) the person is convicted of an offense listed in Subsection (2)(a)(i) that is
380 punishable as a class B or C misdemeanor;]
381 [(B) the person enters into a plea in abeyance agreement in which the person pleads
382 guilty or no contest to an offense listed in Subsection (2)(a)(i) that is punishable as a class B or
383 C misdemeanor, and the plea is held in abeyance; or]
384 [(C) the person is charged with an offense listed in Subsection (2)(a)(i) that is
385 punishable as a class B or C misdemeanor, and the person enters into a diversion agreement,
386 which suspends the prosecution of the offense;]
387 [(ii) each conviction, plea in abeyance agreement, or diversion agreement listed in
388 Subsection (7)(a)(i) originated from a separate single criminal episode; and]
389 [(iii) a suspension or revocation order has not been previously issued as a result of any
390 conviction, plea in abeyance agreement, or diversion agreement listed in Subsection (7)(a)(i).]
391 [(b) An order of suspension may be issued, under this Subsection (7), on a strict
392 liability basis.]
393 [(c) A hearing officer shall suspend a person's license or permit privileges, pursuant to
394 this Subsection (7), for a time period equal to the sum of the following:]
395 [(i) one year for each:]
396 [(A) class B misdemeanor conviction;]
397 [(B) plea of guilty or no contest to an offense punishable as a class B misdemeanor,

398 which plea is held in abeyance pursuant to a plea in abeyance agreement; or]
399 [(C) charge of committing an offense punishable as a class B misdemeanor, the
400 prosecution of which is suspended pursuant to a diversion agreement; and]
401 [(ii) six months for each:]
402 [(A) class C misdemeanor conviction;]
403 [(B) plea of guilty or no contest to an offense punishable as a class C misdemeanor,
404 which plea is held in abeyance pursuant to a plea in abeyance agreement; or]
405 [(C) charge of committing an offense punishable as a class C misdemeanor, the
406 prosecution of which is suspended pursuant to a diversion agreement.]
407 [(8)] (7) (a) A hearing officer, appointed by the division, may suspend a person's
408 privilege of applying for, purchasing, and exercising the benefits conferred by a certificate of
409 registration if:
410 (i) the hearing officer determines the person intentionally, knowingly, or recklessly, as
411 defined in Section 76-2-103 , violated:
412 (A) this title;
413 (B) a rule or order of the Wildlife Board;
414 (C) the terms of a certificate of registration; or
415 (D) the terms of a certificate of registration application or agreement; or
416 (ii) the person, in a court of law:
417 (A) is convicted of an offense that the hearing officer determines bears a reasonable
418 relationship to the person's ability to safely and responsibly perform the activities authorized by
419 the certificate of registration;
420 (B) pleads guilty or no contest to an offense that the hearing officer determines bears a
421 reasonable relationship to the person's ability to safely and responsibly perform the activities
422 authorized by the certificate of registration, and the plea is held in abeyance in accordance with
423 a plea in abeyance agreement; or
424 (C) is charged with an offense that the hearing officer determines bears a reasonable
425 relationship to the person's ability to safely and responsibly perform the activities authorized by
426 the certificate of registration, and prosecution of the offense is suspended in accordance with a
427 diversion agreement.
428 (b) All certificates of registration for the harvesting of brine shrimp eggs, as defined in

429 Section 59-23-3 , shall be suspended by a hearing officer, if the hearing officer determines the
430 holder of the certificates of registration has violated Section 59-23-5 .
431 [(c) Subsections (4), (5), and (6) do not apply to suspensions of certificates of
432 registration.]
433 [(9)] (8) (a) The director shall appoint a qualified person as a hearing officer to perform
434 the adjudicative functions provided in this section.
435 (b) The director may not appoint a division employee who investigates or enforces
436 wildlife violations.
437 [(10)] (9) (a) The courts may suspend, in criminal sentencing, a person's privilege to
438 apply for, purchase, or exercise the benefits conferred by a license, permit, or certificate of
439 registration.
440 (b) The courts shall promptly notify the division of any suspension orders or
441 recommendations entered.
442 (c) The division, upon receiving notification of suspension from the courts, shall
443 prohibit the person from applying for, purchasing, or exercising the benefits conferred by a
444 license, permit, or certification of registration for the duration and of the type specified in the
445 court order.
446 (d) The hearing officer shall consider any recommendation made by a sentencing court
447 concerning suspension before issuing a suspension order.
448 [(11)] (10) (a) A person may not apply for, purchase, possess, or attempt to exercise the
449 benefits conferred by any permit, license, or certificate of registration specified in an order of
450 suspension while that order is in effect.
451 (b) Any license possessed or obtained in violation of the order shall be considered
452 invalid.
453 [(b)] (c) A person who violates Subsection [(11)] (10)(a) is guilty of a class B
454 misdemeanor.
455 [(12)] (11) Before suspension under this section, a person must be:
456 (a) given written notice of any action the division intends to take; and
457 (b) provided with an opportunity for a hearing.
458 [(13)] (12) (a) A person may file an appeal of a hearing officer's decision with the
459 Wildlife Board.

460 (b) The Wildlife Board shall review the hearing officer's findings and conclusions and
461 any written documentation submitted at the hearing.
462 (c) The Wildlife Board may:
463 (i) take no action;
464 (ii) vacate or remand the decision; or
465 (iii) amend the period or type of suspension.
466 [(14)] (13) The division shall suspend and reinstate all hunting, fishing, trapping, and
467 falconry privileges consistent with Title 23, Chapter 25, Wildlife Violator Compact.
468 [(15)] (14) The Wildlife Board may make rules to implement this section in accordance
469 with Title 63, Chapter 46a, Utah Administrative Rulemaking Act[, and Title 63, Chapter 46b,
470 Administrative Procedures Act].
471 Section 5. Section 23-20-9 is amended to read:
472 23-20-9. Donating protected wildlife.
473 (1) A person may only donate protected wildlife or their parts to another person [only]
474 at [the following places]:
475 (a) the residence of the donor;
476 (b) the residence of the person receiving protected wildlife or their parts;
477 (c) a meat locker;
478 (d) a storage plant; [or]
479 (e) a meat processing facility[.]; or
480 (f) a location authorized by the Wildlife Board in rule, proclamation, or order.
481 (2) A written statement of donation must be kept with the protected wildlife or parts
482 showing:
483 (a) the number and species of protected wildlife or parts donated;
484 (b) the date of donation;
485 (c) the license or permit number of the donor; and
486 (d) the signature of the donor.
487 (3) Notwithstanding Subsections (1) and (2), a person may donate the hide of a big
488 game animal to another person or organization at any place without a donation slip.
489 Section 6. Section 41-22-2 is amended to read:
490 41-22-2. Definitions.

491 As used in this chapter:
492 (1) "Advisory council" means the Off-highway Vehicle Advisory Council appointed by
493 the Board of Parks and Recreation.
494 (2) "All-terrain type I vehicle" means any motor vehicle [52] 50 inches or less in width,
495 having an unladen dry weight of 800 pounds or less, traveling on three or more low pressure
496 tires, having a seat designed to be straddled by the operator, and designed for or capable of
497 travel over unimproved terrain.
498 (3) (a) "All-terrain type II vehicle" means any other motor vehicle, not defined in
499 Subsection (2), (9), or (20), designed for or capable of travel over unimproved terrain. [This
500 term]
501 (b) "All-terrain type II vehicle" does not include golf carts, any vehicle designed to
502 carry a disabled person, any vehicle not specifically designed for recreational use, or farm
503 tractors as defined under Section 41-1a-102 .
504 (4) "Board" means the Board of Parks and Recreation.
505 (5) "Dealer" means a person engaged in the business of selling off-highway vehicles at
506 wholesale or retail.
507 (6) "Division" means the Division of Parks and Recreation.
508 (7) "Low pressure tire" means any pneumatic tire six inches or more in width designed
509 for use on wheels with rim diameter of 12 inches or less and utilizing an operating pressure of
510 ten pounds per square inch or less as recommended by the vehicle manufacturer.
511 (8) "Manufacturer" means a person engaged in the business of manufacturing
512 off-highway vehicles.
513 (9) "Motorcycle" means every motor vehicle having a saddle for the use of the operator
514 and designed to travel on not more than two tires.
515 (10) "Motor vehicle" means every vehicle which is self-propelled.
516 (11) "Off-highway vehicle" means any snowmobile, all-terrain type I vehicle,
517 all-terrain type II vehicle, or motorcycle.
518 (12) "Off-highway implement of husbandry" means every all-terrain type I vehicle,
519 motorcycle, or snowmobile [which] that is used by the owner or his agent for agricultural
520 operations.
521 (13) "Operate" means to control the movement of or otherwise use an off-highway

