DAR File No. 30900

Natural Resources, Parks and Recreation

R651-205-17

Cutler Reservoir

NOTICE OF PROPOSED RULE

DAR File No.: 30900
Filed: 01/14/2008, 10:35
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this amendment is to add another reservoir, Cutler Reservoir, to the list of reservoirs and lakes with limited horsepower allowed or prohibited. This amendment defines the location for the zoning requirements at Cutler Reservoir.

Summary of the rule or change:

In order to improve visitor safety and experience, user area zoning is required to limit or prohibit vessels with more than 35 horsepower or wakeless speed. This amendment defines the areas at Cutler Reservoir that are affected by the new limit, i.e., wakeless speed at any time in the area south of the Benson Railroad Bridge and wakeless speed from the last Saturday in September through March 31st in the Bear River, east of the confluence with the reservoir.

State statutory or constitutional authorization for this rule:

Subsection 73-18-4(1)(c)

Anticipated cost or savings to:

the state budget:

This amendment is not associated with cost or savings, but safety of the public and there are not anticipated costs or savings to the state budget from this action.

local governments:

This amendment applies to state-operated waters only, and therefore, local government should have no cost or savings to their budget.

small businesses and persons other than businesses:

No cost or savings is anticipated for small businesses as this amendment deals strictly with speeds on water.

Compliance costs for affected persons:

If a person violates the rule, there could be a citation issued, as this would be considered a Class B misdemeanor.

Comments by the department head on the fiscal impact the rule may have on businesses:

The department finds there would be no fiscal impact on businesses. Michael Styler, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Natural Resources
Parks and Recreation
1594 W NORTH TEMPLE
SALT LAKE CITY UT 84116-3154

Direct questions regarding this rule to:

Dee Guess at the above address, by phone at 801-538-7320, by FAX at 801-537-3144, or by Internet E-mail at deeguess@utah.gov

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

03/03/2008

This rule may become effective on:

03/10/2008

Authorized by:

Bruce Hamilton, Deputy Director (Operations)

R651. Natural Resources, Parks and Recreation.

R651-205. Zoned Waters.

R651-205-17. Cutler Reservoir.

The use of motors whose manufactured listed horsepower is more than 35 horsepower is prohibited, and a vessel may not be operated at a speed greater than wakeless speed at any time in the area south of the Benson Railroad Bridge. A vessel may not be operated at a speed greater than wakeless speed from the last Saturday in September through March 31st in the Bear River, east of the confluence with the reservoir.

 

KEY: boating, parks

Date of Enactment or Last Substantive Amendment: [July 9, 2007]March 10, 2008

Notice of Continuation: April 18, 2006

Authorizing, and Implemented or Interpreted Law: 73-18-4(1)(c)