H.B. 538
LEGISLATIVE GENERAL COUNSEL
6 Approved for Filing: A. Hoidal 6
6 02-21-23 5:42 PM 6
H.B. 538
1 WATER USAGE AMENDMENTS
2 2023 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Doug Owens
5 Senate Sponsor: ____________
6
7LONG TITLE
8General Description:
9 This bill addresses the conveyance of water and establishes penalties for watering lawn
10or turf during a restricted period.
11Highlighted Provisions:
12 This bill:
13 <defines terms;
14 <addresses civil citations for watering lawn or turf during a restricted period; and
15 <provides for use of water for the Great Salt Lake.
16Money Appropriated in this Bill:
17 None
18Other Special Clauses:
19 None
20Utah Code Sections Affected:
21ENACTS:
22 73-10-38, Utah Code Annotated 1953
23 78B-6-2401, Utah Code Annotated 1953
24 78B-6-2402, Utah Code Annotated 1953
25 78B-6-2403, Utah Code Annotated 1953
26 78B-6-2404, Utah Code Annotated 1953
27 78B-6-2405, Utah Code Annotated 1953
*HB0538* H.B. 538 02-21-23 5:42 PM
- 2 -
28
29Be it enacted by the Legislature of the state of Utah:
30 Section 1. Section 73-10-38 is enacted to read:
31 73-10-38. Conveyance of water.
32 (1) As used in this section:
33 (a) "Great Salt Lake basin" means the same as that term is defined in Section
3478B-6-2401.
35 (b) "Large retail water supplier" means a retail water system that serves at least 10,000
36people.
37 (c) "Large secondary water retail supplier" means a secondary water supplier that
38supplies more than 5,000 secondary water connections.
39 (d) "Lawn or turf" means the same as that term is defined in Section 78B-6-2401.
40 (e) "Public benefit property" means the same as that term is defined in Section
4178B-6-2401.
42 (f) "Retail water supplier" means a person that:
43 (i) supplies water for human consumption and other domestic uses to an end user; and
44 (ii) has more than 500 service connections.
45 (g) "Secondary water" means the same as that term is defined in Section 78B-6-2401.
46 (h) "Secondary water connection" means the location at which water leaves a
47secondary water supplier's pipeline and enters into the pipes owned by another person to supply
48water to an end user.
49 (i) "Secondary water supplier" means an entity that supplies pressurized secondary
50water to the end user of the secondary water.
51 (j) "Shoulder season" means the time period that begins on October 1 of a calendar
52year and ends on May 1 of the following calendar year.
53 (k) "Wholesale water supplier" means a person that provides most of the person's water
54to:
55 (i) a retail water supplier;
56 (ii) a secondary water supplier; or
57 (iii) a combination of a retail water supplier and a secondary water supplier.
58 (2) Except as provided in Subsection (3)(b), a retail water supplier or a secondary water 02-21-23 5:42 PM H.B. 538
- 3 -
59supplier within the Great Salt Lake basin shall adopt an ordinance, resolution, rule, or
60regulation that prohibits the use of culinary water or pressurized secondary water for the
61irrigation of lawn or turf within the Great Salt Lake basin during a shoulder season.
62 (3) An ordinance, resolution, rule, or regulation described in Subsection (2):
63 (a) shall be adopted on or before October 1, 2023;
64 (b) may include an exemption for water used during a shoulder season on lawn or turf
65that is:
66 (i) located on public benefit property;
67 (ii) for a reasonable period after new sod has been laid or new grass seed germinates;
68or
69 (iii) grown as part of a commercial agricultural operation, including a sod farm; and
70 (c) may adjust the definition of a shoulder season to begin earlier than October 1 or end
71later than May 1 based on local growing conditions.
72 (4) A large retail water supplier or a large secondary water retail supplier shall:
73 (a) on or before June 15 of each year, calculate:
74 (i) the amount of water that, but for the immediately preceding shoulder season, would
75otherwise have reasonably been depleted during the immediately preceding shoulder season for
76the irrigation of non-exempt lawn or turf within the water supplier's service area; and
77 (ii) of the amount calculated under Subsection (4)(a)(i), the amount that is attributable
78to surface water that would have passed through a reservoir, including surface water that would
79have been delivered to the water supplier through a reservoir by a wholesale water supplier;
80 (b) file an instream flow change application in accordance with Section 73-3-30 to
81convey an equivalent amount of water calculated under Subsection (4)(a) to the Great Salt
82Lake;
83 (c) prepare a written explanation of how the calculation described in Subsection (4)(a)
84was made, including the share of water attributable to a wholesale water supplier under
85Subsection (4)(a)(ii); and
86 (d) include the written explanation described in Subsection (4)(c) with the change
87application described in Subsection (4)(b).
