R655. Natural Resources, Water Rights.R655-13. Stream Alteration.
R655-13-1. Authority.
(1) The following rule is established under the authority of Section 73-2-1(4)(d). Additional procedures may be required to comply with other governing state statute, federal law, federal regulation, or local ordinance.
R655-13-2. Purpose.
(1) The purpose of this rule is to clarify the procedures necessary to obtain approval of an application by the state engineer for any project that proposes to alter a natural stream within the state of Utah. Approval does not grant access, authorize trespass, supercede property rights, or address safety considerations of the proposal.
R655-13-3. Applicability.
(1) These rules apply to all stream alteration projects within the state of Utah.
R655-13-4. Definitions.
(1) Alteration: To obstruct, diminish, enhance, destroy, alter, modify, relocate, realign, change, or potentially affect the existing condition or shape of a channel, or to change the path or characteristics of water flow within a natural channel. It includes processes and results of removal or placement of material or structures within the jurisdiction delineated in this rule.
(2) Bankfull discharge: The flow corresponding to the elevation of the water surface, in a natural stream, where overflowing onto the floodplain normally begins. Bankfull discharge is considered analogous to ordinary high water or average seasonal high flow. In urbanized streams this is often lower than the top of bank.
(3) Bank(s): The confining sides of a natural stream channel, including the adjacent complex that provides stability, erosion resistance, aquatic habitat, or flood capacity.
(4) Bed: The bottom of a natural stream channel.
(5) Channel: The bed and banks of a natural stream.
(6) Clearance: The vertical distance between a given water surface and the lowest point on any structure crossing a natural channel.
(7) Ecosystem: The assemblage of organisms and their environment functioning as an ecological unit in nature.
(8) Floodplain: The maximum area that will accommodate water when flow exceeds bankfull discharge.
(9) Flowline: The lowest part of a bed when viewed in cross-section.
(10) Fluvial: 1: Of, relating to, or living in a stream or river. 2: Produced by stream action.
(11) Natural stream: Any waterway, along with its fluvial system, that receives sufficient water to sustain an ecosystem that distinguishes it from the surrounding upland environment.
(12) State Engineer: Director of the Division of Water Rights.
(13) Waterway: A topographic low that collects and conveys water.
R655-13-5. Jurisdiction.
(1) The jurisdictional limit along a natural stream is two times the bankfull width from the bankfull edge of water in a direction perpendicular and horizontal to the flow and away from the channel up to a maximum of 30 feet on both sides of the channel.
R655-13-6. Application Requirements.
(1) Blank application forms are available through the Division of Water Rights or on the Division of Water Rights website. In addition to the information requested on the application, any other information the state engineer determines is necessary to evaluate the proposal shall be submitted.
R655-13-7. Specific Stream Alteration Activities.
(1) The following subsections address specific types of stream alteration activities and the nature of special information that shall be provided to the state engineer. These subsections are not intended to be comprehensive and other requirements may be imposed at the discretion of the state engineer. All requirements may be waived at the discretion of the state engineer.
(a) Applications that propose to install a utility (sewer, water, fiber-optic cable, etc.) beneath a natural stream will be subject to the following conditions and requirements:
(i) The top of the utility shall be a minimum of three (3) feet below the existing natural elevation of the bed. In some instances, a greater depth may be required if there is significant evidence of on-going erosion.
(ii) Where utility crossings occur on river bends or areas of significant on-going bank erosion, the utility shall be kept at an elevation below that of the bed of the stream, laterally away from the stream, to a distance where erosion will not expose the utility at a later date.
(b) Applications that propose to span natural streams by way of bridges or other structures will be subject to the following conditions and requirements:
(i) Clearance of the lowest part of the span shall be a minimum of three (3) feet above bankfull stage unless specifically exempted by the state engineer.
