Current through the 2024 Fourth Special Session
Section 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 from § 23-15-3 and amended by Chapter 103, 2023 General Session ,§ 190, eff. 7/1/2023.Amended by Chapter 347, 1983 General Session