1     
CANAL SAFETY AMENDMENTS

2     
2017 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Scott D. Sandall

5     
Senate Sponsor: Margaret Dayton

6     

7     LONG TITLE
8     General Description:
9          This bill modifies provisions regarding notice to canal owners about land use
10     applications.
11     Highlighted Provisions:
12          This bill:
13          ▸     removes the requirement that a canal owner receive notice as a condition to rights
14     vesting in a land use application;
15          ▸     requires a land use authority to send notice to certain canal owners and operators
16     about a land use application;
17          ▸     requires a land use authority to wait for a period of days before acting on a land use
18     application in order to allow input from the canal owners and operators;
19          ▸     identifies a canal owner or operator who is entitled to notice from a land use
20     authority regarding certain land use applications; and
21          ▸     makes technical and conforming changes.
22     Money Appropriated in this Bill:
23          None
24     Other Special Clauses:
25          None
26     Utah Code Sections Affected:
27     AMENDS:
28          10-9a-211, as enacted by Laws of Utah 2010, Chapter 332
29          10-9a-509, as last amended by Laws of Utah 2014, Chapter 136
30          10-9a-603, as last amended by Laws of Utah 2015, Chapter 327
31          17-27a-211, as enacted by Laws of Utah 2010, Chapter 332
32          17-27a-508, as last amended by Laws of Utah 2014, Chapter 136
33          17-27a-603, as last amended by Laws of Utah 2015, Chapter 327
34          73-5-7, as last amended by Laws of Utah 2014, Chapter 355
35     

36     Be it enacted by the Legislature of the state of Utah:
37          Section 1. Section 10-9a-211 is amended to read:
38          10-9a-211. Canal owner or operator -- Notice to municipality.
39          (1) [For purposes of Subsection 10-9a-509(1)(b)(iv), a] A canal company or a canal
40     operator shall [provide on or before July 1, 2010, any] ensure that each municipality in which
41     the canal company or canal operator owns or operates a canal has on file, regarding the canal
42     company or canal operator:
43          (a) a current mailing address and phone number;
44          (b) a contact name; and
45          (c) a general description of the location of each canal owned or operated by the canal
46     owner or canal operator.
47          (2) If the information described in Subsection (1) changes after a canal company or a
48     canal operator has provided the information to the municipality, the canal company or canal
49     operator shall provide the correct information within 30 days of the day on which the
50     information [was changed] changes.
51          Section 2. Section 10-9a-509 is amended to read:
52          10-9a-509. Applicant's entitlement to land use application approval -- Exceptions
53     -- Application relating to land in a high priority transportation corridor -- Municipality's
54     requirements and limitations -- Vesting upon submission of development plan and
55     schedule.
56          (1) (a) (i) An applicant who has filed a complete land use application, including the
57     payment of all application fees, is entitled to substantive land use review of the land use
58     application under the land use laws in effect on the date that the application is complete and as
59     further provided in this section.
60          (ii) Except as provided in Subsection (1)(b), an applicant is entitled to approval of a
61     land use application if the application conforms to the requirements of the municipality's land
62     use maps, zoning map, a municipal specification for public improvements applicable to a
63     subdivision or development, and an applicable land use ordinance in effect when a complete
64     application is submitted and all application fees have been paid, unless:
65          (A) the land use authority, on the record, finds that a compelling, countervailing public
66     interest would be jeopardized by approving the application; or
67          (B) in the manner provided by local ordinance and before the application is submitted,
68     the municipality has formally initiated proceedings to amend its ordinances in a manner that
69     would prohibit approval of the application as submitted.
70          (b) (i) Except as provided in Subsection (1)(c), an applicant is not entitled to approval
71     of a land use application until the requirements of this Subsection (1)(b) have been met if the
72     land use application relates to land located within the boundaries of a high priority
73     transportation corridor designated in accordance with Section 72-5-403.
74          (ii) (A) A municipality shall notify the executive director of the Department of
75     Transportation of any land use applications that relate to land located within the boundaries of
76     a high priority transportation corridor.
77          (B) The notification under Subsection (1)(b)(ii)(A) shall be in writing and mailed by
78     certified or registered mail to the executive director of the Department of Transportation.
