UT
Utah House Bill HB0538

Utah 2023 Regular Session

Utah House Bill HB0538 Compare Versions

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1-3rd Sub. H.B. 538
1+2nd Sub. H.B. 538
22 LEGISLATIVE GENERAL COUNSEL
33 6 Approved for Filing: A. Hoidal 6
4-6 03-03-23 10:31 AM 6
4+6 02-28-23 12:38 PM 6
55 H.B. 538
6-3rd Sub. (Cherry)
7-Senator Michael K. McKell proposes the following substitute bill:
6+2nd Sub. (Gray)
7+Representative Keven J. Stratton proposes the following substitute bill:
88 1 WATER USAGE AMENDMENTS
99 2 2023 GENERAL SESSION
1010 3 STATE OF UTAH
1111 4 Chief Sponsor: Doug Owens
1212 5 Senate Sponsor: Michael K. McKell
1313 6
1414 7LONG TITLE
1515 8General Description:
16-9 This bill addresses the watering of lawn or turf during a restricted period.
16+9 This bill establishes penalties for watering lawn or turf during a restricted period.
1717 10Highlighted Provisions:
1818 11 This bill:
1919 12 <defines terms;
20-13 <addresses the watering of lawn or turf during a restricted period; and
20+13 <addresses civil citations for watering lawn or turf during a restricted period; and
2121 14 <establishes a sunset date.
2222 15Money Appropriated in this Bill:
2323 16 None
2424 17Other Special Clauses:
2525 18 None
2626 19Utah Code Sections Affected:
2727 20AMENDS:
2828 21 63I-1-273, as last amended by Laws of Utah 2022, Chapters 68, 79
2929 22ENACTS:
3030 23 73-10-38, Utah Code Annotated 1953
31-24
32-25Be it enacted by the Legislature of the state of Utah:
33-*HB0538S03* 3rd Sub. (Cherry) H.B. 538 03-03-23 10:31 AM
31+24 78B-6-2401, Utah Code Annotated 1953
32+25 78B-6-2402, Utah Code Annotated 1953
33+*HB0538S02* 2nd Sub. (Gray) H.B. 538 02-28-23 12:38 PM
3434 - 2 -
35-26 Section 1. Section 63I-1-273 is amended to read:
36-27 63I-1-273. Repeal dates: Title 73.
37-28 (1) Title 73, Chapter 27, Legislative Water Development Commission, is repealed
38-29January 1, 2031.
39-30 (2) Section 73-10-38 is repealed July 1, 2028.
40-31 [(2)] (3) In relation to Title 73, Chapter 10g, Part 2, Agricultural Water Optimization,
41-32on July 1, 2025:
42-33 (a) Section 73-10g-202 is repealed; and
43-34 (b) Section 73-10g-203 is repealed.
44-35 [(3)] (4) Section 73-18-3.5, which authorizes the Division of Outdoor Recreation to
45-36appoint an advisory council that includes in the advisory council's duties advising on boating
46-37policies, is repealed July 1, 2024.
47-38 [(4)] (5) Title 73, Chapter 30, Great Salt Lake Advisory Council Act, is repealed July
48-391, 2027.
49-40 [(5)] (6) In relation to Title 73, Chapter 31, Water Banking Act, on December 31,
50-412030:
51-42 (a) Subsection 73-1-4(2)(e)(xi) is repealed;
52-43 (b) Subsection 73-10-4(1)(h) is repealed; and
53-44 (c) Title 73, Chapter 31, Water Banking Act, is repealed.
54-45 Section 2. Section 73-10-38 is enacted to read:
55-46 73-10-38. Conveyance of water.
56-47 (1) As used in this section:
57-48 (a) "Division" means the Division of Water Resources created in Section 73-10-18.
