File No. 33863
This notice was published in the August 15, 2010, issue (Vol. 2010, No. 16) of the Utah State Bulletin.
Natural Resources, Water Rights
Administrative Procedures for Enforcement Proceedings Before the Division of Water Rights
Five-Year Notice of Review and Statement of Continuation
DAR File No.: 33863
Filed: 07/27/2010 09:30:10 AM
NOTICE OF REVIEW AND STATEMENT OF CONTINUATION
Concise explanation of the particular statutory provisions under which the rule is enacted and how these provisions authorize or require the rule:
Sections 73-2-25 and 73-2-26 are referenced throughout the rule as the enabling legislation requiring and authorizing the State Engineer to undertake enforcement of violations of the Water and Irrigation Code including the determination and imposition of administrative penalties. Subsection 73-2-1(4)(g) states that the State Engineer shall make rules regarding enforcement orders and the imposition of fines and penalties. Subsection 73-2-25(3) states that the State Engineer shall make rules necessary to enforce a notice of violation or a cease and desist order. Section 73-2-1, Subsection 73-2-1(2), and Section 73-2-25 state that the State Engineer is responsible to administer the distribution and use of all surface and ground waters within the state in accordance with statutory authority. Sections 73-3-25, 73-5-1, 73-5-3, 73-5-8, and 76-2-103 are referenced to define terms used in the rule.
Summary of written comments received during and since the last five-year review of the rule from interested persons supporting or opposing the rule:
No written comment has been received since it was enacted.
Reasoned justification for continuation of the rule, including reasons why the agency disagrees with comments in opposition to the rule, if any:
In the period since the rule was enacted, the legislation requiring the State Engineer to undertake enforcement actions has not been rescinded; therefore, the statutory obligation continues and there is a continuing need for the rule to provide guidance for water right enforcement actions.
The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:Natural Resources
1594 W NORTH TEMPLE
SALT LAKE CITY, UT 84116-3154
Direct questions regarding this rule to:
- Marianne Burbidge at the above address, by phone at 801-538-7370, by FAX at 801-538-7467, or by Internet E-mail at firstname.lastname@example.org
Michael Styler, Executive Director
The Portable Document Format (PDF) version of the Bulletin is the official version. The PDF version of this issue is available at http://www.rules.utah.gov/publicat/bull-pdf/2010/b20100815.pdf. The HTML edition of the Bulletin is a convenience copy. Any discrepancy between the PDF version and HTML version is resolved in favor of the PDF version.
For questions regarding the content or application of this rule, please contact Marianne Burbidge at the above address, by phone at 801-538-7370, by FAX at 801-538-7467, or by Internet E-mail at email@example.com. For questions about the rulemaking process, please contact the Division of Administrative Rules.