23A-9-301. Diversion of water prohibited -- Exception for flood control.
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Effective 7/1/2023
23A-9-301. Diversion of water prohibited -- Exception for flood control.
(1)Except as provided in Subsection
(2), a person may not, without existing rights, divert so much water from a natural stream, lake, pond, or natural lake or pond, the natural storage content of which has been increased by the construction of a dam, that the diversion unduly endangers protected aquatic wildlife.
(2)A person may divert waters in a manner that would otherwise violate Subsection
(1)in anticipation of and to provide for the carrying away and the safe disposal of natural storm and flood waters.
Renumbered and Amended by Chapter 103 , 2023 General Session