Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 105 (2020GS)

Sponsor

Rep. Wilde, L.

Final action

Governor Signed 3/24/2020

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• defines terms;
• outlines prohibited acts related to water facilities;
• addresses civil actions;
• creates an exception from liability;
• addresses obstruction or changes related to water facilities and rights of way; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

WATER FACILITIES AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Logan Wilde
Senate Sponsor: 
Jani Iwamoto
LONG TITLE
General Description:
This bill addresses water facilities.
Highlighted Provisions:
This bill:
▸ defines terms;
▸ outlines prohibited acts related to water facilities;
▸ addresses civil actions;
▸ creates an exception from liability;
▸ addresses obstruction or changes related to water facilities and rights of way; and
▸ makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
73-1-14
, as last amended by Laws of Utah 2005, Chapter 215
73-1-15
, as last amended by Laws of Utah 2018, Chapter 349
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
73-1-14
 is amended to read:
73-1-14.
Interfering with water facilities or with apportioning official -- Penalty
and liability.
[
(1) Any person, who in any way unlawfully interferes with, injures, destroys or
removes any dam, head gate, weir, casing, valve, cap or other appliance for the diversion,
apportionment, measurement or regulation of water, or who interferes with any person
authorized to apportion water while in the discharge of his duties, is guilty of a crime
punishable under Section 
73-2-27
.
]
(1) As used in this section:
(a) "Interfere," for purposes of a water facility, means damage to or modification of the
water facility that results in actual blockage or diversion of water, stormwater, wastewater, or
sewage.
(b) "Water facility" means a dam, pipeline, culvert, fire hydrant, flume, conduit, ditch,
head gate, canal, reservoir, storage tank, spring box, well, meter, weir, valve, casing, cap, or
other facility used for the diversion, transportation, distribution, measurement, collection, or
storage of water, stormwater, wastewater, or sewage.
(2) A person is guilty of a crime punishable under Section 
73-2-27
 if the person:
(a) maliciously:
(i) interferes with a water facility;
(ii) damages a water facility;
 (iii) destroys a water facility; or
(iv) removes a water facility;
(b) intentionally or knowingly makes a temporary or permanent connection to a water
facility without first obtaining the written consent of the owner of the water facility; or
(c) unlawfully interferes with an individual authorized to apportion water while in the
discharge of the individual's duties.
[
(2)
] 
(3)
 [
Any
] 
A
 person who commits an act defined as a crime under this section is
also liable [
in a civil action
] for damages or other relief [
to any
] 
and costs in a civil action
brought by a
 person injured by that act.
[
(3)
] 
(4)
 (a) A civil action under this section may be brought independent of a criminal
action.
(b) Proof of the elements of a civil action under this section need only be made by a
preponderance of the evidence.
(5) A person who complies with Title 54, Chapter 8a, Damage to Underground Utility
Facilities, Section 
73-1-7
, or Section 
73-1-15.5
 may not be held criminally or civilly liable for
actions allowed by those sections.
Section 2. Section 
73-1-15
 is amended to read:
73-1-15.
Obstructing or change of water facilities -- Penalties.
(1) (a) [
Whenever any
] 
When a
 person has a right-of-way of [
any
] 
an
 established type
or title for [
any canal or other watercourse it shall be
] 
a water facility, as defined in Section
73-1-14
, it is
 unlawful for [
any
] 
a
 person to place or maintain in place any obstruction, or
change of the water flow by fence or otherwise, along
,
 [
or
] across
,
 [
or in such canal or
watercourse
] 
in, or to the water facility
, except as where [
said watercourse
] 
the water facility
inflicts damage to private property, without first:
(i) receiving written permission for the change 
or obstruction
 and providing gates
sufficient for the passage of the owner or owners of [
such canal or watercourse
] 
the water
facility
; or
(ii) complying with the requirements of Section 
73-1-15.5
.
(b) That the vested rights in the established [
canals and watercourse
] 
water facility
shall be protected against all encroachments.
(c) That indemnifying agreements may be entered as may be just and proper by
governmental agencies.
(2) [
Any
] 
A
 person violating this section is guilty of a crime punishable under Section
73-2-27
.
(3) [
Any
] 
A
 person who commits an act defined as a crime under this section is also
liable for damages or other relief and costs in a civil action to [
any
] 
a
 person injured by that act.
(4) (a) A civil action under this section may be brought independent of a criminal
action.
(b) Proof of the elements of a civil action under this section need only be made by a
preponderance of the evidence.