No. 38444 (Amendment): Rule R651-205. Zoned Waters

(Amendment)

DAR File No.: 38444
Filed: 04/15/2014 07:05:40 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

Newton Reservoir is located on Clarkston Creek approximately two miles north of the city of Newton, Utah. The reservoir is owned by the Bureau of Reclamation and operated by the Newton Water Users Association. The reservoir has become a popular alternative for water recreation and has posed questions of boating safety as the reservoir levels fluctuate. The 5,600 acre-feet reservoir has 288 surface acres at full pool and 139 surface acres at half pool. The Bureau of Reclamation and the Newton Water Users have requested as a boating safety precaution and to assist in shoreline erosion protection, to make the reservoir wakeless when it reaches the elevation of 4,761 which is approximately 50% full. This request was presented to the Boating Advisory Council on 07/17/2013, and the request was approved.

Summary of the rule or change:

Newton Reservoir is located on Clarkston Creek approximately two miles north of the city of Newton, Utah. The reservoir is owned by the Bureau of Reclamation and operated by the Newton Water Users Association. The reservoir has become a popular alternative for water recreation and has posed questions of boating safety as the reservoir levels fluctuate. The 5,600 acre-feet reservoir has 288 surface acres at full pool and 139 surface acres at half pool. The Bureau of Reclamation and the Newton Water Users have requested as a boating safety precaution and to assist in shoreline erosion protection, to make the reservoir wakeless when it reaches the elevation of 4,761 which is approximately 50% full. This request was presented to the Boating Advisory Council on 07/17/2013, and the request was approved.

State statutory or constitutional authorization for this rule:

• Subsection 73-18-4(1)(c)

Anticipated cost or savings to:

the state budget:

No effect on state budget as this rule is the same as other regulated water rules and there is no anticipated cost to implement it.

local governments:

No effect on local government as this rule is the same as other regulated water rules and there is no anticipated cost to implement it.

small businesses:

No effect on small businesses as this rule is the same as other regulated water rules and there is no anticipated cost to implement it.

persons other than small businesses, businesses, or local governmental entities:

No effect as this rule is the same as other regulated water rules and there is no anticipated cost to implement it.

Compliance costs for affected persons:

Compliance to the rule should not impose any cost to affected persons.

Comments by the department head on the fiscal impact the rule may have on businesses:

Should have little/no effect on business.

Michael R. Styler, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Natural Resources
Parks and RecreationRoom 116
1594 W NORTH TEMPLE
SALT LAKE CITY, UT 84116-3154

Direct questions regarding this rule to:

• Tammy Wright at the above address, by phone at 801-538-7359, by FAX at 801-538-7378, or by Internet E-mail at [e-mail]

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

06/02/2014

This rule may become effective on:

06/09/2014

Authorized by:

Fred Hayes, Director

RULE TEXT

R651. Natural Resources, Parks and Recreation.

R651-205. Zoned Waters.

R651-205-1. Obeying Zoned Waters.

The operator of a vessel shall obey zoned water requirements or restrictions.

 

R651-205-2. Deer Creek Reservoir.

Vessels and all other water activities are prohibited within 1500 feet of the dam. A vessel may not be operated at a speed greater than wakeless speed at any time in Wallsberg Bay.

 

R651-205-3. Green River.

The use of motors is prohibited between the Flaming Gorge Dam and the confluence with Red Creek.

 

R651-205-4. Stansbury Park Lake.

The use of vessels over 20 feet in length and motors, except electric trolling motors, is prohibited.

 

R651-205-5. Lower Provo River.

The section from where it enters into Utah Lake upstream to the gas pipeline is designated as a wakeless speed area, and the use of motors is prohibited upstream from this point.

 

R651-205-6. Decker Lake.

The use of motors is prohibited.

 

R651-205-7. Palisade Lake.

The use of motors, except electric trolling motors, is prohibited.

 

R651-205-8. Ivins Reservoir.

The use of motors whose manufacture listed horsepower is 10 horsepower or more is prohibited.

 

R651-205-9. Jordan River.

The use of motors is prohibited, except motors whose manufacture listed horsepower is less than 10 horsepower. Such motors are permitted on the Utah County portion of the river.

 

R651-205-10. Ken's Lake.

The use of motors, except electric trolling motors, is prohibited.

 

R651-205-11. Pineview Reservoir.

The use of motors, except electric motors, is prohibited in the designated area in the North Arm, North Geersten Bay and the Middle Fork of the Ogden River. Vessels are prohibited in the Middle Inlet and Cemetery Point picnic areas.

 

R651-205-12. Jordanelle Reservoir.

The use of motorboats or sailboats is prohibited in the designated area of Hailstone Beach.

 

R651-205-13. Little Dell Reservoir.

The use of motors is prohibited.

 

R651-205-14. Bear Lake.

The use of a vessel is prohibited from July 1 through Labor Day in the area adjacent to Cisco Beach starting at the entrance station and extending approximately 1/4 mile south, when this area is marked with appropriate buoys.

 

R651-205-15. Lost Creek Reservoir in Morgan County.

A vessel may not be operated at a speed greater than wakeless speed at any time.

 

R651-205-16. Huntington Reservoir.

The use of motors whose manufacturer listed horsepower is 10 horsepower or more is prohibited.

 

R651-205-17. Cutler Reservoir.

The use of motors whose manufactured listed horsepower is more than 35 horsepower is prohibited, and a vessel may not be operated at a speed greater than wakeless speed at any time in the area south of the Benson Railroad Bridge. A vessel may not be operated at a speed greater than wakeless speed from the last Saturday in September through March 31st in the Bear River, east of the confluence with the reservoir.

 

R651-205-18. Newton Reservoir

A vessel may not be operated at a speed greater than wakeless speed when the reservoir is at or below 4,761 feet above sea level.

 

KEY: boating, parks

Date of Enactment or Last Substantive Amendment: [July 23, 2012]June 9, 2014

Notice of Continuation: January 26, 2011

Authorizing, and Implemented or Interpreted Law: 73-18-4(1)(c)

 

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