88 (5) A wholesale water supplier shall:
89 (a) assist a larger retail water supplier, or a large secondary retail water supplier, that H.B. 538 02-21-23 5:42 PM
- 4 -
90receives water from the wholesale water supplier in making the calculation described in
91Subsection (4)(a);
92 (b) sign the change application described in Subsection (4)(b); and
93 (c) allow to be conveyed to the Great Salt Lake the share of the amount calculated
94under Subsection (4)(a)(i) that would be attributable to the wholesale water supplier's deliveries
95to the large retail water supplier or large secondary water retail supplier as identified in the
96written explanation described under Subsection (4)(c).
97 (6) In making the calculation described in Subsection (4)(a):
98 (a) water that is imported from outside the Great Salt Lake basin shall be excluded; and
99 (b) the amount of water that would have been depleted may be determined using any
100reasonable basis, including accounting for variability due to temperatures and precipitation
101during the period water would have reasonably been used.
102 (7) A large retail water supplier, large secondary water retail supplier, or wholesale
103water supplier:
104 (a) need not use the same source of water for the change application described in
105Subsection (4)(b) that would have been used to deliver water to an end user; and
106 (b) shall use an alternate source of water to meet the deliveries of water to the Great
107Salt Lake if water stored in a reservoir is unavailable.
108 (8) A retail water supplier, secondary water supplier, or wholesale water supplier may
109only receive state funds for water development or secondary water meters if the retail water
110supplier, secondary water supplier, or wholesale water supplier complies with the requirements
111of this section.
112 (9) Nothing in this section prohibits a retail water supplier or a secondary water
113supplier from adopting or enforcing limitations or prohibitions on the use of water for lawn or
114turf during times outside of the shoulder season.
115 Section 2. Section 78B-6-2401 is enacted to read:
116 78B-6-2401. Definitions.
117 As used in this part:
118 (1) "Authorized officer" means:
119 (a) a law enforcement officer as defined in Section 53-13-103; or
120 (b) a local entity inspector. 02-21-23 5:42 PM H.B. 538
- 5 -
121 (2) "Great Salt Lake basin" means the area within:
122 (a) the drainage areas of the Bear River or the Bear River's tributaries;
123 (b) the drainage areas of Bear Lake or Bear Lake's tributaries;
124 (c) the drainage areas of the Weber River or the Weber River's tributaries;
125 (d) the drainage areas of the Jordan River or the Jordan River's tributaries;
126 (e) the drainage areas of Utah Lake or Utah Lake's tributaries;
127 (f) other water drainages lying between the Bear River and the Jordan River that are
128tributary to the Great Salt Lake and not included in the drainage areas described in Subsections
129(2)(a) through (e); and
130 (g) the drainage area of Tooele Valley.
131 (3) "Lawn or turf" means nonagricultural land planted with mowed or managed
132grasses.
133 (4) "Local entity" means the municipality or county where the real property is located.
134 (5) "Local entity inspector" is a person appointed by a local entity for the purpose of
135enforcing the provisions of this chapter.
136 (6) "Non-owner occupant" means a person:
137 (a) who is not an owner of record of the real property and who occupies the property
138under a lease, contract, or other agreement with the owner;
139 (b) who manages the property; or
140 (c) who is responsible for the property, including a manager or agent of the owner.
141 (7) "Public benefit property" means real property that is dedicated primarily to public
142use, regardless of ownership, and is limited to:
143 (a) a school;
144 (b) an amphitheater;
145 (c) a park or play field;
146 (d) a cemetery;
147 (e) a golf course; or
148 (f) a stadium or other venue that uses lawn or turf for professional, semi-professional,
149or collegiate sports.
150 (8) "Restricted period" means:
151 (a) within the Great Salt Lake basin, the period of time before May 1 and after October H.B. 538 02-21-23 5:42 PM
- 6 -
1521;
153 (b) within a particular county, a day on which the Division of Water Resources posts a
154notice on a website administered by the division indicating that no irrigation of lawn or turf
155should be conducted on that day; or
156 (c) a day that irrigation of lawn or turf is prohibited by an ordinance, resolution,
157regulation, or rule of the municipality, county, retail public water supplier, or secondary water
158supplier where the real property is located.
159 (9) "Secondary water" means water that:
160 (a) is delivered to and used by an end user for the irrigation of landscaping or a garden;
161and
162 (b) is not culinary water or water used on land assessed under Title 59, Chapter 2, Part
1635, Farmland Assessment Act.
164 Section 3. Section 78B-6-2402 is enacted to read:
165 78B-6-2402. Citation - Civil penalty.