79          (iii) Except as provided in Subsection (1)(c), a municipality may not approve a land
80     use application that relates to land located within the boundaries of a high priority
81     transportation corridor until:
82          (A) 30 days after the notification under Subsection (1)(b)(ii)(A) is received by the
83     Department of Transportation if the land use application is for a building permit; or
84          (B) 45 days after the notification under Subsection (1)(b)(ii)(A) is received by the
85     Department of Transportation if the land use application is for any land use other than a
86     building permit.
87          [(iv) (A) If an application is an application for a subdivision approval, including any
88     land, subject to Subsection (1)(b)(iv)(C), located within 100 feet of the center line of a canal,
89     the land use authority shall:]
90          [(I) within 30 days after the day on which the application is filed, notify the canal
91     company or canal operator responsible for the canal, if the canal company or canal operator has
92     provided information under Section 10-9a-211; and]
93          [(II) wait at least 10 days after the day on which the land use authority notifies a canal
94     company or canal operator under Subsection (1)(b)(iv)(A)(I) to approve or reject the
95     subdivision application described in Subsection (1)(b)(iv)(A).]
96          [(B) The notification under Subsection (1)(b)(iv)(A) shall be in writing and mailed by
97     certified or registered mail to the canal company or canal operator contact described in Section
98     10-9a-211.]
99          [(C) The location of land described in Subsection (1)(b)(iv)(A) shall be:]
100          [(I) provided by a canal company or canal operator to the land use authority; and]
101          [(II) (Aa) determined by use of mapping-grade global positioning satellite units; or]
102          [(Bb) digitized from the most recent aerial photo available to the canal company or
103     canal operator.]
104          (c) (i) A land use application is exempt from the requirements of Subsections (1)(b)(i)
105     and (ii) if:
106          (A) the land use application relates to land that was the subject of a previous land use
107     application; and
108          (B) the previous land use application described under Subsection (1)(c)(i)(A) complied
109     with the requirements of Subsections (1)(b)(i) and (ii).
110          (ii) A municipality may approve a land use application without making the required
111     notifications under Subsection (1)(b)(ii)(A) if:
112          (A) the land use application relates to land that was the subject of a previous land use
113     application; and
114          (B) the previous land use application described under Subsection (1)(c)(ii)(A)
115     complied with the requirements of Subsections (1)(b)(i) and (ii).
116          (d) After a municipality has complied with the requirements of Subsection (1)(b) for a
117     land use application, the municipality may not withhold approval of the land use application for
118     which the applicant is otherwise entitled under Subsection (1)(a).
119          (e) The municipality shall process an application without regard to proceedings
120     initiated to amend the municipality's ordinances as provided in Subsection (1)(a)(ii)(B) if:
121          (i) 180 days have passed since the proceedings were initiated; and
122          (ii) the proceedings have not resulted in an enactment that prohibits approval of the
123     application as submitted.
124          (f) An application for a land use approval is considered submitted and complete when
125     the application is provided in a form that complies with the requirements of applicable
126     ordinances and all applicable fees have been paid.
127          (g) The continuing validity of an approval of a land use application is conditioned upon
128     the applicant proceeding after approval to implement the approval with reasonable diligence.
129          (h) A municipality may not impose on an applicant who has submitted a complete
130     application for preliminary subdivision approval a requirement that is not expressed in:
131          (i) this chapter;
132          (ii) a municipal ordinance; or
133          (iii) a municipal specification for public improvements applicable to a subdivision or
134     development that is in effect on the date that the applicant submits an application.
135          (i) A municipality may not impose on a holder of an issued land use permit or a final,
136     unexpired subdivision plat a requirement that is not expressed:
137          (i) in a land use permit;
138          (ii) on the subdivision plat;
139          (iii) in a document on which the land use permit or subdivision plat is based;
140          (iv) in the written record evidencing approval of the land use permit or subdivision
141     plat;
142          (v) in this chapter; or
143          (vi) in a municipal ordinance.
144          (j) A municipality may not withhold issuance of a certificate of occupancy or
145     acceptance of subdivision improvements because of an applicant's failure to comply with a
146     requirement that is not expressed:
147          (i) in the building permit or subdivision plat, documents on which the building permit
148     or subdivision plat is based, or the written record evidencing approval of the land use permit or
149     subdivision plat; or
150          (ii) in this chapter or the municipality's ordinances.
151          (2) A municipality is bound by the terms and standards of applicable land use
152     ordinances and shall comply with mandatory provisions of those ordinances.
153          (3) A municipality may not, as a condition of land use application approval, require a
154     person filing a land use application to obtain documentation regarding a school district's
155     willingness, capacity, or ability to serve the development proposed in the land use application.