58-49 (b) "Great Salt Lake basin" means the area within:
59-50 (i) the drainage areas of the Bear River or the Bear River's tributaries;
60-51 (ii) the drainage areas of Bear Lake or Bear Lake's tributaries;
61-52 (iii) the drainage areas of the Weber River or the Weber River's tributaries;
62-53 (iv) the drainage areas of the Jordan River or the Jordan River's tributaries;
63-54 (v) the drainage areas of Utah Lake or Utah Lake's tributaries;
64-55 (vi) other water drainages lying between the Bear River and the Jordan River that are
65-56tributary to the Great Salt Lake and not included in the drainage areas described in Subsections 03-03-23 10:31 AM 3rd Sub. (Cherry) H.B. 538
35+26 78B-6-2403, Utah Code Annotated 1953
36+27 78B-6-2404, Utah Code Annotated 1953
37+28 78B-6-2405, Utah Code Annotated 1953
38+29
39+30Be it enacted by the Legislature of the state of Utah:
40+31 Section 1. Section 63I-1-273 is amended to read:
41+32 63I-1-273. Repeal dates: Title 73.
42+33 (1) Title 73, Chapter 27, Legislative Water Development Commission, is repealed
43+34January 1, 2031.
44+35 (2) Section 73-10-38 is repealed July 1, 2028.
45+36 [(2)] (3) In relation to Title 73, Chapter 10g, Part 2, Agricultural Water Optimization,
46+37on July 1, 2025:
47+38 (a) Section 73-10g-202 is repealed; and
48+39 (b) Section 73-10g-203 is repealed.
49+40 [(3)] (4) Section 73-18-3.5, which authorizes the Division of Outdoor Recreation to
50+41appoint an advisory council that includes in the advisory council's duties advising on boating
51+42policies, is repealed July 1, 2024.
52+43 [(4)] (5) Title 73, Chapter 30, Great Salt Lake Advisory Council Act, is repealed July
53+441, 2027.
54+45 [(5)] (6) In relation to Title 73, Chapter 31, Water Banking Act, on December 31,
55+462030:
56+47 (a) Subsection 73-1-4(2)(e)(xi) is repealed;
57+48 (b) Subsection 73-10-4(1)(h) is repealed; and
58+49 (c) Title 73, Chapter 31, Water Banking Act, is repealed.
59+50 Section 2. Section 73-10-38 is enacted to read:
60+51 73-10-38. Conveyance of water.
61+52 (1) As used in this section:
62+53 (a) "Division" means the Division of Water Resources created in Section 73-10-18.
63+54 (b) "Great Salt Lake basin" means the same as that term is defined in Section
64+5578B-6-2401.
65+56 (c) "Large retail water supplier" means a retail water supplier that serves at least 10,000 02-28-23 12:35 PM 2nd Sub. (Gray) H.B. 538
6666 - 3 -
67-57(1)(b)(i) through (v); and
68-58 (vii) the drainage area of Tooele Valley.
69-59 (c) "Large retail water supplier" means a retail water supplier that serves at least 10,000
70-60people.
71-61 (d) "Large secondary water retail supplier" means a secondary water supplier that
72-62supplies more than 5,000 secondary water connections.
73-63 (e) (i) "Lawn or turf" means nonagricultural land planted with mowed or managed
74-64grasses.
75-65 (ii) "Lawn or turf" does not mean land planted by sod farmers.
76-66 (f) "Public benefit property" means real property that is dedicated primarily to public
77-67use, regardless of ownership, and is limited to:
78-68 (i) a school;
79-69 (ii) an amphitheater;
80-70 (iii) a park or play field;
81-71 (iv) a cemetery;
82-72 (v) a golf course; or
83-73 (vi) a stadium or other venue that uses lawn or turf for professional, semi-professional,
84-74or collegiate sports.
85-75 (g) "Retail water supplier" means a person that:
86-76 (i) supplies water for human consumption and other domestic uses to an end user; and
87-77 (ii) has more than 500 service connections.
88-78 (h) "Secondary water" means water that:
89-79 (i) is delivered to and used by an end user for the irrigation of landscaping or a garden;
90-80and
91-81 (ii) is not culinary water or water used on land assessed under Title 59, Chapter 2, Part
92-825, Farmland Assessment Act.
93-83 (i) "Secondary water connection" means the location at which water leaves a secondary
94-84water supplier's pipeline and enters into the pipes owned by another person to supply water to
95-85an end user.
