1st Sub. H.B. 538
LEGISLATIVE GENERAL COUNSEL
6 Approved for Filing: A. Hoidal 6
6 02-26-23 7:59 PM 6
H.B. 538
1st Sub. (Buff)
Representative Doug Owens proposes the following substitute bill:
1 WATER USAGE AMENDMENTS
2 2023 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Doug Owens
5 Senate Sponsor: Michael K. McKell
6
7LONG TITLE
8General Description:
9 This bill establishes penalties for watering lawn or turf during a restricted period.
10Highlighted Provisions:
11 This bill:
12 <defines terms; and
13 <addresses civil citations for watering lawn or turf during a restricted period.
14Money Appropriated in this Bill:
15 None
16Other Special Clauses:
17 None
18Utah Code Sections Affected:
19ENACTS:
20 73-10-38, Utah Code Annotated 1953
21 78B-6-2401, Utah Code Annotated 1953
22 78B-6-2402, Utah Code Annotated 1953
23 78B-6-2403, Utah Code Annotated 1953
24 78B-6-2404, Utah Code Annotated 1953
25 78B-6-2405, Utah Code Annotated 1953
*HB0538S01* 1st Sub. (Buff) H.B. 538 02-26-23 7:59 PM
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26
27Be it enacted by the Legislature of the state of Utah:
28 Section 1. Section 73-10-38 is enacted to read:
29 73-10-38. Conveyance of water.
30 (1) As used in this section:
31 (a) "Division" means the Division of Water Resources created in Section 73-10-18.
32 (b) "Great Salt Lake basin" means the same as that term is defined in Section
3378B-6-2401.
34 (c) "Large retail water supplier" means a retail water supplier that serves at least 10,000
35people.
36 (d) "Large secondary water retail supplier" means a secondary water supplier that
37supplies more than 5,000 secondary water connections.
38 (e) "Lawn or turf" means the same as that term is defined in Section 78B-6-2401.
39 (f) "Public benefit property" means the same as that term is defined in Section
4078B-6-2401.
41 (g) "Retail water supplier" means a person that:
42 (i) supplies water for human consumption and other domestic uses to an end user; and
43 (ii) has more than 500 service connections.
44 (h) "Secondary water" means the same as that term is defined in Section 78B-6-2401.
45 (i) "Secondary water connection" means the location at which water leaves a secondary
46water supplier's pipeline and enters into the pipes owned by another person to supply water to
47an end user.
48 (j) "Secondary water supplier" means an entity that supplies pressurized secondary
49water to the end user of the secondary water.
50 (k) "Shoulder season" means the time period that begins on October 1 of a calendar
51year and ends on April 25 of the following calendar year.
52 (l) "Wholesale water supplier" means a person that provides most of the person's water
53to:
54 (i) a retail water supplier;
55 (ii) a secondary water supplier; or
56 (iii) a combination of a retail water supplier and a secondary water supplier. 02-26-23 7:59 PM 1st Sub. (Buff) H.B. 538
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57 (2) Except as provided in Subsection (3)(b), a retail water supplier or a secondary water
58supplier within the Great Salt Lake basin shall adopt an ordinance, resolution, rule, or
59regulation that prohibits the use of culinary water or pressurized secondary water for the
60irrigation of lawn or turf within the Great Salt Lake basin during a shoulder season.
61 (3) An ordinance, resolution, rule, or regulation described in Subsection (2):
62 (a) shall be adopted on or before October 1, 2023;
63 (b) may include an exemption for water used during a shoulder season:
64 (i) on lawn or turf that is located on public benefit property; or
65 (ii) for the watering of a food-bearing plant; and
66 (c) may adjust the definition of a shoulder season to begin earlier than October 1 or end
67later than April 25 based on local growing conditions.
68 (4) A large retail water supplier or a large secondary water retail supplier shall:
69 (a) on or before June 15 of each year, calculate:
70 (i) the amount of water that, but for the immediately preceding shoulder season, would
71otherwise have reasonably been depleted during the immediately preceding shoulder season for
72the irrigation of non-exempt lawn or turf within the water supplier's service area; and
73 (ii) of the amount calculated under Subsection (4)(a)(i), the amount that is attributable
74to surface water that would have passed through a reservoir, including surface water that would
75have been delivered to the water supplier through a reservoir by a wholesale water supplier;
76 (b) prepare a written explanation of how the calculation described in Subsection (4)(a)
77was made, including the share of water attributable to a wholesale water supplier under
78Subsection (4)(a)(ii); and
79 (c) on or before June 30 of each year, provide the calculation and written explanation
80to the division.
