reglab/housing_qa huggingface dataset:
UT Code § 73-29-202 (2021)
2021 Utah Code|Title 73 - Water and Irrigation|Chapter 29 - Public Waters Access Act|Part 2 - Recreational Access to Public Water|Section 202 - Public right to float on public waters.

73-29-202. Public right to float on public waters.    (1) There is a public right to float on public water that has sufficient width, depth, and flow to allow free passage of the chosen vessel at the time of floating.     (2) Subsection (1) includes the right to:   (a) incidentally touch private property as required for safe passage and continued movement;     (b) portage around a dangerous obstruction in the water, if portage is made in a manner that is:   (i) most direct;     (ii) least invasive; and     (iii) closest to the water; and       (c) fish while floating.       (3) A person exercising the right that this section recognizes:   (a) shall enter and exit the water at a point on public property or private property with permission of the owner; and     (b) may not stop on private property.       (4)   (a) The right this section recognizes does not prevent the establishment of broader public recreational access in accordance with this chapter.     (b) Notwithstanding Subsection (4)(a), the right this section recognizes does not establish broader public recreational access.      Amended by Chapter 340, 2011 General Session
UT Code § 73-29-203 (2021)
2021 Utah Code|Title 73 - Water and Irrigation|Chapter 29 - Public Waters Access Act|Part 2 - Recreational Access to Public Water|Section 203 - Establishment of public recreational access.

73-29-203. Establishment of public recreational access.    (1) Public recreational access is established if:   (a) the private property has been used by the public for recreational access requiring the use of the public water for a period of at least 10 consecutive years that begins after September 22, 1982; and     (b) the public use has been:   (i) continuous during the season conducive to the recreational access;     (ii) open and notorious;     (iii) adverse; and     (iv) without interruption.         (2) The permissive use of a public water on private property granted by the owner is not an adverse use.     (3)   (a) A property owner's overt act intended to interrupt uninvited recreational access is a sufficient interruption to restart any period of use that may have already begun under Subsection (1) if the evidence, taken as a whole, shows that the act came to the attention of the public or resulted in actual interruption.     (b) If an overt act is established in a final judgment to have interrupted recreational access, no other person may challenge the existence of the overt act in a subsequent action.       (4) The extent and nature of the public recreational access permitted under Subsection (1) is determined by the nature of the historical recreational access during the 10 consecutive years required under Subsection (1).     (5) When a public water is a lake, pond, or reservoir located on a natural stream and on private property, any portion that has been developed or protected for private hunting is not subject to public recreational access even though the remainder of the public water qualifies for public recreational access under this section.     (6) A right of public recreational access on private property, established in accordance with this section, may not be closed without authorization of other law.    Enacted by Chapter 410, 2010 General Session
UT Code § 73-29-204 (2021)
2021 Utah Code|Title 73 - Water and Irrigation|Chapter 29 - Public Waters Access Act|Part 2 - Recreational Access to Public Water|Section 204 - Quiet title action.

73-29-204. Quiet title action.    (1)   (a) A person, including the division, may file a quiet title action in accordance with Title 78B, Chapter 6, Part 13, Quiet Title, to obtain a judicial declaration of the existence of a right to public recreational access under Section 73-29-203.     (b) The division may intervene in a quiet title action filed in accordance with Subsection (1).     (c) The division may not be compelled to:   (i) file a quiet title action; or     (ii) join a quiet title action filed by another person.         (2) The claimant in a quiet title action under Subsection (1) shall:   (a) name the property owner of record as a party; and     (b) notify the division of the suit by certified mail no later than 20 days after the day on which the quiet title action is filed.       (3) Within five days after receiving notice in accordance with Subsection (2)(b), the division shall post notice of a quiet title action under this section on its Internet website.     (4) A quiet title action under this section shall be commenced within four years after the day on which a period of prescriptive use ceases.     (5) The burden of proof for a quiet title action under this section is on the claimant to prove the existence of a right to public recreational access or floating access under Section 73-29-203 by clear and convincing evidence.     (6) A quiet title action under this section is limited to a declaration concerning the property and property owner joined in the action.     (7)   (a) Multiple claimants and multiple property owners may be included in a quiet title action concerning public water common to the property owners.     (b) In a case with multiple property owners, the court shall make a separate finding concerning each property owner included in the action.       (8) A final judgment on the merits that a piece of private property is not subject to public recreational access:   (a) is binding; and     (b) may not be challenged in subsequent litigation.       (9) The court may award attorney fees and costs in an action under this section if the court finds that the losing party's arguments lack a reasonable basis in law or fact.    Enacted by Chapter 410, 2010 General Session
UT Code § 73-29-205 (2021)
2021 Utah Code|Title 73 - Water and Irrigation|Chapter 29 - Public Waters Access Act|Part 2 - Recreational Access to Public Water|Section 205 - Injunctive relief.

