1     
WATER FACILITIES AMENDMENTS

2     
2020 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Logan Wilde

5     
Senate Sponsor: Jani Iwamoto

6     

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:
19          None
20     Other Special Clauses:
21          None
22     Utah Code Sections Affected:
23     AMENDS:
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
26     

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.
31          [(1) Any person, who in any way unlawfully interferes with, injures, destroys or
32     removes any dam, head gate, weir, casing, valve, cap or other appliance for the diversion,
33     apportionment, measurement or regulation of water, or who interferes with any person
34     authorized to apportion water while in the discharge of his duties, is guilty of a crime
35     punishable under Section 73-2-27.]
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
39     sewage.
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 interferes with, damages, destroys, or 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.
50          [(2)] (3) [Any] A person who commits an act defined as a crime under this section is
51     also liable [in a civil action] for damages or other relief [to any] and costs in a civil action
52     brought by a person injured by that act.
53          [(3)] (4) (a) A civil action under this section may be brought independent of a criminal
54     action.
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) [Whenever any] When a person has a right-of-way of [any] an established type
63     or title for [any canal or other watercourse it shall be] a water facility, as defined in Section
64     73-1-14, it is unlawful for [any] a person to place or maintain in place any obstruction, or
65     change of the water flow by fence or otherwise, along, [or] across, [or in such canal or
66     watercourse] in, or to the water facility, except as where [said watercourse] the water facility
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 [such canal or watercourse] the water
70     facility; or
71          (ii) complying with the requirements of Section 73-1-15.5.
72          (b) That the vested rights in the established [canals and watercourse] right of way 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) [Any] A person violating this section is guilty of a crime punishable under Section
77     73-2-27.
78          (3) [Any] A person who commits an act defined as a crime under this section is also
79     liable for damages or other relief and costs in a civil action to [any] a person injured by that act.
80          (4) (a) A civil action under this section may be brought independent of a criminal
81     action.
82          (b) Proof of the elements of a civil action under this section need only be made by a
83     preponderance of the evidence.