Utah 2023 Regular Session

Utah House Bill HB0562 Latest Draft

Bill / Introduced Version Filed 02/24/2023

                            H.B. 562
LEGISLATIVE GENERAL COUNSEL
6 Approved for Filing: P. Owen  6
6   02-24-23 2:02 PM    6
H.B. 562
1	WATER RIGHTS INVENTORY REQUI REMENTS
2	2023 GENERAL SESSION
3	STATE OF UTAH
4	Chief Sponsor:  Phil Lyman
5	Senate Sponsor: ____________
6 
7LONG TITLE
8General Description:
9 This bill addresses an entity submitting an inventory of water rights related information.
10Highlighted Provisions:
11 This bill:
12 <defines terms;
13 <requires the submission of a comprehensive inventory;
14 <makes the comprehensive inventory a public record;
15 <provides that the comprehensive inventory is not an official verification or approval
16of the information in the comprehensive inventory;
17 <authorizes rulemaking regarding the comprehensive inventory; and
18 <directs the Division of Water Rights to publish a comprehensive inventory on a
19public website. 
20Money Appropriated in this Bill:
21 None
22Other Special Clauses:
23 None
24Utah Code Sections Affected:
25ENACTS:
26 73-5-8.5, Utah Code Annotated 1953
27 
*HB0562* H.B. 562	02-24-23 2:02 PM
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28Be it enacted by the Legislature of the state of Utah:
29 Section 1.  Section 73-5-8.5 is enacted to read:
30 73-5-8.5. Water rights inventory.
31 (1)  As used in this section:
32 (a)  "Comprehensive inventory" means the information required to be submitted under
33Subsection (2).
34 (b)  "Division" means the Division of Water Rights.
35 (2)  A public water provider required to file an annual water use report with the
36Division of Water Rights under Section 73-5-8 shall include with the annual water use data
37report a comprehensive inventory that includes, at a minimum, a list of:
38 (a)  water rights that the public water provider claims to own and the amount in
39acre-feet of water that the water rights represent, including:
40 (i)  a certificated water right;
41 (ii)  an approved water right; or
42 (iii)  a water right to supply water for municipal, industrial, commercial, livestock,
43irrigation, or other uses;
44 (b)  water contracts that the person claims to have executed that are in effect at the time
45of filing and the amount in acre-feet of water that the water contracts represent;
46 (c)  water shares that the person claims to own and the amount in acre-feet of water that
47the shares represent;
48 (d)  water rights described in Subsection (2)(a) for which a nonuse application has been
49filed under Section 73-1-4 and the amount in acre-feet of water that the water rights represent;
50 (e)  a list of the unapproved applications to appropriate water filed by the person and
51the amount in acre-feet of water that the unapproved applications represent; and
52 (f)  a break down of inventory by surface water and underground water.
53 (3)  The person filing the information required under Subsection (2) shall report the
54information in the maximum amount of acre-feet for each item listed in Subsection (2).
55 (4)  The comprehensive inventory provided to the division under this section is a public
56record.
57 (5)  Submission of the comprehensive inventory in acre-feet with the division does not
58constitute official verification or approval of a claim made in the comprehensive inventory. 02-24-23 2:02 PM	H.B. 562
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59 (6)  The state engineer may by rule, made in accordance with Title 63G, Chapter 3,
60Utah Administrative Rulemaking Act, require additional information related to the
61comprehensive inventory including reporting:
62 (a)  amounts in acre-feet;
63 (b)  depletion or usage;
64 (c)  comparisons of the comprehensive inventory over time;
65 (d)  waste;
66 (e)  unaccounted water or leakage by meter; or
67 (f)  evaporation.
68 (7)  The division shall publish the comprehensive inventory on a public website.