Utah 2025 Regular Session

Utah House Bill HB0311 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	Enrolled Copy H.B. 311
	1	+	03-07 14:56 3rd Sub. (Cherry) H.B. 311
	2	+	Scott D. Sandall proposes the following substitute bill:
2	3		1
3	4		Watershed Amendments
4	5		2025 GENERAL SESSION
5	6		STATE OF UTAH
6	7		Chief Sponsor: Casey Snider
7	8		Senate Sponsor: Scott D. Sandall
8	9		2
9	10
10	11		3
11	12		LONG TITLE
12	13		4
13	14		General Description:
14	15		5
15	16		This bill addresses provisions related to water resources and water management in Utah
16	17		6
17	18		watersheds.
18	19		7
19	20		Highlighted Provisions:
20	21		8
21	22		This bill:
22	23		9
23	24		▸ defines terms;
24	25		10
25	26		▸ clarifies when a water commissioner is:
26	27		11
27	28		● treated as a regular full-time employee;
28	29		12
29	30		● eligible for health and retirement benefits; and
30	31		13
31	32		● exempt from the Utah State Personnel Management Act;
32	33		14
33	34		▸ allows the Utah water agent to include facilities and land in the state water agent's
34	35		15
35	36		negotiations for water augmentation projects;
36	37		16
37	38		▸ allows the Board of Water Resources to enter into contracts for water augmentation
38	39		17
39	40		projects negotiated by the Utah water agent;
40	41		18
41	42		▸ modifies the membership requirements for the Legislative Water Development
42	43		19
43	44		Commission; and
44	45		20
45	46		▸ makes technical and conforming changes.
46	47		21
47	48		Money Appropriated in this Bill:
48	49		22
49	50		None
50	51		23
51	52		Other Special Clauses:
52	53		24
53	54		None
54	55		25
55	56		Utah Code Sections Affected:
56	57		26
57	58		AMENDS:
58	59		27
59		-	63I-1-273, as last amended by Laws of Utah 2024, Third Special Session, Chapter 5 ~~H.B. 311 Enrolled Copy~~
	60	+	63I-1-273, as last amended by Laws of Utah 2024, Third Special Session, Chapter 5
60	61		28
61	62		73-5-1, as last amended by Laws of Utah 2021, Chapter 345
	63	+	3rd Sub. H.B. 311 3rd Sub. (Cherry) H.B. 311 03-07 14:56
62	64		29
63	65		73-10-4, as last amended by Laws of Utah 2024, Chapter 522
64	66		30
65	67		73-10g-701, as enacted by Laws of Utah 2024, Chapter 522
66	68		31
67	69		73-10g-703, as enacted by Laws of Utah 2024, Chapter 522
68	70		32
69	71		73-27-102, as last amended by Laws of Utah 2021, Chapter 229
70	72		33
71	73
72	74		34
73	75		Be it enacted by the Legislature of the state of Utah:
74	76		35
75	77		Section 1. Section 63I-1-273 is amended to read:
76	78		36
77	79		63I-1-273 . Repeal dates: Title 73.
78	80		37
79	81		(1) Subsection 73-1-4(2)(e)(xi), regarding a water right subject to an approved change
80	82		38
81	83		application for use within a water bank that has been authorized but not dissolved, is
82	84		39
83	85		repealed December 31, 2030.
84	86		40
85	87		(2) Subsection [73-10-4(1)(h)] 73-10-4(1)(i), regarding management of an application to
86	88		41
87	89		create a water bank, is repealed December 31, 2030.
88	90		42
89	91		(3) Section 73-10-39, Study and recommendations related to the financing of water
90	92		43
91	93		infrastructure, is repealed July 1, 2027.
92	94		44
93	95		(4) Title 73, Chapter 10g, Part 2, Agricultural Water Optimization, is repealed July 1, 2028.
94	96		45
95	97		(5) Title 73, Chapter 10g, Part 7, Utah Water Agent, is repealed July 1, 2034.
