Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 301 First Substitute (2017GS)

Sponsor

Rep. Sandall, S.

Final action

Governor Signed 3/25/2017

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• removes the requirement that a canal owner receive notice as a condition to rights vesting in a land use application;
• requires a land use authority to send notice to certain canal owners and operators about a land use application;
• requires a land use authority to wait for a period of days before acting on a land use application in order to allow input from the canal owners and operators;
• identifies a canal owner or operator who is entitled to notice from a land use authority regarding certain land use applications; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

CANAL SAFETY AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Scott D. Sandall
Senate Sponsor: 
Margaret Dayton
LONG TITLE
General Description:
This bill modifies provisions regarding notice to canal owners about land use
applications.
Highlighted Provisions:
This bill:
▸ removes the requirement that a canal owner receive notice as a condition to rights
vesting in a land use application;
▸ requires a land use authority to send notice to certain canal owners and operators
about a land use application;
▸ requires a land use authority to wait for a period of days before acting on a land use
application in order to allow input from the canal owners and operators;
▸ identifies a canal owner or operator who is entitled to notice from a land use
authority regarding certain land use applications; and
▸ makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
10-9a-211
, as enacted by Laws of Utah 2010, Chapter 332
10-9a-509
, as last amended by Laws of Utah 2014, Chapter 136
10-9a-603
, as last amended by Laws of Utah 2015, Chapter 327
17-27a-211
, as enacted by Laws of Utah 2010, Chapter 332
17-27a-508
, as last amended by Laws of Utah 2014, Chapter 136
17-27a-603
, as last amended by Laws of Utah 2015, Chapter 327
73-5-7
, as last amended by Laws of Utah 2014, Chapter 355
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
10-9a-211
 is amended to read:
10-9a-211.
Canal owner or operator -- Notice to municipality.
(1) [
For purposes of Subsection 
10-9a-509
(1)(b)(iv), a
] 
A
 canal company or a canal
operator shall [
provide on or before July 1, 2010, any
] 
ensure that each
 municipality in which
the canal company or canal operator owns or operates a canal 
has on file, regarding the canal
company or canal operator
:
(a) a current mailing address and phone number;
(b) a contact name; and
(c) a general description of the location of each canal owned or operated by the canal
owner or canal operator.
(2) If the information described in Subsection (1) changes after a canal company or a
canal operator has provided the information to the municipality, the canal company or canal
operator shall provide the correct information within 30 days of the day on which the
information [
was changed
] 
changes
.
Section 2. Section 
10-9a-509
 is amended to read:
10-9a-509.
Applicant's entitlement to land use application approval -- Exceptions
-- Application relating to land in a high priority transportation corridor -- Municipality's
requirements and limitations -- Vesting upon submission of development plan and
schedule.
(1) (a) (i) An applicant who has filed a complete land use application, including the
payment of all application fees, is entitled to substantive land use review of the land use
application under the land use laws in effect on the date that the application is complete and as
further provided in this section.
(ii) Except as provided in Subsection (1)(b), an applicant is entitled to approval of a
land use application if the application conforms to the requirements of the municipality's land
use maps, zoning map, a municipal specification for public improvements applicable to a
subdivision or development, and an applicable land use ordinance in effect when a complete
application is submitted and all application fees have been paid, unless:
(A) the land use authority, on the record, finds that a compelling, countervailing public
interest would be jeopardized by approving the application; or
(B) in the manner provided by local ordinance and before the application is submitted,
the municipality has formally initiated proceedings to amend its ordinances in a manner that
would prohibit approval of the application as submitted.
(b) (i) Except as provided in Subsection (1)(c), an applicant is not entitled to approval
of a land use application until the requirements of this Subsection (1)(b) have been met if the
land use application relates to land located within the boundaries of a high priority
transportation corridor designated in accordance with Section 
72-5-403
.
(ii) (A) A municipality shall notify the executive director of the Department of
Transportation of any land use applications that relate to land located within the boundaries of
a high priority transportation corridor.
(B) The notification under Subsection (1)(b)(ii)(A) shall be in writing and mailed by
certified or registered mail to the executive director of the Department of Transportation.
