§ 63L-8-503 — Grant, issue, or renewal of land use authorizations on public lands.

(1) The director is authorized to grant, issue, or renew land use authorizations over, upon, under, or through public land for:

(1)(a) a reservoir, canal, ditch, flume, lateral, pipe, pipeline, tunnel, or other facility or system for the impoundment, storage, transportation, or distribution of water;
(1)(b) a pipeline or other system for the transportation or distribution of:
(1)(b)(i) liquid and gas other than water;
(1)(b)(ii) natural gas, synthetic liquid, or gaseous fuels; or
(1)(b)(iii) a refined product produced from natural gas, synthetic liquid, or gaseous fuels;
(1)(c) a storage or terminal facility in connection with the pipeline and other system described in Subsection (1)(b);
(1)(d) a pipeline, slurry and emulsion system, conveyor belt for transportation and distribution of solid materials, or facility for the storage of solid materials in connection with a pipeline, slurry and emulsion system, or conveyor belt;
(1)(e) a system for generation, transmission, and distribution of electric energy, if the applicant is in compliance with relevant state and federal requirements;
(1)(f) a system for transmission or reception of radio, television, telephone, telegraph, Internet, or other electronic signal used in communication;
(1)(g) a road, trail, highway, railroad, canal, tunnel, tramway, airway, livestock driveway, or other means of transportation, except where facilities are constructed and maintained in connection with commercial recreation facilities on lands in the state park system; or
(1)(h) other necessary transportation systems or facilities that are in the public interest and that require rights-of-way over, upon, under, or through public land.
(2) The director shall require, before granting, issuing, or renewing a right-of-way, that the applicant submit and disclose plans, contracts, agreements, or other information reasonably related to the use, or intended use, of the right-of-way, that the director considers necessary for a determination on:

(2)(a) whether a right-of-way shall be granted, issued, or renewed; and
(2)(b) the terms and conditions that should be included in the right-of-way.
(3) After the state receives title to public land, any alteration to the substantive terms of a right-of-way, lease, or other authorization granted before the transfer of the land shall require issuance of a new authorization.
(4) (4)(a) Except as otherwise provided in this part, the director may, in accordance with Section 63L-8-509, terminate or suspend a right-of-way, easement, or authorization issued under this section, except for the road rights-of-way granted pursuant to Subsection (1)(b).
(4)(b) An easement issued under this section may be terminated by the DLM without cause if the water system for which the easement was issued is used for any purpose other than agricultural irrigation, livestock watering, industrial use, or private or public culinary use.
(5) For purposes of this chapter, non-use for a continuous five-year period of a water system developed for agricultural irrigation, livestock watering, or private or public culinary purposes shall constitute a rebuttable presumption of abandonment of the easement and the facilities comprising the water system.
(6) Except as provided in Title 73, Water and Irrigation, nothing in this part shall confer on the director or other state official any power or authority to regulate or control the appropriation, diversion, or use of water for any purpose, or to require the conveyance or transfer to the state of any right or claim to the appropriation, diversion, or use of water.
(7) If a right-of-way issued under this section deteriorates to the point of threatening a person or property, and the holder of the right-of-way, after consultation with the director, refuses to perform the repair and maintenance necessary to remove the threat, the director may:

(7)(a) (7)(a)(i) undertake such repair and maintenance on the right-of-way; and
(7)(a)(ii) assess the holder for the costs of the repair and maintenance; or
(7)(b) suspend or terminate the right-of-way pursuant to Section 63L-8-509.

Legislative History

Enacted by Chapter 317, 2016 General Session