Utah Code Title 73. Water and Irrigation § 73-1-8. Duties of owners or operators--Bridges and trails--Liability

(a) “Water facility” means a dam, pipeline, culvert, flume, conduit, ditch, head gate, canal, reservoir, spring box, well, meter, weir, valve, casing, cap, or other facility used for the diversion, transportation, distribution, measurement, collection, containment, or storage of irrigation water.

(b) “Water facility” does not mean a facility used primarily as part of a:

(a) maintain the water facility to prevent waste of water, damage to property, or injury to others; and

(b) by bridge or otherwise, keep the water facility in good repair where the water facility crosses a public road or highway to prevent obstruction to travel or damage or overflow on the public road or highway.

(a) the damage or personal injury arises out of, is in connection with, or results from the use of a trail that is located along a water facility, stream, or river, regardless of ownership or operation of the water facility, stream, or river;

(b) the trail is designated under a general plan adopted by a municipality under Section 10-9a-401 or by a county under Section 17-27a-401;

(c) the trail right-of-way or the right-of-way where the trail is located is open to public use as evidenced by a written agreement between the owner or operator of the trail right-of-way, or of the right-of-way where the trail is located, and the municipality or county where the trail is located; and

(d) the written agreement:

(5)(a) The duty under Subsection (2) requires only reasonable and ordinary care and may not be construed to impose strict liability or to otherwise increase the liability of the owner or operator of a water facility.

(b) An owner or operator of a water facility is not liable for damage or injury caused by: