reglab/statecodes huggingface dataset:
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 18 - State Boating Act › Section 17 - Scope of application of chapter -- Identical local ordinances authorized -- Application for special local rules.

Effective 7/1/2021
73-18-17.
Scope of application of chapter -- Identical local ordinances authorized -- Application for special local rules.
(1) This chapter, and other applicable laws of this state govern the operation, equipment, and numbering of vessels whenever any vessel is operated on the waters of this state, or when any activity regulated by this chapter takes place on the waters of this state. Nothing in this chapter prevents the adoption of any ordinance or local law relating to operation and equipment of vessels, the provisions of which are identical to the provisions of this chapter, amendments to this chapter, and rules promulgated under this chapter. Ordinances or local laws shall be operative only so long as and to the extent that they continue to be identical to provisions of this chapter, amendments to this chapter, and rules promulgated under this chapter.
(2) Any political subdivision of this state may, at any time, but only after public notice, formally apply to the division for special rules concerning the operation of vessels on any waters within its territorial limits. The political subdivision shall set forth in the application the reasons which make special rules necessary or appropriate.
Amended by Chapter 280, 2021 General Session
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 18 - State Boating Act › Section 18 - Liability of owner for injury or damage occasioned by negligent operation of vessel by minor.

73-18-18.
Liability of owner for injury or damage occasioned by negligent operation of vessel by minor.
The owner of a vessel shall be liable for any injury or damage occasioned by the negligent operation of such vessel, by a minor under the age of 18 years operating such vessel with the express or implied consent of the owner, whether under the laws of this state or by neglecting to observe such ordinary care and such operation as the rules of common law require.
Amended by Chapter 170, 1961 General Session
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 18 - State Boating Act › Section 20 - Enforcement of chapter -- Authority to stop and board vessels -- Disregarding law enforcement signal to stop as misdemeanor -- Procedure for arrest.

Effective 7/1/2021
73-18-20.
Enforcement of chapter -- Authority to stop and board vessels -- Disregarding law enforcement signal to stop as misdemeanor -- Procedure for arrest.
(1) A law enforcement officer authorized under Title 53, Chapter 13, Peace Officer Classifications, may enforce this chapter, the rules made under this chapter, and the maintenance inspection program for vessels carrying passengers for hire implemented under this chapter.
(2) A law enforcement officer authorized under Title 53, Chapter 13, Peace Officer Classifications, has the authority to stop and board a vessel subject to this chapter, whether the vessel is on water or land. If that law enforcement officer determines the vessel is overloaded, unseaworthy, or the safety equipment required by this chapter or rules of the division is not on the vessel, that law enforcement officer may prohibit the launching of the vessel or stop the vessel from operating.
(3) An operator who, having received a visual or audible signal from a law enforcement officer authorized under Title 53, Chapter 13, Peace Officer Classifications, to bring the operator's vessel to a stop, operates the vessel in willful or wanton disregard of the signal so as to interfere with or endanger the operation of a vessel or endanger an individual, or who attempts to flee or elude the law enforcement officer whether by vessel or otherwise is guilty of a class A misdemeanor.
(4) Whenever an individual is arrested for a violation of this chapter or a rule made under this chapter, the procedure for arrest is the same as described in Sections 77-7-23 and 77-7-24.
Amended by Chapter 280, 2021 General Session
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 18 - State Boating Act › Section 20.1 - Seizure of a vessel.

73-18-20.1.
Seizure of a vessel.
(1) A peace officer, without a warrant, may seize and take possession of a vessel:
(a) that is placed or being operated on the waters of this state with improper registration;
(b) that the peace officer has reason to believe has been stolen;
(c) on which any hull identification number or serial number for an engine or outboard motor has been defaced, altered, or obliterated;
(d) that has been abandoned on public land, highways, or waters of this state; or
(e) if the registration or title fees for the vessel or outboard motor have not been paid.
(2) If necessary for the transportation of a seized vessel, the vessel's trailer may be seized to transport and store the vessel.
(3) Any peace officer seizing or taking possession of a vessel under this section shall comply with the provisions of Section 41-6a-1406.
Amended by Chapter 2, 2005 General Session
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 18 - State Boating Act › Section 20.2 - Defaced, altered, or obliterated identification or serial number -- Release of vessel.

73-18-20.2.
Defaced, altered, or obliterated identification or serial number -- Release of vessel.
If the hull identification number or serial number for the engine or outboard motor of a vessel seized under Section 73-18-20.1 has been defaced, altered, or obliterated, the vessel may not be released until:
(1) the original manufacturer's hull identification number or engine or outboard motor serial number has been replaced; or
(2) a new number assigned by the division or its authorized agent has been provided and has been affixed to the vessel, engine, or outboard motor.
Amended by Chapter 202, 2001 General Session
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 18 - State Boating Act › Section 20.3 - Falsified hull identification, engine, or motor number.