73-29-205. Injunctive relief.    (1) The owner of private property may obtain injunctive relief against a person who, without permission, enters, remains, or persists in an effort to enter or remain on the owner's property for recreational use of public water other than use in accordance with Sections 73-29-202 and 73-29-203, when effective.     (2) An injunction under this section is in addition to any remedy for trespass.     (3) The existence of an easement under Section 73-29-203 is a defense in an action for injunctive relief under this section or a claim of trespass under other law.     (4) If a person against whom an injunction is sought, or a person charged with trespass, establishes by clear and convincing evidence the existence of an easement for defense purposes, as described in Subsection (3), the establishment of the existence of the easement applies only to the defense and does not constitute a judicial declaration of the easement's existence for another purpose.     (5) If an owner obtains an injunction against a person under this section, the injunction does not serve as a declaration that there is no public easement on the owner's property.     (6) The court may award attorney fees and costs in an action under this section if the court finds that the losing party's arguments lack a reasonable basis in law or fact.    Enacted by Chapter 410, 2010 General Session
UT Code § 73-29-206 (2021)
2021 Utah Code|Title 73 - Water and Irrigation|Chapter 29 - Public Waters Access Act|Part 2 - Recreational Access to Public Water|Section 206 - Effect of chapter on other uses and restrictions -- Required acts.

73-29-206. Effect of chapter on other uses and restrictions -- Required acts.    (1) Nothing in this chapter affects the right of the public to use public water for public recreational access, including the touching of the bed beneath the public water if:   (a) the bed beneath the public water is public property; or     (b) the bed beneath the public water is private property to which access is not restricted.       (2) A person using a public water for public recreational access is subject to any other restriction lawfully placed on the use of the public water by a governmental entity with authority to restrict the use of the public water.     (3) Nothing in this chapter limits or enlarges any right granted by express easement.     (4) When leaving a public access area, a person shall remove any refuse or tangible personal property the person brought into the public access area.    Enacted by Chapter 410, 2010 General Session
UT Code § 73-29-207 (2021)
2021 Utah Code|Title 73 - Water and Irrigation|Chapter 29 - Public Waters Access Act|Part 2 - Recreational Access to Public Water|Section 207 - Fences across public water.

73-29-207. Fences across public water.    (1) The owner of a public access area adjacent to and lying beneath a public water may place a fence or obstruction across a public water for agricultural, livestock, or other lawful purposes.     (2) A fence or other obstruction shall:   (a) comply with an applicable federal, state, or local law; and     (b) be constructed in a manner that does not create an unreasonably dangerous condition to the public lawfully using the public water.       (3) The owner of a public access area shall allow the placement of a ladder, gate, or other facility allowing portage around a fence or obstruction if:   (a) the owner places a fence or obstruction across a public water in accordance with Subsection (1); and     (b) the water is open to public recreational access by permission or under Section 73-29-203.      Enacted by Chapter 410, 2010 General Session
UT Code § 73-29-208 (2021)
2021 Utah Code|Title 73 - Water and Irrigation|Chapter 29 - Public Waters Access Act|Part 2 - Recreational Access to Public Water|Section 208 - Severability.

