ut-20261001-R650-205-17: R650-205-17. Cutler Reservoir

1. Agency Information

Title catchline: Natural Resources, Outdoor Recreation Building: Department of Natural Resources Street address: 1594 W North Temple, Suite 100 City, state: Salt Lake City, UT Mailing address: 1594 W North Temple, Suite 100 City, state and zip: Salt Lake City, UT 84116

2. Contact Persons

Name: Phone: Email: Ty Hunter 801-440-5106 tyhunter@utah.gov Nico Micheletti 385-867-4643 nicomicheletti@agutah.gov Please address questions regarding information on this notice to the persons listed above. UTAH STATE BULLETIN, October 01, 2026, Vol. 2026, No. 19 165 NOTICES OF PROPOSED RULES

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:

A. State budget:

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.

B. Local governments:

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. 166 UTAH STATE BULLETIN, October 01, 2026, Vol. 2026, No. 19 NOTICES OF PROPOSED RULES

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." Fiscal Cost FY2027 FY2028 FY2029 FY2030 FY2031 State Budget $0 $0 $0 $0 $0 Local Governments $0 $0 $0 $0 $0 Small Businesses $0 $0 $0 $0 $0 Non-Small Businesses $0 $0 $0 $0 $0 Other Persons $0 $0 $0 $0 $0 Total Fiscal Cost $0 $0 $0 $0 $0 Fiscal Benefits FY2027 FY2028 FY2029 FY2030 FY2031 State Budget $0 $0 $0 $0 $0 Local Governments $0 $0 $0 $0 $0 Small Businesses $0 $0 $0 $0 $0 Non-Small Businesses $0 $0 $0 $0 $0 Other Persons $0 $0 $0 $0 $0 Total Fiscal Benefits $0 $0 $0 $0 $0 Net Fiscal Benefits $0 $0 $0 $0 $0 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 fo☒mation:

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: Section 73-18-4 Section 79-7-201 Section 73-18b-1 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: 11/02/2026

12. Effective Date Information This rule change MAY become effective on: 11/09/2026 (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 Jason Curry, Division Director Date: 09/03/2026 designee and title: UTAH STATE BULLETIN, October 01, 2026, Vol. 2026, No. 19 167 NOTICES OF PROPOSED RULES R650. Natural Resources, Outdoor Recreation. R650-205. Zoned Waters. R650-205-17. Cutler Reservoir. (1) Aperson 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) Aperson 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) NOTICE OF SUBSTANTIVE CHANGE TYPE OF FILING: Filing ID: 58250