Utah Code 23A-9-301. Diversion of water prohibited — Exception for flood control
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(1) Except as provided in Subsection (2), a person may not, without existing rights, divert so much water from a natural stream, lake, pond, or natural lake or pond, the natural storage content of which has been increased by the construction of a dam, that the diversion unduly endangers protected aquatic wildlife.
Terms Used In Utah Code 23A-9-301
- Aquatic wildlife: means species of fish, mollusks, crustaceans, aquatic insects, or amphibians. See Utah Code 23A-1-101
- Natural lake: means a perennial or intermittent body of water that collects on the surface of the earth exclusively through the forces of nature and without human assistance. See Utah Code 23A-1-101
- Person: means an individual, association, partnership, government agency, corporation, or an agent of the individual, association, partnership, government agency, or corporation. See Utah Code 23A-1-101
(2) A person may divert waters in a manner that would otherwise violate Subsection (1) in anticipation of and to provide for the carrying away and the safe disposal of natural storm and flood waters.