73-18-20.3.
Falsified hull identification, engine, or motor number.
(1) A person is guilty of a third degree felony if he:
(a) with fraudulent intent defaces, destroys, or alters a vessel hull identification number or serial number for an engine or outboard motor;
(b) places or stamps any vessel hull identification number upon a vessel or serial number upon an engine or outboard motor, except one assigned by the division or its authorized agent;
(c) knowingly buys, receives, disposes of, sells, offers for sale, or has in his possession any vessel, or engine or outboard motor removed from a vessel, from which the vessel hull identification number or engine or outboard motor serial number, has been removed, defaced, covered, altered, or destroyed for the purpose of concealing or misrepresenting the identity of the vessel, engine, or outboard motor;
(d) with intent to procure or pass title to a vessel or outboard motor, receives or transfers possession of a vessel or outboard motor which he knows or has reason to believe has been stolen or unlawfully taken; or
(e) has in his possession a vessel or outboard motor which he knows or has reason to believe has been stolen or unlawfully taken, unless the person is a peace officer engaged at the time in the performance of his duty.
(2)
(a) This section does not prohibit the restoration by an owner of an original vessel hull identification number or manufacturer's serial number for an engine or outboard motor if the restoration is made by application to the division or its authorized agent.
(b) This section does not prohibit any manufacturer from placing, in the ordinary course of business, numbers or marks upon vessels, motors, outboard motors, or parts.
Enacted by Chapter 216, 1990 General Session
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 18 - State Boating Act › Section 20.4 - Duty to report falsified vessel or motor number.

Effective 5/12/2015
73-18-20.4.
Duty to report falsified vessel or motor number.
(1) Any person owning or operating a marina, marine dealership, service station, public garage, paint shop, or a vessel repair shop shall immediately notify the local police authorities of any vessel or outboard motor that has any numbers that have apparently been altered, obliterated, or removed.
(2) A violation of this section is a class B misdemeanor.
Amended by Chapter 412, 2015 General Session
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 18 - State Boating Act › Section 20.5 - Reporting of theft and recovery of vessels.

73-18-20.5.
Reporting of theft and recovery of vessels.
(1)
(a) Any peace officer upon receiving reliable information that any vessel or outboard motor has been stolen shall immediately report the theft to the Criminal Investigations and Technical Services Division of the Department of Public Safety, established in Section 53-10-103.
(b) Any peace officer upon receiving information that any vessel or outboard motor which was previously reported as stolen has been recovered shall immediately report the recovery to his law enforcement agency and to the Criminal Investigations and Technical Services Division.
(2) The reporting and recovery procedures for vessels and outboard motors shall be the same as those specified in Section 41-1a-1401 for motor vehicles.
Amended by Chapter 263, 1998 General Session
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 18 - State Boating Act › Section 20.6 - Report by owners or lienholders of thefts and recoveries.

73-18-20.6.
Report by owners or lienholders of thefts and recoveries.
(1) The owner, or person having a lien or encumbrance upon a registered vessel or outboard motor which has been stolen or embezzled, may notify the law enforcement agency having jurisdiction where the theft or embezzlement occurred. If a vessel or outboard motor was embezzled, a report may be made only after having procured the issuance of a warrant for the arrest of the person charged with embezzlement.
(2) Any person who has given any notice under Subsection (1) shall notify the law enforcement agency where the theft or embezzlement was reported of a recovery of the vessel or outboard motor.
Enacted by Chapter 216, 1990 General Session
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 18 - State Boating Act › Section 20.7 - Unlawful control over vessels -- Penalties -- Effect of prior consent -- Accessory or accomplice.

73-18-20.7.
Unlawful control over vessels -- Penalties -- Effect of prior consent -- Accessory or accomplice.
(1) Any person who exercises unauthorized control over a vessel, not his own, without the consent of the owner or lawful custodian and with intent to temporarily deprive the owner or lawful custodian of possession of the vessel, is guilty of a class A misdemeanor.
(2) An offense under this section is a third degree felony if the actor does not return the vessel to the owner or lawful custodian within 24 hours after the exercise of unauthorized control.
(3) The consent of the owner or legal custodian of a vessel to its control by the actor is not in any case presumed or implied because of the owner's or legal custodian's consent on a previous occasion to the control of the vessel by the same or a different person.
(4) Any person who assists in, or is a party or accessory to or an accomplice in, an unauthorized taking or operating of a vessel is guilty of a class A misdemeanor.
Enacted by Chapter 216, 1990 General Session
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 18 - State Boating Act › Section 21 - Violation of chapter as class C misdemeanor.

Effective 5/12/2015
73-18-21.
Violation of chapter as class C misdemeanor.
Unless otherwise specified, any person who violates any provision of this chapter or rule promulgated under this chapter is guilty of a class C misdemeanor.
Amended by Chapter 412, 2015 General Session
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 18 - State Boating Act › Section 22 - Boating Account created -- Contents -- Use of money.