96-86 (j) "Secondary water supplier" means an entity that supplies pressurized secondary
97-87water to the end user of the secondary water. 3rd Sub. (Cherry) H.B. 538 03-03-23 10:31 AM
67+57people.
68+58 (d) "Large secondary water retail supplier" means a secondary water supplier that
69+59supplies more than 5,000 secondary water connections.
70+60 (e) "Lawn or turf" means the same as that term is defined in Section 78B-6-2401.
71+61 (f) "Public benefit property" means the same as that term is defined in Section
72+6278B-6-2401.
73+63 (g) "Retail water supplier" means a person that:
74+64 (i) supplies water for human consumption and other domestic uses to an end user; and
75+65 (ii) has more than 500 service connections.
76+66 (h) "Secondary water" means the same as that term is defined in Section 78B-6-2401.
77+67 (i) "Secondary water connection" means the location at which water leaves a secondary
78+68water supplier's pipeline and enters into the pipes owned by another person to supply water to
79+69an end user.
80+70 (j) "Secondary water supplier" means an entity that supplies pressurized secondary
81+71water to the end user of the secondary water.
82+72 (k) "Shoulder season" means the time period that begins on October 1 of a calendar
83+73year and ends on April 25 of the following calendar year.
84+74 (l) "Wholesale water supplier" means a person that provides most of the person's water
85+75to:
86+76 (i) a retail water supplier;
87+77 (ii) a secondary water supplier; or
88+78 (iii) a combination of a retail water supplier and a secondary water supplier.
89+79 (2) Except as provided in Subsection (3)(b), a retail water supplier or a secondary water
90+80supplier within the Great Salt Lake basin shall adopt an ordinance, resolution, rule, or
91+81regulation that prohibits the use of culinary water or pressurized secondary water for the
92+82irrigation of lawn or turf within the Great Salt Lake basin during a shoulder season.
93+83 (3) An ordinance, resolution, rule, or regulation described in Subsection (2):
94+84 (a) shall be adopted on or before October 1, 2023;
95+85 (b) may include an exemption for water used during a shoulder season:
96+86 (i) on lawn or turf that is located on public benefit property;
97+87 (ii) for the watering of a food-bearing plant; or 2nd Sub. (Gray) H.B. 538 02-28-23 12:38 PM
9898 - 4 -
99-88 (k) "Shoulder season" means the time period that begins on October 1 of a calendar
100-89year and ends on April 25 of the following calendar year.
101-90 (l) "Wholesale water supplier" means a person that provides most of the person's water
102-91to:
103-92 (i) a retail water supplier;
104-93 (ii) a secondary water supplier; or
105-94 (iii) a combination of a retail water supplier and a secondary water supplier.
106-95 (2) A retail water supplier or a secondary water supplier within the Great Salt Lake
107-96basin shall adopt an ordinance, resolution, rule, or regulation that prohibits the use of culinary
108-97water or pressurized secondary water for the irrigation of lawn or turf within the Great Salt
109-98Lake basin during a shoulder season.
110-99 (3) An ordinance, resolution, rule, or regulation described in Subsection (2):
111-100 (a) shall be adopted on or before October 1, 2023;
112-101 (b) may include an exemption for water used during a shoulder season:
113-102 (i) on lawn or turf that is located on public benefit property;
114-103 (ii) for the watering of a food-bearing plant; or
115-104 (iii) on new landscaping for one year after the landscaping is installed; and
116-105 (c) may adjust the definition of a shoulder season to begin earlier than October 1 or end
117-106later than April 25 based on local growing conditions.
