01-23 18:10 1st Sub. (Buff) H.B. 45
Rex P. Shipp proposes the following substitute bill:
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Irrigation Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Rex P. Shipp
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LONG TITLE
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General Description:
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This bill addresses duties of owners or operators of ditches and canals.
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Highlighted Provisions:
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This bill:
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▸ defines terms;
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▸ addresses failure by an owner or operator of a ditch or canal to exercise reasonable and
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ordinary care;
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▸ provides under certain circumstances for a person to recover money paid to a third party
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for damage or injury if caused by the failure of an owner or operator to exercise
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reasonable and ordinary care; and
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▸ makes technical changes.
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Money Appropriated in this Bill:
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None
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Other Special Clauses:
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None
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Utah Code Sections Affected:
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AMENDS:
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73-1-8, as last amended by Laws of Utah 2023, Chapter 105
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Be it enacted by the Legislature of the state of Utah:
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Section 1. Section 73-1-8 is amended to read:
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73-1-8 . Duties of owners or operators -- Bridges and trails -- Liability.
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(1) As used in this section:
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(a) "Municipality" means the same as that term is defined in Section 10-1-104.
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(b)(i) "Water facility" means a dam, pipeline, culvert, flume, conduit, ditch, head
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gate, canal, reservoir, spring box, well, meter, weir, valve, casing, cap, or other
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facility used for the diversion, transportation, distribution, measurement, 1st Sub. (Buff) H.B. 45 01-23 18:10
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collection, containment, or storage of irrigation water.
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[(b)] (ii) "Water facility" does not mean a facility used primarily as part of a:
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[(i)] (A) public water system as defined in Section 19-4-102; or
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[(ii)] (B) residential irrigation system.
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(2) An owner or operator of a water facility shall:
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(a) maintain the water facility to prevent waste of water, damage to property, or injury to
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others; and
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(b) by bridge or otherwise, keep the water facility in good repair where the water facility
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crosses a public road or highway to prevent obstruction to travel or damage or
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overflow on the public road or highway.
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(3) Subsection (2)(b) does not apply where a governmental entity maintains or elects to
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maintain a bridge or other device to prevent obstruction to travel or damage or overflow
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on the public road or highway.
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(4) In addition to immunity if the conditions of Title 57, Chapter 14, Limitations on
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Landowner Liability, are met, an owner or operator of a water facility, stream, or river,
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is immune from suit if:
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(a) the damage or personal injury arises out of, is in connection with, or results from the
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use of a trail that is located along a water facility, stream, or river, regardless of
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ownership or operation of the water facility, stream, or river;
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(b) the trail is designated under a general plan adopted by a municipality under Section
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10-9a-401 or by a county under Section 17-27a-401;
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(c) the trail right-of-way or the right-of-way where the trail is located is open to public
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use as evidenced by a written agreement between the owner or operator of the trail
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right-of-way, or of the right-of-way where the trail is located, and the municipality or
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county where the trail is located; and
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(d) the written agreement:
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(i) contains a plan for operation and maintenance of the trail; and
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(ii) provides that an owner or operator of the trail right-of-way, or of the right-of-way
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where the trail is located has, at minimum, the same level of immunity from suit
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as the governmental entity in connection with or resulting from use of the trail.
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(5)(a) The duty under Subsection (2) requires only reasonable and ordinary care and
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may not be construed to impose strict liability or to otherwise increase the liability of
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the owner or operator of a water facility.
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(b) If an owner or operator of a ditch or canal fails to exercise reasonable and ordinary
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care in maintaining the ditch or canal, the owner or operator is liable for damage to
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property or injury to others directly caused by the failure to exercise reasonable and
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ordinary care.
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(c) For a ditch or canal located within a municipality, if a person other than the owner or
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operator of a ditch or canal is held to be liable for damage to property or injury to
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others related to a ditch or canal, the person may recover the amount for which the
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person is held liable that is directly caused by the failure of the owner or operator to
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exercise reasonable and ordinary care with regard to maintaining the ditch or canal.
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[(b)] (d) An owner or operator of a water facility is not liable for damage or injury caused
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by:
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(i) the diversion or discharge of water or another substance into the water facility by a
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third party beyond the control of the owner or operator of the water facility,
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including control exercised by the owner's or operator's employees or agents;
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(ii) any other act or omission of a third party that is beyond the control of the owner
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or operator of the water facility, including control exercised by the owner's or
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operator's employees or agents; or
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(iii) an act of God, including fire, earthquake, storm, flash floods, or similar natural
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occurrences.
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(6) This section may not be interpreted to impair a defense that an owner or operator of a
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water facility may assert in a civil action.
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Section 2. Effective date.
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This bill takes effect on May 7, 2025.
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