96	98		46
97	99		(6) Section 73-18-3.5, Advisory council, is repealed July 1, 2029.
98	100		47
99	101		(7) Title 73, Chapter 27, Legislative Water Development Commission, is repealed January
100	102		48
101	103		1, 2031.
102	104		49
103	105		(8) Title 73, Chapter 31, Water Banking Act, is repealed December 31, 2030.
104	106		50
105	107		(9) Section 73-32-302, Advisory council created -- Staffing -- Per diem and travel expenses
106	108		51
107	109		-- Annual conflict of interest disclosure statement -- Exception -- Penalties, is repealed
108	110		52
109	111		July 1, 2027.
110	112		53
111	113		(10) Section 73-32-303, Duties of the council, is repealed July 1, 2027.
112	114		54
113	115		Section 2. Section 73-5-1 is amended to read:
114	116		55
115	117		73-5-1 . Appointment of water commissioners -- Procedure.
116	118		56
117	119		(1)(a) If, in the judgment of the state engineer or the district court, it is necessary to
118	120		57
119	121		appoint a water commissioner for the distribution of water from any river system or
120	122		58
121	123		water source, the commissioner shall be appointed for a four-year term by the state
122	124		59
123	125		engineer.
124	126		60
125	127		(b) The state engineer shall determine whether all or a part of a river system or other
126	128		61
127	129		water source shall be served by a commissioner, and if only a part is to be served, the
128		-	- 2 - Enrolled Copy H.B. 311
129	130		62
130	131		state engineer shall determine the boundaries of that part.
	132	+	- 2 - 03-07 14:56 3rd Sub. (Cherry) H.B. 311
131	133		63
132	134		(c) The state engineer may appoint:
133	135		64
134	136		(i) more than one commissioner to distribute water from all or a part of a water
135	137		65
136	138		source; or
137	139		66
138	140		(ii) a single commissioner to distribute water from several separate and distinct water
139	141		67
140	142		sources.
141	143		68
142	144		(d) A water commissioner appointed by the state engineer under this section is:
143	145		69
144	146		(i) an employee of the Division of Water Rights;
145	147		70
146	148		(ii) an appointed officer under Subsection 49-13-102(5)(b)(iii), if the water
147	149		71
148	150		commissioner meets the requirements for a regular full-time employee under
149	151		72
150	152		Subsection 49-13-102(5)(a);
151	153		73
152	154		(iii) eligible for health and retirement benefits as determined by the water
153	155		74
154	156		commissioner's distribution system committee, if the water commissioner is a
155	157		75
156	158		regular full-time employee as that term is defined in Section 49-13-102; and
157	159		76
158	160		(iv) exempt from Title 63A, Chapter 17, Utah State Personnel Management Act.
159	161		77
160	162		[(ii) career service exempt under Subsection 63A-17-301(1)(k); and]
161	163		78
162	164		[(iii) exempt under Subsection 63A-17-307(2)(f) from the classified service
163	165		79
164	166		provisions of Section 63A-17-307.]
165	167		80
166	168		(2)(a) The state engineer shall consult with the water users before appointing a
167	169		81
168	170		commissioner. The form of consultation and notice to be given shall be determined
169	171		82
170	172		by the state engineer so as to best suit local conditions, while providing for full
171	173		83
172	174		expression of majority opinion.
173	175		84
174	176		(b) The state engineer shall act in accordance with the recommendation of a majority of
175	177		85
176	178		the water users, if the majority of the water users:
177	179		86
178	180		(i) agree upon:
179	181		87
180	182		(A) a qualified individual to be appointed as a water commissioner;
181	183		88
182	184		(B) the duties the individual shall perform; and
183	185		89
184	186		(C) subject to the requirements of Title 49, Utah State Retirement and Insurance
185	187		90
186	188		Benefit Act, the compensation the individual shall receive; and
187	189		91
188	190		(ii) submit a recommendation to the state engineer on the items described in
189	191		92
190	192		Subsection (2)(b)(i).