118-107 (4) A large retail water supplier or a large secondary water retail supplier shall:
119-108 (a) on or before June 15 of each year, calculate:
120-109 (i) the amount of water that, but for the immediately preceding shoulder season, would
121-110otherwise have reasonably been depleted during the immediately preceding shoulder season for
122-111the irrigation of non-exempt lawn or turf within the water supplier's service area; and
123-112 (ii) of the amount calculated under Subsection (4)(a)(i), the amount that is attributable
124-113to surface water that would have passed through a reservoir, including surface water that would
125-114have been delivered to the water supplier through a reservoir by a wholesale water supplier;
126-115 (b) prepare a written explanation of how the calculation described in Subsection (4)(a)
127-116was made, including the share of water attributable to a wholesale water supplier under
128-117Subsection (4)(a)(ii); and
129-118 (c) on or before June 30 of each year, provide the calculation and written explanation 03-03-23 10:31 AM 3rd Sub. (Cherry) H.B. 538
99+88 (iii) on new landscaping for one year after the landscaping is installed; and
100+89 (c) may adjust the definition of a shoulder season to begin earlier than October 1 or end
101+90later than April 25 based on local growing conditions.
102+91 (4) A large retail water supplier or a large secondary water retail supplier shall:
103+92 (a) on or before June 15 of each year, calculate:
104+93 (i) the amount of water that, but for the immediately preceding shoulder season, would
105+94otherwise have reasonably been depleted during the immediately preceding shoulder season for
106+95the irrigation of non-exempt lawn or turf within the water supplier's service area; and
107+96 (ii) of the amount calculated under Subsection (4)(a)(i), the amount that is attributable
108+97to surface water that would have passed through a reservoir, including surface water that would
109+98have been delivered to the water supplier through a reservoir by a wholesale water supplier;
110+99 (b) prepare a written explanation of how the calculation described in Subsection (4)(a)
111+100was made, including the share of water attributable to a wholesale water supplier under
112+101Subsection (4)(a)(ii); and
113+102 (c) on or before June 30 of each year, provide the calculation and written explanation
114+103to the division.
115+104 (5) A large retail water supplier or a large secondary water retail supplier does not need
116+105to make the calculation described in Subsection (4)(a) if that calculation has been performed by
117+106another large retail water supplier or a large secondary water retail supplier for the same service
118+107area.
119+108 (6) A wholesale water supplier shall assist a large retail water supplier, or a large
120+109secondary retail water supplier, that receives water from the wholesale water supplier in
121+110making the calculation described in Subsection (4)(a).
122+111 (7) In making the calculation described in Subsection (4)(a):
123+112 (a) water that is imported from outside the Great Salt Lake basin shall be excluded; and
124+113 (b) the amount of water that would have been depleted may be determined using any
125+114reasonable basis, including accounting for variability due to temperatures and precipitation
126+115during the period water would have reasonably been used.
127+116 (8) The division shall publish the calculation described in Subsection (4)(a) on the
128+117division's website on or before October 1 of each year.
129+118 (9) Nothing in this section prohibits a retail water supplier or a secondary water 02-28-23 12:35 PM 2nd Sub. (Gray) H.B. 538
130130 - 5 -
131-119to the division.
132-120 (5) A large retail water supplier or a large secondary water retail supplier does not need
133-121to make the calculation described in Subsection (4)(a) if that calculation has been performed by
134-122another large retail water supplier or a large secondary water retail supplier for the same service
135-123area.
136-124 (6) A wholesale water supplier shall assist a large retail water supplier, or a large
137-125secondary retail water supplier, that receives water from the wholesale water supplier in
138-126making the calculation described in Subsection (4)(a).
139-127 (7) In making the calculation described in Subsection (4)(a):
140-128 (a) water that is imported from outside the Great Salt Lake basin shall be excluded; and
141-129 (b) the amount of water that would have been depleted may be determined using any
142-130reasonable basis, including accounting for variability due to temperatures and precipitation
143-131during the period water would have reasonably been used.
144-132 (8) The division shall publish the calculation described in Subsection (4)(a) on the
145-133division's website on or before October 1 of each year.
146-134 (9) Nothing in this section prohibits a retail water supplier or a secondary water
147-135supplier from adopting or enforcing limitations or prohibitions on the use of water for lawn or
148-136turf during times outside of the shoulder season.
149-137 (10) A local entity may adopt by ordinance, provisions controlling the use of water on
150-138lawn or turf, that are stricter than those provided in this section.
131+119supplier from adopting or enforcing limitations or prohibitions on the use of water for lawn or
132+120turf during times outside of the shoulder season.
133+121 Section 3. Section 78B-6-2401 is enacted to read:
134+122 78B-6-2401. Definitions.
