Utah 2025 Regular Session

Utah House Bill HB0045 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	01-23 18:10 1st Sub. (Buff) H.B. 45
2		-	Rex P. Shipp proposes the following substitute bill:
	1	+	12-19 17:20 H.B. 45
3	2		1
4	3		Irrigation Amendments
5	4		2025 GENERAL SESSION
6	5		STATE OF UTAH
7	6		Chief Sponsor: Rex P. Shipp
8	7		2
9	8
10	9		3
11	10		LONG TITLE
12	11		4
	12	+	Committee Note:
	13	+	5
	14	+	The Legislative Water Development Commission recommended this bill.
	15	+	6 Legislative Vote:8 voting for 0 voting against5 absent
	16	+	7
13	17		General Description:
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	18	+	8
15	19		This bill addresses duties of owners or operators of ditches and canals.
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	20	+	9
17	21		Highlighted Provisions:
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	22	+	10
19	23		This bill:
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	24	+	11
21	25		▸ defines terms;
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	26	+	12
23	27		▸ addresses failure by an owner or operator of a ditch or canal to exercise reasonable and
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	28	+	13
25	29		ordinary care;
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	30	+	14
27	31		▸ provides under certain circumstances for a person to recover money paid to a third party
28		-	12
29		-	for damage or injury if caused by the failure of an owner or operator to exercise
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	32	+	15
	33	+	for waste, damage, or injury if caused by the failure of an owner or operator to exercise
	34	+	16
31	35		reasonable and ordinary care; and
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	36	+	17
33	37		▸ makes technical changes.
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	38	+	18
35	39		Money Appropriated in this Bill:
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	40	+	19
37	41		None
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	42	+	20
39	43		Other Special Clauses:
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	44	+	21
41	45		None
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	46	+	22
43	47		Utah Code Sections Affected:
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	48	+	23
45	49		AMENDS:
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	50	+	24
47	51		73-1-8, as last amended by Laws of Utah 2023, Chapter 105
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	52	+	25
49	53
50		-	23
	54	+	26
51	55		Be it enacted by the Legislature of the state of Utah:
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	56	+	27
53	57		Section 1. Section 73-1-8 is amended to read:
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	58	+	28
55	59		73-1-8 . Duties of owners or operators -- Bridges and trails -- Liability.
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	60	+	29
57	61		(1) As used in this section:
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	62	+	30
59	63		(a) "Municipality" means the same as that term is defined in Section 10-1-104.
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61		-	(b)(i) "Water facility" means a dam, pipeline, culvert, flume, conduit, ditch, head
62		-	29
	64	+	31
	65	+	(b)(i) "Water facility" means a dam, pipeline, culvert, flume, conduit, ditch, head H.B. 45 12-19 17:20
	66	+	32
63	67		gate, canal, reservoir, spring box, well, meter, weir, valve, casing, cap, or other
64		-	30
65		-	facility used for the diversion, transportation, distribution, measurement, ~~1st Sub. (Buff) H.B. 45 01-23 18:10~~
66		-	31
	68	+	33
	69	+	facility used for the diversion, transportation, distribution, measurement,
	70	+	34
67	71		collection, containment, or storage of irrigation water.
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	72	+	35
69	73		[(b)] (ii) "Water facility" does not mean a facility used primarily as part of a:
70		-	33
	74	+	36
71	75		[(i)] (A) public water system as defined in Section 19-4-102; or
72		-	34
	76	+	37
73	77		[(ii)] (B) residential irrigation system.
74		-	35
	78	+	38
75	79		(2) An owner or operator of a water facility shall:
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	80	+	39
77	81		(a) maintain the water facility to prevent waste of water, damage to property, or injury to
78		-	37
	82	+	40
79	83		others; and
80		-	38
	84	+	41
81	85		(b) by bridge or otherwise, keep the water facility in good repair where the water facility
82		-	39
	86	+	42
83	87		crosses a public road or highway to prevent obstruction to travel or damage or
84		-	40
	88	+	43
85	89		overflow on the public road or highway.
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	90	+	44
87	91		(3) Subsection (2)(b) does not apply where a governmental entity maintains or elects to
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	92	+	45
89	93		maintain a bridge or other device to prevent obstruction to travel or damage or overflow
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	94	+	46
91	95		on the public road or highway.