Effective 7/1/2020
73-18-22.
Boating Account created -- Contents -- Use of money.
(1) There is created within the General Fund a restricted account known as the Boating Account.
(2) The restricted account shall consist of, except as provided under Sections 73-18-24 and 73-18-25, all registration fees and related money collected by the division or an authorized agent, less the costs of collecting motorboat and sailboat registration fees by an authorized agent.
(3) The amount retained by an authorized agent under Subsection (2) may not exceed 20% of the fees charged in Section 73-18-7.
(4) Money in the Boating Account may be used for:
(a) the construction, improvement, operation, and maintenance of publicly owned boating facilities;
(b) boater education; and
(c) the payment of the costs and expenses of the division in administering and enforcing this chapter.
Amended by Chapter 195, 2020 General Session
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 18 - State Boating Act › Section 22.3 - Utah Boating Grant Account -- Grant program administered by the Division of Outdoor Recreation.

Effective 1/1/2024
73-18-22.3.
Utah Boating Grant Account -- Grant program administered by the Division of Outdoor Recreation.
(1) There is created within the General Fund a restricted account known as the "Utah Boating Grant Account."
(2) The Utah Boating Grant Account shall consist of:
(a) revenue deposited into the Utah Boating Grant Account under Subsection 59-2-405.2(7) from the statewide uniform fee on a vessel that is less than 31 feet in length and required to be registered with the state;
(b) legislative appropriations;
(c) contributions, grants, gifts, transfers, bequests, and donations specifically directed to the Utah Boating Grant Account; and
(d) interest and earnings on the Utah Boating Grant Account.
(3) An entity eligible for a grant funded through the Utah Boating Grant Account is:
(a) a water conservancy district;
(b) a state agency;
(c) a county; or
(d) a municipality, as defined in Section 10-1-104.
(4) Subject to appropriation, money in the Utah Boating Grant Account may be used for:
(a) construction, repair, and replacement of a publicly owned boating facility, including a boat ramp, courtesy dock, or parking lot;
(b) resource protection of waterway shorelines to prevent or minimize erosion created by vessel wave action;
(c) drought access mitigation;
(d) alternative access development for non-motorized vessels to decrease conflicts, congestion, and safety concerns on existing motorboat access ramps;
(e) search and rescue equipment; and
(f) the payment of the administrative costs of the Division of Outdoor Recreation in administering a grant under this section.
(5) The Division of Outdoor Recreation shall administer the grants under this section pursuant to rules made, after notifying the Outdoor Adventure Commission, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
(6) The Division of Outdoor Recreation shall consult with the advisory committee described in Section 73-18-3.5 before issuing a grant under this section.
Enacted by Chapter 159, 2023 General Session
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 18 - State Boating Act › Section 24 - Search and rescue fee -- Amount -- Deposit.

73-18-24.
Search and rescue fee -- Amount -- Deposit.
(1) In addition to the fee imposed under Section 73-18-7, there is imposed a search and rescue fee of 50 cents on each motorboat or sailboat required to pay the fee imposed under Subsection 73-18-7(2) to be registered or renewed under Section 73-18-7.
(2) The fees imposed under this section shall be collected in the same manner and by the same agency designated to collect the fees imposed under this chapter.
(3) The fees collected under this section shall be deposited in the General Fund as dedicated credits for the Search and Rescue Financial Assistance Program created under Section 53-2a-1101.
Amended by Chapter 295, 2013 General Session
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 18 - State Boating Act › Section 25 - Fees to cover the costs of electronic payments.

Effective 7/1/2018
73-18-25.
Fees to cover the costs of electronic payments.
(1) As used in this section:
(a) "Electronic payment" has the same meaning as defined in Section 41-1a-1221.
(b) "Electronic payment fee" has the same meaning as defined in Section 41-1a-1221.
(2)
(a) The Motor Vehicle Division may collect an electronic payment fee on all registrations and renewals of registration under Section 73-18-7.
(b) The fee described under Subsection (2)(a) shall be imposed regardless of the method of payment for a particular transaction.
(3) The Motor Vehicle Division shall establish the fee according to the procedures and requirements of Section 63J-1-504.
(4) A fee imposed under this section:
(a) shall be deposited in the Electronic Payment Fee Restricted Account created by Section 41-1a-121;
(b) is not subject to Subsection 63J-1-105(3) or (4); and
(c) need not be separately identified from the fees imposed on registrations and renewals of registration under Section 73-18-7.
Amended by Chapter 469, 2018 General Session
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 18 - State Boating Act › Section 25.3 - Collection of the aquatic invasive species fee.