166 (1) Except as provided in Subsection (4), an owner or non-owner occupant of real
167property may not knowingly conduct, aid, or allow the use of culinary water or pressurized
168secondary water for the irrigation of lawn or turf during a restricted period.
169 (2) An authorized officer may issue a written citation to an owner or non-owner
170occupant who violates Subsection (1).
171 (3) An individual who receives a citation under this section is subject to a civil penalty
172of:
173 (a) a fine of $45 for the first citation; or
174 (b) double the fine imposed for an immediately preceding citation in the same calendar
175year.
176 (4) This section does not apply to:
177 (a) public benefit property;
178 (b) an owner or non-owner occupant of real property for a reasonable period after new
179sod has been laid or new grass seed germinates; or
180 (c) a commercial agricultural operation, including a sod farm.
181 (5) An owner or non-owner occupant of real property is subject to the provisions of
182this part regardless of whether the individual is directly responsible for the operation of the 02-21-23 5:42 PM H.B. 538
- 7 -
183irrigation system serving the lawn or turf.
184 (6) (a) Except as provided in Subsection (7), an authorized officer shall serve written
185notice, as a warning, in accordance with Subsection (6)(b) at least three days before the day on
186which the authorized officer issues a citation under this part, to:
187 (i) a property owner of record according to the records of the county recorder; or
188 (ii) a non-owner occupant of the property if the property owner is not an occupant of
189the property.
190 (b) The written notice described in Subsection (6)(a) shall be served:
191 (i) on the owner of record by posting on the property, or by mailing the notice to the
192last-known address of the owner, according to the county recorder's records; or
193 (ii) subject to Subsection (6)(a)(ii), on a non-owner occupant of the property, by
194posting on the property or by mail to the property address.
195 (c) In the written notice described in Subsection (6)(a), the authorized officer shall:
196 (i) identify the property owner of record according to the county recorder's records;
197 (ii) identify the relevant ordinance, resolution, regulation, rule, or notice establishing
198the restricted period;
199 (iii) describe the violation of the relevant ordinance, resolution, regulation, rule, or
200notice; and
201 (iv) describe the fine that may be imposed.
202 (d) If an owner or non-owner occupant that is served a notice described in Subsection
203(6)(b) ceases violation of the provision described in the notice within three days after the day
204on which the notice is served, the authorized officer may not issue a citation, unless, after the
205three-day period described in this Subsection (6)(d), the owner or non-owner occupant violates
206a provision described in Subsection (6)(c)(iii).
207 (7) An authorized officer is not required to make more than one written notice under
208Subsection (6) for each calendar year.
209 Section 4. Section 78B-6-2403 is enacted to read:
210 78B-6-2403. Collection of civil penalty.
211 (1) A local entity shall mail a notice of the civil penalty amount, for a citation issued
212under Section 78B-6-2402, by first-class or certified mail within 14 days after the day on which
213a citation is issued under Section 78B-6-2402. H.B. 538 02-21-23 5:42 PM
- 8 -
214 (2) (a) An individual liable under Section 78B-6-2402 shall remit payment of a civil
215penalty to the local entity that provides the notice required by Subsection (1) within 90 days
216after the day on which the notice is sent.
217 (b) Notwithstanding Subsection (2)(a), a local entity may:
218 (i) reduce the amount of a civil penalty; or
219 (ii) negotiate a payment schedule for a civil penalty.
220 (3) (a) A civil penalty imposed under this section may be appealed as provided in
221Section 78B-6-2405.
222 (b) Notwithstanding Subsection (2), the payment of a civil payment is stayed pending
223an appeal made under Section 78B-6-2405.
224 (4) The amount of a civil penalty owed under this part is considered a debt owed to the
225local entity by the person cited under this part.
226 (5) Upon receiving the notice required by Subsection (1), a person owing a civil
227penalty under this section is liable in a civil action brought in the name of the local entity for
228recovery of:
229 (a) the civil penalty; and
230 (b) reasonable attorney fees.
231 Section 5. Section 78B-6-2404 is enacted to read:
232 78B-6-2404. Reservation of legal options - Ordinances.
233 (1) The provisions of this part are provided for in addition to any other civil or criminal
234statute.
235 (2) A local entity may adopt by ordinance stricter provisions controlling the use of
236water on lawn or turf, including a different or higher fine schedule, than those provided in this
237part.
238 Section 6. Section 78B-6-2405 is enacted to read:
239 78B-6-2405. Appeals.
240 A person that receives a civil penalty under this part may appeal the penalty under the
241procedures used by the local entity for appealing a violation of an ordinance.