191	193		93
192	194		(c) If a majority of water users do not agree on the appointment, duties, or
193	195		94
194	196		compensation, the state engineer shall make a determination for them.
195	197		95
196	198		(3)(a)(i) The salary and expenses of the commissioner and all other expenses of
197		-	- 3 - H.B. 311 Enrolled Copy
198	199		96
199	200		distribution, including printing, postage, equipment, water users' expenses, and
	201	+	- 3 - 3rd Sub. (Cherry) H.B. 311 03-07 14:56
200	202		97
201	203		any other expenses considered necessary by the state engineer, shall be borne pro
202	204		98
203	205		rata by the users of water from the river system or water source in accordance
204	206		99
205	207		with a schedule to be fixed by the state engineer.
206	208		100
207	209		(ii) The schedule shall be based on the established rights of each water user, and the
208	210		101
209	211		pro rata share shall be paid by each water user to the state engineer on or before
210	212		102
211	213		May 1 of each year.
212	214		103
213	215		(b) The payments shall be deposited in the Water Commissioner Fund created in Section
214	216		104
215	217		73-5-1.5.
216	218		105
217	219		(c) If a water user fails to pay the assessment as provided by Subsection (3)(a), the state
218	220		106
219	221		engineer may do any or all of the following:
220	222		107
221	223		(i) create a lien upon the water right affected by filing a notice of lien in the office of
222	224		108
223	225		the county recorder in the county where the water is diverted and bring an action
224	226		109
225	227		to enforce the lien;
226	228		110
227	229		(ii) forbid the use of water by the delinquent water user or the delinquent water user's
228	230		111
229	231		successors or assignees, while the default continues; or
230	232		112
231	233		(iii) bring an action in the district court for the unpaid expense and salary.
232	234		113
233	235		(d) In any action brought to collect any unpaid assessment or to enforce any lien under
234	236		114
235	237		this section, the delinquent water user shall be liable for the amount of the
236	238		115
237	239		assessment, interest, any penalty, and for all costs of collection, including all court
238	240		116
239	241		costs and a reasonable attorney fee.
240	242		117
241	243		(4)(a) A commissioner may be removed by the state engineer for cause.
242	244		118
243	245		(b) The users of water from any river system or water source may petition the district
244	246		119
245	247		court for the removal of a commissioner and after notice and hearing, the court may
246	248		120
247	249		order the removal of the commissioner and direct the state engineer to appoint a
248	250		121
249	251		successor.
250	252		122
251	253		Section 3. Section 73-10-4 is amended to read:
252	254		123
253	255		73-10-4 . Powers and duties of board.
254	256		124
255	257		(1) The board shall have the following powers and duties to:
256	258		125
257	259		(a) authorize studies, investigations, and plans for the full development, use, and
258	260		126
259	261		promotion of the water and power resources of the state, including preliminary
260	262		127
261	263		surveys, stream gauging, examinations, tests, and other estimates either separately or
262	264		128
263	265		in consultation with federal, state and other agencies;
264	266		129
265	267		(b) enter into contracts subject to the provisions of this chapter for the construction [of
266		-	- 4 - Enrolled Copy H.B. 311
267	268		130
268	269		conservation projects] or purchase of a project that in the opinion of the board will
	270	+	- 4 - 03-07 14:56 3rd Sub. (Cherry) H.B. 311
269	271		131
270	272		conserve and use for the best advantage of the people of this state the water and
271	273		132
272	274		power resources of the state, including projects beyond the boundaries of the state of
273	275		133
274	276		Utah located on interstate waters when the benefit of such projects accrues to the