522 vehicle.
523 (14) "Operator" means the person who is in actual physical control of an off-highway
524 vehicle.
525 (15) "Organized user group" means an off-highway vehicle organization incorporated
526 as a nonprofit corporation in the state under Title 16, Chapter 6a, Utah Revised Nonprofit
527 Corporation Act, for the purpose of promoting the interests of off-highway vehicle recreation.
528 (16) "Owner" means a person, other than a person with a security interest, having a
529 property interest or title to an off-highway vehicle and entitled to the use and possession of that
530 vehicle.
531 (17) "Public land" means land owned or administered by any federal or state agency or
532 any political subdivision of the state.
533 (18) "Register" means the act of assigning a registration number to an off-highway
534 vehicle.
535 (19) "Roadway" is used as defined in Section 41-6a-102 .
536 (20) "Snowmobile" means any motor vehicle designed for travel on snow or ice and
537 steered and supported in whole or in part by skis, belts, cleats, runners, or low pressure tires.
538 (21) "Street or highway" means the entire width between boundary lines of every way
539 or place of whatever nature, when any part of it is open to the use of the public for vehicular
540 travel.
541 Section 7. Section 41-22-12 is amended to read:
542 41-22-12. Restrictions on use of public lands.
543 (1) Except as provided in Section 63-11-17 , federal agencies are encouraged and
544 agencies of the state and its subdivisions shall [refrain from closing any] pursue opportunities
545 to open public land to responsible off-highway vehicle use.
546 (2) A person may not operate and an owner of an off-highway vehicle may not give
547 another person permission to operate an off-highway vehicle on any public land which is
548 closed to off-highway vehicles.
549 Section 8. Section 56-1-15 is amended to read:
550 56-1-15. Fire caused by sparks emitted.
551 In any action for damages [on account of] from a fire caused by sparks emitted from
552 locomotive engines on a [steam railroad] rail line, proof that the fire occurred and was caused

553 by sparks emitted from a locomotive engine operated by [such] the railroad [shall constitute] is
554 prima facie evidence of negligence on the part of [such] the railroad.
555 Section 9. Section 65A-1-4 is amended to read:
556 65A-1-4. Division of Forestry, Fire and State Lands -- Creation -- Power and
557 authority.
558 (1) (a) The Division of Forestry, Fire and State Lands is created within the Department
559 of Natural Resources under the administration and general supervision of the executive director
560 of the department.
561 (b) The division is the executive authority for the management of sovereign lands, and
562 the state's mineral estates on lands other than school and institutional trust lands, and shall
563 provide for forestry and fire control activities as required in Section [ 65A-8-1 ] 65A-8-101 .
564 (2) The division shall adopt rules under Title 63, Chapter 46a, Utah Administrative
565 Rulemaking Act, necessary to fulfill the purposes of this title.
566 (3) The director of the Division of Forestry, Fire and State Lands is the executive and
567 administrative head of the division and shall be a person experienced in administration and
568 management of natural resources.
569 (4) The director shall inform the council:
570 (a) in an annual meeting of the division's plans, policies, and budget; and
571 (b) of policy changes and developing conflicts[, and].
572 (5) The director shall give the council an opportunity to advise on the changes and
573 conflicts.
574 [(5)] (6) (a) An aggrieved party to a final action by the director may appeal that action
575 to the executive director of the Department of Natural Resources within 20 days after the
576 action.
577 (b) The executive director shall rule on the director's action within 20 days after receipt
578 of the appeal.
579 Section 10. Section 65A-6-8 is amended to read:
580 65A-6-8. Mineral leases -- Cancellation -- Use of surface land -- Liability for
581 damage.
582 (1) Upon violation by the lessee of any lawful provision in a mineral lease, the division
583 may cancel the lease after 30 days' notice by registered or certified return receipt mail, unless

584 the lessee:
585 (a) remedies the violation[,];
586 (b) rectifies the condition[,]; or
587 (c) requests a hearing within:
588 (i) the 30 days; or [within]
589 (ii) any extension of time the [board] division grants.
590 (2) (a) A mineral lessee, subject to conditions required by the division, shall have:
591 (i) the right at all times to enter upon the leasehold for prospecting, exploring,
592 developing, and producing minerals; and [shall have]
593 (ii) reasonable use of the surface.
594 (b) The lessee shall not injure, damage, or destroy the improvements of the surface
595 owner or lessee.
596 (c) The lessee is liable to the surface owner or lessee for all damage to the surface of
597 the land and improvements, except for reasonable use.
598 (3) Any mineral lessee may occupy as much of the surface of the leased land as may be
599 required for all purposes reasonably incident to the exercise of lessee's rights under the lease
600 by:
601 (a) securing the written consent or waiver of the surface owner or lessee;
602 (b) payment for the damage to the surface of the land and improvements to the surface
603 owner or lessee where there is agreement as to the amount of the damage; or
604 (c) upon the execution of a good and sufficient bond to the state for the use and benefit
605 of the surface owner or lessee of the land to secure the payment of damages as may be
606 determined and fixed by agreement or in action brought upon the bond or undertaking in a
607 court of competent jurisdiction against the principal and sureties of the bond.
608 (4) The bond required by Subsection (3)(c) shall be:
609 (a) in a form and amount as prescribed by the division; and [shall be]
610 (b) filed with the division.
611 Section 11. Section 65A-8-101 , which is renumbered from Section 65A-8-1 is
612 renumbered and amended to read:
613 Part 1. General Provisions
614 [65A-8-1]. 65A-8-101. Division responsibilities for fire control and the

615 preservation of forest, watershed, and other lands -- Reciprocal agreements for fire
616 protection.
617 (1) The division shall determine and execute the best methods for protecting private
618 and public property by:
619 (a) preventing the origin and spread of fire on nonfederal forest, range, and watershed
620 lands in unincorporated areas of the state;
621 (b) protecting nonfederal forest and watershed areas on conservation principles; and
622 (c) encouraging private landowners in preserving, protecting, and managing forest and
623 other lands throughout the state.
624 (2) The division shall take action it considers necessary to control wildland fires and
625 protect life and property on the nonfederal forest, range, and watershed lands within
626 unincorporated areas of the state.
627 (3) The division may enter into agreements with public or private agencies, or
628 individuals for the express purpose of protecting, managing, or rehabilitating those lands.
629 (4) The division may enter into a reciprocal agreement with any fire protection
630 organization, including federal agencies, to provide fire protection for land and improvements
631 for which the organization normally provides fire protection.
632 Section 12. Section 65A-8-102 , which is renumbered from Section 65A-8-2 is
633 renumbered and amended to read:
634 [65A-8-2]. 65A-8-102. State forester.
635 (1) There is created the position of state forester to carry out the provisions of this
636 chapter.
637 (2) The state forester shall be a graduate of an accredited school of forestry, technically
638 and professionally competent, and experienced in administration.
639 (3) The state forester shall be responsible to the director of the division.
640 (4) In all matters pertaining to forestry and fire control in which the state recognizes a
641 responsibility, the state forester shall be the official representative of the state.
642 Section 13. Section 65A-8-103 , which is renumbered from Section 65A-8-3 is
643 renumbered and amended to read:
644 [65A-8-3]. 65A-8-103. Forestry and fire control funds.
645 [(1) All monies available to the division to meet the costs of Subsections (1)(a) through

646 (d) are nonlapsing and available to the division until expended:]
647 (1) The division shall use monies available to it to meet the costs of:
648 (a) [monies for] controlling forest, range, and watershed fires;
649 (b) [monies for] controlling insect and disease epidemics;
650 (c) [monies for] rehabilitating or reforesting nonfederal forest, range, and watershed
651 lands; and
652 (d) [monies for] carrying on the purposes of [Title 65A, Chapter 8, Management of
653 Forest Lands and Fire Control] this chapter.
654 (2) All monies available to the division to meet the costs of Subsections (1)(a) through
655 (d) are nonlapsing and available to the division until expended.
656 [(2)] (3) (a) The collection and disbursement of all money made available to the
657 division shall be in accordance with the rules of the Division of Finance.
658 (b) Monies collected by the division from fees, rentals, sales, contributions,
659 reimbursements, and other such sources shall be deposited in the appropriate account.
660 Section 14. Section 65A-8-104 , which is renumbered from Section 65A-8-1.1 is
661 renumbered and amended to read:
662 [65A-8-1.1]. 65A-8-104. Leaf-It-To-Us Children's Crusade for Trees
663 program created -- Purpose -- Matching funds.
664 (1) As used in this section, "program" means the Leaf-It-To-Us Children's Crusade for
665 Trees program.
666 (2) (a) The Leaf-It-To-Us Children's Crusade for Trees program is created within the
667 division.
668 (b) The purpose of the program is to provide matching funds for the planting of trees
669 on public lands or alongside curbs.
670 (3) (a) Any student group may submit an application to the division for funds available
671 through the program.
672 (b) To be eligible for the funds, the student group must provide an equal amount of
673 money.
674 (c) Both the program funds and the student group's funds shall be used to plant trees on
675 public lands or alongside curbs.
676 (4) The division shall make rules [for the administration of] to administer the program

