7 LONG TITLE
8 General Description:
9 This bill addresses water facilities.
10 Highlighted Provisions:
11 This bill:
12 ▸ defines terms;
13 ▸ outlines prohibited acts related to water facilities;
14 ▸ addresses civil actions;
15 ▸ creates an exception from liability;
16 ▸ addresses obstruction or changes related to water facilities and rights of way; and
17 ▸ makes technical and conforming changes.
18 Money Appropriated in this Bill:
20 Other Special Clauses:
22 Utah Code Sections Affected:
24 73-1-14, as last amended by Laws of Utah 2005, Chapter 215
25 73-1-15, as last amended by Laws of Utah 2018, Chapter 349
27 Be it enacted by the Legislature of the state of Utah:
28 Section 1. Section 73-1-14 is amended to read:
29 73-1-14. Interfering with water facilities or with apportioning official -- Penalty
30 and liability.
36 (1) As used in this section:
37 (a) "Interfere," for purposes of a water facility, means damage to or modification of the
38 water facility that results in actual blockage or diversion of water, stormwater, wastewater, or
40 (b) "Water facility" means a dam, pipeline, culvert, fire hydrant, flume, conduit, ditch,
41 head gate, canal, reservoir, storage tank, spring box, well, meter, weir, valve, casing, cap, or
42 other facility used for the diversion, transportation, distribution, measurement, collection, or
43 storage of water, stormwater, wastewater, or sewage.
44 (2) A person is guilty of a crime punishable under Section 73-2-27 if the person:
45 (a) maliciously Ĥ→ : ←Ĥ
45a Ĥ→ (i) ←Ĥ interferes with Ĥ→ [
45b Ĥ→ (ii) ←Ĥ damages Ĥ→ [
45c Ĥ→ (iii) ←Ĥ destroys Ĥ→ [
45d Ĥ→ (iv) ←Ĥ removes a water facility;
46 (b) intentionally or knowingly makes a temporary or permanent connection to a water
47 facility without first obtaining the written consent of the owner of the water facility; or
48 (c) unlawfully interferes with an individual authorized to apportion water while in the
49 discharge of the individual's duties.
51 also liable [
52 brought by a person injured by that act.
55 (b) Proof of the elements of a civil action under this section need only be made by a
56 preponderance of the evidence.
57 (5) A person who complies with Title 54, Chapter 8a, Damage to Underground Utility
58 Facilities, Section 73-1-7, or Section 73-1-15.5 may not be held criminally or civilly liable for
59 actions allowed by those sections.
60 Section 2. Section 73-1-15 is amended to read:
61 73-1-15. Obstructing or change of water facilities -- Penalties.
62 (1) (a) [
63 or title for [
64 73-1-14, it is unlawful for [
65 change of the water flow by fence or otherwise, along, [
67 inflicts damage to private property, without first:
68 (i) receiving written permission for the change or obstruction and providing gates
69 sufficient for the passage of the owner or owners of [
70 facility; or
71 (ii) complying with the requirements of Section 73-1-15.5.
72 (b) That the vested rights in the established [
72a water facility ←Ĥ shall
73 be protected against all encroachments.
74 (c) That indemnifying agreements may be entered as may be just and proper by
75 governmental agencies.
76 (2) [
78 (3) [
79 liable for damages or other relief and costs in a civil action to [
80 (4) (a) A civil action under this section may be brought independent of a criminal
82 (b) Proof of the elements of a civil action under this section need only be made by a
83 preponderance of the evidence.