275	277		134
276	278		citizens of the state;
277	279		135
278	280		(c) sue and be sued in accordance with applicable law;
279	281		136
280	282		(d) enter into a contract that the Utah water agent, appointed under Section 73-10g-702,
281	283		137
282	284		recommends for a water augmentation project under Section 73-10g-703;
283	285		138
284	286		[(d)] (e) cooperate with the Utah water agent, appointed under Section 73-10g-702, in
285	287		139
286	288		matters affecting interstate compact negotiations and the administration of the
287	289		140
288	290		compacts affecting the waters of interstate rivers, lakes and other sources of supply,
289	291		141
290	292		with the exception of:
291	293		142
292	294		(i) the waters of the Colorado River system that are governed by Title 63M, Chapter
293	295		143
294	296		14, Colorado River Authority of Utah Act; or
295	297		144
296	298		(ii) state representation under:
297	299		145
298	300		(A) the Bear River Compact as provided in Section 73-16-4; or
299	301		146
300	302		(B) the Columbia Interstate Compact as provided in Section 73-19-9;
301	303		147
302	304		[(e)] (f) contract with federal and other agencies and with the National Water Resources
303	305		148
304	306		Association and to make studies, investigations and recommendations and do all
305	307		149
306	308		other things on behalf of the state for any purpose that relates to the development,
307	309		150
308	310		conservation, protection and control of the water and power resources of the state;
309	311		151
310	312		[(f)] (g) consult and advise with the Utah Water Users' Association and other organized
311	313		152
312	314		water users' associations in the state;
313	315		153
314	316		[(g)] (h) consider and make recommendations on behalf of the state of reclamation
315	317		154
316	318		projects or other water development projects for construction by any agency of the
317	319		155
318	320		state or United States and in so doing recommend the order in which projects shall be
319	321		156
320	322		undertaken; or
321	323		157
322	324		[(h)] (i) review, approve, and revoke an application to create a water bank under Chapter
323	325		158
324	326		31, Water Banking Act, collect an annual report, maintain the water banking website,
325	327		159
326	328		and conduct any other function related to a water bank as described in Chapter 31,
327	329		160
328	330		Water Banking Act.
329	331		161
330	332		(2) Nothing contained in this section shall be construed to impair or otherwise interfere
331	333		162
332	334		with the authority of the state engineer granted by this title, except as specifically
333	335		163
334	336		otherwise provided in this section.
335		-	- 5 - H.B. 311 Enrolled Copy
336	337		164
337	338		Section 4. Section 73-10g-701 is amended to read:
	339	+	- 5 - 3rd Sub. (Cherry) H.B. 311 03-07 14:56
338	340		165
339	341		73-10g-701 . Definitions.
340	342		166
341	343		As used in this part:
342	344		167
343	345		(1) "Council" means the Water District Water Development Council created pursuant to
344	346		168
345	347		Section 11-13-228.
346	348		169
347	349		(2) "Division" means the Division of Water Resources.
348	350		170
349	351		(3) "State or local entity" means:
350	352		171
351	353		(a) a department, division, commission, agency, or other instrumentality of state
352	354		172
353	355		government; or
354	356		173
355	357		(b) a political subdivision or the political subdivision's instrumentalities.
356	358		174
357	359		(4) "Water agent" means the Utah water agent appointed by the governor under Section
358	360		175
359	361		73-10g-702.
360	362		176
361	363		(5) "Water augmentation project" means a project on interstate waters that increases or
362	364		177
363	365		impacts the amount of water available in this state.
364	366		178
365	367		Section 5. Section 73-10g-703 is amended to read:
366	368		179
367	369		73-10g-703 . Powers and duties of water agent.
