1     
WATER FACILITIES AMENDMENTS

2     
2019 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Logan Wilde

5     
Senate Sponsor: ____________

6     

7     LONG TITLE
8     General Description:
9          This bill modifies provisions regarding interfering with or obstructing water facilities.
10     Highlighted Provisions:
11          This bill:
12          ▸     modifies provisions regarding interfering with or obstructing water facilities; and
13          ▸     makes technical and conforming changes.
14     Money Appropriated in this Bill:
15          None
16     Other Special Clauses:
17          None
18     Utah Code Sections Affected:
19     AMENDS:
20          73-1-14, as last amended by Laws of Utah 2005, Chapter 215
21          73-1-15, as last amended by Laws of Utah 2018, Chapter 349
22     

23     Be it enacted by the Legislature of the state of Utah:
24          Section 1. Section 73-1-14 is amended to read:
25          73-1-14. Interfering with water facilities or an individual authorized to apportion
26     water -- Penalty and liability.
27          [(1) Any person, who in any way unlawfully interferes with, injures, destroys or
28     removes any dam, head gate, weir, casing, valve, cap or other appliance for the diversion,
29     apportionment, measurement or regulation of water, or who interferes with any person
30     authorized to apportion water while in the discharge of his duties, is guilty of a crime
31     punishable under Section 73-2-27.]
32          [(2) Any person who commits an act defined as a crime under this section is also liable
33     in a civil action for damages or other relief to any person injured by that act.]
34          (1) (a) Except as provided in Subsection (4), a person without ownership rights may
35     not, without written permission:
36          (i) intentionally, knowingly, recklessly, or with criminal negligence interfere with,
37     injure, destroy, or remove any dam, head gate, weir, casing, valve, cap, or other facility for the
38     diversion, apportionment, measurement, or regulation of water;
39          (ii) intentionally, knowingly, recklessly, or with criminal negligence damage a pipeline,
40     culvert, flume, conduit, ditch, canal, reservoir, storage tank, spring box, well, meter, or other
41     facility for the diversion, transportation, distribution, measurement, or storage of water,
42     stormwater, wastewater, or sewage; or
43          (iii) intentionally make a temporary or permanent connection to a pipeline, culvert,
44     flume, conduit, ditch, canal, reservoir, storage tank, spring box, well, meter, or other facility for
45     the diversion, transportation, distribution, measurement, or storage of water, stormwater,
46     wastewater, or sewage.
47          (b) A person may not intentionally, knowingly, recklessly, or with criminal negligence
48     interfere with an individual authorized to apportion water while in the discharge of the
49     individual's authorized duties.
50          (c) A person who violates a provision in Subsection (1)(a) or (b) is guilty of a crime
51     punishable under Section 73-2-27.
52          (2) A person who commits an act defined as a crime under this section is also liable for
53     damages or other relief and costs in a civil action brought by a person injured by that act.
54          (3) (a) A civil action under this section may be brought independent of a criminal
55     action.
56          (b) Proof of the elements of a civil action under this section need only be made by a
57     preponderance of the evidence.
58          (4) An individual who has complied with Section 73-1-7 may not be held criminally or
59     civilly liable for actions allowed under Section 73-1-7.
60          Section 2. Section 73-1-15 is amended to read:
61          73-1-15. Obstructing water facilities -- Penalties.
62          [(1) (a) Whenever any person has a right-of-way of any established type or title for any
63     canal or other watercourse it shall be unlawful for any person to place or maintain in place any
64     obstruction, or change of the water flow by fence or otherwise, along or across or in such canal
65     or watercourse, except as where said watercourse inflicts damage to private property, without
66     first:]
67          (1) (a) A person without ownership rights may not obstruct or change the water flow to
68     a pipeline, culvert, flume, conduit, ditch, canal, reservoir, storage tank, spring box, well, meter,
69     or other facility for the diversion, transportation, distribution, measurement, or storage of
70     water, stormwater, wastewater, or sewage, except where the facility inflicts damage to private
71     property, before the person:
72          (i) [receiving] receives written permission for the change or obstruction and
73     [providing] provides gates sufficient for the passage of the owner or owners of [such canal or
74     watercourse] the facility; or
75          (ii) [complying] complies with the requirements of Section 73-1-15.5.
76          (b) [That the] The vested rights in the established [canals and watercourse]
77     right-of-way shall be protected against all encroachments.
78          (c) [That indemnifying] Indemnifying agreements may be entered as may be just and
79     proper by governmental agencies.
80          (2) [Any person violating] A person who violates this section is guilty of a crime
81     punishable under Section 73-2-27.
82          (3) [Any] A person who commits an act defined as a crime under this section is also
83     liable for damages or other relief and costs in a civil action to [any] a person injured by that act.
84          (4) (a) A civil action under this section may be brought independent of a criminal
85     action.
86          (b) Proof of the elements of a civil action under this section need only be made by a
87     preponderance of the evidence.