156          (4) Upon a specified public agency's submission of a development plan and schedule as
157     required in Subsection 10-9a-305(8) that complies with the requirements of that subsection, the
158     specified public agency vests in the municipality's applicable land use maps, zoning map,
159     hookup fees, impact fees, other applicable development fees, and land use ordinances in effect
160     on the date of submission.
161          Section 3. Section 10-9a-603 is amended to read:
162          10-9a-603. Plat required when land is subdivided -- Approval of plat -- Owner
163     acknowledgment, surveyor certification, and underground utility facility owner
164     verification of plat -- Recording plat.
165          (1) Unless exempt under Section 10-9a-605 or excluded from the definition of
166     subdivision under Section 10-9a-103, whenever any land is laid out and platted, the owner of
167     the land shall provide an accurate plat that describes or specifies:
168          (a) a subdivision name that is distinct from any subdivision name on a plat recorded in
169     the county recorder's office;
170          (b) the boundaries, course, and dimensions of all of the parcels of ground divided, by
171     their boundaries, course, and extent, whether the owner proposes that any parcel of ground is
172     intended to be used as a street or for any other public use, and whether any such area is
173     reserved or proposed for dedication for a public purpose;
174          (c) the lot or unit reference, block or building reference, street or site address, street
175     name or coordinate address, acreage or square footage for all parcels, units, or lots, and length
176     and width of the blocks and lots intended for sale; and
177          (d) every existing right-of-way and easement grant of record for an underground
178     facility, as defined in Section 54-8a-2, and for any other utility facility.
179          (2) (a) Subject to Subsections (3), (4), and (5), if the plat conforms to the municipality's
180     ordinances and this part and has been approved by the culinary water authority, the sanitary
181     sewer authority, and the local health department, as defined in Section 26A-1-102, if the local
182     health department and the municipality consider the local health department's approval
183     necessary, the municipality shall approve the plat.
184          (b) Municipalities are encouraged to receive a recommendation from the fire authority
185     before approving a plat.
186          (c) A municipality may not require that a plat be approved or signed by a person or
187     entity who:
188          (i) is not an employee or agent of the municipality; or
189          (ii) does not:
190          (A) have a legal or equitable interest in the property within the proposed subdivision;
191          (B) provide a utility or other service directly to a lot within the subdivision;
192          (C) own an easement or right-of-way adjacent to the proposed subdivision who signs
193     for the purpose of confirming the accuracy of the location of the easement or right-of-way in
194     relation to the plat; or
195          (D) provide culinary public water service whose source protection zone designated as
196     provided in Section 19-4-113 is included, in whole or in part, within the proposed subdivision[;
197     or].
198          [(iii) is not entitled to notice of the subdivision pursuant to Subsection
199     10-9a-509(1)(b)(iv) for the purpose of determining the accuracy of the information depicted on
200     the plat.]
201          (d) For a subdivision application that includes land located within a notification zone,
202     as determined under Subsection (2)(e), the land use authority shall:
203          (i) within 20 days after the day on which a complete subdivision application is filed,
204     provide written notice of the application to the canal owner or associated canal operator contact
205     described in:
206          (A) Section 10-9a-211;
207          (B) Subsection 73-5-7(2); or
208          (C) Subsection (4)(c); and
209          (ii) wait to approve or reject the subdivision application for at least 20 days after the
210     day on which the land use authority mails the notice described in Subsection (2)(d)(i) in order
211     to receive input from the canal owner or associated canal operator, including input regarding:
212          (A) access to the canal;
213          (B) maintenance of the canal;
214          (C) canal protection; and
215          (D) canal safety.
216          (e) The land use authority shall provide the notice described in Subsection (2)(d) to a
217     canal owner or associated canal operator if:
218          (i) the canal's centerline is located within 100 feet of a proposed subdivision; and
219          (ii) the centerline alignment is available to the land use authority:
220          (A) from information provided by the canal company under Section 10-9a-211, using
221     mapping-grade global positioning satellite units or digitized data from the most recent aerial
222     photo available to the canal owner or associated canal operator;
223          (B) using the state engineer's inventory of canals under Section 73-5-7; or
224          (C) from information provided by a surveyor under Subsection (4)(c).
225          (3) The municipality may withhold an otherwise valid plat approval until the owner of
226     the land provides the legislative body with a tax clearance indicating that all taxes, interest, and
227     penalties owing on the land have been paid.