81 (5) A large retail water supplier or a large secondary water retail supplier does not need
82to make the calculation described in Subsection (4)(a) if that calculation has been performed by
83another large retail water supplier or a large secondary water retail supplier for the same service
84area.
85 (6) A wholesale water supplier shall assist a large retail water supplier, or a large
86secondary retail water supplier, that receives water from the wholesale water supplier in
87making the calculation described in Subsection (4)(a). 1st Sub. (Buff) H.B. 538 02-26-23 7:59 PM
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88 (7) In making the calculation described in Subsection (4)(a):
89 (a) water that is imported from outside the Great Salt Lake basin shall be excluded; and
90 (b) the amount of water that would have been depleted may be determined using any
91reasonable basis, including accounting for variability due to temperatures and precipitation
92during the period water would have reasonably been used.
93 (8) The division shall publish the calculation described in Subsection (4)(a) on the
94division's website on or before October 1 of each year.
95 (9) Nothing in this section prohibits a retail water supplier or a secondary water
96supplier from adopting or enforcing limitations or prohibitions on the use of water for lawn or
97turf during times outside of the shoulder season.
98 Section 2. Section 78B-6-2401 is enacted to read:
99 78B-6-2401. Definitions.
100 As used in this part:
101 (1) "Authorized officer" means:
102 (a) a law enforcement officer as defined in Section 53-13-103; or
103 (b) a local entity inspector.
104 (2) "Great Salt Lake basin" means the area within:
105 (a) the drainage areas of the Bear River or the Bear River's tributaries;
106 (b) the drainage areas of Bear Lake or Bear Lake's tributaries;
107 (c) the drainage areas of the Weber River or the Weber River's tributaries;
108 (d) the drainage areas of the Jordan River or the Jordan River's tributaries;
109 (e) the drainage areas of Utah Lake or Utah Lake's tributaries;
110 (f) other water drainages lying between the Bear River and the Jordan River that are
111tributary to the Great Salt Lake and not included in the drainage areas described in Subsections
112(2)(a) through (e); and
113 (g) the drainage area of Tooele Valley.
114 (3) (a) "Lawn or turf" means nonagricultural land planted with mowed or managed
115grasses.
116 (b) "Lawn or turf" does not mean land planted by sod farmers.
117 (4) "Local entity" means the municipality or county where the real property is located.
118 (5) "Local entity inspector" is a person appointed by a local entity for the purpose of 02-26-23 7:59 PM 1st Sub. (Buff) H.B. 538
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119enforcing the provisions of this chapter.
120 (6) "Non-owner occupant" means a person:
121 (a) who is not an owner of record of the real property and who occupies the property
122under a lease, contract, or other agreement with the owner;
123 (b) who manages the property; or
124 (c) who is responsible for the property, including a manager or agent of the owner.
125 (7) "Public benefit property" means real property that is dedicated primarily to public
126use, regardless of ownership, and is limited to:
127 (a) a school;
128 (b) an amphitheater;
129 (c) a park or play field;
130 (d) a cemetery;
131 (e) a golf course; or
132 (f) a stadium or other venue that uses lawn or turf for professional, semi-professional,
133or collegiate sports.
134 (8) "Restricted period" means:
135 (a) within the Great Salt Lake basin, the period of time before April 25 and after
136October 1;
137 (b) within a particular county, a day on which the Division of Water Resources posts a
138notice on a website administered by the division indicating that no irrigation of lawn or turf
139should be conducted on that day; or
140 (c) a day that irrigation of lawn or turf is prohibited by an ordinance, resolution,
141regulation, or rule of the municipality, county, retail public water supplier, or secondary water
142supplier where the real property is located.
143 (9) "Secondary water" means water that:
144 (a) is delivered to and used by an end user for the irrigation of landscaping or a garden;
145and
146 (b) is not culinary water or water used on land assessed under Title 59, Chapter 2, Part
1475, Farmland Assessment Act.
148 Section 3. Section 78B-6-2402 is enacted to read:
149 78B-6-2402. Citation - Civil penalty. 1st Sub. (Buff) H.B. 538 02-26-23 7:59 PM
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150 (1) Except as provided in Subsection (4), an owner or non-owner occupant of real
151property may not knowingly conduct, aid, or allow the use of culinary water or pressurized
152secondary water for the irrigation of lawn or turf during a restricted period.