677 and place emphasis on post-planting care.
678 Section 15. Section 65A-8-105 , which is renumbered from Section 65A-8-1.2 is
679 renumbered and amended to read:
680 [65A-8-1.2]. 65A-8-105. Urban and community forestry program.
681 (1) An urban and community forestry program is created within the division.
682 (2) The purpose of the program is to encourage the planting and maintenance of trees
683 within municipalities and unincorporated communities.
684 (3) The division may:
685 (a) advise and assist municipalities, counties, and other public and private entities in
686 developing and coordinating policies, programs, and activities promoting urban and
687 community forestry;
688 (b) receive, by following the procedures and requirements of Title 63, Chapter 38e,
689 Federal Funds Procedures, federal funds for the urban and community forestry program; and
690 (c) provide grants to municipalities and counties for urban and community forestry
691 programs and cooperative projects.
692 (4) The division shall:
693 (a) develop a public education program to inform tree care professionals and citizens of
694 the hazards involved with the planting of new trees and the maintenance of existing trees near
695 overhead power lines and highways; and
696 (b) develop and implement a program of public awareness to inform citizens about the
697 benefits of planting trees in urban areas and how to maintain trees.
698 Section 16. Section 65A-8-201 , which is renumbered from Section 65A-8-4 is
699 renumbered and amended to read:
700 Part 2. Fire Control
701 [65A-8-4]. 65A-8-201. Uncontrolled fire is a public nuisance.
702 Any fire on forest, range, or watershed land in the state burning uncontrolled and
703 without proper and adequate action being taken to control or prevent its spread is a public
704 nuisance.
705 Section 17. Section 65A-8-202 , which is renumbered from Section 65A-8-5 is
706 renumbered and amended to read:
707 [65A-8-5]. 65A-8-202. Fire control -- County responsibilities.

708 (1) Counties shall abate the public nuisance caused by uncontrolled fire on privately
709 owned or county owned forest, range, and watershed lands.
710 (2) Counties, or other political subdivisions of the state as determined to be appropriate
711 by the state forester, may participate in the wildland fire protection system of the division and
712 become eligible for assistance from the state by agreement under the provisions of this chapter.
713 (3) The state forester shall make certain that appropriate action is taken to control
714 wildland fires on nonfederal forest, range, and watershed lands.
715 (4) The actual costs of suppression action taken by the division on privately owned
716 lands shall be a charge against the county in which the lands lie, unless otherwise provided by
717 cooperative agreement.
718 Section 18. Section 65A-8-203 , which is renumbered from Section 65A-8-6 is
719 renumbered and amended to read:
720 [65A-8-6]. 65A-8-203. Cooperative fire protection agreements with counties.
721 (1) The county legislative body of any county may enter into a cooperative agreement
722 with the division to receive financial and supervisory cooperation and assistance from the
723 division.
724 (2) A county may not receive cooperation or assistance under Subsection (1) until a
725 cooperative agreement is executed by the county legislative body and the division.
726 (3) In order to be eligible to enter into a cooperative agreement with the division, the
727 county shall:
728 (a) adopt a wildland fire ordinance based upon minimum standards established by the
729 division;
730 (b) require that the county fire department or equivalent private provider under contract
731 with the county meet minimum standards for wildland fire training, certification, and wildland
732 fire suppression equipment based upon nationally accepted standards as specified by the
733 division; and
734 (c) file with the division a budget for fire suppression costs.
735 (4) A county that chooses not to enter into a cooperative agreement with the division
736 may not be eligible to receive financial assistance from the division.
737 (5) The state forester may execute the agreements and may divide the state into fire
738 protection districts.

739 (6) These districts shall provide efficient and economical fire protection within the area
740 defined.
741 (7) The districts may comprise one or more counties, or portions of counties to be
742 specified in the cooperative agreements.
743 (8) Under the terms of the cooperative agreements, the state forester shall file annual
744 budgets for operation of the cooperative districts with each participating county.
745 (9) If the county approves a budget mutually acceptable to the county and the state
746 forester, and budgets an amount for actual fire suppression costs determined to be normal by
747 the state forester, the agreement shall commit the state to pay 1/2 of the actual suppression
748 costs that exceed the stated normal costs.
749 Section 19. Section 65A-8-204 , which is renumbered from Section 65A-8-6.1 is
750 renumbered and amended to read:
751 [65A-8-6.1]. 65A-8-204. Wildland Fire Suppression Fund created.
752 (1) There is created a private-purpose trust fund known as the "Wildland Fire
753 Suppression Fund."
754 (2) The fund shall be administered by the division to pay fire suppression and
755 presuppression costs on eligible lands within unincorporated areas of counties.
756 (3) The contents of the fund shall include:
757 (a) payments by counties pursuant to written agreements made under Section
758 [ 65A-8-6.2 ] 65A-8-205 ;
759 (b) interest and earnings from the investment of fund monies; and
760 (c) money appropriated by the Legislature.
761 (4) Fund monies shall be invested by the state treasurer with the earnings and interest
762 accruing to the fund.
763 (5) (a) A maximum level of $8,000,000 is established for the fund.
764 (b) (i) Except as provided in Subsection (5)(b)(ii), if the amount of money in the fund
765 equals or exceeds $8,000,000 on March 31, no assessments may be charged for the following
766 year.
767 (ii) The waiver of assessments provided in Subsection (5)(b)(i) does not apply to any
768 equity payment required by Section [ 65A-8-6.2 ] 65A-8-205 .
769 Section 20. Section 65A-8-205 , which is renumbered from Section 65A-8-6.2 is

770 renumbered and amended to read:
771 [65A-8-6.2]. 65A-8-205. Agreements for coverage by the Wildland Fire
772 Suppression Fund -- Eligible lands -- County and state obligations -- Termination --
773 Revocation.
774 (1) (a) A county legislative body may enter annually into a written agreement with the
775 state forester to provide for payment from the Wildland Fire Suppression Fund of fire
776 suppression costs incurred by the county in excess of the county's fire suppression budget.
777 (b) Fire suppression costs on forest, range, and watershed lands within the
778 unincorporated area of a county, except federal or state lands, are eligible for coverage by the
779 Wildland Fire Suppression Fund.
780 (2) (a) An agreement for payment of fire suppression costs from the Wildland Fire
781 Suppression Fund shall provide that the county shall:
782 (i) except as provided by Subsection (2)(b), pay into the fund an amount equal to:
783 (A) .01 times the number of acres of privately- or county-owned land in the
784 unincorporated area of the county; and
785 (B) .0001151 times the taxable value of real property in the unincorporated area of the
786 county; and
787 (ii) budget an amount for fire suppression costs determined to be normal by the state
788 forester in accordance with the formula specified by rule.
789 (b) A county is not required to pay for an acre or real property described in Subsection
790 (2)(a)(i) if the acre or real property:
791 (i) is subject to concentrated residential, commercial, or industrial development;
792 (ii) would not be exposed to wildland fire; and
793 (iii) would not expose any wildland to fire spreading from it.
794 (3) (a) Any county that elects to initiate participation in the fund, or reestablish
795 participation in the fund after participation was terminated, shall make an equity payment, in
796 addition to the assessment provided in Subsection (2)(a)(i).
797 (b) The equity payment shall represent what the county's equity in the fund would be if
798 the county had made assessments into the fund for each of the previous three years.
799 (c) The equity payment shall be determined by the state forester in accordance with
800 division rules.

801 (4) The agreement shall provide that:
802 (a) the state shall pay into the fund an amount equal to the county's payment, including
803 any equity payment required under Subsection (3); and
804 (b) if monies in the fund are insufficient to pay for all eligible fire suppression costs,
805 the state shall pay for 1/2 of the county's remaining costs.
806 (5) The agreement shall provide for revocation of the agreement for failure to pay
807 assessments when due.
808 (6) Any county that elects to withdraw from participation in the fund, or whose
809 participation in the fund is revoked due to failure to pay its assessments when due, shall forfeit
810 any right to any previously paid assessments by the county.
811 Section 21. Section 65A-8-206 , which is renumbered from Section 65A-8-6.3 is
812 renumbered and amended to read:
813 [65A-8-6.3]. 65A-8-206. Disbursements from the Wildland Fire
814 Suppression Fund.
815 (1) Disbursements from the fund shall be made only upon written order of the state
816 forester or his authorized representative.
817 (2) If the state forester determines monies in the fund may be insufficient to cover
818 eligible costs in a program year, the state forester may delay making disbursements from the
819 fund until the close of the program year, at which time available monies shall be prorated
820 among those entitled to payments at less than 100%.
821 Section 22. Section 65A-8-207 , which is renumbered from Section 65A-8-6.4 is
822 renumbered and amended to read:
823 [65A-8-6.4]. 65A-8-207. Division to administer Wildland Fire
824 Suppression Fund -- Rulemaking -- Procedures.
825 (1) By following the procedures and requirements of Title 63, Chapter 46a, Utah
826 Administrative Rulemaking Act, the division shall make rules to administer the Wildland Fire
827 Suppression Fund, including rules:
828 (a) requiring documentation for:
829 (i) the number of acres of privately[-] or county-owned land in the unincorporated area
830 of a participating county; and
831 (ii) an acre or real property exempt in Subsection [ 65A-8-6.2 ] 65A-8-205 (2)(b);

