2016 Utah Code
Title 19 - Environmental Quality Code
Chapter 5 - Water Quality Act
Section 105.5 - Agriculture water.

19-5-105.5. Agriculture water.

• (1)
  • (a) The board shall draft any rules relating to agriculture water in cooperation with the commission.
  • (b) The commission shall advise the board before the board may adopt rules relating to agriculture water.

• (2) A program or rule adopted by the board for agriculture production or irrigation water shall:
  • (a) be consistent with the federal Clean Water Act; and
  • (b) if possible, be developed in a voluntary cooperative program with the agriculture producer associations and the commission.

• (3)
  • (a) The board's authority to regulate a discharge is subject to Subsection (3)(b) relating to an agriculture discharge.
  • (b)
    • (i) A person responsible for an agriculture discharge shall mitigate the resulting damage in a reasonable manner, as approved by the director after consulting with the commission chair.
    • (ii) A penalty imposed on an agriculture discharge shall be proportionate to the seriousness of the resulting harm, as determined by the director in consultation with the commission chair.
    • (iii) An agriculture producer may not be held liable for an agriculture discharge resulting from a large weather event if the agriculture producer has taken reasonable measures, as the board defines by rule, to prevent an agriculture discharge.

Amended by Chapter 360, 2012 General Session