Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 166 First Substitute (2022GS)

Sponsor

Rep. Watkins, C.

Final action

Governor Signed 3/24/2022

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• modifies criminal and civil provisions related to water facilities, including defining terms, repealing language, and amending criminal intent provisions;
• clarifies award of attorney fees and costs;
• addresses scope of the section; and
• makes technical changes.

Every vote on this bill

Bill text

WATER FACILITY AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Christine F. Watkins
Senate Sponsor: 
Jani Iwamoto
LONG TITLE
General Description:
This bill modifies provisions related to water facilities.
Highlighted Provisions:
This bill:
▸ modifies criminal and civil provisions related to water facilities, including defining
terms, repealing language, and amending criminal intent provisions;
▸ clarifies award of attorney fees and costs;
▸ addresses scope of the section; and
▸ makes technical 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 2020, Chapter 64
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
73-1-14
 is amended to read:
73-1-14.
Acts against water facilities or interfering with apportioning official --
Penalty and liability.
(1) As used in this section:
(a) "Connection to a water facility" includes:
(i) to introduce water or another substance into or take water from a water facility
through a pipeline, flume, ditch, canal, trench, holding pond, or water collection structure;
(ii) to place or maintain a structure capable of introducing water or another substance
directly into or of taking water from a water facility from a pipeline, flume, ditch, canal, trench,
holding pond, or water collection structure; or
(iii) to cut into or breach a canal or ditch bank for the purpose of introducing water or
another substance into or of taking water from the canal or ditch.
[
(a)
] 
(b)
 "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.
(c) "Knowingly" means the same as that term is defined in Section 
76-2-103
.
[
(b)
] 
(d)
 "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,
containment,
 or storage of water, stormwater, wastewater, or sewage.
(2) [
A
] 
Subject to Subsection (6), 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)
] 
(a)
 [
intentionally or
] knowingly makes a temporary or permanent connection to a
water facility without
:
(i)
 first obtaining the written consent of the owner 
or operator
 of the water facility; or
(ii) having other lawful authority; or
[
(c)
] 
(b)
 [
unlawfully
] 
without lawful authority, knowingly
 interferes with an individual
authorized to apportion water while in the discharge of the individual's duties.
(3) A person who commits an act defined as a crime under this section is also liable for
damages [
or
]
,
 other relief
,
 and [
costs
] 
reasonable costs and attorney fees as provided in Section
73-2-28
,
 in a civil action brought by 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.
(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.
(6) (a) "Person" for purposes of this section does not include a government entity,
including a political subdivision of the state.
(b) This section may not be interpreted to limit or impair a claim otherwise provided by
law of a water facility owner or operator against a government entity.