79-4-203 - Powers and duties of division.
79-4-203. Powers and duties of division.
(1) As used in this section, "real property" includes land under water, upland, and allother property commonly or legally defined as real property.
(2) The Division of Wildlife Resources shall retain the power and jurisdiction conferredupon it by law within state parks and on property controlled by the Division of Parks andRecreation with reference to fish and game.
(3) The division shall permit multiple use of state parks and property controlled by it forpurposes such as grazing, fishing, hunting, mining, and the development and utilization of waterand other natural resources.
(4) (a) The division may acquire real and personal property in the name of the state by alllegal and proper means, including purchase, gift, devise, eminent domain, lease, exchange, orotherwise, subject to the approval of the executive director and the governor.
(b) In acquiring any real or personal property, the credit of the state may not be pledgedwithout the consent of the Legislature.
(5) (a) Before acquiring any real property, the division shall notify the county legislativebody of the county where the property is situated of its intention to acquire the property.
(b) If the county legislative body requests a hearing within 10 days of receipt of thenotice, the division shall hold a public hearing in the county concerning the matter.
(6) Acceptance of gifts or devises of land or other property is at the discretion of thedivision, subject to the approval of the executive director and the governor.
(7) The division shall acquire property by eminent domain in the manner authorized byTitle 78B, Chapter 6, Part 5, Eminent Domain.
(8) (a) The division may make charges for special services and use of facilities, theincome from which is available for park and recreation purposes.
(b) The division may conduct and operate those services necessary for the comfort andconvenience of the public.
(9) (a) The division may lease or rent concessions of all lawful kinds and nature in stateparks and property to persons, partnerships, and corporations for a valuable consideration uponthe recommendation of the board.
(b) The division shall comply with Title 63G, Chapter 6, Utah Procurement Code, inselecting concessionaires.
(10) The division shall proceed without delay to negotiate with the federal governmentconcerning the Weber Basin and other recreation and reclamation projects.
(11) The division shall receive and distribute voluntary contributions collected underSection 41-1a-422 in accordance with Section 79-4-404.
Renumbered and Amended by Chapter 344, 2009 General Session