Effective 7/1/2023
73-18-25.3.
Collection of the aquatic invasive species fee.
(1) A person who applies for a vessel registration or registration renewal under Section 73-18-7 may pay the aquatic invasive species fee required under Section 23A-10-304 at the time of registration or registration renewal. If the Division of Motor Vehicles collects the registration fee and a person elects to pay the aquatic invasive species fee at the same time, the payment of the aquatic invasive species fee under this section shall be:
(a) collected by the Division of Motor Vehicles;
(b) treated as a separate fee and not part of the registration fee; and
(c) deposited into the Aquatic Invasive Species Interdiction Account created in Section 23A-3-211, less actual administrative costs associated with collecting and transferring the aquatic invasive species fee by the Division of Motor Vehicles.
(2) Notwithstanding Section 41-1a-116, the Division of Motor Vehicles shall report to the Division of Wildlife Resources identifying information regarding a person who pays the aquatic invasive species fee so that the Division of Wildlife Resources may provide a decal to that person in accordance with Subsection 23A-10-201(6).
Enacted by Chapter 244, 2023 General Session
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 18a - Boating - Litter and Pollution Control › Section 1 - Definitions.

Effective 7/1/2022
73-18a-1.
Definitions.
As used in this chapter:
(1) "Commission" means the Outdoor Adventure Commission.
(2) "Division" means the Division of Outdoor Recreation.
(3) "Human body waste" means excrement, feces, or other waste material discharged from the human body.
(4) "Litter" means any bottles, glass, crockery, cans, scrap metal, junk, paper, garbage, rubbish, or similar refuse discarded as no longer useful.
(5) "Marine toilet" means any toilet or other receptacle permanently installed on or within any vessel for the purpose of receiving human body waste. This term does not include portable toilets which may be removed from a vessel in order to empty its contents.
(6) "Operate" means to navigate, control, or otherwise use a vessel.
(7) "Operator" means the person who is in control of a vessel while it is in use.
(8) "Owner" means a person, other than a lien holder, holding a proprietary interest in or the title to a vessel. The term does not include a lessee under a lease not intended as security.
(9) "Vessel" means every type of watercraft, other than a seaplane on the water, used or capable of being used as a means of transportation on water.
(10) "Waters of this state" means all waters within the territorial limits of this state except those used exclusively for private purposes.
Amended by Chapter 68, 2022 General Session
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 18a - Boating - Litter and Pollution Control › Section 2 - Littering and pollution of water or lands prohibited -- Penalty.

73-18a-2.
Littering and pollution of water or lands prohibited -- Penalty.
(1) A person may not place, throw, deposit, discard, drop, or discharge and the operator of a vessel may not permit to be placed, thrown, deposited, discarded, dropped, or discharged into or upon the waters of this state, or lands adjacent to these waters any litter, human body waste, or other liquid or solid materials which may render the water or lands unsightly, noxious, or otherwise unwholesome or detrimental to the public health or welfare or the enjoyment of the water or lands for all legitimate uses, including recreational purposes.
(2) A person violating any provision of Subsection (1) is guilty of a class B misdemeanor and shall be fined not less than $100 for each violation.
Amended by Chapter 33, 1991 General Session
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 18a - Boating - Litter and Pollution Control › Section 3 - Marine toilets -- Use without pollution control device prohibited -- Containers of body waste -- Discharge into waters prohibited.

73-18a-3.
Marine toilets -- Use without pollution control device prohibited -- Containers of body waste -- Discharge into waters prohibited.
(1) No marine toilet on any vessel used or operated upon the waters of this state may be operated so as to discharge any inadequately treated human body waste into or upon waters of this state directly or indirectly.
(2) No person owning or operating a vessel with a marine toilet may use, or permit the use of, a toilet on the waters of this state, unless the toilet is equipped with facilities that will adequately treat, hold, incinerate, or otherwise handle human body waste in a manner that is capable of preventing water pollution.
(3) No container of human body waste may be placed, left, discharged, or caused to be placed, left, or discharged into or upon any waters of this state or lands adjacent to these waters by any person at any time.
Amended by Chapter 197, 1986 General Session
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 18a - Boating - Litter and Pollution Control › Section 4 - Marine toilets -- Pollution control devices required -- Rules established by division.

Effective 7/1/2022
73-18a-4.
Marine toilets -- Pollution control devices required -- Rules established by division.
(1) Every marine toilet on a vessel used or operated upon the waters of this state shall be equipped with an approved pollution control device in operative condition.
(2) The division, after notifying the commission, shall make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, as provided in this chapter, establishing criteria or standards for definition and approval of acceptable pollution control devices for vessels.
Amended by Chapter 68, 2022 General Session
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 18a - Boating - Litter and Pollution Control › Section 5 - Chemical treatment of marine toilet contents -- Rules established by division and Department of Environmental Quality.

Effective 7/1/2022
73-18a-5.
Chemical treatment of marine toilet contents -- Rules established by division and Department of Environmental Quality.
The division, after notifying the commission, shall establish by rule, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, with approval by the Department of Environmental Quality, as provided in this chapter, standards relating to chemical treatment of marine toilet contents.
Amended by Chapter 68, 2022 General Session
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 18a - Boating - Litter and Pollution Control › Section 8 - Public marinas -- Duty to maintain waste disposal facilities.