153 (2) An authorized officer may issue a written citation to an owner or non-owner
154occupant who violates Subsection (1).
155 (3) An individual who receives a citation under this section is subject to a civil penalty
156of:
157 (a) a fine of $45 for the first citation; or
158 (b) double the fine imposed for an immediately preceding citation in the same calendar
159year.
160 (4) This section does not apply to:
161 (a) public benefit property; or
162 (b) the watering of a food-bearing plant.
163 (5) An owner or non-owner occupant of real property is subject to the provisions of
164this part regardless of whether the individual is directly responsible for the operation of the
165irrigation system serving the lawn or turf.
166 (6) (a) Except as provided in Subsection (7), an authorized officer shall serve written
167notice, as a warning, in accordance with Subsection (6)(b) at least three days before the day on
168which the authorized officer issues a citation under this part, to:
169 (i) a property owner of record according to the records of the county recorder; or
170 (ii) a non-owner occupant of the property if the property owner is not an occupant of
171the property.
172 (b) The written notice described in Subsection (6)(a) shall be served:
173 (i) on the owner of record by posting on the property, or by mailing the notice to the
174last-known address of the owner, according to the county recorder's records; or
175 (ii) subject to Subsection (6)(a)(ii), on a non-owner occupant of the property, by
176posting on the property or by mail to the property address.
177 (c) In the written notice described in Subsection (6)(a), the authorized officer shall:
178 (i) identify the property owner of record according to the county recorder's records;
179 (ii) identify the relevant ordinance, resolution, regulation, rule, or notice establishing
180the restricted period; 02-26-23 7:59 PM 1st Sub. (Buff) H.B. 538
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181 (iii) describe the violation of the relevant ordinance, resolution, regulation, rule, or
182notice; and
183 (iv) describe the fine that may be imposed.
184 (d) If an owner or non-owner occupant that is served a notice described in Subsection
185(6)(b) ceases violation of the provision described in the notice within three days after the day
186on which the notice is served, the authorized officer may not issue a citation, unless, after the
187three-day period described in this Subsection (6)(d), the owner or non-owner occupant violates
188a provision described in Subsection (6)(c)(iii).
189 (7) An authorized officer is not required to make more than one written notice under
190Subsection (6) for each calendar year.
191 Section 4. Section 78B-6-2403 is enacted to read:
192 78B-6-2403. Collection of civil penalty.
193 (1) A local entity shall mail a notice of the civil penalty amount, for a citation issued
194under Section 78B-6-2402, by first-class or certified mail within 14 days after the day on which
195a citation is issued under Section 78B-6-2402.
196 (2) (a) An individual liable under Section 78B-6-2402 shall remit payment of a civil
197penalty to the local entity that provides the notice required by Subsection (1) within 90 days
198after the day on which the notice is sent.
199 (b) Notwithstanding Subsection (2)(a), a local entity may:
200 (i) reduce the amount of a civil penalty; or
201 (ii) negotiate a payment schedule for a civil penalty.
202 (3) (a) A civil penalty imposed under this section may be appealed as provided in
203Section 78B-6-2405.
204 (b) Notwithstanding Subsection (2), the payment of a civil payment is stayed pending
205an appeal made under Section 78B-6-2405.
206 (4) The amount of a civil penalty owed under this part is considered a debt owed to the
207local entity by the person cited under this part.
208 (5) Upon receiving the notice required by Subsection (1), a person owing a civil
209penalty under this section is liable in a civil action brought in the name of the local entity for
210recovery of:
211 (a) the civil penalty; and 1st Sub. (Buff) H.B. 538 02-26-23 7:59 PM
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212 (b) reasonable attorney fees.
213 Section 5. Section 78B-6-2404 is enacted to read:
214 78B-6-2404. Reservation of legal options - Ordinances.
215 (1) The provisions of this part are provided for in addition to any other civil or criminal
216statute.
217 (2) A local entity may adopt by ordinance stricter provisions controlling the use of
218water on lawn or turf, including a different or higher fine schedule, than those provided in this
219part.
220 Section 6. Section 78B-6-2405 is enacted to read:
221 78B-6-2405. Appeals.
222 A person that receives a civil penalty under this part may appeal the penalty under the
223procedures used by the local entity for appealing a violation of an ordinance.