832 (b) describing the method or formula for determining:
833 (i) normal fire suppression costs; and
834 (ii) equity payments required by Section [ 65A-8-6.2 ] 65A-8-205 ; and
835 (c) specifying fire suppression and presuppression costs that may be paid with
836 disbursements from the fund.
837 (2) By following the procedures and requirements of Title 63, Chapter 46b,
838 Administrative Procedures Act, the division shall determine whether an acre or real property is
839 eligible for the exemption provided in Subsection [ 65A-8-6.2 ] 65A-8-205 (2)(b).
840 Section 23. Section 65A-8-208 , which is renumbered from Section 65A-8-6.5 is
841 renumbered and amended to read:
842 [65A-8-6.5]. 65A-8-208. Presuppression costs -- Disbursements from fund
843 -- Credit against assessment -- Limited by appropriation.
844 (1) The state forester or the state forester's authorized representative may make
845 disbursements from the Wildland Fire Suppression Fund to pay for costs of presuppression and
846 fire management activities initiated by counties participating in the fund, subject to the
847 limitations specified in this section.
848 (2) Payments to a county for costs of presuppression and fire management activities in
849 any year may not exceed the county's assessment under Subsection [ 65A-8-6.2 ]
850 65A-8-205 (2)(a).
851 (3) (a) In lieu of making a disbursement from the fund for a county's costs of
852 presuppression and fire management activities, the county may be given a credit against its
853 assessment under Subsection [ 65A-8-6.2 ] 65A-8-205 (2)(a) equal to those costs.
854 (b) The credit may not exceed the county's assessment under Subsection [ 65A-8-6.2 ]
855 65A-8-205 (2)(a).
856 (4) The total amount of money in the fund that may be allocated to cover costs of
857 presuppression and fire management activities initiated by counties may not exceed the
858 legislative appropriation to the fund for those costs.
859 Section 24. Section 65A-8-209 , which is renumbered from Section 65A-8-7 is
860 renumbered and amended to read:
861 [65A-8-7]. 65A-8-209. Responsibilities of county sheriffs and district fire
862 wardens in controlling fires.

863 (1) In those counties not directly participating in the state wildland fire protection
864 organization by cooperative agreement as provided in this chapter, the county sheriff shall take
865 appropriate action to suppress uncontrolled fires on state or private lands.
866 (2) In all cases the sheriff shall:
867 (a) report, as prescribed by the state forester, on wildland fire control action;
868 (b) investigate and report fire causes; and
869 (c) enforce the provisions of this chapter either independently or in cooperation with
870 the state forester.
871 (3) In those counties participating in the state wildland fire protection organization by
872 cooperative agreement, the primary responsibility for fire control is delegated to the district fire
873 warden, who is designated by the state forester.
874 (4) The county sheriff and his organization shall maintain cooperative support of the
875 fire control organization.
876 Section 25. Section 65A-8-210 , which is renumbered from Section 65A-8-8 is
877 renumbered and amended to read:
878 [65A-8-8]. 65A-8-210. Fire control on state-owned lands -- Responsibilities of
879 state agencies.
880 (1) The division shall abate the public nuisance caused by uncontrolled fire on
881 state-owned forest, range, and watershed lands.
882 (2) (a) State agencies responsible for the administration of state-owned lands shall
883 recognize the need for providing wildland fire protection and the responsibility for sharing the
884 costs.
885 (b) Those agencies shall annually allocate funds to the division in amounts as are
886 determined to be fair and equitable proportionate costs for providing a basic level of fire
887 protection.
888 (c) The amount of protection costs shall be negotiated by the respective land agencies
889 and the division.
890 Section 26. Section 65A-8-211 , which is renumbered from Section 65A-8-9 is
891 renumbered and amended to read:
892 [65A-8-9]. 65A-8-211. Closed fire season -- Notice -- Violations -- Burning
893 permits -- Personal liability -- Exemptions from burning permits.

894 (1) (a) The period from June 1 to October 31 of each year is a closed fire season
895 throughout the state.
896 (b) The state forester may advance or extend the closed season wherever and whenever
897 that action is necessary.
898 (c) The alteration of the closed season [shall be] is done by posting the appropriate
899 proclamation in the courthouse of each county seat for at least seven days in advance of the
900 date the change is effective.
901 (2) During the closed season it is a class B misdemeanor to set on fire, or cause to be
902 set on fire, any [inflammable] flammable material on any forest, brush, range, grass, grain,
903 stubble, or hay land without:
904 (a) first securing a written permit from the state forester or a designated deputy; and
905 (b) complying fully with the terms and conditions prescribed by the permit.
906 (3) [It is the duty of the] The district fire warden appointed by the state forester[,] or
907 the county sheriff in nonparticipating counties[, to] shall issue burning permits using the form
908 prescribed by the division.
909 (4) (a) The burning permit does not relieve an individual from personal liability due to
910 neglect or incompetence.
911 (b) [If a] A fire [escapes] escaping control of the permittee [and] that necessitates fire
912 control action or does injury to the property of another[, this may be held] is prima facie
913 evidence that the fire was not safe.
914 (5) The state forester, his deputies, and the county sheriffs may refuse, revoke,
915 postpone, or cancel permits when they find it necessary in the interest of public safety.
916 (6) (a) A burning permit is not required for the burning of fence lines on cultivated
917 lands, canals, or irrigation ditches if:
918 (i) the burning does not pose a threat to forest, range, or watershed lands;
919 (ii) due care is used in the control of the burning; and
920 (iii) the individual notifies the nearest fire department of the approximate time the
921 burning will occur.
922 (b) Failure to notify the nearest fire department of the burning as required by this
923 section is a class B misdemeanor.
924 (7) A burning conducted in accordance with Subsection (6) is not a reckless burning

925 under Section 76-6-104 unless the fire escapes control and requires fire control action.
926 Section 27. Section 65A-8-212 , which is renumbered from Section 65A-8-10 is
927 renumbered and amended to read:
928 [65A-8-10]. 65A-8-212. Power of state forester to close hazardous areas --
929 Violations of an order closing an area.
930 (1) (a) If the state forester finds conditions in a given area in the state to be extremely
931 hazardous, he shall close those areas to any forms of use by the public, or to limit that use.
932 (b) The closure shall include the prohibition of open fires for the period of time he
933 finds necessary.
934 (2) Nothing in this chapter prohibits any resident within the area from full and free
935 access to his home or property, or any legitimate use by the owner or lessee of the property.
936 (3) The order or proclamation closing or limiting the use in the area shall set forth:
937 (a) the exact area coming under the order;
938 (b) the date when the order becomes effective; and
939 (c) if advisable, the authority from whom permits for entry into the area may be
940 obtained.
941 (4) Any entry into or use of any area in violation of this section is a class B
942 misdemeanor.
943 Section 28. Section 65A-8-301 , which is renumbered from Section 63-11-57 is
944 renumbered and amended to read:
945 Part 3. Heritage Trees
946 [63-11-57]. 65A-8-301. Legislative finding and purpose.
947 (1) The Legislature finds the health and welfare of the people of the state require the
948 preservation of certain rare, or threatened, or vanishing species of trees to preserve the state's
949 scenic beauty and preserve its historic past as it relates to such trees.
950 (2) It is the intent of this [act] part to retain as many heritage trees as possible
951 consistent with the reasonable and economic enjoyment of private property.
952 Section 29. Section 65A-8-302 , which is renumbered from Section 63-11-58 is
953 renumbered and amended to read:
954 [63-11-58]. 65A-8-302. Definitions.
955 As used in this [act] part:

