Natural Resources, Water Rights

Rule R655-14

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since the rule was enacted, the legislation requiring the State Engineer to undertake enforcement actions has not been rescinded; therefore, the statutory obligation continues and there is a continuing need for the rule to provide guidance for water right enforcement actions.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:

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 [email protected]

Authorized by:

Michael Styler, Executive Director

Effective:

07/27/2010