23A-10-303. Closing a water body, facility, or water supply system.

556 words·~3 min read·/ut/title-23a/chapter-10/23a-10-303

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 5/6/2026

(1)Except as provided by Subsection

(6), if the Division of Wildlife Resources detects or suspects an invasive mussel is present in a water body, a facility, or a water supply system, the director or the director's designee may, with the concurrence of the executive director, order:

(a)the water body, facility, or water supply system closed to a conveyance or equipment;

(b)restricted access by a conveyance or equipment to a water body, facility, or water supply system; or

(c)a conveyance or equipment that is removed from or introduced to the water body, facility, or water supply system to be inspected, quarantined, or decontaminated in a manner and for a duration necessary to detect and prevent the infestation of an invasive mussel.

(2)If a closure authorized by Subsection

(1)lasts longer than seven days, the Division of Wildlife Resources shall:

(a)provide a written update to the operator of the water body, facility, or water supply system every 10 days on the Division of Wildlife Resources' effort to address the invasive mussel infestation; and

(b)post the update on the Division of Wildlife Resources' website.

(a)The Wildlife Board shall develop procedures to ensure proper notification of a state, federal, or local agency that is affected by an invasive mussel infestation.

(b)The notification shall include:

(i)the reasons for the closure, quarantine, or restriction; and

(ii)methods for providing updated information to the agency.

(4)When deciding the scope, duration, level, and type of restriction or a quarantine or closure location, the director shall consult with the person with the jurisdiction, control, or management responsibility over the water body, facility, or water supply system to avoid or minimize disruption of economic and recreational activity.

(a)A person that operates a water supply system shall cooperate with the Division of Wildlife Resources to implement a measure to:

(i)avoid infestation by an invasive mussel; and

(ii)control or eradicate an invasive mussel infestation that may occur in a water supply system.

(i)If an invasive mussel is detected, the water supply system's operator, in cooperation with the Division of Wildlife Resources, shall prepare and implement a plan to control or eradicate an invasive mussel within the water supply system.

(ii)A plan required by Subsection (5)(b)(i) shall include a:

(A)method for determining the scope and extent of the infestation;

(B)method to control or eradicate the invasive mussel;

(C)method to decontaminate the water supply system containing the invasive mussel;

(D)systematic monitoring program to determine a change in the infestation; and

(E)requirement to update or revise the plan in conformity with a scientific advance in the method of controlling or eradicating an invasive mussel.

(a)The Division of Wildlife Resources may not close or quarantine a water supply system if the operator has prepared and implemented a plan to control or eradicate an invasive mussel in accordance with Subsection

(5).

(i)The Division of Wildlife Resources may require the operator to update a plan.

(ii)If the operator fails to update or revise a plan, the Division of Wildlife Resources may close or quarantine the water supply system in accordance with this section.

Amended by Chapter 403 , 2026 General Session