(1) In addition to the emergency powers under Section 73-2-22, the state engineer shall assist counties in emergency flood mitigation on intercounty waterways when all the following conditions exist:

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Terms Used In Utah Code 73-2-23

  • County executive: means :
         (7)(a) the county commission, in the county commission or expanded county commission form of government established under Title 17, Chapter 52a, Changing Forms of County Government;
         (7)(b) the county executive, in the county executive-council optional form of government authorized by Section 17-52a-203; or
         (7)(c) the county manager, in the council-manager optional form of government authorized by Section 17-52a-204. See Utah Code 68-3-12.5
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Property: includes both real and personal property. See Utah Code 68-3-12.5
  • State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
     (1)(a) two or more counties are involved;
     (1)(b) the flood mitigation activity has or may have adverse effect on the county;
     (1)(c) the county executive of that adversely impacted county requests the state engineer’s involvement;
     (1)(d) the requesting county is providing an ongoing flood control program with jurisdiction-wide funding equivalent to .0004 per dollar of taxable value of taxable property; and
     (1)(e) the requesting county has established a flood control program through zoning.
(2) Multi-county flood mitigation activities by the state engineer shall include:

     (2)(a) assisting the counties in emergency flood mitigation planning;
     (2)(b) furnishing engineering or other technical services;
     (2)(c) making recommendations in emergency situations, and, if requested, participating in making emergency flood control decisions; and
     (2)(d) in the event a decision is not reached, the final decision-making authority.
(3) The assistance or involvement will cease when in the state engineer’s judgment the flood conditions or potential for flooding subsides or when the county governing bodies of all affected counties request that the jurisdiction cease.

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