(iii) Except as provided in Subsection (1)(c), a municipality may not approve a land
use application that relates to land located within the boundaries of a high priority
transportation corridor until:
(A) 30 days after the notification under Subsection (1)(b)(ii)(A) is received by the
Department of Transportation if the land use application is for a building permit; or
(B) 45 days after the notification under Subsection (1)(b)(ii)(A) is received by the
Department of Transportation if the land use application is for any land use other than a
building permit.
[
(iv) (A) If an application is an application for a subdivision approval, including any
land, subject to Subsection (1)(b)(iv)(C), located within 100 feet of the center line of a canal,
the land use authority shall:
]
[
(I) within 30 days after the day on which the application is filed, notify the canal
company or canal operator responsible for the canal, if the canal company or canal operator has
provided information under Section 
10-9a-211
; and
]
[
(II) wait at least 10 days after the day on which the land use authority notifies a canal
company or canal operator under Subsection (1)(b)(iv)(A)(I) to approve or reject the
subdivision application described in Subsection (1)(b)(iv)(A).
]
[
(B) The notification under Subsection (1)(b)(iv)(A) shall be in writing and mailed by
certified or registered mail to the canal company or canal operator contact described in Section
10-9a-211
.
]
[
(C) The location of land described in Subsection (1)(b)(iv)(A) shall be:
]
[
(I) provided by a canal company or canal operator to the land use authority; and
]
[
(II) (Aa) determined by use of mapping-grade global positioning satellite units; or
]
[
(Bb) digitized from the most recent aerial photo available to the canal company or
canal operator.
]
(c) (i) A land use application is exempt from the requirements of Subsections (1)(b)(i)
and (ii) if:
(A) the land use application relates to land that was the subject of a previous land use
application; and
(B) the previous land use application described under Subsection (1)(c)(i)(A) complied
with the requirements of Subsections (1)(b)(i) and (ii).
(ii) A municipality may approve a land use application without making the required
notifications under Subsection (1)(b)(ii)(A) if:
(A) the land use application relates to land that was the subject of a previous land use
application; and
(B) the previous land use application described under Subsection (1)(c)(ii)(A)
complied with the requirements of Subsections (1)(b)(i) and (ii).
(d) After a municipality has complied with the requirements of Subsection (1)(b) for a
land use application, the municipality may not withhold approval of the land use application for
which the applicant is otherwise entitled under Subsection (1)(a).
(e) The municipality shall process an application without regard to proceedings
initiated to amend the municipality's ordinances as provided in Subsection (1)(a)(ii)(B) if:
(i) 180 days have passed since the proceedings were initiated; and
(ii) the proceedings have not resulted in an enactment that prohibits approval of the
application as submitted.
(f) An application for a land use approval is considered submitted and complete when
the application is provided in a form that complies with the requirements of applicable
ordinances and all applicable fees have been paid.
(g) The continuing validity of an approval of a land use application is conditioned upon
the applicant proceeding after approval to implement the approval with reasonable diligence.
(h) A municipality may not impose on an applicant who has submitted a complete
application for preliminary subdivision approval a requirement that is not expressed in:
(i) this chapter;
(ii) a municipal ordinance; or
(iii) a municipal specification for public improvements applicable to a subdivision or
development that is in effect on the date that the applicant submits an application.
(i) A municipality may not impose on a holder of an issued land use permit or a final,
unexpired subdivision plat a requirement that is not expressed:
(i) in a land use permit;
(ii) on the subdivision plat;
(iii) in a document on which the land use permit or subdivision plat is based;
(iv) in the written record evidencing approval of the land use permit or subdivision
plat;
(v) in this chapter; or
(vi) in a municipal ordinance.
(j) A municipality may not withhold issuance of a certificate of occupancy or
acceptance of subdivision improvements because of an applicant's failure to comply with a
requirement that is not expressed:
(i) in the building permit or subdivision plat, documents on which the building permit
or subdivision plat is based, or the written record evidencing approval of the land use permit or
subdivision plat; or
(ii) in this chapter or the municipality's ordinances.
(2) A municipality is bound by the terms and standards of applicable land use
ordinances and shall comply with mandatory provisions of those ordinances.
