Utah Code 23A-9-202. Notice of intention to drain or divert waterway
Current as of: 2024 | Check for updates
|
Other versions
(1) A person owning or controlling an irrigation canal, ditch, reservoir, millrace, or other waterway leading from or into a state waterway containing protected aquatic wildlife shall provide the notice described in Subsection (2) if the person:
Terms Used In Utah Code 23A-9-202
- Aquatic wildlife: means species of fish, mollusks, crustaceans, aquatic insects, or amphibians. See Utah Code 23A-1-101
- Division: means the Division of Wildlife Resources. 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
- Protected aquatic wildlife: means aquatic wildlife except as provided in Subsection (42)(b). See Utah Code 23A-1-101
- 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) desires to drain the waterway; or
(1)(b) intends to divert sufficient water from a state waterway endangering the protected aquatic wildlife in the state waterway.
(2) If the conditions described in Subsection (1) are met, the person shall give five days’ written notice to the division before the diversion except that under emergency conditions the person shall give reasonable notice.