Utah Code 65A-11-1. Authority of division to control and prevent floods
Current as of: 2024 | Check for updates
|
Other versions
(1) The division may authorize surveys of any state lands or other areas of the state for the purpose of controlling and preventing floods.
Terms Used In Utah Code 65A-11-1
- Division: means the Division of Forestry, Fire, and State Lands. See Utah Code 65A-1-1
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- 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
- State lands: means all lands administered by the division. See Utah Code 65A-1-1
(2) If after a survey the division concludes that floods are likely to affect any state lands, and will endanger life, health, or property, then the division shall take action necessary to control or to prevent the occurrence of those floods.
(3) For the purpose of controlling and preventing floods, the division may cooperate with public and private entities.
(4) The division may authorize construction of necessary control works on a basis of equitable participation and for these purposes may acquire any additional lands, necessary for the control or the prevention of the floods, either by purchase, exchange, lease, condemnation, or gift.
(5) The division may transfer these lands to any existing agencies or agencies created to maintain prevention or control works.
(6) The division may cooperate with the federal government in acquiring watershed lands becoming barren and susceptible to flooding.