368	370		180
369	371		(1)(a) [Subject to Subsection (1)(b) and in ] In consultation with the speaker of the House
370	372		181
371	373		of Representatives, president of the Senate, and governor, the water agent shall
372	374		182
373	375		explore and negotiate with officials of other states, tribes, and other government
374	376		183
375	377		entities regarding possible water [importation] augmentation projects, including:
376	378		184
377	379		(i) for the citizens of Utah, representing the state concerning waters of out-of-state
378	380		185
379	381		rivers, lakes, and other sources of supply of waters except when representation is
380	382		186
381	383		otherwise provided in statute;
382	384		187
383	385		(ii) identifying potential out-of-state water resources, including land or a facility
384	386		188
385	387		necessary for the use of the water resources;
386	388		189
387	389		(iii) working with the council and division to match the water resources described in
388	390		190
389	391		Subsection (1)(a)(ii) to needs identified by the council or division;
390	392		191
391	393		(iv) establishing a strategy to designate what out-of-state water resources to pursue
392	394		192
393	395		and how to execute that strategy;
394	396		193
395	397		(v) negotiating directly with out-of-state partners to execute the strategy described in
396	398		194
397	399		Subsection (1)(a)(iv);
398	400		195
399	401		(vi) represent the state in interstate conferences between the state and one or more
400	402		196
401	403		sister states held for the purpose of entering into compacts between such states for
402	404		197
403	405		the division of the waters of interstate rivers, lakes, or other sources of water
404		-	- 6 - Enrolled Copy H.B. 311
405	406		198
406	407		supply, and to represent the state upon commissions or other governing bodies
	408	+	- 6 - 03-07 14:56 3rd Sub. (Cherry) H.B. 311
407	409		199
408	410		provided for by any compacts that have been or may be entered into between the
409	411		200
410	412		state and one or more sister states, except that a compact is not binding on the
411	413		201
412	414		state until the compact is ratified and approved by the Legislature and the
413	415		202
414	416		legislatures of other states that are parties to the compact;
415	417		203
416	418		(vii) recommending to the Legislature and to the council actions that may assist in the
417	419		204
418	420		development of, strategies for, and execution of water [importation] augmentation
419	421		205
420	422		projects; and
421	423		206
422	424		(viii) annually reporting findings and recommendations to:
423	425		207
424	426		(A) the governor;
425	427		208
426	428		(B) the president of the Senate;
427	429		209
428	430		(C) the speaker of the House of Representatives;
429	431		210
430	432		(D) the Legislative Water Development Commission created in Section 73-27-102;
431	433		211
432	434		(E) the Natural Resources, Agriculture, and Environment Interim Committee; and
433	435		212
434	436		(F) the Board of Water Resources created in Section 73-10-1.5.
435	437		213
436	438		[(b) The water agent may not act under this section in relation to interests governed by
437	439		214
438	440		interstate compacts in which Utah is a party, such as the 1922 and 1948 Colorado
439	441		215
440	442		River Compacts and the 1980 Amended Bear River Compact.]
441	443		216
442	444		(b) The water agent may recommend to the Board of Water Resources, created in
443	445		217
444	446		Section 73-10-1.5, a water augmentation project that the water agent negotiates under
445	447		218
446	448		this section, if the water augmentation project is in the best interest of the people of
447	449		219
448	450		this state and the state's water resources.
449	451		220
450	452		(2) The water agent shall consult and work with the council, state entities, the Colorado
451	453		221
452	454		River Authority of Utah, and other bodies established by the state for interstate water
453	455		222
454	456		negotiations.
455	457		223
456	458		(3) Subject to Title 63G, Chapter 2, Government Records Access and Management Act,
457	459		224
458	460		upon request of the water agent, a state or local entity shall provide to the water agent a
459	461		225
460	462		document, report, or information available within the state or local entity.
461	463		226
462	464		(4) The water agent may negotiate with tribes in accordance with this section[, except to the
463	465		227
464	466		extent that the water at issue comes from the Colorado River].
465	467		228
466	468		(5) This chapter may not be interpreted to override, substitute, or modify a water right
467	469		229
468	470		within the state or the role and authority of the state engineer.
469	471		230
470	472		Section 6. Section 73-27-102 is amended to read:
471	473		231
472	474		73-27-102 . Legislative Water Development Commission created.
473		-	- 7 - H.B. 311 Enrolled Copy
474	475		232
475	476		(1)(a) The Legislative Water Development Commission is created to determine the
	477	+	- 7 - 3rd Sub. (Cherry) H.B. 311 03-07 14:56
476	478		233
477	479		state's role in the protection, conservation, and development of the state's water
478	480		234
479	481		resources.
