DAR File No. 32368

Natural Resources, Water Rights

R655-13

Stream Alteration

FIVE-YEAR NOTICE OF REVIEW AND STATEMENT OF CONTINUATION

DAR File No.: 32368
Filed: 02/11/2009, 07:27
Received by: NL

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:

Section 73-3-29 - Relocation of natural streams - Written permit required - Emergency work - Violations, provides the statutory authority and directive to the State Engineer to regulate alterations to the bed and banks of natural stream channels. Subsection 73-2-1(4)(d) states the State Engineer shall make rules for alterations of natural streams.

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 comments have been received.

Reasoned justification for continuation of the rule, including reasons why the agency disagrees with comments in opposition to the rule, if any:

The statutory directive to regulate the alteration of the bed and banks of natural streams in the state remains in effect. The Stream Alteration rule is necessary to implement that directive. Therefore, this rule should be continued.

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

Natural Resources
Water Rights
1594 W NORTH TEMPLE
SALT LAKE CITY UT 84116-3154

Direct questions regarding this rule to:

Kaelyn Anfinsen at the above address, by phone at 801-538-7370, by FAX at 801-538-7442, or by Internet E-mail at KAELYNANFINSEN@utah.gov

Authorized by:

Boyd Clayton, Deputy State Engineer