No. 28056 (Amendment): R651-205-9. Jordan River

DAR File No.: 28056
Filed: 06/30/2005, 04:08
Received by: NL

 

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this rule amendment is to allow small boats with motors less than 10 horsepower (hp) to use the Utah County portion of the Jordan River. Fishermen like to use this part of the river, and it is difficult to row a small boat back upstream.

 

Summary of the rule or change:

Motors with less than 10 hp are barely audible, and cause no wake, but in the area of Utah County on the Jordan River, all motors have been prohibited. It is recommended that this be corrected to allow such motors to be used on the Utah County portion of the Jordan River. Landowners, agencies, and users were contracted before this recommended change was made.

 

State statutory or constitutional authorization for this rule:

Subsection 73-18-4(1)(c)

 

Anticipated cost or savings to:

the state budget:

It does not appear that allowing small motors to operate on the Utah County portion of the Jordan River will not affect the state budget, or have any cost or savings at this time, since it has not been allowed previously and there are no numbers of users that will use that portion of the Jordan River. It will take a season of usage on the Utah County portion of the Jordan River to see if there is any impact.

 

local governments:

There are no anticipated costs or savings to local government due to this change in the rule since this has not been allowed in the past and it will take a season to find out if there is any negligible impact.

 

other persons:

There are no anticipated costs or savings to any other persons due to this change in the rule, as it is allowing them to use a portion of the Jordan River in Utah County for motors with less than 10 hp. If any of them decided to buy a motor with less than 10 horsepower, that would be the cost to them and there is no way at this time to know how many will use the Jordan River (Utah County portion).

 

Compliance costs for affected persons:

Persons owning small motors (less than 10 hp) will have the right to navigate on the Utah County portion of the Jordan River. Since it has not been allowed previously, there are no numbers to use to see how many people will be taking advantage of this amendment. The only cost that could possibly be expected would be if someone decided to buy a motor with less than 10 hp so they can navigate that portion of the Jordan River.

 

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

Impacts to businesses are likely to be small and positive, as businesses gain the opportunity of providing goods and services to a new segment of recreational users. Michael 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 Recreation
1594 W NORTH TEMPLE
SALT LAKE CITY UT 84116-3154

 

Direct questions regarding this rule to:

Dee Guess at the above address, by phone at 801-538-7320, by FAX at 801-537-3144, 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:

08/15/2005

 

This rule may become effective on:

08/16/2005

 

Authorized by:

Mary Tullius, Director

 

 

RULE TEXT

R651. Natural Resources, Parks and Recreation.

R651-205. Zoned Waters.

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.

 

KEY: boating

[January 15, 2005]August 16, 2005

Notice of Continuation November 13, 2001

73-18-4(1)(c)