956 (1) "Alter" means to change the configuration of a heritage tree by pruning, trimming,
957 topping, cutting, or by any other means.
958 (2) "Committee" means the Heritage Trees Advisory Committee.
959 (3) "Division" means the Division of Forestry, Fire and State Lands.
960 (4) "Heritage tree" means any tree or group of trees designated as such by the division,
961 in accordance with the following criteria:
962 (a) any live tree or group of trees indigenous to the state, or which has adapted
963 exceptionally well to the climatic conditions of the state, or is one of a kind;
964 (b) any tree or group of trees that has exceptional national, state, or local historic
965 significance;
966 (c) any tree or group of trees which has an exceptional size or exceptional form for its
967 species;
968 (d) any tree or group of trees which has an exceptional age for its species; or
969 (e) any tree or group of trees in the state which is the sole representative of its species.
970 (5) "Person" means any individual, partnership, corporation, or association.
971 Section 30. Section 65A-8-303 , which is renumbered from Section 63-11-59 is
972 renumbered and amended to read:
973 [63-11-59]. 65A-8-303. Application to alter or remove trees.
974 (1) Any person that desires to alter or remove one or more heritage trees from any
975 public property within this state shall before altering or removing any such tree make
976 application to the division on forms prescribed by it.
977 (2) An application for alteration or removal shall be filed with the division at least 60
978 days before the actual alteration or removal of any such trees.
979 (3) The application shall state:
980 (a) the name of the applicant[,];
981 (b) the number, location, and species of the trees proposed to be altered or removed[,];
982 (c) the reason for alteration or removal[,]; and [such]
983 (d) other information as the division may reasonably require.
984 Section 31. Section 65A-8-304 , which is renumbered from Section 63-11-60 is
985 renumbered and amended to read:
986 [63-11-60]. 65A-8-304. Guidelines and standards for granting or denying

987 applications to alter or remove trees.
988 (1) The committee shall develop published guidelines and standards to be used by the
989 board in granting or denying applications for the alteration or removal of heritage trees.
990 (2) In addition to the guidelines and standards developed by the committee, the
991 division shall consider the following criteria in granting or denying an application:
992 [(1)] (a) the physical condition of the heritage tree or trees with respect to:
993 (i) insect infestation[,];
994 (ii) disease[,];
995 (iii) danger of falling[,];
996 (iv) proximity to existing or proposed structures; and
997 (v) interference with utility services;
998 [(2)] (b) the necessity of alteration or removal of the heritage tree or trees in order to
999 construct proposed improvements and allow economic enjoyment of property;
1000 [(3)] (c) the topography of the land and the effect of removal of the heritage tree or
1001 trees on:
1002 (i) erosion[,];
1003 (ii) soil retention; and
1004 (iii) the diversion or increased flow of surface waters resultant upon alteration or
1005 removal;
1006 [(4)] (d) the number of heritage trees existing in the neighborhood on improved
1007 property [and];
1008 (e) the effect alteration or removal would have on established standards and property
1009 values in the area; and
1010 [(5)] (f) the number of heritage trees the particular parcel can support according to
1011 good forestry practices.
1012 Section 32. Section 65A-8-305 , which is renumbered from Section 63-11-60.3 is
1013 renumbered and amended to read:
1014 [63-11-60.3]. 65A-8-305. Powers of division.
1015 The division may:
1016 (1) grant or deny applications for designation of heritage trees from individuals, local
1017 shade tree commissions, or local governments;

1018 (2) grant or deny applications for alteration or removal of heritage trees;
1019 (3) acquire land if one or more heritage trees are located on the land;
1020 (4) accept gifts, bequests, or donations; and
1021 (5) determine policies necessary to carry out this [act] part.
1022 Section 33. Section 65A-8-306 , which is renumbered from Section 63-11-60.4 is
1023 renumbered and amended to read:
1024 [63-11-60.4]. 65A-8-306. Heritage trees advisory committee -- Members --
1025 Officers -- Expenses -- Functions.
1026 (1) There is created a Heritage Trees Advisory Committee composed of five persons
1027 appointed by the division from among persons who are members of the Utah [Association of
1028 Shade Tree Commissions] Community Forestry Council.
1029 (2) (a) Except as required by Subsection (2)(b), as terms of current committee members
1030 expire, the division shall appoint each new member or reappointed member to a four-year term.
1031 (b) Notwithstanding the requirements of Subsection (2)(a), the division shall, at the
1032 time of appointment or reappointment, adjust the length of terms to ensure that the terms of
1033 committee members are staggered so that approximately half of the committee is appointed
1034 every two years.
1035 [(c) No two members shall be appointed from the same city.]
1036 (3) When a vacancy occurs in the membership for any reason, the replacement shall be
1037 appointed for the unexpired term.
1038 (4) (a) The committee shall elect a chair who is responsible to call and conduct
1039 meetings.
1040 (b) Three members present at a duly called meeting constitute a quorum for the
1041 transaction of official business.
1042 (c) Members of the committee may meet as often as considered necessary.
1043 (d) The urban forestry staff person of the division shall serve as secretary to the
1044 committee.
1045 (5) (a) Members shall receive no compensation or benefits for their services, but may
1046 receive per diem and expenses incurred in the performance of the member's official duties at
1047 the rates established by the Division of Finance under Sections 63A-3-106 and 63A-3-107 .
1048 (b) Members may decline to receive per diem and expenses for their service.

1049 (6) The committee shall:
1050 (a) publish guidelines for division use in granting or denying applications for the
1051 designation of heritage trees;
1052 (b) publish an annual register of designated heritage trees and distribute it to public
1053 utilities, tree service companies, municipal forestry and parks departments, and the public; and
1054 (c) develop a system for visibly identifying designated heritage trees.
1055 Section 34. Section 65A-8-307 , which is renumbered from Section 63-11-61 is
1056 renumbered and amended to read:
1057 [63-11-61]. 65A-8-307. Exemption for emergency or permit.
1058 This [act] part shall not apply to any emergency when heritage trees constitute a danger
1059 to life or property, or to any person whose application for alteration or removal of a heritage
1060 tree has been granted by the division.
1061 Section 35. Section 65A-8-308 , which is renumbered from Section 63-11-64 is
1062 renumbered and amended to read:
1063 [63-11-64]. 65A-8-308. Enforcement -- Prosecution of violations.
1064 (1) County sheriffs, police, and other law enforcement officers within their respective
1065 jurisdictions are responsible for the enforcement of this [act] part.
1066 (2) The county attorney or district attorney shall prosecute any violation of this [act]
1067 part.
1068 Section 36. Section 65A-8-309 , which is renumbered from Section 63-11-65 is
1069 renumbered and amended to read:
1070 [63-11-65]. 65A-8-309. Injury -- Violation of part -- Misdemeanor.
1071 Any person who willfully or maliciously alters, injures, damages, or causes death of a
1072 heritage tree or who otherwise violates this [act] part is guilty of a class B misdemeanor.
1073 Section 37. Section 73-1-4 is amended to read:
1074 73-1-4. Reversion to the public by abandonment or forfeiture for nonuse within
1075 five years -- Extension of time.
1076 (1) (a) In order to further the state policy of securing the maximum use and benefit of
1077 its scarce water resources, a person entitled to the use of water has a continuing obligation to
1078 place all of a water right to beneficial use.
1079 (b) The forfeiture of all or part of any right to use water for failure to place all or part of

1080 the water to beneficial use makes possible the allocation and use of water consistent with long
1081 established beneficial use concepts.
1082 (c) The provisions of Subsections (2) through (6) shall be construed to carry out the
1083 purposes and policies set forth in this Subsection (1).
1084 (2) As used in this section, "public water supply entity" means an entity that supplies
1085 water as a utility service or for irrigation purposes and is also:
1086 (a) a municipality, water conservancy district, metropolitan water district, irrigation
1087 district created under Section 17A-2-701.5 , or other public agency;
1088 (b) a water company regulated by the Public Service Commission; or
1089 (c) any other owner of a community water system.
1090 (3) (a) When an appropriator or the appropriator's successor in interest abandons or
1091 ceases to use all or a portion of a water right for a period of five years, the water right or the
1092 unused portion of that water right ceases and the water reverts to the public, unless, before the
1093 expiration of the five-year period, the appropriator or the appropriator's successor in interest
1094 files a verified nonuse application with the state engineer.
1095 (b) (i) A nonuse application may be filed on all or a portion of the water right,
1096 including water rights held by mutual irrigation companies.
1097 (ii) Public water supply entities that own stock in a mutual water company, after giving
1098 written notice to the water company, may file nonuse applications with the state engineer on
1099 the water represented by the stock.
1100 (c) (i) A water right or a portion of the water right may not be forfeited unless a judicial
1101 action to declare the right forfeited is commenced within 15 years from the end of the latest
1102 period of nonuse of at least five years.
1103 (ii) If forfeiture is asserted in an action for general determination of rights in
1104 conformance with the provisions of Chapter 4, Determination of Water Rights, the 15-year
1105 limitation period shall commence to run back in time from the date the state engineer's
1106 proposed determination of rights is served upon each claimant.
1107 (iii) A decree entered in an action for general determination of rights under Chapter 4,
1108 Determination of Water Rights, shall bar any claim of forfeiture for prior nonuse against any
1109 right determined to be valid in the decree, but shall not bar a claim for periods of nonuse that
1110 occur after the entry of the decree.