(3) A municipality may not, as a condition of land use application approval, require a
person filing a land use application to obtain documentation regarding a school district's
willingness, capacity, or ability to serve the development proposed in the land use application.
(4) Upon a specified public agency's submission of a development plan and schedule as
required in Subsection 
10-9a-305
(8) that complies with the requirements of that subsection, the
specified public agency vests in the municipality's applicable land use maps, zoning map,
hookup fees, impact fees, other applicable development fees, and land use ordinances in effect
on the date of submission.
Section 3. Section 
10-9a-603
 is amended to read:
10-9a-603.
Plat required when land is subdivided -- Approval of plat -- Owner
acknowledgment, surveyor certification, and underground utility facility owner
verification of plat -- Recording plat.
(1) Unless exempt under Section 
10-9a-605
 or excluded from the definition of
subdivision under Section 
10-9a-103
, whenever any land is laid out and platted, the owner of
the land shall provide an accurate plat that describes or specifies:
(a) a subdivision name that is distinct from any subdivision name on a plat recorded in
the county recorder's office;
(b) the boundaries, course, and dimensions of all of the parcels of ground divided, by
their boundaries, course, and extent, whether the owner proposes that any parcel of ground is
intended to be used as a street or for any other public use, and whether any such area is
reserved or proposed for dedication for a public purpose;
(c) the lot or unit reference, block or building reference, street or site address, street
name or coordinate address, acreage or square footage for all parcels, units, or lots, and length
and width of the blocks and lots intended for sale; and
(d) every existing right-of-way and easement grant of record for an underground
facility, as defined in Section 
54-8a-2
, and for any other utility facility.
(2) (a) Subject to Subsections (3), (4), and (5), if the plat conforms to the municipality's
ordinances and this part and has been approved by the culinary water authority, the sanitary
sewer authority, and the local health department, as defined in Section 
26A-1-102
, if the local
health department and the municipality consider the local health department's approval
necessary, the municipality shall approve the plat.
(b) Municipalities are encouraged to receive a recommendation from the fire authority
before approving a plat.
(c) A municipality may not require that a plat be approved or signed by a person or
entity who:
(i) is not an employee or agent of the municipality; 
or
(ii) does not:
(A) have a legal or equitable interest in the property within the proposed subdivision;
(B) provide a utility or other service directly to a lot within the subdivision;
(C) own an easement or right-of-way adjacent to the proposed subdivision who signs
for the purpose of confirming the accuracy of the location of the easement or right-of-way in
relation to the plat; or
(D) provide culinary public water service whose source protection zone designated as
provided in Section 
19-4-113
 is included, in whole or in part, within the proposed subdivision[
;
or
]
.
[
(iii) is not entitled to notice of the subdivision pursuant to Subsection
10-9a-509
(1)(b)(iv) for the purpose of determining the accuracy of the information depicted on
the plat.
]
(d) For a subdivision application that includes land located within a notification zone,
as determined under Subsection (2)(e), the land use authority shall:
(i) within 20 days after the day on which a complete subdivision application is filed,
provide written notice of the application to the canal owner or associated canal operator contact
described in:
(A) Section 
10-9a-211
;
(B) Subsection 
73-5-7
(2); or
(C) Subsection (4)(c); and
(ii) wait to approve or reject the subdivision application for at least 20 days after the
day on which the land use authority mails the notice described in Subsection (2)(d)(i) in order
to receive input from the canal owner or associated canal operator, including input regarding:
(A) access to the canal;
(B) maintenance of the canal;
(C) canal protection; and
(D) canal safety.
(e) The land use authority shall provide the notice described in Subsection (2)(d) to a
canal owner or associated canal operator if:
(i) the canal's centerline is located within 100 feet of a proposed subdivision; and
(ii) the centerline alignment is available to the land use authority:
(A) from information provided by the canal company under Section 
10-9a-211
, using
mapping-grade global positioning satellite units or digitized data from the most recent aerial
photo available to the canal owner or associated canal operator;
(B) using the state engineer's inventory of canals under Section 
73-5-7
; or
(C) from information provided by a surveyor under Subsection (4)(c).