228          (4) (a) A plat may not be submitted to a county recorder for recording unless:
229          (i) prior to recordation, each owner of record of land described on the plat has signed
230     the owner's dedication as shown on the plat; and
231          (ii) the signature of each owner described in Subsection (4)(a)(i) is acknowledged as
232     provided by law.
233          (b) The surveyor making the plat shall certify that the surveyor:
234          (i) holds a license in accordance with Title 58, Chapter 22, Professional Engineers and
235     Professional Land Surveyors Licensing Act;
236          (ii) has completed a survey of the property described on the plat in accordance with
237     Section 17-23-17 and has verified all measurements; and
238          (iii) has placed monuments as represented on the plat.
239          (c) (i) To the extent possible, the surveyor shall consult with the owner or operator of
240     an existing or proposed underground facility or utility facility within the proposed subdivision,
241     or a representative designated by the owner or operator, to verify the accuracy of the surveyor's
242     depiction of the:
243          (A) boundary, course, dimensions, and intended use of the public rights-of-way, a
244     public or private easement, or grants of record;
245          (B) location of an existing underground facility and utility facility; and
246          (C) physical restrictions governing the location of the underground facility and utility
247     facility within the subdivision.
248          (ii) The cooperation of an owner or operator under Subsection (4)(c)(i):
249          (A) indicates only that the plat approximates the location of the existing underground
250     and utility facilities but does not warrant or verify their precise location; and
251          (B) does not affect a right that the owner or operator has under:
252          (I) Title 54, Chapter 8a, Damage to Underground Utility Facilities;
253          (II) a recorded easement or right-of-way;
254          (III) the law applicable to prescriptive rights; or
255          (IV) any other provision of law.
256          (5) (a) After the plat has been acknowledged, certified, and approved, the owner of the
257     land shall, within the time period designated by ordinance, record the plat in the county
258     recorder's office in the county in which the lands platted and laid out are situated.
259          (b) An owner's failure to record a plat within the time period designated by ordinance
260     renders the plat voidable.
261          Section 4. Section 17-27a-211 is amended to read:
262          17-27a-211. Canal owner or operator -- Notice to county.
263          (1) [For purposes of Subsection 17-27a-508(1)(b)(iv), a] A canal company or a canal
264     operator shall [provide on or before July 1, 2010, any] ensure that each county in which the
265     canal company or canal operator owns or operates a canal has on file, regarding the canal
266     company or canal operator:
267          (a) a current mailing address and phone number;
268          (b) a contact name; and
269          (c) a general description of the location of each canal owned or operated by the canal
270     owner or canal operator.
271          (2) If the information described in Subsection (1) changes after a canal company or a
272     canal operator has provided the information to the county, the canal company or canal operator
273     shall provide the correct information within 30 days of the day on which the information [was
274     changed] changes.
275          Section 5. Section 17-27a-508 is amended to read:
276          17-27a-508. Applicant's entitlement to land use application approval --
277     Exceptions -- Application relating to land in a high priority transportation corridor --
278     County's requirements and limitations -- Vesting upon submission of development plan
279     and schedule.
280          (1) (a) (i) An applicant who has filed a complete land use application, including the
281     payment of all application fees, is entitled to substantive land use review of the land use
282     application under the land use laws in effect on the date that the application is complete and as
283     further provided in this section.
284          (ii) Except as provided in Subsection (1)(b), an applicant is entitled to approval of a
285     land use application if the application conforms to the requirements of the county's land use
286     maps, zoning map, and applicable land use ordinance in effect when a complete application is
287     submitted and all application fees have been paid, unless:
288          (A) the land use authority, on the record, finds that a compelling, countervailing public
289     interest would be jeopardized by approving the application; or
290          (B) in the manner provided by local ordinance and before the application is submitted,
291     the county has formally initiated proceedings to amend its ordinances in a manner that would
292     prohibit approval of the application as submitted.
293          (b) (i) Except as provided in Subsection (1)(c), an applicant is not entitled to approval
294     of a land use application until the requirements of this Subsection (1)(b)(i) and Subsection
295     (1)(b)(ii) have been met if the land use application relates to land located within the boundaries
296     of a high priority transportation corridor designated in accordance with Section 72-5-403.
297          (ii) (A) A county shall notify the executive director of the Department of
298     Transportation of any land use applications that relate to land located within the boundaries of
299     a high priority transportation corridor.
