State Codes and Statutes

Statutes > Utah > Title-73 > Chapter-05 > 73-5-9

73-5-9. Powers of state engineer as to waste, pollution, or contamination of waters.
(1) To prevent waste, loss, pollution, or contamination of any waters whether above orbelow the ground, the state engineer may require the repair or construction of head gates or otherdevices on ditches or canals, and the repair or installation of caps, valves, or casings on any wellor tunnel or the plugging or filling thereof to accomplish the purposes of this section.
(2) Any requirement made by the state engineer in accordance with this section shall beexecuted by and at the cost and expense of the owner, lessee or person having control of suchdiverting works affected.
(3) If within 10 days after notice of such requirement as provided in this section, theowner, lessee or person having control of the water affected, has not commenced to carry outsuch requirement, or if he has commenced to comply therewith but shall not thereafter proceeddiligently to complete the work, the state engineer may forbid the use of water from such sourceuntil the user thereof shall comply with such requirement.
(4) Failure to comply with any requirement made by the state engineer under this sectionis a crime punishable under Section 73-2-27 if the failure to comply is knowing or intentional.
(5) Each day that such violation is permitted to continue shall constitute a separateoffense.

Amended by Chapter 215, 2005 General Session