73-18a-8.
Public marinas -- Duty to maintain waste disposal facilities.
The owner or whoever is lawfully vested with the possession, management, or control of a public marina or other public waterside facility used by a vessel for launching, docking, mooring, and related purposes shall be required to have, and properly maintain, waste receptacles or similar devices of proper design for the depositing of waste, litter, and human body waste, as required at locations where they can be conveniently used by a vessel's occupants. Waterside toilet facilities may be required if their absence contributes to or creates unsightliness or a hazard to the public health and welfare.
Amended by Chapter 197, 1986 General Session
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 18a - Boating - Litter and Pollution Control › Section 9 - Public educational program.

73-18a-9.
Public educational program.
The division may undertake and enlist the support and cooperation of all agencies, political subdivisions, and organizations to conduct a public educational program designed to inform the public of the undesirability of depositing trash, litter, and other objectionable materials in the waters of this state and the penalties provided by this chapter for such action. The division may use funds provided by the Legislature for this purpose. The division may utilize all means of communication in the conduct of this program.
Amended by Chapter 197, 1986 General Session
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 18a - Boating - Litter and Pollution Control › Section 10 - Enforcement -- Inspection of vessels, marinas, and other boating facilities.

73-18a-10.
Enforcement -- Inspection of vessels, marinas, and other boating facilities.
Enforcement of this chapter or the rules promulgated under it shall be by law enforcement officers. Any vessel in this state is subject to inspection by the officers for the purpose of determining whether the vessel is equipped in compliance with this chapter. If the vessel is not so equipped, the division may suspend its registration until the proper installation is completed or the marine toilet is sealed in a manner which prohibits its use. The division may inspect marinas or other waterside public facilities used by vessels for launching, docking, or mooring purposes to determine whether they are adequately equipped for proper handling, storing, or disposal of waste, litter, or human body waste.
Amended by Chapter 99, 1987 General Session
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 18a - Boating - Litter and Pollution Control › Section 11 - Regulation by political subdivisions prohibited -- Exception.

73-18a-11.
Regulation by political subdivisions prohibited -- Exception.
Through the passage of this chapter, the state fully reserves to itself the exclusive right to establish requirements concerning the disposal of human body waste and litter from a vessel. To ensure statewide uniformity of the disposal of litter or human body waste from a vessel, regulation, other than the adoption for local enforcement of state rules, by any political subdivision of the state is prohibited.
Amended by Chapter 197, 1986 General Session
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 18a - Boating - Litter and Pollution Control › Section 12 - Rules made -- Subject to approval by Department of Environmental Quality.

Effective 7/1/2022
73-18a-12.
Rules made -- Subject to approval by Department of Environmental Quality.
The division, after notifying the commission, may make rules under Title 63G, Chapter 3, Utah Administrative Rulemaking Act, which are necessary for the carrying out of duties, obligations, and powers conferred on the division by this chapter. These rules shall be subject to review and approval by the Department of Environmental Quality. This approval shall be recorded as part of the rules.
Amended by Chapter 68, 2022 General Session
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 18a - Boating - Litter and Pollution Control › Section 14 - Violation of chapter as class B misdemeanor.

73-18a-14.
Violation of chapter as class B misdemeanor.
Unless otherwise specified, any person who violates any provision of this chapter or rule promulgated under this chapter is guilty of a class B misdemeanor.
Amended by Chapter 99, 1987 General Session
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 18a - Boating - Litter and Pollution Control › Section 15 - Arrest for violation -- Procedure.

Effective 5/8/2018
73-18a-15.
Arrest for violation -- Procedure.
Whenever any individual is arrested for any violation of the provisions of this chapter or a rule made under this chapter, the procedure for arrest is the same as described in Sections 77-7-23 and 77-7-24.
Amended by Chapter 150, 2018 General Session
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 18a - Boating - Litter and Pollution Control › Section 18 - Act supplemental to other laws.

73-18a-18.
Act supplemental to other laws.
This act shall not be construed as repealing any laws of the state relating to the pollution or littering of waters or lands thereof or any conservation laws, but shall be held and construed as auxiliary and supplemental thereto.
Enacted by Chapter 195, 1967 General Session
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 18b - Water Safety › Section 1 - Water safety rules and regulations -- Adoption.

Effective 7/1/2022
73-18b-1.
Water safety rules and regulations -- Adoption.
(1) The Division of Outdoor Recreation, after notifying the Outdoor Adventure Commission, may make rules necessary to promote safety in swimming, scuba diving, and related activities on any waters where public boating is permitted.
(2) The Division of Outdoor Recreation may consider recommendations of and cooperate with other state agencies and the owners or operators of those waters.
Amended by Chapter 68, 2022 General Session
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 18b - Water Safety › Section 2 - Filing and publishing regulations.