(3) The municipality may withhold an otherwise valid plat approval until the owner of
the land provides the legislative body with a tax clearance indicating that all taxes, interest, and
penalties owing on the land have been paid.
(4) (a) A plat may not be submitted to a county recorder for recording unless:
(i) prior to recordation, each owner of record of land described on the plat has signed
the owner's dedication as shown on the plat; and
(ii) the signature of each owner described in Subsection (4)(a)(i) is acknowledged as
provided by law.
(b) The surveyor making the plat shall certify that the surveyor:
(i) holds a license in accordance with Title 58, Chapter 22, Professional Engineers and
Professional Land Surveyors Licensing Act;
(ii) has completed a survey of the property described on the plat in accordance with
Section 
17-23-17
 and has verified all measurements; and
(iii) has placed monuments as represented on the plat.
(c) (i) To the extent possible, the surveyor shall consult with the owner or operator of
an existing or proposed underground facility or utility facility within the proposed subdivision,
or a representative designated by the owner or operator, to verify the accuracy of the surveyor's
depiction of the:
(A) boundary, course, dimensions, and intended use of the public rights-of-way, a
public or private easement, or grants of record;
(B) location of an existing underground facility and utility facility; and
(C) physical restrictions governing the location of the underground facility and utility
facility within the subdivision.
(ii) The cooperation of an owner or operator under Subsection (4)(c)(i):
(A) indicates only that the plat approximates the location of the existing underground
and utility facilities but does not warrant or verify their precise location; and
(B) does not affect a right that the owner or operator has under:
(I) Title 54, Chapter 8a, Damage to Underground Utility Facilities;
(II) a recorded easement or right-of-way;
(III) the law applicable to prescriptive rights; or
(IV) any other provision of law.
(5) (a) After the plat has been acknowledged, certified, and approved, the owner of the
land shall, within the time period designated by ordinance, record the plat in the county
recorder's office in the county in which the lands platted and laid out are situated.
(b) An owner's failure to record a plat within the time period designated by ordinance
renders the plat voidable.
Section 4. Section 
17-27a-211
 is amended to read:
17-27a-211.
Canal owner or operator -- Notice to county.
(1) [
For purposes of Subsection 
17-27a-508
(1)(b)(iv), a
] 
A
 canal company or a canal
operator shall [
provide on or before July 1, 2010, any
] 
ensure that each
 county in which the
canal company or canal operator owns or operates a canal 
has on file, regarding the canal
company or canal operator
:
(a) a current mailing address and phone number;
(b) a contact name; and
(c) a general description of the location of each canal owned or operated by the canal
owner or canal operator.
(2) If the information described in Subsection (1) changes after a canal company or a
canal operator has provided the information to the county, the canal company or canal operator
shall provide the correct information within 30 days of the day on which the information [
was
changed
] 
changes
.
Section 5. Section 
17-27a-508
 is amended to read:
17-27a-508.
Applicant's entitlement to land use application approval --
Exceptions -- Application relating to land in a high priority transportation corridor --
County's requirements and limitations -- Vesting upon submission of development plan
and schedule.
(1) (a) (i) An applicant who has filed a complete land use application, including the
payment of all application fees, is entitled to substantive land use review of the land use
application under the land use laws in effect on the date that the application is complete and as
further provided in this section.
(ii) Except as provided in Subsection (1)(b), an applicant is entitled to approval of a
land use application if the application conforms to the requirements of the county's land use
maps, zoning map, and applicable land use ordinance in effect when a complete application is
submitted and all application fees have been paid, unless:
(A) the land use authority, on the record, finds that a compelling, countervailing public
interest would be jeopardized by approving the application; or
(B) in the manner provided by local ordinance and before the application is submitted,
the county has formally initiated proceedings to amend its ordinances in a manner that would
prohibit approval of the application as submitted.
(b) (i) Except as provided in Subsection (1)(c), an applicant is not entitled to approval
of a land use application until the requirements of this Subsection (1)(b)(i) and Subsection
(1)(b)(ii) have been met if the land use application relates to land located within the boundaries
of a high priority transportation corridor designated in accordance with Section 
72-5-403
.