1111 (iv) A proposed determination by the state engineer in an action for general
1112 determination of rights under Chapter 4, Determination of Water Rights, shall bar any claim of
1113 forfeiture for prior nonuse against any right proposed to be valid, unless a timely objection has
1114 been filed within the time allowed in Chapter 4, Determination of Water Rights.
1115 (d) The extension of time to resume the use of that water may not exceed five years
1116 unless the time is further extended by the state engineer.
1117 (e) The provisions of this section are applicable whether the unused or abandoned
1118 water or a portion of the water is permitted to run to waste or is used by others without right
1119 with the knowledge of the water right holder, provided that the use of water pursuant to a lease
1120 or other agreement with the appropriator or the appropriator's successor shall be considered to
1121 constitute beneficial use.
1122 (f) The provisions of this section shall not apply:
1123 (i) to those periods of time when a surface water source fails to yield sufficient water to
1124 satisfy the water right, or when groundwater is not available because of a sustained drought;
1125 (ii) to water stored in reservoirs pursuant to an existing water right, where the stored
1126 water is being held in storage for present or future use; or
1127 (iii) when a water user has beneficially used substantially all of a water right within a
1128 five-year period, provided that this exemption shall not apply to the adjudication of a water
1129 right in a general determination of water rights under Chapter 4, Determination of Water
1130 Rights.
1131 (g) Groundwater rights used to supplement the quantity or quality of other water
1132 supplies may not be subject to loss or reduction under this section if not used during periods
1133 when the other water source delivers sufficient water so as to not require use of the
1134 supplemental groundwater.
1135 (4) (a) The state engineer shall furnish an application requiring the following
1136 information:
1137 (i) the name and address of the applicant;
1138 (ii) a description of the water right or a portion of the water right, including the point of
1139 diversion, place of use, and priority;
1140 (iii) the date the water was last diverted and placed to beneficial use;
1141 (iv) the quantity of water;

1142 (v) the period of use;
1143 (vi) the extension of time applied for;
1144 (vii) a statement of the reason for the nonuse of the water; and
1145 (viii) any other information that the state engineer requires.
1146 (b) Filing the application extends the time during which nonuse may continue until the
1147 state engineer issues his order on the nonuse application.
1148 (c) (i) Upon receipt of the application, the state engineer shall publish a notice of the
1149 application once a week for two successive weeks in a newspaper of general circulation in the
1150 county in which the source of the water supply is located and where the water is to be used.
1151 (ii) The notice shall:
1152 (A) state that an application has been made; and
1153 (B) specify where the interested party may obtain additional information relating to the
1154 application.
1155 (d) Any interested person may file a written protest with the state engineer against the
1156 granting of the application:
1157 (i) within 20 days after the notice is published, if the adjudicative proceeding is
1158 informal; and
1159 (ii) within 30 days after the notice is published, if the adjudicative proceeding is
1160 formal.
1161 (e) In any proceedings to determine whether the application for extension should be
1162 approved or rejected, the state engineer shall follow the procedures and requirements of Title
1163 63, Chapter 46b, Administrative Procedures Act.
1164 (f) After further investigation, the state engineer may approve or reject the application.
1165 (5) (a) Nonuse applications on all or a portion of a water right shall be granted by the
1166 state engineer for periods not exceeding five years each, upon a showing of reasonable cause
1167 for nonuse.
1168 (b) Reasonable causes for nonuse include:
1169 (i) demonstrable financial hardship or economic depression;
1170 (ii) the initiation of recognized water conservation or efficiency practices, or the
1171 operation of a groundwater recharge recovery program approved by the state engineer;
1172 (iii) operation of legal proceedings;

1173 (iv) the holding of a water right or stock in a mutual water company without use by any
1174 public water supply entity to meet the reasonable future requirements of the public;
1175 (v) situations where, in the opinion of the state engineer, the nonuse would assist in
1176 implementing an existing, approved water management plan;
1177 (vi) situations where all or part of the land on which water is used is contracted under
1178 an approved state agreement or federal conservation fallowing program;
1179 (vii) the loss of capacity caused by deterioration of the water supply or delivery
1180 equipment if the applicant submits, with the application, a specific plan to resume full use of
1181 the water right by replacing, restoring, or improving the equipment; or
1182 (viii) any other reasonable cause.
1183 (6) (a) Sixty days before the expiration of any extension of time, the state engineer
1184 shall notify the applicant by [registered] mail or by any form of electronic communication
1185 through which receipt is verifiable, of the date when the extension period will expire.
1186 (b) Before the date of expiration, the applicant shall either:
1187 (i) file a verified statement with the state engineer setting forth the date on which use of
1188 the water was resumed, and whatever additional information is required by the state engineer;
1189 or
1190 (ii) apply for a further extension of time in which to resume use of the water according
1191 to the procedures and requirements of this section.
1192 (c) Upon receipt of the applicant's properly completed, verified statement, the state
1193 engineer shall conduct investigations necessary to verify that beneficial use has resumed and, if
1194 so, shall issue a certificate of resumption of use of the water as evidenced by the resumed
1195 beneficial use.
1196 (7) The appropriator's water right or a portion of the water right ceases and the water
1197 reverts to the public if the:
1198 (a) appropriator or the appropriator's successor in interest fails to apply for an
1199 extension of time;
1200 (b) state engineer denies the nonuse application; or
1201 (c) appropriator or the appropriator's successor in interest fails to apply for a further
1202 extension of time.
1203 Section 38. Section 73-2-4 is amended to read:

1204 73-2-4. Deputy and assistants -- Employment and salaries -- Purchase of
1205 equipment and supplies.
1206 For the purpose of performing the duties of his office the state engineer may [appoint a
1207 chief]:
1208 (1) employ a deputy[, employ] and all necessary assistants[,];
1209 (2) fix [their] division employee's salaries in accordance with salary standards adopted
1210 by the Department of Finance; and
1211 (3) purchase all necessary equipment and supplies.
1212 Section 39. Section 73-2-25 is amended to read:
1213 73-2-25. State engineer enforcement powers.
1214 (1) For purposes of this section, "initial order" means one of the following issued by
1215 the state engineer:
1216 (a) a notice of violation; or
1217 (b) a cease and desist order.
1218 (2) (a) The state engineer may commence an enforcement action under this section if
1219 the state engineer finds that a person:
1220 (i) is diverting, impounding, or using water for which no water right has been
1221 established;
1222 (ii) is diverting, impounding, or using water in violation of an existing water right;
1223 (iii) violates Section 73-5-4 ;
1224 (iv) violates Section 73-5-9 ;
1225 (v) violates a written distribution order from the state engineer;
1226 (vi) violates an order issued under Section 73-3-29 regarding the alteration of the bed
1227 or bank of a natural stream channel; or
1228 (vii) violates a notice or order regarding dam safety issued under Chapter 5a, Dam
1229 Safety.
1230 (b) To commence an enforcement action under this section, the state engineer shall
1231 issue an initial order, which shall include:
1232 (i) a description of the violation;
1233 (ii) notice of any penalties to which a person may be subject under Section 73-2-26 ;
1234 and

1235 (iii) notice that the state engineer may treat each day's violation of the provisions listed
1236 in Subsection (2)(a) as a separate violation under Subsection 73-2-26 (1)(d).
1237 (c) The state engineer's issuance and enforcement of an initial order is exempt from
1238 Title 63, Chapter 46b, Administrative Procedures Act.
1239 (3) In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act, the
1240 state engineer shall make rules necessary to enforce an initial order, which shall include:
1241 (a) provisions consistent with this section and Section 73-2-26 for enforcement of the
1242 initial order if a person to whom an initial order is issued fails to respond to the order or abate
1243 the violation;
1244 (b) the right to a hearing, upon request by a person against whom an initial order is
1245 issued; and
1246 (c) provisions for timely issuance of a final order after:
1247 (i) the person to whom the initial order is issued fails to respond to the order or abate
1248 the violation; or
1249 (ii) a hearing held under Subsection (3)(b).
1250 (4) A person may not intervene in an enforcement action commenced under this
1251 section.
1252 (5) After issuance of a final order under rules made pursuant to Subsection (3)(c), the
1253 state engineer shall serve a copy of the final order on the person against whom the order is
1254 issued by:
1255 (a) personal service under Utah Rules of Civil Procedure 5; or
1256 (b) certified mail.
1257 (6) (a) The state engineer's final order may be reviewed by trial de novo by the district
1258 court in:
1259 (i) Salt Lake County; or
1260 (ii) the county where the violation occurred.
1261 (b) A person shall file a petition for judicial review of the state engineer's final order
1262 issued under this section within 20 days from the day on which the final order was served on
1263 that person.
1264 (7) The state engineer may bring suit in a court of competent jurisdiction to enforce a
1265 final order issued under this section.