73-18b-2.
Filing and publishing regulations.
A copy of the regulations adopted pursuant to this act and any amendments thereto shall be filed in the office of the commission and with the Division of Archives and shall be published in a convenient form.
Amended by Chapter 67, 1984 General Session
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 18b - Water Safety › Section 4 - Enforcement of regulations.

Effective 7/1/2021
73-18b-4.
Enforcement of regulations.
A law enforcement officer authorized under Title 53, Chapter 13, Peace Officer Classifications, may enforce this chapter and rules made under the authority of this chapter.
Amended by Chapter 280, 2021 General Session
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 18c - Financial Responsibility of Motorboat Owners and Operators Act › Part 1 - General Provisions › Section 103 - Liability not limited to face amount of owner's security.

73-18c-103.
Liability not limited to face amount of owner's security.
(1) If a person maintains owner's security under this chapter, it does not limit the person's liability to the face amount of the owner's security.
(2) Nothing in this chapter prevents the plaintiff in any action at law from relying for relief upon other processes provided by law.
Enacted by Chapter 348, 1997 General Session
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 18c - Financial Responsibility of Motorboat Owners and Operators Act › Part 2 - Administration › Section 201 - Division to administer and enforce chapter -- Division may adopt rules.

Effective 7/1/2022
73-18c-201.
Division to administer and enforce chapter -- Division may adopt rules.
(1)
(a) The division shall administer this chapter.
(b) A law enforcement officer authorized under Title 53, Chapter 13, Peace Officer Classifications, may enforce this chapter and the rules made under this chapter.
(2) The division, after notifying the commission, may adopt rules as necessary for the administration of this chapter in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
Amended by Chapter 68, 2022 General Session
Amended by Chapter 274, 2022 General Session
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 18c - Financial Responsibility of Motorboat Owners and Operators Act › Part 3 - Owner's or Operator's Security Requirement › Section 301 - Requirement of owner's or operator's security.

73-18c-301.
Requirement of owner's or operator's security.
(1) Each resident owner of a motorboat shall maintain owner's or operator's security in effect at any time that the motorboat is operated on waters of the state.
(2) Each nonresident owner of a motorboat that has been physically present in this state for 90 or fewer days during the preceding 365 days shall maintain the type and amount of owner's or operator's security required in his or her place of residence at any time the motorboat is operated on waters of the state.
(3) Each nonresident owner of a motorboat that has been physically present in this state more than 90 days during the preceding 365 days shall thereafter maintain owner's or operator's security in effect at any time the motorboat is operated on waters of the state.
(4) The state and each of its political subdivisions and their respective departments, institutions, or agencies shall maintain owner's or operator's security in effect at any time their personal watercraft are operated on waters of the state.
(5) Any other state is considered a nonresident owner of its motorboat and is subject to Subsection (2) or (3).
(6) The United States, any political subdivision of it, or any of its agencies may maintain owner's or operator's security in effect for their motorboats.
Amended by Chapter 211, 2006 General Session
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 18c - Financial Responsibility of Motorboat Owners and Operators Act › Part 3 - Owner's or Operator's Security Requirement › Section 302 - Operating motorboats without owner's or operator's security -- Penalty.

Effective 5/12/2015
73-18c-302.
Operating motorboats without owner's or operator's security -- Penalty.
(1) Any owner of a motorboat on which owner's or operator's security is required under Section 73-18c-301, who operates the motorboat or permits it to be operated on waters of the state without owner's security being in effect is guilty of a class C misdemeanor.
(2) Any other person who operates a motorboat upon waters of the state with the knowledge that the owner does not have owner's security in effect for the motorboat is also guilty of a class C misdemeanor, unless that person has in effect owner's or operator's security on a Utah-registered motorboat or its equivalent that covers the operation, by him or her, of the motorboat in question.
Amended by Chapter 412, 2015 General Session
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 18c - Financial Responsibility of Motorboat Owners and Operators Act › Part 3 - Owner's or Operator's Security Requirement › Section 303 - Condition to obtaining registration.

73-18c-303.
Condition to obtaining registration.
The owner of a motorboat required to maintain owner's security under Section 73-18c-301 shall be required to swear or affirm, in writing, that he or she has owner's security in effect at the time of registering the motorboat.
Amended by Chapter 211, 2006 General Session
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 18c - Financial Responsibility of Motorboat Owners and Operators Act › Part 3 - Owner's or Operator's Security Requirement › Section 304 - Evidence of owner's or operator's security to be carried when operating motorboat -- Defense -- Penalties.