73-29-208. Severability.  If any of this chapter's provisions, or the application of any of this chapter's provisions, is held to be unconstitutional, the provision is severable and this chapter's other provisions and applications remain effective.  Enacted by Chapter 410, 2010 General Session
UT Code § 73-30-101 (2021)
2021 Utah Code|Title 73 - Water and Irrigation|Chapter 30 - Great Salt Lake Advisory Council Act|Part 1 - General Provisions|Section 101 - Title.

 Affected by 63I-1-273 on 7/1/2027 73-30-101. Title.  This chapter is known as the "Great Salt Lake Advisory Council Act."  Enacted by Chapter 141, 2010 General Session
UT Code § 73-30-102 (2021)
2021 Utah Code|Title 73 - Water and Irrigation|Chapter 30 - Great Salt Lake Advisory Council Act|Part 1 - General Provisions|Section 102 - Definition.

 Affected by 63I-1-273 on 7/1/2027 73-30-102. Definition.  As used in this chapter, "council" means the Great Salt Lake Advisory Council created in Section 73-30-201.  Enacted by Chapter 141, 2010 General Session
UT Code § 73-30-201 (2021)
2021 Utah Code|Title 73 - Water and Irrigation|Chapter 30 - Great Salt Lake Advisory Council Act|Part 2 - Advisory Council Organization and Duties|Section 201 - Advisory council created -- Staffing -- Per diem and travel expenses.

 Affected by 63I-1-273 on 7/1/2027  Effective 5/12/2020  73-30-201. Advisory council created -- Staffing -- Per diem and travel expenses.    (1) There is created an advisory council known as the "Great Salt Lake Advisory Council" consisting of 11 members listed in Subsection (2).     (2)   (a) The governor shall appoint the following members, with the advice and consent of the Senate:   (i) one representative of industry representing the extractive industry;     (ii) one representative of industry representing aquaculture;     (iii) one representative of conservation interests;     (iv) one representative of a migratory bird protection area as defined in Section 23-28-102;     (v) one representative who is an elected official from municipal government, or the elected official's designee;     (vi) five representatives who are elected officials from county government, or the elected official's designee, one each representing:   (A) Box Elder County;     (B) Davis County;     (C) Salt Lake County;     (D) Tooele County; and     (E) Weber County; and       (vii) one representative of a publicly owned treatment works.         (3)   (a) Except as required by Subsection (3)(b), each member shall serve a four-year term.     (b) Notwithstanding Subsection (3)(a), at the time of appointment or reappointment, the governor shall adjust the length of terms of voting members to ensure that the terms of council members are staggered so that approximately half of the council is appointed every two years.     (c) When a vacancy occurs in the membership for any reason, the governor shall appoint a replacement for the unexpired term with the advice and consent of the Senate.     (d) A member shall hold office until the member's successor is appointed and qualified.       (4) The council shall determine:   (a) the time and place of meetings; and     (b) any other procedural matter not specified in this chapter.       (5)   (a) Attendance of six members at a meeting of the council constitutes a quorum.     (b) A vote of the majority of the members present at a meeting when a quorum is present constitutes an action of the council.       (6) A member may not receive compensation or benefits for the member's service, but may receive per diem and travel expenses in accordance with:   (a) Section 63A-3-106;     (b) Section 63A-3-107; and     (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and 63A-3-107.       (7) The Department of Natural Resources and the Department of Environmental Quality shall coordinate and provide necessary staff assistance to the council.    Amended by Chapter 352, 2020 General Session
UT Code § 73-30-202 (2021)
2021 Utah Code|Title 73 - Water and Irrigation|Chapter 30 - Great Salt Lake Advisory Council Act|Part 2 - Advisory Council Organization and Duties|Section 202 - Duties of the council.