300          (B) The notification under Subsection (1)(b)(ii)(A) shall be in writing and mailed by
301     certified or registered mail to the executive director of the Department of Transportation.
302          (iii) Except as provided in Subsection (1)(c), a county may not approve a land use
303     application that relates to land located within the boundaries of a high priority transportation
304     corridor until:
305          (A) 30 days after the notification under Subsection (1)(b)(ii)(A) is received by the
306     Department of Transportation if the land use application is for a building permit; or
307          (B) 45 days after the notification under Subsection (1)(b)(ii)(A) is received by the
308     Department of Transportation if the land use application is for any land use other than a
309     building permit.
310          [(iv) (A) If an application is an application for a subdivision approval, including any
311     land, subject to Subsection (1)(b)(iv)(C), located within 100 feet of the center line of a canal,
312     the land use authority shall:]
313          [(I) within 30 days after the day on which the application is filed, notify the canal
314     company or canal operator responsible for the canal, if the canal company or canal owner has
315     provided information under Section 17-27a-211; and]
316          [(II) wait at least 10 days after the day on which the land use authority notifies a canal
317     company or canal operator under Subsection (1)(b)(iv)(A)(I) to approve or reject the
318     subdivision application described in Subsection (1)(b)(iv)(A).]
319          [(B) The notification under Subsection (1)(b)(iv)(A) shall be in writing and mailed by
320     certified or registered mail to the canal company or canal operator contact described in Section
321     17-27a-211.]
322          [(C) The location of land described in Subsection (1)(b)(iv)(A) shall be:]
323          [(I) provided by a canal company or canal operator to the land use authority; and]
324          [(II) (Aa) determined by use of mapping-grade global positioning satellite units; or]
325          [(Bb) digitized from the most recent aerial photo available to the canal company or
326     canal operator.]
327          (c) (i) A land use application is exempt from the requirements of Subsection (1)(b)(i)
328     if:
329          (A) the land use application relates to land that was the subject of a previous land use
330     application; and
331          (B) the previous land use application described under Subsection (1)(c)(i)(A) complied
332     with the requirements of Subsections (1)(b)(i) and (ii).
333          (ii) A county may approve a land use application without making the required
334     notifications under Subsections (1)(b)(i) and (ii) if:
335          (A) the land use application relates to land that was the subject of a previous land use
336     application; and
337          (B) the previous land use application described under Subsection (1)(c)(ii)(A)
338     complied with the requirements of Subsections (1)(b)(i) and (ii).
339          (d) After a county has complied with the requirements of Subsection (1)(b) for a land
340     use application, the county may not withhold approval of the land use application for which the
341     applicant is otherwise entitled under Subsection (1)(a).
342          (e) The county shall process an application without regard to proceedings initiated to
343     amend the county's ordinances as provided in Subsection (1)(a)(ii)(B) if:
344          (i) 180 days have passed since the proceedings were initiated; and
345          (ii) the proceedings have not resulted in an enactment that prohibits approval of the
346     application as submitted.
347          (f) An application for a land use approval is considered submitted and complete when
348     the application is provided in a form that complies with the requirements of applicable
349     ordinances and all applicable fees have been paid.
350          (g) The continuing validity of an approval of a land use application is conditioned upon
351     the applicant proceeding after approval to implement the approval with reasonable diligence.
352          (h) A county may not impose on an applicant who has submitted a complete
353     application for preliminary subdivision approval a requirement that is not expressed:
354          (i) in this chapter;
355          (ii) in a county ordinance; or
356          (iii) in a county specification for public improvements applicable to a subdivision or
357     development that is in effect on the date that the applicant submits an application.
358          (i) A county may not impose on a holder of an issued land use permit or a final,
359     unexpired subdivision plat a requirement that is not expressed:
360          (i) in a land use permit;
361          (ii) on the subdivision plat;
362          (iii) in a document on which the land use permit or subdivision plat is based;
363          (iv) in the written record evidencing approval of the land use permit or subdivision
364     plat;
365          (v) in this chapter; or
366          (vi) in a county ordinance.
367          (j) A county may not withhold issuance of a certificate of occupancy or acceptance of
368     subdivision improvements because of an applicant's failure to comply with a requirement that
369     is not expressed:
370          (i) in the building permit or subdivision plat, documents on which the building permit
371     or subdivision plat is based, or the written record evidencing approval of the building permit or
372     subdivision plat; or
373          (ii) in this chapter or the county's ordinances.
