Utah Code 72-7-112. Use of overhead spray irrigation
Current as of: 2024 | Check for updates
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(1) As used in this section:
Terms Used In Utah Code 72-7-112
- Construction: means the construction, reconstruction, replacement, and improvement of the highways, including the acquisition of rights-of-way and material sites. See Utah Code 72-1-102
- Highway: means any public road, street, alley, lane, court, place, viaduct, tunnel, culvert, bridge, or structure laid out or erected for public use, or dedicated or abandoned to the public, or made public in an action for the partition of real property, including the entire area within the right-of-way. See Utah Code 72-1-102
- Land: includes :(18)(a) land;(18)(b) a tenement;(18)(c) a hereditament;(18)(d) a water right;(18)(e) a possessory right; and(18)(f) a claim. See Utah Code 68-3-12.5(1)(a) “Great Salt Lake basin” means the area within:(1)(a)(i) the surveyed meander line of the Great Salt Lake;(1)(a)(ii) the drainage areas of the Bear River or the Bear River’s tributaries;(1)(a)(iii) the drainage areas of Bear Lake or Bear Lake’s tributaries;(1)(a)(iv) the drainage areas of the Weber River or the Weber River’s tributaries;(1)(a)(v) the drainage areas of the Jordan River or the Jordan River’s tributaries;(1)(a)(vi) the drainage areas of Utah Lake or Utah Lake’s tributaries;(1)(a)(vii) other water drainages lying between the Bear River and the Jordan River that are tributary to the Great Salt Lake and not included in the drainage areas described in Subsections (1)(a)(ii) through (vi); and(1)(a)(viii) the drainage area of Tooele Valley.(1)(b) “Overhead spray irrigation” means above ground irrigation heads that spray water through a nozzle.
(2) Except as provided in Subsection (3), on land within the Great Salt Lake basin a highway authority may not install, maintain, or allow for the installation or maintenance by others of landscaping in a highway construction project commenced on or after May 1, 2024, that uses overhead spray irrigation within the portion of the highway:
(2)(a) located between the back of the curb on either side of the highway, including in a median or roundabout; or
(2)(b) if there is no curb, between the shoulders contiguous to the traveled way, including in a median or roundabout.
(3) Subsection (2) does not prohibit the temporary use of overhead spray irrigation for the period of time reasonably required to allow drought tolerant perennial plants to establish a healthy root system.