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7 LONG TITLE
8 General Description:
9 This bill defines the state's public trust obligations and declares that certain water rights
10 constitute property rights protected by the Utah Constitution.
11 Highlighted Provisions:
12 This bill:
13 ▸ defines the state's public trust obligations;
14 ▸ declares that certain water rights constitute property rights protected by the Utah
15 Constitution; and
16 ▸ makes technical changes.
17 Money Appropriated in this Bill:
18 None
19 Other Special Clauses:
20 None
21 Utah Code Sections Affected:
22 AMENDS:
23 73-1-1, as last amended by Laws of Utah 2010, Chapter 410
24 ENACTS:
25 65A-15-101, Utah Code Annotated 1953
26 65A-15-102, Utah Code Annotated 1953
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28 Be it enacted by the Legislature of the state of Utah:
29 Section 1. Section 65A-15-101 is enacted to read:
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31 65A-15-101. Title.
32 This chapter is known as "State Public Trust Obligations."
33 Section 2. Section 65A-15-102 is enacted to read:
34 65A-15-102. State public trust obligations.
35 (1) The state's public trust obligations are limited to public trust obligations defined by:
36 (a) federal law applicable to the beds of navigable bodies of water as set forth in
37 Illinois Central Railroad v. Illinois, 146 U.S. 387 (1892);
38 (b) the Utah Constitution, including public trust obligations relating to state-owned
39 lands under Utah Constitution, Article XX, Section 1; and
40 (c) the Utah Code, including public trust obligations relating to:
41 (i) sovereign lands as defined in Section 65A-1-1; and
42 (ii) public ownership of water as described in Section 73-1-1.
43 (2) (a) The state does not recognize a public trust obligation that is not described in
44 Subsection (1).
45 (b) Nothing in this section is intended to limit the state's use of its police power in a
46 constitutional manner to protect public or private lands.
47 (3) In exercising a public trust obligation described in Subsection (1), the state may not
48 violate property protections of the Utah Constitution, including:
49 (a) Utah Constitution, Article I, Sections 1 and 22; and
50 (b) Utah Constitution, Article XVII, Section 1.
51 (4) (a) To the extent that a state public trust obligation related to public ownership of
52 water exists under Subsection (1)(c)(ii), the state fulfills its public trust obligation through
53 legislative enactment of laws regulating the use of water.
54 (b) An appropriation of water for beneficial use, made in accordance with applicable
55 law, satisfies the state's public trust obligation for that appropriation.
56 (c) In advancing a claimed public trust violation, neither the state nor any other party
57 may use the state's public trust obligation as grounds to reduce a quantity of water being put to
58 beneficial use under an appropriation made in accordance with applicable law.
59 (5) The state fulfills its public trust obligations related to public land through
60 legislative enactment of laws regulating public land.
61 Section 3. Section 73-1-1 is amended to read:
62 73-1-1. Waters declared property of public -- Property right related to water.
63 (1) All waters in this state, whether above or under the ground, are hereby declared to
64 be the property of the public, subject to all existing rights to the use thereof.
65 (2) The declaration of public ownership of water in Subsection (1) does not create or
66 recognize an easement for public recreational use on private property.
67 (3) The Legislature shall govern the use of public water for beneficial purposes, as
68 limited by constitutional protections for private property.
69 (4) The appropriation of water for beneficial use in accordance with applicable law
70 constitutes a property right protected under Utah Constitution, Article I, Sections 1 and 22, and
71 Article XVII, Section 1.
72 [
73 governed by Chapter 29, Public Waters Access Act.
Legislative Review Note
as of 6-17-14 11:42 AM
Office of Legislative Research and General Counsel