135+123 As used in this part:
136+124 (1) "Authorized officer" means:
137+125 (a) a law enforcement officer as defined in Section 53-13-103; or
138+126 (b) a local entity inspector.
139+127 (2) "Great Salt Lake basin" means the area within:
140+128 (a) the drainage areas of the Bear River or the Bear River's tributaries;
141+129 (b) the drainage areas of Bear Lake or Bear Lake's tributaries;
142+130 (c) the drainage areas of the Weber River or the Weber River's tributaries;
143+131 (d) the drainage areas of the Jordan River or the Jordan River's tributaries;
144+132 (e) the drainage areas of Utah Lake or Utah Lake's tributaries;
145+133 (f) other water drainages lying between the Bear River and the Jordan River that are
146+134tributary to the Great Salt Lake and not included in the drainage areas described in Subsections
147+135(2)(a) through (e); and
148+136 (g) the drainage area of Tooele Valley.
149+137 (3) (a) "Lawn or turf" means nonagricultural land planted with mowed or managed
150+138grasses.
151+139 (b) "Lawn or turf" does not mean land planted by sod farmers.
152+140 (4) "Local entity" means the municipality or county where the real property is located.
153+141 (5) "Local entity inspector" is a person appointed by a local entity for the purpose of
154+142enforcing the provisions of this chapter.
155+143 (6) "Non-owner occupant" means a person:
156+144 (a) who is not an owner of record of the real property and who occupies the property
157+145under a lease, contract, or other agreement with the owner;
158+146 (b) who manages the property; or
159+147 (c) who is responsible for the property, including a manager or agent of the owner.
160+148 (7) "Public benefit property" means real property that is dedicated primarily to public
161+149use, regardless of ownership, and is limited to: 2nd Sub. (Gray) H.B. 538 02-28-23 12:38 PM
162+- 6 -
163+150 (a) a school;
164+151 (b) an amphitheater;
165+152 (c) a park or play field;
166+153 (d) a cemetery;
167+154 (e) a golf course; or
168+155 (f) a stadium or other venue that uses lawn or turf for professional, semi-professional,
169+156or collegiate sports.
170+157 (8) "Restricted period" means:
171+158 (a) within the Great Salt Lake basin, the period of time before April 25 and after
172+159October 1;
173+160 (b) within a particular county, a day on which the Division of Water Resources posts a
174+161notice on a website administered by the division indicating that no irrigation of lawn or turf
175+162should be conducted on that day; or
176+163 (c) a day that irrigation of lawn or turf is prohibited by an ordinance, resolution,
177+164regulation, or rule of the municipality, county, retail public water supplier, or secondary water
178+165supplier where the real property is located.
179+166 (9) "Secondary water" means water that:
180+167 (a) is delivered to and used by an end user for the irrigation of landscaping or a garden;
181+168and
182+169 (b) is not culinary water or water used on land assessed under Title 59, Chapter 2, Part
183+1705, Farmland Assessment Act.
184+171 Section 4. Section 78B-6-2402 is enacted to read:
185+172 78B-6-2402. Citation - Civil penalty.
186+173 (1) Except as provided in Subsection (4), an owner or non-owner occupant of real
187+174property may not knowingly conduct, aid, or allow the use of culinary water or pressurized
188+175secondary water for the irrigation of lawn or turf during a restricted period.
189+176 (2) An authorized officer may issue a written citation to an owner or non-owner
190+177occupant who violates Subsection (1).
191+178 (3) An individual who receives a citation under this section is subject to a civil penalty
192+179of:
193+180 (a) a fine of $45 for the first citation; or 02-28-23 12:35 PM 2nd Sub. (Gray) H.B. 538
194+- 7 -
195+181 (b) double the fine imposed for an immediately preceding citation in the same calendar
196+182year.
197+183 (4) This section does not apply to:
198+184 (a) public benefit property; or
199+185 (b) the use of water for:
200+186 (i) new landscaping for one year after the landscaping is installed; or
201+187 (ii) the watering of a food-bearing plant.