Effective 5/12/2015
73-18c-304.
Evidence of owner's or operator's security to be carried when operating motorboat -- Defense -- Penalties.
(1)
(a)
(i) Except as provided in Subsection (1)(a)(ii), a person operating a motorboat shall:
(A) have in the person's immediate possession evidence of owner's or operator's security for the motorboat the person is operating; and
(B) display it upon demand of a peace officer.
(ii) A person operating a government-owned or government-leased motorboat is exempt from the requirements of Subsection (1)(a)(i).
(b) Evidence of owner's or operator's security includes any one of the following:
(i) the operator's:
(A) insurance policy;
(B) binder notice;
(C) renewal notice; or
(D) card issued by an insurance company as evidence of insurance;
(ii) a copy of a surety bond, certified by the surety, which conforms to Section 73-18c-102;
(iii) a certificate of the state treasurer issued under Section 73-18c-305; or
(iv) a certificate of self-funded coverage issued under Section 73-18c-306.
(2) It is an affirmative defense to a charge under this section that the person had owner's or operator's security in effect for the motorboat the person was operating at the time of the person's citation or arrest.
(3)
(a) A letter from an insurance producer or company verifying that the person had the required liability insurance coverage on the date specified is considered proof of owner's or operator's security for purposes of Subsection (2).
(b) The court considering a citation issued under this section shall allow the letter under Subsection (3)(a) and a copy of the citation to be faxed or mailed to the clerk of the court to satisfy Subsection (2).
(4) A violation of this section is a class C misdemeanor.
(5) If a person is convicted of a violation of this section and if the person is the owner of a motorboat, the court shall:
(a) require the person to surrender the person's registration materials to the court; and
(b) forward the registration materials, together with a copy of the conviction, to the division.
(6)
(a) Upon receiving notification from a court of a conviction for a violation of this section, the division shall revoke the person's motorboat registration.
(b) Any registration revoked shall be renewed in accordance with Section 73-18-7.
Amended by Chapter 412, 2015 General Session
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 18c - Financial Responsibility of Motorboat Owners and Operators Act › Part 3 - Owner's or Operator's Security Requirement › Section 305 - State treasurer's certificate to satisfy owner's or operator's security requirement.

73-18c-305.
State treasurer's certificate to satisfy owner's or operator's security requirement.
(1) A certificate of the state treasurer that conforms to this section satisfies the owner's or operator's security requirement of Section 73-18c-301.
(2) The certificate of the state treasurer shall certify that the person named in it has deposited in trust with the state treasurer cash in an amount equal to twice the single limit under Subsection 31A-22-1503(2) or securities with a fair market value of a similar amount, which securities are legal investments for insurers under Section 31A-18-105. The state treasurer may not accept a deposit and issue a certificate for it, unless the deposit is accompanied by evidence that there are no unsatisfied liens of any character on the assets deposited.
(3) The deposit shall be held by the state treasurer in trust to satisfy any execution on a judgment that would be paid under an insurance policy conforming to Sections 31A-22-1502 and 31A-22-1503 had the treasurer issued such a policy.
(4) Except as provided under Subsection (3), assets deposited with the treasurer under this chapter are exempt from attachment or execution.
Enacted by Chapter 348, 1997 General Session
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 18c - Financial Responsibility of Motorboat Owners and Operators Act › Part 3 - Owner's or Operator's Security Requirement › Section 306 - Certificate of self-funded coverage as proof of owner's or operator's security.

73-18c-306.
Certificate of self-funded coverage as proof of owner's or operator's security.
(1) The division may, upon the application of any person, issue a certificate of self-funded coverage when it is satisfied that the person has:
(a) more than 24 motorboats; and
(b) on deposit, in a form approved by the division, cash or securities in an amount of $200,000 plus $100 for each motorboat up to and including 1,000 motorboats and $50 for each motorboat over 1,000 motorboats.
(2) Persons holding a certificate of self-funded coverage under this chapter shall pay benefits to persons injured from the self-funded person's operation, maintenance, and use of motorboats as would an insurer issuing a policy to the self-funded person containing the coverages under Sections 31A-22-1502 and 31A-22-1503.
(3) In accordance with Title 63G, Chapter 4, Administrative Procedures Act, the division may, upon reasonable grounds, cancel the certificate. Failure to pay any judgment up to the limit under Subsection 31A-22-1503(2) within 30 days after the judgment is final is a reasonable ground to cancel the certificate.
(4) Any government entity with self-funded coverage for government-owned motorboats under Title 63G, Chapter 7, Governmental Immunity Act of Utah, meets the requirements of this section.
Amended by Chapter 382, 2008 General Session
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 18c - Financial Responsibility of Motorboat Owners and Operators Act › Part 3 - Owner's or Operator's Security Requirement › Section 307 - Claims adjustment by persons with owner's or operator's security other than insurance.

