NOTICE OF SUBSTANTIVE CHANGE
TYPE OF FILING: Amendment
1. Agency Information
Natural Resources, Outdoor Recreation
Department of Natural Resources
1594 W North Temple, Suite 100
1594 W North Temple, Suite 100
2. Contact Persons
nicomicheletti@agutah.gov
Please address questions regarding information on this notice to the persons listed above.
3. General Information
A. Rule or section catchline:
R650-205-17. Cutler Reservoir
B. Purpose of the new rule or reason for the change:
The Division of Outdoor Recreation (Division) proposes this rule change because the operation of vessels that utilize features to increase and enhance a vessel's wake on the Cutler Reservoir is a hazard to the safety and health of Utahns recreating on the Cutler Reservoir. The Cutler Reservoir is both a congested and shallow body of water.
The increased/enhanced wake effect produced by ballast tanks, ballast bags, and other similar features is a physical risk to other persons recreating in the congested waterbody.
Further, due to the shallow nature of Cutler Reservoir, increased/enhanced wakes can resuspend the reservoir's floor sediments, potentially promoting the formation of harmful algal blooms.
C. Summary of the new rule or change:
The proposed amendment will:
1) allow a person to operate a vessel with a motor of greater than 35 horsepower in an area north of the Benson Railroad Bridge;
2) prohibit the use of devices that may artificially increase or enhance a vessel's wake on any part of the Cutler Reservoir; and
3) prohibit the activity of wake surfing on the Cutler Reservoir as such activity requires an artificially enhanced or increased wake.
5. Fiscal Information
Provide an estimate and written explanation of the aggregate anticipated cost or savings to:
The proposed amendment will not result in additional costs or savings to the state budget as the proposed amendment does not have any impact on any appropriation and is not expected to result in any increased cost in enforcing the rule change.
The proposed amendment only changes the recreational safety rules and the types of vessels that can operate at Cutler Reservoir.
The proposed amendment has no fiscal impact on local governments.
Because the proposed amendment only changes the recreational safety rules and the types of vessels that can operate at Cutler Reservoir, there is no fiscal impact on local governments.
C. Small businesses ("small business" means a business employing 1-49 persons):
The proposed amendment has no fiscal impact on small businesses.
Because the proposed amendment only changes the recreational safety rules and the types of vessels that can operate at Cutler Reservoir, there is no fiscal impact on small businesses.
D. Non-small businesses ("non-small business" means a business employing 50 or more persons):
The proposed amendment has no fiscal impact on non-small businesses.
Because the proposed amendment only changes the recreational safety rules and the types of vessels that can operate at Cutler Reservoir, there is no fiscal impact on non-small businesses.
E. Persons other than small businesses, non-small businesses, state, or local government entities ("person" means any individual, partnership, corporation, association, governmental entity, or public or private organization of any character other than an agency):
There is no anticipated fiscal impact on persons as this rule only changes the recreational safety rules and the types of vessels that can operate at Cutler Reservoir.
F. Compliance costs for affected persons:
There is no compliance cost for persons as this rule only changes the recreational safety rules and the types of vessels that can operate at Cutler Reservoir.
6. Regulatory Impact Summary Table
Enter the cost or savings in the relevant cell. If there is no cost or savings, enter, "$0." If a cost or savings is inestimable, enter, "inestimable."
7. Regulatory Impact Analysis Approval
The Commissioner of the Department of Natural Resources, Jamie Barnes, has reviewed and approved this regulatory impact analysis.
8. Family Impact Information
A. The agency has considered this rule's impact on family health, stability, and formation:
9. Citation Information
Provide citations to the statutory authority for the rule. If there is also a federal requirement for the rule, provide a citation to that requirement:
11. Public Notice Information
The public may submit written or oral comments to the agency identified in box 1.
A. Comments will be accepted until:
12. Effective Date Information
This rule change MAY become effective on:
(NOTE: This is the date the agency anticipates making the filing effective. It is NOT the effective date)
13. Agency Authorization Information
Agency head or
designee and title:
Jason Curry, Division Director
R650. Natural Resources, Outdoor Recreation.
R650-205. Zoned Waters.
R650-205-17. Cutler Reservoir.
(1) A person may not use a motor with a manufacturer listed horsepower of more than 35 horsepower in the area south of the Benson Railroad Bridge on Cutler Reservoir. (2) A person may not operate a vessel at a speed greater than wakeless speed in the area south of the Benson Railroad Bridge on Cutler Reservoir.
(3) A person may not operate a vessel 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 Cutler Reservoir.
(4) A person shall not wakesurf, as defined in Section R650-201-1, directly behind any vessel on Cutler Reservoir. (5) No person shall operate a vessel while using or engaging ballast tanks, ballast bags, hydrofoils, or other similar devices which enhance or increase the vessel's wake on Cutler Reservoir. KEY: boating, outdoor recreation
Date of Last Change: [January 9, 2024]2026 Authorizing, and Implemented or Interpreted Law: 73-18-4(1)(c)
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