202+188 (5) An owner or non-owner occupant of real property is subject to the provisions of
203+189this part regardless of whether the individual is directly responsible for the operation of the
204+190irrigation system serving the lawn or turf.
205+191 (6) (a) Except as provided in Subsection (7), an authorized officer shall serve written
206+192notice, as a warning, in accordance with Subsection (6)(b) at least five days before the day on
207+193which the authorized officer issues a citation under this part, to:
208+194 (i) a property owner of record according to the records of the county recorder; or
209+195 (ii) a non-owner occupant of the property if the property owner is not an occupant of
210+196the property.
211+197 (b) The written notice described in Subsection (6)(a) shall be served:
212+198 (i) on the owner of record by posting on the property, or by mailing the notice to the
213+199last-known address of the owner, according to the county recorder's records; or
214+200 (ii) subject to Subsection (6)(a)(ii), on a non-owner occupant of the property, by
215+201posting on the property or by mail to the property address.
216+202 (c) In the written notice described in Subsection (6)(a), the authorized officer shall:
217+203 (i) identify the property owner of record according to the county recorder's records;
218+204 (ii) identify the relevant ordinance, resolution, regulation, rule, or notice establishing
219+205the restricted period;
220+206 (iii) describe the violation of the relevant ordinance, resolution, regulation, rule, or
221+207notice; and
222+208 (iv) describe the fine that may be imposed.
223+209 (d) If an owner or non-owner occupant that is served a notice described in Subsection
224+210(6)(b) ceases violation of the provision described in the notice within five days after the day on
225+211which the notice is served, the authorized officer may not issue a citation, unless, after the 2nd Sub. (Gray) H.B. 538 02-28-23 12:38 PM
226+- 8 -
227+212five-day period described in this Subsection (6)(d), the owner or non-owner occupant violates a
228+213provision described in Subsection (6)(c)(iii).
229+214 (7) An authorized officer is not required to make more than one written notice under
230+215Subsection (6) for each calendar year.
231+216 Section 5. Section 78B-6-2403 is enacted to read:
232+217 78B-6-2403. Collection of civil penalty.
233+218 (1) A local entity shall mail a notice of the civil penalty amount, for a citation issued
234+219under Section 78B-6-2402, by first-class or certified mail within 14 days after the day on which
235+220a citation is issued under Section 78B-6-2402.
236+221 (2) (a) An individual liable under Section 78B-6-2402 shall remit payment of a civil
237+222penalty to the local entity that provides the notice required by Subsection (1) within 90 days
238+223after the day on which the notice is sent.
239+224 (b) Notwithstanding Subsection (2)(a), a local entity may:
240+225 (i) reduce the amount of a civil penalty; or
241+226 (ii) negotiate a payment schedule for a civil penalty.
242+227 (3) (a) A civil penalty imposed under this section may be appealed as provided in
243+228Section 78B-6-2405.
244+229 (b) Notwithstanding Subsection (2), the payment of a civil payment is stayed pending
245+230an appeal made under Section 78B-6-2405.
246+231 (4) The amount of a civil penalty owed under this part is considered a debt owed to the
247+232local entity by the person cited under this part.
248+233 (5) Upon receiving the notice required by Subsection (1), a person owing a civil
249+234penalty under this section is liable in a civil action brought in the name of the local entity for
250+235recovery of:
251+236 (a) the civil penalty; and
252+237 (b) reasonable attorney fees.
253+238 Section 6. Section 78B-6-2404 is enacted to read:
254+239 78B-6-2404. Reservation of legal options - Ordinances.
255+240 (1) The provisions of this part are provided for in addition to any other civil or criminal
256+241statute.
257+242 (2) A local entity may adopt by ordinance stricter provisions controlling the use of 02-28-23 12:35 PM 2nd Sub. (Gray) H.B. 538
258+- 9 -
259+243water on lawn or turf, including a different or higher fine schedule, than those provided in this
260+244part.
261+245 Section 7. Section 78B-6-2405 is enacted to read:
262+246 78B-6-2405. Appeals.
263+247 A person that receives a civil penalty under this part may appeal the penalty under the
264+248procedures used by the local entity for appealing a violation of an ordinance.