374          (2) A county is bound by the terms and standards of applicable land use ordinances and
375     shall comply with mandatory provisions of those ordinances.
376          (3) A county may not, as a condition of land use application approval, require a person
377     filing a land use application to obtain documentation regarding a school district's willingness,
378     capacity, or ability to serve the development proposed in the land use application.
379          (4) Upon a specified public agency's submission of a development plan and schedule as
380     required in Subsection 17-27a-305(8) that complies with the requirements of that subsection,
381     the specified public agency vests in the county's applicable land use maps, zoning map, hookup
382     fees, impact fees, other applicable development fees, and land use ordinances in effect on the
383     date of submission.
384          Section 6. Section 17-27a-603 is amended to read:
385          17-27a-603. Plat required when land is subdivided -- Approval of plat -- Owner
386     acknowledgment, surveyor certification, and underground utility facility owner
387     verification of plat -- Recording plat.
388          (1) Unless exempt under Section 17-27a-605 or excluded from the definition of
389     subdivision under Section 17-27a-103, whenever any land is laid out and platted, the owner of
390     the land shall provide an accurate plat that describes or specifies:
391          (a) a subdivision name that is distinct from any subdivision name on a plat recorded in
392     the county recorder's office;
393          (b) the boundaries, course, and dimensions of all of the parcels of ground divided, by
394     their boundaries, course, and extent, whether the owner proposes that any parcel of ground is
395     intended to be used as a street or for any other public use, and whether any such area is
396     reserved or proposed for dedication for a public purpose;
397          (c) the lot or unit reference, block or building reference, street or site address, street
398     name or coordinate address, acreage or square footage for all parcels, units, or lots, and length
399     and width of the blocks and lots intended for sale; and
400          (d) every existing right-of-way and easement grant of record for an underground
401     facility, as defined in Section 54-8a-2, and for any other utility facility.
402          (2) (a) Subject to Subsections (3), (4), and (5), if the plat conforms to the county's
403     ordinances and this part and has been approved by the culinary water authority, the sanitary
404     sewer authority, and the local health department, as defined in Section 26A-1-102, if the local
405     health department and the county consider the local health department's approval necessary, the
406     county shall approve the plat.
407          (b) Counties are encouraged to receive a recommendation from the fire authority before
408     approving a plat.
409          (c) A county may not require that a plat be approved or signed by a person or entity
410     who:
411          (i) is not an employee or agent of the county; or
412          (ii) does not:
413          (A) have a legal or equitable interest in the property within the proposed subdivision;
414          (B) provide a utility or other service directly to a lot within the subdivision;
415          (C) own an easement or right-of-way adjacent to the proposed subdivision who signs
416     for the purpose of confirming the accuracy of the location of the easement or right-of-way in
417     relation to the plat; or
418          (D) provide culinary public water service whose source protection zone designated as
419     provided in Section 19-4-113 is included, in whole or in part, within the proposed subdivision[;
420     or].
421          [(iii) is not entitled to notice of the subdivision pursuant to Subsection
422     17-27a-508(1)(b)(iv) for the purpose of determining the accuracy of the information depicted
423     on the plat.]
424          (d) For a subdivision application that includes land located within a notification zone,
425     as determined under Subsection (2)(e), the land use authority shall:
426          (i) within 20 days after the day on which a complete subdivision application is filed,
427     provide written notice of the application to the canal owner or associated canal operator contact
428     described in:
429          (A) Section 17-27a-211;
430          (B) Subsection 73-5-7(2); or
431          (C) Subsection (4)(c); and
432          (ii) wait to approve or reject the subdivision application for at least 20 days after the
433     day on which the land use authority mails the notice under Subsection (2)(d)(i) in order to
434     receive input from the canal owner or associated canal operator, including input regarding:
435          (A) access to the canal;
436          (B) maintenance of the canal;
437          (C) canal protection; and
438          (D) canal safety.
439          (e) The land use authority shall provide the notice described in Subsection (2)(d) to a
440     canal owner or associated canal operator if:
441          (i) the canal's centerline is located within 100 feet of a proposed subdivision; and
442          (ii) the centerline alignment is available to the land use authority:
443          (A) from information provided by the canal company under Section 17-27a-211 using
444     mapping-grade global positioning satellite units or digitized data from the most recent aerial
445     photo available to the canal owner or canal operator;
446          (B) using the state engineer's inventory of canals under Section 73-5-7; or
447          (C) from information provided by a surveyor under Subsection (4)(c).
