2nd Sub.
S.B.
108
JOINT USE OF A CANAL OR DITCH
Senate Floor
Amendments
Amendment 1 February 16, 2011 9:04 AM
Senator Dennis E. Stowell proposes the following amendments:
1. Page 1, Line 9 :
9 This bill requires a person to negotiate in good faith to form a
written
contract before the use or
2. Page 1, Lines 13 through 19 :
13 . requires a person to negotiate in good faith to form a
written
contract before the use or
14 enlargement of another person's canal or ditch to convey water;
15 . prohibits a person seeking to use or enlarge another person's canal or ditch from
16 relying on the
{
right of way
}
right-of-way
provisions of Section
73-1-6
unless the person has, after
17 negotiating in good faith, failed to enter into a
written
contract;
18 . describes certain obligations of a person using another person's canal or ditch unless
19 otherwise agreed to by
written
contract; and
3. Page 2, Lines 32 through 40 :
32 (1) When [
with no existing shareholder or contractual rights in the canal or ditch
described in this Subsection (1)
desires to convey water for irrigation or any other beneficial
33 purpose and there is a canal or ditch already constructed that can be used or enlarged to convey
34 the required quantity of water, [
35 [
36 (a) the canal or ditch can be:
37 (i) used without displacing current users or exceeding free board capacity; or
38 (ii) enlarged to convey the required quantity of water necessary to deliver all water
39 authorized for delivery to
{
existing
}
authorized
users of the canal or ditch, provide adequate free
board
40 capacity, and carry the additional quantity of water requested by the person;
4. Page 3, Line 58 :
58 seeking to use or enlarge the canal or ditch shall negotiate in good faith to enter into a
written
contract
5. Page 3, Lines 64 through 74 :
64 (5) A person seeking to use or enlarge a canal or ditch in accordance with this section
65 may not rely on the
{
right of way
}
right-of-way
provisions of Section
73-1-6
against:
66
(a) an owner of the canal or ditch unless the person has:66
67 (i) attempted in good faith to enter into a
written
contract pursuant to Subsection 4(a); and
68 (ii) failed to enter into a
written
contract;
and
69 (b) a landowner whose land is encumbered by an easement related to the canal or ditch
70 if the carrying of additional water will expand the scope of the easement unless the person has:
71 (i) attempted in good faith to enter into a
written
contract pursuant to Subsection (4)(b); and
72 (ii) failed to enter into a
written
contract.
73 (6) Unless otherwise agreed to in the
written
contract referenced in Subsection (4)(a), a person
74 using an existing canal or ditch under this section:
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