Vested critical infrastructure materials use-- Presumption

(1) (a) A critical infrastructure materials use is presumed to be a vested critical infrastructure materials use if the critical infrastructure materials use meets the definition of vested critical infrastructure materials use as defined in Section 17-81-101. (b) A person claiming that a vested critical infrastructure materials use has not been established has the burden of proof to show by the preponderance of the evidence that the vested critical infrastructure materials use has not been established. (2) A vested critical infrastructure materials use: (a) runs with the land; and (b) may be changed to another critical infrastructure materials use without losing its status as a vested critical infrastructure materials use. (3) The present or future boundary of the critical infrastructure materials use of a critical infrastructure materials operator with a vested critical infrastructure materials use does not limit: (a) the scope of rights of a critical infrastructure materials operator with a vested critical infrastructure material use; or (b) the protection for a critical infrastructure materials protection area. (4) (a) A critical infrastructure operator with a vested critical infrastructure materials use shall file a declaration for recording in the office of the recorder of the county in which the vested critical infrastructure materials use is located. (b) A declaration under Subsection (4)(a) shall: (i) contain a legal description of the land included within the vested critical infrastructure materials use; and (ii) provide notice of the vested critical infrastructure materials use.