(ii) (A) A county shall notify the executive director of the Department of
Transportation of any land use applications that relate to land located within the boundaries of
a high priority transportation corridor.
(B) The notification under Subsection (1)(b)(ii)(A) shall be in writing and mailed by
certified or registered mail to the executive director of the Department of Transportation.
(iii) Except as provided in Subsection (1)(c), a county may not approve a land use
application that relates to land located within the boundaries of a high priority transportation
corridor until:
(A) 30 days after the notification under Subsection (1)(b)(ii)(A) is received by the
Department of Transportation if the land use application is for a building permit; or
(B) 45 days after the notification under Subsection (1)(b)(ii)(A) is received by the
Department of Transportation if the land use application is for any land use other than a
building permit.
[
(iv) (A) If an application is an application for a subdivision approval, including any
land, subject to Subsection (1)(b)(iv)(C), located within 100 feet of the center line of a canal,
the land use authority shall:
]
[
(I) within 30 days after the day on which the application is filed, notify the canal
company or canal operator responsible for the canal, if the canal company or canal owner has
provided information under Section 
17-27a-211
; and
]
[
(II) wait at least 10 days after the day on which the land use authority notifies a canal
company or canal operator under Subsection (1)(b)(iv)(A)(I) to approve or reject the
subdivision application described in Subsection (1)(b)(iv)(A).
]
[
(B) The notification under Subsection (1)(b)(iv)(A) shall be in writing and mailed by
certified or registered mail to the canal company or canal operator contact described in Section
17-27a-211
.
]
[
(C) The location of land described in Subsection (1)(b)(iv)(A) shall be:
]
[
(I) provided by a canal company or canal operator to the land use authority; and
]
[
(II) (Aa) determined by use of mapping-grade global positioning satellite units; or
]
[
(Bb) digitized from the most recent aerial photo available to the canal company or
canal operator.
]
(c) (i) A land use application is exempt from the requirements of Subsection (1)(b)(i)
if:
(A) the land use application relates to land that was the subject of a previous land use
application; and
(B) the previous land use application described under Subsection (1)(c)(i)(A) complied
with the requirements of Subsections (1)(b)(i) and (ii).
(ii) A county may approve a land use application without making the required
notifications under Subsections (1)(b)(i) and (ii) if:
(A) the land use application relates to land that was the subject of a previous land use
application; and
(B) the previous land use application described under Subsection (1)(c)(ii)(A)
complied with the requirements of Subsections (1)(b)(i) and (ii).
(d) After a county has complied with the requirements of Subsection (1)(b) for a land
use application, the county may not withhold approval of the land use application for which the
applicant is otherwise entitled under Subsection (1)(a).
(e) The county shall process an application without regard to proceedings initiated to
amend the county's ordinances as provided in Subsection (1)(a)(ii)(B) if:
(i) 180 days have passed since the proceedings were initiated; and
(ii) the proceedings have not resulted in an enactment that prohibits approval of the
application as submitted.
(f) An application for a land use approval is considered submitted and complete when
the application is provided in a form that complies with the requirements of applicable
ordinances and all applicable fees have been paid.
(g) The continuing validity of an approval of a land use application is conditioned upon
the applicant proceeding after approval to implement the approval with reasonable diligence.
(h) A county may not impose on an applicant who has submitted a complete
application for preliminary subdivision approval a requirement that is not expressed:
(i) in this chapter;
(ii) in a county ordinance; or
(iii) in a county specification for public improvements applicable to a subdivision or
development that is in effect on the date that the applicant submits an application.
(i) A county may not impose on a holder of an issued land use permit or a final,
unexpired subdivision plat a requirement that is not expressed:
(i) in a land use permit;
(ii) on the subdivision plat;
(iii) in a document on which the land use permit or subdivision plat is based;
(iv) in the written record evidencing approval of the land use permit or subdivision
plat;
(v) in this chapter; or
(vi) in a county ordinance.
(j) A county may not withhold issuance of a certificate of occupancy or acceptance of
subdivision improvements because of an applicant's failure to comply with a requirement that
is not expressed:
(i) in the building permit or subdivision plat, documents on which the building permit
or subdivision plat is based, or the written record evidencing approval of the building permit or
subdivision plat; or
(ii) in this chapter or the county's ordinances.