448          (3) The county may withhold an otherwise valid plat approval until the owner of the
449     land provides the legislative body with a tax clearance indicating that all taxes, interest, and
450     penalties owing on the land have been paid.
451          (4) (a) A plat may not be submitted to a county recorder for recording unless, subject to
452     Subsection 17-27a-604(2):
453          (i) prior to recordation, each owner of record of land described on the plat has signed
454     the owner's dedication as shown on the plat; and
455          (ii) the signature of each owner described in Subsection (4)(a)(i) is acknowledged as
456     provided by law.
457          (b) The surveyor making the plat shall certify that the surveyor:
458          (i) holds a license in accordance with Title 58, Chapter 22, Professional Engineers and
459     Professional Land Surveyors Licensing Act;
460          (ii) has completed a survey of the property described on the plat in accordance with
461     Section 17-23-17 and has verified all measurements; and
462          (iii) has placed monuments as represented on the plat.
463          (c) (i) To the extent possible, the surveyor shall consult with the owner or operator of
464     an existing or proposed underground facility or utility facility within the proposed subdivision,
465     or a representative designated by the owner or operator, to verify the accuracy of the surveyor's
466     depiction of the:
467          (A) boundary, course, dimensions, and intended use of the public rights-of-way, a
468     public or private easement, or grants of record;
469          (B) location of an existing underground facility and utility facility; and
470          (C) physical restrictions governing the location of the underground facility and utility
471     facility within the subdivision.
472          (ii) The cooperation of an owner or operator under Subsection (4)(c)(i):
473          (A) indicates only that the plat approximates the location of the existing underground
474     and utility facilities but does not warrant or verify their precise location; and
475          (B) does not affect a right that the owner or operator has under:
476          (I) Title 54, Chapter 8a, Damage to Underground Utility Facilities;
477          (II) a recorded easement or right-of-way;
478          (III) the law applicable to prescriptive rights; or
479          (IV) any other provision of law.
480          (5) (a) After the plat has been acknowledged, certified, and approved, the owner of the
481     land shall, within the time period designated by ordinance, record the plat in the county
482     recorder's office in the county in which the lands platted and laid out are situated.
483          (b) An owner's failure to record a plat within the time period designated by ordinance
484     renders the plat voidable.
485          Section 7. Section 73-5-7 is amended to read:
486          73-5-7. Inspection of ditches and diverting works by engineer.
487          (1) (a) The state engineer shall have authority to examine and inspect any ditch or other
488     diverting works, and at the time of such inspection, the state engineer may order the owners
489     thereof to make any addition or alteration that the state engineer considers necessary for the
490     security of such works, the safety of persons, or the protection of property.
491          (b) If any person, firm, copartnership, association, or corporation refuses or neglects to
492     comply with the requirements of the state engineer as described in Subsection (1)(a), the state
493     engineer may bring action in the name of the state in the district court to enforce the order.
494          (2) (a) The state engineer shall, to the extent reasonably practicable, by July 1, [2017]
495     2019, inventory and maintain a list of all open, human-made water conveyance systems that
496     carry 5 cubic feet per second or more in the state, including the following information on each
497     conveyance system:
498          [(a)] (i) alignment;
499          [(b)] (ii) contact information of the owner;
500          [(c)] (iii) maximum flow capacity in cubic feet per second;
501          [(d)] (iv) whether the conveyance system is used for flood or storm water management;
502     and
503          [(e)] (v) notice of the adoption of a management plan for the conveyance system as
504     reported to the Division of Water Resources under Section 73-10-33.
505          (b) In counties of the first or second class, the state engineer shall include in the
506     inventory described in Subsection (2)(a) any enclosed segments of each open, human-made
507     water conveyance system.
508          (3) The owner of an open, human-made water conveyance system that carries 5 cubic
509     feet per second or more shall inform the state engineer if the information described in
510     Subsection (2) changes.
511          (4) The state engineer:
512          (a) may contract with a local conservation district created in Title 17D, Chapter 3,
513     Conservation District Act, to fulfill the duties described in Subsection (2); and
514          (b) may contract a local conservation district created in Title 17D, Chapter 3,
515     Conservation District Act, to provide technical support for a canal owner who is adopting a
516     management plan, as described in Section 73-10-33.