73-2-22 - Emergency flood powers -- Action to enforce orders -- Access rights to private and public property -- Injunctive relief against state engineer's decisions -- Judicial review provisions n - Utah Statutes

73-2-22. Emergency flood powers -- Action to enforce orders -- Access rights toprivate and public property -- Injunctive relief against state engineer's decisions -- Judicialreview provisions not applicable.
Whenever the state engineer, with approval of the chairman of the Disaster EmergencyAdvisory Council, makes a written finding that any reservoir or stream has reached or will reachduring the current water year a level far enough above average and in excess of capacity thatpublic safety is or is likely to be endangered or that substantial property damage is occurring or islikely to occur, he shall have emergency powers until the danger to the public and property isabated. Emergency powers shall consist of the authority to control stream flow and reservoirstorage or release. The state engineer must protect existing water rights to the maximum extentpossible when exercising emergency powers. Any action taken by the state engineer under thissection shall be by written order.
If any person refuses or neglects to comply with any order of the state engineer issuedpursuant to his emergency powers, the state engineer may bring action in the name of the state inthe district court to enforce them. In carrying out his emergency powers, the state engineer shallhave rights of access to private and public property.
Any person affected by a decision of the state engineer made under his emergency powersshall have the right to seek injunctive relief, including temporary restraining orders and temporaryinjunctions in any district court of the county where that person resides. No order of the stateengineer shall be enjoined or set aside unless shown by clear and convincing evidence that anemergency does not in fact exist or that the order of the state engineer is arbitrary or capricious.The provisions of Sections 73-3-14 and 73-3-15 shall not be applicable to any order of the stateengineer issued pursuant to this section.

Enacted by Chapter 33, 1984 General Session