(2) A county is bound by the terms and standards of applicable land use ordinances and
shall comply with mandatory provisions of those ordinances.
(3) A county may not, as a condition of land use application approval, require a person
filing a land use application to obtain documentation regarding a school district's willingness,
capacity, or ability to serve the development proposed in the land use application.
(4) Upon a specified public agency's submission of a development plan and schedule as
required in Subsection 
17-27a-305
(8) that complies with the requirements of that subsection,
the specified public agency vests in the county's applicable land use maps, zoning map, hookup
fees, impact fees, other applicable development fees, and land use ordinances in effect on the
date of submission.
Section 6. Section 
17-27a-603
 is amended to read:
17-27a-603.
Plat required when land is subdivided -- Approval of plat -- Owner
acknowledgment, surveyor certification, and underground utility facility owner
verification of plat -- Recording plat.
(1) Unless exempt under Section 
17-27a-605
 or excluded from the definition of
subdivision under Section 
17-27a-103
, whenever any land is laid out and platted, the owner of
the land shall provide an accurate plat that describes or specifies:
(a) a subdivision name that is distinct from any subdivision name on a plat recorded in
the county recorder's office;
(b) the boundaries, course, and dimensions of all of the parcels of ground divided, by
their boundaries, course, and extent, whether the owner proposes that any parcel of ground is
intended to be used as a street or for any other public use, and whether any such area is
reserved or proposed for dedication for a public purpose;
(c) the lot or unit reference, block or building reference, street or site address, street
name or coordinate address, acreage or square footage for all parcels, units, or lots, and length
and width of the blocks and lots intended for sale; and
(d) every existing right-of-way and easement grant of record for an underground
facility, as defined in Section 
54-8a-2
, and for any other utility facility.
(2) (a) Subject to Subsections (3), (4), and (5), if the plat conforms to the county's
ordinances and this part and has been approved by the culinary water authority, the sanitary
sewer authority, and the local health department, as defined in Section 
26A-1-102
, if the local
health department and the county consider the local health department's approval necessary, the
county shall approve the plat.
(b) Counties are encouraged to receive a recommendation from the fire authority before
approving a plat.
(c) A county may not require that a plat be approved or signed by a person or entity
who:
(i) is not an employee or agent of the county; 
or
(ii) does not:
(A) have a legal or equitable interest in the property within the proposed subdivision;
(B) provide a utility or other service directly to a lot within the subdivision;
(C) own an easement or right-of-way adjacent to the proposed subdivision who signs
for the purpose of confirming the accuracy of the location of the easement or right-of-way in
relation to the plat; or
(D) provide culinary public water service whose source protection zone designated as
provided in Section 
19-4-113
 is included, in whole or in part, within the proposed subdivision[
;
or
]
.
[
(iii) is not entitled to notice of the subdivision pursuant to Subsection
17-27a-508
(1)(b)(iv) for the purpose of determining the accuracy of the information depicted
on the plat.
]
(d) For a subdivision application that includes land located within a notification zone,
as determined under Subsection (2)(e), the land use authority shall:
(i) within 20 days after the day on which a complete subdivision application is filed,
provide written notice of the application to the canal owner or associated canal operator contact
described in:
(A) Section 
17-27a-211
;
(B) Subsection 
73-5-7
(2); or
(C) Subsection (4)(c); and
(ii) wait to approve or reject the subdivision application for at least 20 days after the
day on which the land use authority mails the notice under Subsection (2)(d)(i) in order to
receive input from the canal owner or associated canal operator, including input regarding:
(A) access to the canal;
(B) maintenance of the canal;
(C) canal protection; and
(D) canal safety.
(e) The land use authority shall provide the notice described in Subsection (2)(d) to a
canal owner or associated canal operator if:
(i) the canal's centerline is located within 100 feet of a proposed subdivision; and
(ii) the centerline alignment is available to the land use authority:
(A) from information provided by the canal company under Section 
17-27a-211
 using
mapping-grade global positioning satellite units or digitized data from the most recent aerial
photo available to the canal owner or canal operator;
(B) using the state engineer's inventory of canals under Section 
73-5-7
; or
(C) from information provided by a surveyor under Subsection (4)(c).