 Affected by 63I-1-273 on 7/1/2027 73-30-202. Duties of the council.    (1)   (a) The council shall advise the persons listed in Subsection (1)(b) on the sustainable use, protection, and development of the Great Salt Lake in terms of balancing:   (i) sustainable use;     (ii) environmental health; and     (iii) reasonable access for existing and future development.       (b) The council shall advise, as provided in Subsection (1)(a):   (i) the governor;     (ii) the Department of Natural Resources; and     (iii) the Department of Environmental Quality.         (2) The council shall assist the Division of Forestry, Fire, and State Lands in its responsibilities for the Great Salt Lake described in Section 65A-10-8.     (3) The council:   (a) may recommend appointments to the Great Salt Lake technical team created by the Division of Forestry, Fire, and State Lands; and     (b) shall receive and utilize technical support from the Great Salt Lake technical team.       (4) The council shall assist the Department of Natural Resources, the Department of Environmental Quality, and their applicable boards in accomplishing their responsibilities for the Great Salt Lake.     (5) The council shall report annually to the Natural Resources, Agriculture, and Environmental Quality Appropriations Subcommittee on the council's activities.    Amended by Chapter 242, 2012 General Session
UT Code § 73-31-101 (2021)
2021 Utah Code|Title 73 - Water and Irrigation|Chapter 31 - Water Banking Act|Part 1 - General Provisions|Section 101 - Title.

 Affected by 63I-1-273 on 12/31/2030  Effective 5/12/2020  73-31-101. Title.  This chapter is known as the "Water Banking Act." Enacted by Chapter 342, 2020 General Session
UT Code § 73-31-102 (2021)
2021 Utah Code|Title 73 - Water and Irrigation|Chapter 31 - Water Banking Act|Part 1 - General Provisions|Section 102 - Definitions.

 Affected by 63I-1-273 on 12/31/2030  Effective 5/12/2020  73-31-102. Definitions.  As used in this chapter:  (1) "Applicant" means:   (a) a record holder of a perfected water right or a valid diligence claim applying for board approval of a statutory water bank under Part 2, Statutory Water Banks; or     (b) a public entity applying for board approval of a contract water bank under Part 3, Contract Water Banks.       (2) "Application" means an application submitted to the board to approve a water bank.     (3) "Approved change application" means a change application that the state engineer approves to authorize a water right holder to deposit a water right in a water bank pursuant to this chapter and Section 73-3-3 or 73-3-3.5.     (4) "Banked water right" means a water right, or a portion of a water right, deposited in a water bank that the state engineer has authorized for use in a water bank through an approved change application.     (5) "Board" means the Board of Water Resources.     (6) "Borrower" means a person seeking to use a banked water right within a water bank's service area.     (7) "Contract water bank" means a water bank created pursuant to Part 3, Contract Water Banks.     (8) "Delivery request" means a request to use a banked water right made by a borrower in accordance with a water bank's policies approved under the water bank's application.     (9) "Deposit" means depositing a banked water right for use within the service area of a water bank.     (10) "Depositor" means a person seeking to deposit a water right in a water bank.     (11) "Hereafter use" means the conditions of use the state engineer authorizes for a banked water right during the term of an approved change application.     (12) "Heretofore use" means the authorized conditions of use that were in effect before the state engineer approved a change application authorizing new conditions for the use of a banked water right.     (13) "Loaned water rights" means a banked water right that is used pursuant to an approved delivery request.     (14) "Perfected water right" means a water right evidenced by:   (a) a decree;     (b) a certificate of appropriation; or     (c) a proposed determination or court order issued in a general adjudication.       (15) "Public entity" means the same as that term is defined in Section 73-1-4 except for the United States or an agency of the United States.     (16) "Reporting year" means November 1 through October 31.     (17) "Service area" means the geographic area where a water bank is approved to operate and operates.     (18) "State engineer" means the state engineer appointed under Section 73-2-1.     (19) "Statutory water bank" means a water bank created pursuant to Part 2, Statutory Water Banks.     (20) "Water bank" means a contract water bank or a statutory water bank.     (21) "Water banking website" means a website overseen by the board in accordance with Section 73-31-103.    Enacted by Chapter 342, 2020 General Session
UT Code § 73-31-103 (2021)
2021 Utah Code|Title 73 - Water and Irrigation|Chapter 31 - Water Banking Act|Part 1 - General Provisions|Section 103 - Notice -- Website.