1266 (8) If the state engineer prevails in an action brought under Subsection (6)(b) or (7), the
1267 state may recover all court costs and a reasonable attorney fee.
1268 Section 40. Section 73-3-8 is amended to read:
1269 73-3-8. Approval or rejection of application -- Requirements for approval --
1270 Application for specified period of time -- Filing of royalty contract for removal of salt or
1271 minerals.
1272 (1) (a) It shall be the duty of the state engineer to approve an application if: [(a)]
1273 (i) there is unappropriated water in the proposed source; [(b)]
1274 (ii) the proposed use will not impair existing rights or interfere with the more
1275 beneficial use of the water; [(c)]
1276 (iii) the proposed plan is physically and economically feasible, unless the application is
1277 filed by the United States Bureau of Reclamation, and would not prove detrimental to the
1278 public welfare; [(d)]
1279 (iv) the applicant has the financial ability to complete the proposed works; and [(e)]
1280 (v) the application was filed in good faith and not for purposes of speculation or
1281 monopoly.
1282 (b) (i) If the state engineer, because of information in [his] the state engineer's
1283 possession obtained either by [his] the state engineer's own investigation or otherwise, has
1284 reason to believe that an application to appropriate water will interfere with its more beneficial
1285 use for irrigation, domestic or culinary, stock watering, power or mining development, or
1286 manufacturing, or will unreasonably affect public recreation or the natural stream environment,
1287 or will prove detrimental to the public welfare, it is [his] the state engineer's duty to withhold
1288 [his] approval or rejection of the application until [he] the state engineer has investigated the
1289 matter.
1290 (ii) If an application does not meet the requirements of this section, it shall be rejected.
1291 (2) (a) An application to appropriate water for industrial, power, mining development,
1292 manufacturing purposes, agriculture, or municipal purposes may be approved for a specific and
1293 certain period from the time the water is placed to beneficial use under the application, but in
1294 no event may an application be granted for a period of time less than that ordinarily needed to
1295 satisfy the essential and primary purpose of the application or until the water is no longer
1296 available as determined by the state engineer.

1297 (b) At the expiration of the period fixed by the state engineer the water shall revert to
1298 the public and is subject to appropriation as provided by [Title 73. The] this title.
1299 (c) No later than 60 calendar days before the expiration date of the fixed time period,
1300 the state engineer shall send notice by mail or by any form of electronic communication
1301 through which receipt is verifiable, to the applicant of record.
1302 (d) Except as provided by Subsection (2)(e), the state engineer may extend any limited
1303 water right upon a showing that:
1304 (i) the essential purpose of the original application has not been satisfied[, that];
1305 (ii) the need for an extension is not the result of any default or neglect by the
1306 applicant[,]; and [that]
1307 (iii) the water is still available[; except no].
1308 (e) No extension shall exceed the time necessary to satisfy the primary purpose of the
1309 original application.
1310 (f) A request for extension of the fixed time period must be filed in writing in the
1311 office of the state engineer [not later than 60 days] on or before the expiration date of the
1312 application.
1313 (3) (a) Before the approval of any application for the [appropriations] appropriation of
1314 water from navigable lakes or streams of the state [which] that contemplates the recovery of
1315 salts and other minerals therefrom by precipitation or otherwise, the applicant shall file with the
1316 state engineer a copy of a contract for the payment of royalties to the state [of Utah].
1317 (b) The approval of an application shall be revoked in the event of the failure of the
1318 applicant to comply with terms of [his] the royalty contract.
1319 Section 41. Section 73-3-12 is amended to read:
1320 73-3-12. Time limit on construction and application to beneficial use --
1321 Extensions -- Procedures and criteria.
1322 (1) As used in this section, "public agency" means:
1323 (a) a public water supply agency of the state or a political subdivision of the state; or
1324 (b) the Bureau of Reclamation.
1325 (2) (a) The construction of the works and the application of water to beneficial use
1326 shall be diligently prosecuted to completion within the time fixed by the state engineer.
1327 (b) Extensions of time, not exceeding 50 years from the date of approval of the

1328 application, except as provided in Subsection (2)(c), may be granted by the state engineer on
1329 proper showing of diligence or reasonable cause for delay.
1330 (c) Additional extensions of time, beyond 50 years, may be granted by the state
1331 engineer on applications held by any public agency, if the public agency can demonstrate the
1332 water will be needed to meet the reasonable future requirements of the public.
1333 (d) All requests for extension of time [shall be made by signed statement and] shall be
1334 filed in the office of the state engineer on or before the date fixed for filing proof of
1335 appropriation.
1336 (e) Extensions not exceeding 14 years after the date of approval may be granted by the
1337 state engineer upon a sufficient showing [by signed statement], but extensions beyond 14 years
1338 shall be granted only after application and publication of notice.
1339 (f) (i) The state engineer shall publish a notice of the application once a week for two
1340 successive weeks, in a newspaper of general circulation, in the county in which the source of
1341 the water supply is located and where the water is to be used.
1342 (ii) The notice shall:
1343 (A) state that an application has been made; and
1344 (B) specify where the interested party may obtain additional information relating to the
1345 application.
1346 (g) Any person who owns a water right from the source of supply referred to in
1347 Subsection (2)(f) or holds an application from that source of supply may file a protest with the
1348 state engineer:
1349 (i) within 20 days after the notice is published, if the adjudicative proceeding is
1350 informal; and
1351 (ii) within 30 days after the notice is published, if the adjudicative proceeding is
1352 formal.
1353 (h) In considering an application to extend the time in which to place water to
1354 beneficial use under an approved application, the state engineer shall deny the extension and
1355 declare the application lapsed, unless the applicant affirmatively shows that the applicant has
1356 exercised or is exercising reasonable and due diligence in working toward completion of the
1357 appropriation.
1358 (i) (i) If reasonable and due diligence is shown by the applicant, the state engineer shall

1359 approve the extension.
1360 (ii) The approved extension is effective so long as the applicant continues to exercise
1361 reasonable diligence in completing the appropriation.
1362 (j) (i) The state engineer shall consider the holding of an approved application by any
1363 public agency to meet the reasonable future requirements of the public to be reasonable and
1364 due diligence within the meaning of this section for the first 50 years.
1365 (ii) The state engineer may approve extensions beyond 50 years for a public agency, if
1366 the agency provides information sufficient to demonstrate the water will be needed to meet the
1367 reasonable future requirements of the public.
1368 (k) If the state engineer finds unjustified delay or lack of diligence in prosecuting the
1369 works to completion, the state engineer may deny the extension or may grant the request in part
1370 or upon conditions, including a reduction of the priority of all or part of the application.
1371 (3) (a) Except as provided in Subsections (3)(b) and (c), an application upon which
1372 proof has not been submitted shall lapse and have no further force or effect after the expiration
1373 of 50 years from the date of its approval.
1374 (b) If the works are constructed with which to make beneficial use of the water applied
1375 for, the state engineer may, upon showing of that fact, grant additional time beyond the 50-year
1376 period in which to make proof.
1377 (c) An application held by a public agency to meet the reasonable future requirements
1378 of the public, for which proof of appropriation has not been submitted, shall lapse, unless
1379 extended as provided in Subsection (2)(j).
1380 Section 42. Section 73-3b-206 is amended to read:
1381 73-3b-206. Lapse of recovery permit.
1382 A recovery permit will lapse if the recovery project is not completed within [two] five
1383 years from the date of approval unless the applicant requests an extension of time to complete
1384 the project and the state engineer approves the request.
1385 Section 43. Section 73-4-3 is amended to read:
1386 73-4-3. Procedure for action to determine rights -- Notice to and list of claimants
1387 -- Manner of giving notice of further proceedings -- Duties of engineer -- Survey -- Notice
1388 of completion.
1389 (1) Upon the filing of any action by the state engineer as provided in Section 73-4-1 , or

1390 by any person [or persons] claiming the right to [the] use [of] the waters of any river system,
1391 lake, underground water basin, or other natural source of supply[, which] that involves a
1392 determination of the rights to the major part of the water of [such] the source of supply or the
1393 rights of ten or more of the claimants of [such] the source of supply, the clerk of the district
1394 court shall notify the state engineer that [such] a suit has been filed.
1395 (2) (a) The state engineer then shall give notice to the claimants by publishing notice
1396 once a week for two consecutive weeks in a newspaper designated by the court as most likely
1397 to give notice to such claimants.
1398 (b) The notice shall [set forth that] state: [such]
1399 (i) an action has been filed;
1400 (ii) the name of the action [and];
1401 (iii) the name and location of the court in which the action is pending; and
1402 (iv) the name or description of the water source involved[; and shall require claimants].
1403 (c) Claimants to the use of water [therefrom to] shall notify the state engineer within 90
1404 days from the date notice is given of their names and addresses.
1405 (d) After the expiration of 90 days, the state engineer shall prepare a list [which] that
1406 shall include the names and addresses of all claimants then of record in [his] the state
1407 engineer's office and all claimants who have notified the state engineer of their addresses, and
1408 this list shall be certified by the state engineer as complete and filed with the clerk of the court.
1409 (e) The court upon petition may by order permit the addition of names and addresses to
1410 this list at any time during the pendency of the action, and the clerk of the court may, without
1411 court order, upon notice from the claimant note any change of address.
1412 (f) If any claimant appears in this action by an attorney, the clerk shall note on the list
1413 the address of the attorney.
1414 (g) After the list is filed by the state engineer, notice of further proceedings, after
1415 service of summons, may be given without court order by mailing a copy thereof to the persons
1416 listed at the addresses listed and by mailing a copy thereof to any attorney of record for any
1417 such person, and notice may be given to such listed persons and to all other claimants by
1418 publication in the manner and for the time prescribed by order of the district court. [When
1419 such]
1420 (3) After the statement or list [shall have been] is filed, the state engineer shall begin