(3) The county may withhold an otherwise valid plat approval until the owner of the
land provides the legislative body with a tax clearance indicating that all taxes, interest, and
penalties owing on the land have been paid.
(4) (a) A plat may not be submitted to a county recorder for recording unless, subject to
Subsection 
17-27a-604
(2):
(i) prior to recordation, each owner of record of land described on the plat has signed
the owner's dedication as shown on the plat; and
(ii) the signature of each owner described in Subsection (4)(a)(i) is acknowledged as
provided by law.
(b) The surveyor making the plat shall certify that the surveyor:
(i) holds a license in accordance with Title 58, Chapter 22, Professional Engineers and
Professional Land Surveyors Licensing Act;
(ii) has completed a survey of the property described on the plat in accordance with
Section 
17-23-17
 and has verified all measurements; and
(iii) has placed monuments as represented on the plat.
(c) (i) To the extent possible, the surveyor shall consult with the owner or operator of
an existing or proposed underground facility or utility facility within the proposed subdivision,
or a representative designated by the owner or operator, to verify the accuracy of the surveyor's
depiction of the:
(A) boundary, course, dimensions, and intended use of the public rights-of-way, a
public or private easement, or grants of record;
(B) location of an existing underground facility and utility facility; and
(C) physical restrictions governing the location of the underground facility and utility
facility within the subdivision.
(ii) The cooperation of an owner or operator under Subsection (4)(c)(i):
(A) indicates only that the plat approximates the location of the existing underground
and utility facilities but does not warrant or verify their precise location; and
(B) does not affect a right that the owner or operator has under:
(I) Title 54, Chapter 8a, Damage to Underground Utility Facilities;
(II) a recorded easement or right-of-way;
(III) the law applicable to prescriptive rights; or
(IV) any other provision of law.
(5) (a) After the plat has been acknowledged, certified, and approved, the owner of the
land shall, within the time period designated by ordinance, record the plat in the county
recorder's office in the county in which the lands platted and laid out are situated.
(b) An owner's failure to record a plat within the time period designated by ordinance
renders the plat voidable.
Section 7. Section 
73-5-7
 is amended to read:
73-5-7.
Inspection of ditches and diverting works by engineer.
(1) (a) The state engineer shall have authority to examine and inspect any ditch or other
diverting works, and at the time of such inspection, the state engineer may order the owners
thereof to make any addition or alteration that the state engineer considers necessary for the
security of such works, the safety of persons, or the protection of property.
(b) If any person, firm, copartnership, association, or corporation refuses or neglects to
comply with the requirements of the state engineer as described in Subsection (1)(a), the state
engineer may bring action in the name of the state in the district court to enforce the order.
(2) 
(a)
 The state engineer shall, 
to the extent reasonably practicable,
 by July 1, [
]
, inventory and maintain a list of all open, human-made water conveyance systems that
carry 5 cubic feet per second or more in the state, including the following information on each
conveyance system:
[
(a)
] 
(i)
 alignment;
[
(b)
] 
(ii)
 contact information of the owner;
[
(c)
] 
(iii)
 maximum flow capacity in cubic feet per second;
[
(d)
] 
(iv)
 whether the conveyance system is used for flood or storm water management;
and
[
(e)
] 
(v)
 notice of the adoption of a management plan for the conveyance system as
reported to the Division of Water Resources under Section 
73-10-33
.
(b) In counties of the first or second class, the state engineer shall include in the
inventory described in Subsection (2)(a) any enclosed segments of each open, human-made
water conveyance system.
(3) The owner of an open, human-made water conveyance system that carries 5 cubic
feet per second or more shall inform the state engineer if the information described in
Subsection (2) changes.
(4) The state engineer:
(a) may contract with a local conservation district created in Title 17D, Chapter 3,
Conservation District Act, to fulfill the duties described in Subsection (2); and
(b) may contract a local conservation district created in Title 17D, Chapter 3,
Conservation District Act, to provide technical support for a canal owner who is adopting a
management plan, as described in Section 
73-10-33
.