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	96	+	47
93	97		(4) In addition to immunity if the conditions of Title 57, Chapter 14, Limitations on
94		-	45
	98	+	48
95	99		Landowner Liability, are met, an owner or operator of a water facility, stream, or river,
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	100	+	49
97	101		is immune from suit if:
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	102	+	50
99	103		(a) the damage or personal injury arises out of, is in connection with, or results from the
100		-	48
	104	+	51
101	105		use of a trail that is located along a water facility, stream, or river, regardless of
102		-	49
	106	+	52
103	107		ownership or operation of the water facility, stream, or river;
104		-	50
	108	+	53
105	109		(b) the trail is designated under a general plan adopted by a municipality under Section
106		-	51
	110	+	54
107	111		10-9a-401 or by a county under Section 17-27a-401;
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	112	+	55
109	113		(c) the trail right-of-way or the right-of-way where the trail is located is open to public
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	114	+	56
111	115		use as evidenced by a written agreement between the owner or operator of the trail
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	116	+	57
113	117		right-of-way, or of the right-of-way where the trail is located, and the municipality or
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	118	+	58
115	119		county where the trail is located; and
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	120	+	59
117	121		(d) the written agreement:
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	122	+	60
119	123		(i) contains a plan for operation and maintenance of the trail; and
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	124	+	61
121	125		(ii) provides that an owner or operator of the trail right-of-way, or of the right-of-way
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	126	+	62
123	127		where the trail is located has, at minimum, the same level of immunity from suit
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	128	+	63
125	129		as the governmental entity in connection with or resulting from use of the trail.
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	130	+	64
127	131		(5)(a) The duty under Subsection (2) requires only reasonable and ordinary care and
128		-	62
	132	+	65
129	133		may not be construed to impose strict liability or to otherwise increase the liability of
130		-	63
	134	+	- 2 - 12-19 17:20 H.B. 45
	135	+	66
131	136		the owner or operator of a water facility.
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	137	+	67
133	138		(b) If an owner or operator of a ditch or canal fails to exercise reasonable and ordinary
134		-	- 2 - 01-23 18:10 1st Sub. (Buff) H.B. 45
135		-	65
136		-	care in maintaining the ditch or canal, the owner or operator is liable for damage to
137		-	66
138		-	property or injury to others directly caused by the failure to exercise reasonable and
139		-	67
140		-	ordinary care.
141	139		68
	140	+	care in maintaining the ditch or canal, the owner or operator is liable for the waste of
	141	+	69
	142	+	water, damage to property, or injury to others directly caused by the failure to
	143	+	70
	144	+	exercise reasonable and ordinary care.
	145	+	71
142	146		(c) For a ditch or canal located within a municipality, if a person other than the owner or
143		-	69
144		-	operator of a ditch or canal is held to be liable for damage to property or injury to
145		-	70
146		-	others related to a ditch or canal, the person may recover the amount for which the
147		-	71
148		-	person is held liable that is directly caused by the failure of the owner or operator to
149	147		72
150		-	~~exercise reasonable and ordinary care with regard to maintaining the~~ ditch or canal.
	148	+	operator of a ditch or canal is held to be liable for waste of water, damage to
151	149		73
	150	+	property, or injury to others related to a ditch or canal, the person may recover the
	151	+	74
	152	+	amount for which the person is held liable that is directly caused by the failure of the
	153	+	75
	154	+	owner or operator to exercise reasonable and ordinary care with regard to maintaining
	155	+	76
	156	+	the ditch or canal.
	157	+	77
152	158		[(b)] (d) An owner or operator of a water facility is not liable for damage or injury caused
153		-	74
	159	+	78
154	160		by:
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	161	+	79
156	162		(i) the diversion or discharge of water or another substance into the water facility by a
157		-	76
	163	+	80
158	164		third party beyond the control of the owner or operator of the water facility,
159		-	77
	165	+	81
160	166		including control exercised by the owner's or operator's employees or agents;
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	167	+	82
162	168		(ii) any other act or omission of a third party that is beyond the control of the owner
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	169	+	83
164	170		or operator of the water facility, including control exercised by the owner's or
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	171	+	84
166	172		operator's employees or agents; or
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	173	+	85
168	174		(iii) an act of God, including fire, earthquake, storm, flash floods, or similar natural
169		-	82
	175	+	86
170	176		occurrences.
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	177	+	87
172	178		(6) This section may not be interpreted to impair a defense that an owner or operator of a
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	179	+	88
174	180		water facility may assert in a civil action.
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	181	+	89
176	182		Section 2. Effective date.
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	183	+	90
178	184		This bill takes effect on May 7, 2025.
179	185		- 3 -