 Affected by 63I-1-273 on 12/31/2030  Effective 5/12/2020  73-31-103. Notice -- Website.    (1) A notice required under this chapter shall be posted in accordance with Subsection 73-3-6(1) and to a water bank's website, unless otherwise specified.     (2) The board may create and oversee a website for the purpose of making water banking information available to the public.    Enacted by Chapter 342, 2020 General Session
UT Code § 73-31-104 (2021)
2021 Utah Code|Title 73 - Water and Irrigation|Chapter 31 - Water Banking Act|Part 1 - General Provisions|Section 104 - Objectives of water banks.

 Affected by 63I-1-273 on 12/31/2030  Effective 5/12/2020  73-31-104. Objectives of water banks.  The objectives in creating a water bank are to:  (1) promote:   (a) the optimal use of the public's water;     (b) transparency and access to water markets;     (c) temporary, flexible, and low cost water transactions between water users; and     (d) Utah's agricultural economy by providing access to water resources and income for Utah's agricultural industry; and       (2) facilitate:   (a) robust and sustainable agricultural production while meeting growing municipal and industrial water demands, such as fallowing arrangements;     (b) water quality improvement;     (c) water rights administration and distribution; and     (d) a healthy and resilient natural environment.      Enacted by Chapter 342, 2020 General Session
UT Code § 73-31-105 (2021)
2021 Utah Code|Title 73 - Water and Irrigation|Chapter 31 - Water Banking Act|Part 1 - General Provisions|Section 105 - Scope.

 Affected by 63I-1-273 on 12/31/2030  Effective 5/12/2020  73-31-105. Scope.  Nothing in this chapter prevents a person from entering into an agreement regarding the use of a water right that differs from the requirements of this chapter, except that only a water bank approved under this chapter may avail itself of the statutory provisions that apply to a water bank. Enacted by Chapter 342, 2020 General Session
UT Code § 73-31-106 (2021)
2021 Utah Code|Title 73 - Water and Irrigation|Chapter 31 - Water Banking Act|Part 1 - General Provisions|Section 106 - Board assistance.

 Affected by 63I-1-273 on 12/31/2030  Effective 5/12/2020  73-31-106. Board assistance.  The board may direct the Division of Water Resources to assist the board in fulfilling the board's responsibilities under this chapter. Enacted by Chapter 342, 2020 General Session
UT Code § 73-31-107 (2021)
2021 Utah Code|Title 73 - Water and Irrigation|Chapter 31 - Water Banking Act|Part 1 - General Provisions|Section 107 - Fees.

 Affected by 63I-1-273 on 12/31/2030  Effective 5/12/2020  73-31-107. Fees.    (1) The board may charge fees, set pursuant to Section 63J-1-504, to cover the costs of processing and administering:   (a) a statutory water bank application; or     (b) a contract water bank application.       (2) The board shall charge a uniform fee for a statutory water bank application and a uniform fee for a contract water bank application.     (3) The board may charge a different fee for a statutory water bank application than is charged for a contract water bank application.     (4) Fees collected under this section shall be deposited in the General Fund as a dedicated credit to be used by the board to implement this chapter.    Enacted by Chapter 342, 2020 General Session
UT Code § 73-31-201 (2021)
2021 Utah Code|Title 73 - Water and Irrigation|Chapter 31 - Water Banking Act|Part 2 - Statutory Water Banks|Section 201 - Approval of statutory water bank.

 Affected by 63I-1-273 on 12/31/2030  Effective 5/12/2020  73-31-201. Approval of statutory water bank.    (1) The board shall approve an application to create a statutory water bank that satisfies this part.     (2) As a condition of approval, a statutory water bank is subject to this chapter.    Enacted by Chapter 342, 2020 General Session