480	482		235
481	483		(b) For purposes of this chapter, "commission" means the Legislative Water
482	484		236
483	485		Development Commission.
484	486		237
485	487		(2)(a) The commission membership shall include:
486	488		238
487	489		(i) [five ] a minimum of two members of the Senate, appointed by the president of the
488	490		239
489	491		Senate[, no more than four of whom may be from the same political party] , with at
490	492		240
491	493		least one member from the minority political party;
492	494		241
493	495		(ii) [eight ] a minimum of two members of the House of Representatives, appointed
494	496		242
495	497		by the speaker of the House of Representatives[, no more than six of whom may
496	498		243
497	499		be from the same political party] , with at least one member from the minority
498	500		244
499	501		political party; and
500	502		245
501	503		(iii) subject to Subsections (2)(b) and (c), [ ]nonvoting members, appointed by the
502	504		246
503	505		Legislative Management Committee, from a list recommended by the cochairs of
504	506		247
505	507		the commission described in Subsection (5).
506	508		248
507	509		(b) If the Legislative Management Committee chooses to not appoint an individual on
508	510		249
509	511		the list described in Subsection (2)(a)(iii), the Legislative Management Committee
510	512		250
511	513		may ask the cochairs of the commission to submit an additional list of
512	514		251
513	515		recommendations.
514	516		252
515	517		(c) The Legislative Management Committee may not appoint an individual who is not
516	518		253
517	519		recommended by the cochairs of the commission.
518	520		254
519	521		(3)(a) The members appointed by the Legislative Management Committee under
520	522		255
521	523		Subsection (2)(a)(iii) shall be appointed or reappointed to a two-year term.
522	524		256
523	525		(b) When a vacancy occurs in the membership for any reason, the Legislative
524	526		257
525	527		Management Committee, in consultation with the cochairs of the commission, shall
526	528		258
527	529		appoint a replacement for the unexpired term.
528	530		259
529	531		(4) The president of the Senate and the speaker of the House of Representatives shall, to the
530	532		260
531	533		extent possible, appoint members under Subsections (2)(a)(i) and (ii) that represent both
532	534		261
533	535		rural and urban areas of the state.
534	536		262
535	537		(5)(a) The president of the Senate shall designate a member of the Senate appointed
536	538		263
537	539		under Subsection (2)(a)(i) as a cochair of the commission.
538	540		264
539	541		(b) The speaker of the House of Representatives shall designate a member of the House
540	542		265
541	543		of Representatives appointed under Subsection (2)(a)(ii) as a cochair of the
542		-	- 8 - Enrolled Copy H.B. 311
543	544		266
544	545		commission.
	546	+	- 8 - 03-07 14:56 3rd Sub. (Cherry) H.B. 311
545	547		267
546	548		(6) What constitutes a quorum of the commission is determined in accordance with
547	549		268
548	550		Legislative Joint Rules, Title 7, Chapter 1, Part 2, Creation and Organization of
549	551		269
550	552		Legislative Committees, except nonvoting members of the commission described in
551	553		270
552	554		Subsection (2)(a)(iii) may not be considered for purposes of determining a quorum.
553	555		271
554	556		(7)(a) Compensation and expenses of a member of the commission who is a legislator
555	557		272
556	558		are governed by Section 36-2-2 and Legislative Joint Rules, Title 5, Legislative
557	559		273
558	560		Compensation and Expenses.
559	561		274
560	562		(b) Commission members who are employees of the state shall receive no additional
561	563		275
562	564		compensation.
563	565		276
564	566		(c) Other commission members shall receive no compensation or expenses for their
565	567		277
566	568		service on the commission.
567	569		278
568	570		(8) The Office of Legislative Research and General Counsel shall provide staff support to
569	571		279
570	572		the commission.
571	573		280
572	574		Section 7. Effective Date.
573	575		281
574	576		This bill takes effect on May 7, 2025.
575	577		- 9 -