1421 the survey of the water source and the ditches, canals, wells, tunnels, or other works diverting
1422 water therefrom[; and as].
1423 (4) (a) As soon as [this] the survey [has been completed,] is complete, the state
1424 engineer shall file notice of completion with the clerk and give notice by [registered] mail or by
1425 personal service to all claimants whose names appear on the list that:
1426 (i) the survey [has been completed and that] is complete;
1427 (ii) their claims are due within 90 days from the date of notice[,]; and
1428 (iii) within 90 days after [such] service of [such] the notice, each claimant must file a
1429 written statement with the clerk of the court setting forth [his] the claimant's respective claim to
1430 the use of [such] the water.
1431 (b) Notice given by mail [shall be] is complete when the notice is mailed.
1432 (5) When [such] a suit has been filed by the state engineer as provided by Section
1433 73-4-1 , or by any person [or persons] involving the major part of the waters of any river
1434 system, lake, underground water basin, or other source of supply, or the rights of ten or more of
1435 the water claimants of [such] the source of supply, whether [such] the suit is filed prior to or
1436 after the enactment hereof, [it shall be the duty of] the state engineer, upon receiving notice
1437 [thereof to], shall examine the records of [his] the state engineer's office with respect to the
1438 water source involved, and if they are incomplete to make such further investigation and survey
1439 as may be necessary for the preparation of the report and recommendation as required by
1440 Section 73-4-11 .
1441 (6) In all such cases the court shall proceed to determine the water rights involved in
1442 the manner provided by this chapter, and not otherwise.
1443 Section 44. Section 73-4-4 is amended to read:
1444 73-4-4. Summons -- Service -- Publication -- Form -- Delivery of form for
1445 claimant's statement.
1446 (1) (a) Claimants whose names appear on the list prescribed by [the next preceding
1447 section] Section 73-4-3 at the time the list is filed by the state engineer with the clerk of the
1448 court shall be served with a summons issued out of the district court and served as a summons
1449 is served in other civil cases.
1450 (b) Upon the filing by the state engineer of an affidavit that [he] the state engineer has
1451 searched the records of [his] the state engineer's office and has listed all names as required by

1452 Section 73-4-3 , and upon proof of publication of notice to all claimants to notify the state
1453 engineer of their names and addresses, summons may be served on all other persons and
1454 claimants not listed on said list by publication of summons, in a newspaper or newspapers
1455 designated by the judge of the court as most likely to give notice to the persons served, five
1456 times, once each week for five successive weeks.
1457 (c) Service of summons [to be] is completed upon the date of the publication.
1458 (d) The summons [in such cases] shall be substantially in the following form:
1459 In the District Court of .......... County, State of Utah, in the matter of the general
1460 adjudication of water rights in the described water source.
1461 SUMMONS
1462 The State of Utah to the said defendant:
1463 You are hereby summoned to appear and defend the above entitled action which is
1464 brought for the purpose of making a general determination of the water rights of the described
1465 water source. Upon the service of this summons upon you, you will thereafter be subject to the
1466 jurisdiction of the entitled court and it shall be your duty to follow further proceedings in the
1467 above entitled action and to protect your rights therein. When the state engineer has completed
1468 [his] the survey you will be given a further written notice, either in person or by [registered]
1469 mail, sent to your last-known address, that you must file a water users claim in this action
1470 setting forth the nature of your claim, and said notice will specify the date upon which your
1471 water users claim is due and thereafter you must file said claim within the time set and your
1472 failure so to do will constitute a default in the premises and a judgment may be entered against
1473 you declaring and adjudging that you have no right in or to the waters of described water
1474 source.
1475 (2) At the time the said notice of completion of survey is given, the state engineer must
1476 mail or otherwise deliver a form upon which the claimant shall present in writing, as provided
1477 in the next succeeding section, all the particulars relating to the appropriation of the water of
1478 said river system or water source to which [he] the claimant lays claim.
1479 Section 45. Section 73-4-11 is amended to read:
1480 73-4-11. Report and recommendation by engineer to court.
1481 (1) Within [thirty] 30 days after the expiration of the [60] 90 days allowed for filing
1482 statements of claims, the state engineer shall begin to tabulate the facts contained in the

1483 statements filed and to investigate, whenever [he] the state engineer shall [deem] consider
1484 necessary, the facts set forth in said statements by reference to the surveys already made or by
1485 further surveys, and shall as expeditiously as possible make a report to the court with [his] the
1486 recommendation of how all rights involved shall be determined.
1487 (2) After full consideration of the statements of claims, and of the surveys, records, and
1488 files, and after a personal examination of the river system or water source involved, if such
1489 examination is [deemed] considered necessary, the state engineer shall formulate a report and a
1490 proposed determination of all rights to the use of the water of such river system or water
1491 source, and a copy of the same shall be mailed [by regular mail] to each claimant with notice
1492 that any claimant dissatisfied therewith may within [ninety] 90 days from such date of mailing
1493 file with the clerk of the district court a written objection thereto duly verified on oath.
1494 (3) The state engineer shall distribute the waters from the natural streams or other
1495 natural sources in accordance with the proposed determination or modification thereof by court
1496 order until a final decree is rendered by the court; provided, if the right to the use of said waters
1497 has been theretofore decreed or adjudicated, said waters shall be distributed in accordance with
1498 such decree until the same is reversed, modified, vacated, or otherwise legally set aside.
1499 Section 46. Section 73-5-4 is amended to read:
1500 73-5-4. Controlling works and measuring devices.
1501 [Every] (1) To assist the state engineer or water commissioner in the regulation,
1502 distribution, and measurement of water, each person using water in this state shall construct or
1503 install and maintain [a substantial head gate, cap, valve or other] controlling works[, weir
1504 flume] and a measuring device at:
1505 (a) each [point] location where water is diverted [or turned out, for the purpose of
1506 regulating and measuring the quantity of water that may be used. Such controlling works or
1507 measuring device shall be of such design as the state engineer may approve and so that the
1508 same can be locked and kept set by him or his assistants; and such owner shall construct and
1509 maintain, when required by the state engineer, flumes or other measuring devices at such points
1510 along his ditch as may be necessary for the purpose of assisting the state engineer or his
1511 assistants in determining the amount of water that is to be diverted into his ditch from the
1512 stream or water source, or taken from it by the various users. Every] from a source; and
1513 (b) any other location required by the state engineer.

1514 (2) Each person using water in this state shall make the controlling works and
1515 measuring device accessible to the state engineer or water commissioner.
1516 (3) The state engineer shall approve the design of:
1517 (a) the measuring device; and
1518 (b) controlling works so that the state engineer or a water commissioner may regulate
1519 and lock the works.
1520 (4) (a) Each owner or manager of a reservoir [located across or upon the bed of a
1521 natural stream] shall construct and maintain[, when required] a measuring device as directed by
1522 the state engineer[, a flume or other measuring device of a plan to be approved by the state
1523 engineer, below such reservoir at a point approved by him, and a flume or measuring device
1524 above such reservoir on each stream or source of supply discharging into such reservoir, for the
1525 purpose of assisting the state engineer in determining the amount of water to which prior
1526 appropriators are entitled, and thereafter diverting it for such prior appropriators' use. If the
1527 owner of irrigation works, canals, reservoirs, wells, pumps or tunnels shall refuse or neglect] to
1528 measure the inflow, storage content, and outflow from the reservoir.
1529 (b) The state engineer shall approve the design and location of the measuring device.
1530 (c) The owner or manager of a reservoir shall make the measuring device accessible to
1531 the state engineer or water commissioner.
1532 (5) If a water user refuses or neglects to construct or install [such head gates, caps,
1533 valves, flumes] the controlling works or measuring [devices] device after [thirty] 30 days'
1534 notice to do so by the state engineer, the state engineer may:
1535 (a) forbid the use of water until the user [thereof shall comply with his] complies with
1536 the state engineer's requirement[, or the state engineer may proceed to construct or install or
1537 cause to be constructed or installed such controlling works or measuring devices, and the cost
1538 of the same shall be a lien against the lands and water rights served thereby, and the state
1539 engineer is authorized to bring action in the name of the state to foreclose such lien.]; and