73-18c-307.
Claims adjustment by persons with owner's or operator's security other than insurance.
(1) An owner or operator of a motorboat who maintains owner's or operator's security by a means other than an insurance policy under Section 73-18c-102, shall refer all bodily injury claims against the owner's or operator's security to an independent adjuster licensed under Title 31A, Chapter 26, Insurance Adjusters, or to an attorney.
(2) Unless otherwise provided by contract, any motorboat claim adjustment expense incurred by a person maintaining owner's or operator's security by a means other than an insurance policy under Section 73-18c-102, shall be paid by the person who maintains this type of owner's or operator's security.
(3) Owners and operators of motorboats maintaining owner's or operator's security by a means other than an insurance policy under Section 73-18c-102 are subject to the claim adjustment provisions of Title 31A, Chapter 26, Part 3, Claim Practices, in connection with claims against persons which arise out of the ownership, maintenance, or use of a motorboat.
Amended by Chapter 211, 2006 General Session
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 18c - Financial Responsibility of Motorboat Owners and Operators Act › Part 3 - Owner's or Operator's Security Requirement › Section 308 - Providing false evidence of owner's or operator's security -- Penalty.

73-18c-308.
Providing false evidence of owner's or operator's security -- Penalty.
(1) A person who provides evidence of owner's or operator's security to a peace officer under Section 73-18-13.5 or 73-18c-304 knowing or having reason to believe that the evidence of owner's or operator's security is false or that it is evidence of owner's or operator's security that is not in effect is guilty of a class B misdemeanor.
(2) A person is guilty of a class A misdemeanor if the person:
(a) forges or, without authority, signs any evidence of proof of owner's or operator's security; or
(b) falsely swears or affirms when obtaining a registration under Section 73-18c-303.
Enacted by Chapter 348, 1997 General Session
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 19 - Columbia Interstate Compact › Section 6 - Ratification.

73-19-6.
Ratification.
The Columbia Interstate Compact entered into at Portland, Oregon, on the 8th day of October, 1962, by the Columbia River Basin states, namely Idaho, Montana, Nevada, Oregon, Utah, Washington, and Wyoming, by the representatives of those states with the approval of the representative of the United States of America is unconditionally ratified, approved and confirmed for and by the state of Utah.
Enacted by Chapter 177, 1963 General Session
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 19 - Columbia Interstate Compact › Section 8 - Original compact -- Act as ratifying.

73-19-8.
Original compact -- Act as ratifying.
The compact ratified by this act is the original signed by the commissioners representing the states of Idaho, Montana, Nevada, Oregon, Utah, Washington, and Wyoming and approved by the representative of the United States of America and deposited in the archives of the Department of State of the United States of America and with the Division of Archives of the state of Utah.
Amended by Chapter 67, 1984 General Session
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 19 - Columbia Interstate Compact › Section 10 - Errors in copying not to invalidate ratification.

73-19-10.
Errors in copying not to invalidate ratification.
Any errors, if any, in copying the original compact in Section 73-19-7 hereof shall be held not to invalidate the ratification of the compact in any manner whatsoever.
Enacted by Chapter 177, 1963 General Session
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 20 - Emergency Water Resources › Section 1 - Purpose of act -- Legislative finding.

73-20-1.
Purpose of act -- Legislative finding.
It is the purpose of this act to provide financial assistance to commercial farmers and ranchers within the state who own or lease commercial farms or ranches and who are engaged primarily in the production of basic livestock herds in conjunction with such agricultural activity to enable them to provide adequate water supplies for the maintenance and preservation of such herds.
The Legislature finds that drought conditions in the state have resulted in a severe deterioration of range and pasture land which will have a detrimental effect upon the basic livestock industry within the state and upon the people of the state unless financial assistance for the purpose of developing emergency water resources to water basic livestock are made available to those in need.
Enacted by Chapter 6, 1977 Special Session 1
Enacted by Chapter 6, 1977 Special Session 1
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 20 - Emergency Water Resources › Section 2 - Definitions.

Effective 5/5/2021
73-20-2.
Definitions.
As used in this chapter:
(1) "Advisory board executive committee" means the executive committee of the Agricultural Advisory Board created by Section 4-2-108.
(2) "Basic livestock" means a herd of cattle, sheep, or swine kept and maintained primarily for breeding purposes.
(3) "Board" means the Board of Water Resources created by Section 73-10-1.5.
(4) "Commercial farm" means a tract or tracts of land with or without improvements recognized as a farm or ranch in this state which is owned and operated or leased and operated by the applicant, and used in the production and raising of basic livestock.
(5) "Farmer" means any person who owns and operates or leases and operates a commercial farm in this state, and includes individuals, partnerships and corporations.
Amended by Chapter 126, 2021 General Session
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 20 - Emergency Water Resources › Section 3 - Authority of Board of Water Resources.

73-20-3.
Authority of Board of Water Resources.
The board is authorized to develop water resources and make such resources available to farmers and ranchers based upon demonstrated need from emergency funds appropriated and deposited in the emergency water resources construction account created pursuant to this act, for the exclusive purpose of developing and making water resources available to farmers and ranchers including, but not limited to, the development of springs, the drilling of wells, the installation of necessary water pipes, the construction of livestock watering storage ponds and the construction of livestock watering troughs or other watering facilities.
Enacted by Chapter 6, 1977 Special Session 1
Enacted by Chapter 6, 1977 Special Session 1