Enrolled Copy H.B. 311
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Watershed Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Casey Snider
Senate Sponsor: Scott D. Sandall
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LONG TITLE
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General Description:
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This bill addresses provisions related to water resources and water management in Utah
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watersheds.
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Highlighted Provisions:
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This bill:
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▸ defines terms;
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▸ clarifies when a water commissioner is:
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● treated as a regular full-time employee;
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● eligible for health and retirement benefits; and
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● exempt from the Utah State Personnel Management Act;
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▸ allows the Utah water agent to include facilities and land in the state water agent's
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negotiations for water augmentation projects;
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▸ allows the Board of Water Resources to enter into contracts for water augmentation
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projects negotiated by the Utah water agent;
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▸ modifies the membership requirements for the Legislative Water Development
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Commission; and
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▸ makes technical and conforming changes.
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Money Appropriated in this Bill:
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None
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Other Special Clauses:
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None
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Utah Code Sections Affected:
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AMENDS:
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63I-1-273, as last amended by Laws of Utah 2024, Third Special Session, Chapter 5 H.B. 311 Enrolled Copy
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73-5-1, as last amended by Laws of Utah 2021, Chapter 345
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73-10-4, as last amended by Laws of Utah 2024, Chapter 522
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73-10g-701, as enacted by Laws of Utah 2024, Chapter 522
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73-10g-703, as enacted by Laws of Utah 2024, Chapter 522
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73-27-102, as last amended by Laws of Utah 2021, Chapter 229
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Be it enacted by the Legislature of the state of Utah:
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Section 1. Section 63I-1-273 is amended to read:
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63I-1-273 . Repeal dates: Title 73.
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(1) Subsection 73-1-4(2)(e)(xi), regarding a water right subject to an approved change
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application for use within a water bank that has been authorized but not dissolved, is
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repealed December 31, 2030.
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(2) Subsection [73-10-4(1)(h)] 73-10-4(1)(i), regarding management of an application to
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create a water bank, is repealed December 31, 2030.
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(3) Section 73-10-39, Study and recommendations related to the financing of water
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infrastructure, is repealed July 1, 2027.
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(4) Title 73, Chapter 10g, Part 2, Agricultural Water Optimization, is repealed July 1, 2028.
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(5) Title 73, Chapter 10g, Part 7, Utah Water Agent, is repealed July 1, 2034.
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(6) Section 73-18-3.5, Advisory council, is repealed July 1, 2029.
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(7) Title 73, Chapter 27, Legislative Water Development Commission, is repealed January
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1, 2031.
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(8) Title 73, Chapter 31, Water Banking Act, is repealed December 31, 2030.
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(9) Section 73-32-302, Advisory council created -- Staffing -- Per diem and travel expenses
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-- Annual conflict of interest disclosure statement -- Exception -- Penalties, is repealed
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July 1, 2027.
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(10) Section 73-32-303, Duties of the council, is repealed July 1, 2027.
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Section 2. Section 73-5-1 is amended to read:
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73-5-1 . Appointment of water commissioners -- Procedure.
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(1)(a) If, in the judgment of the state engineer or the district court, it is necessary to
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appoint a water commissioner for the distribution of water from any river system or
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water source, the commissioner shall be appointed for a four-year term by the state
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engineer.
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(b) The state engineer shall determine whether all or a part of a river system or other
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water source shall be served by a commissioner, and if only a part is to be served, the
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state engineer shall determine the boundaries of that part.
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(c) The state engineer may appoint:
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(i) more than one commissioner to distribute water from all or a part of a water
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source; or
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(ii) a single commissioner to distribute water from several separate and distinct water
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sources.
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(d) A water commissioner appointed by the state engineer under this section is:
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(i) an employee of the Division of Water Rights;
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(ii) an appointed officer under Subsection 49-13-102(5)(b)(iii), if the water
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commissioner meets the requirements for a regular full-time employee under
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Subsection 49-13-102(5)(a);
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(iii) eligible for health and retirement benefits as determined by the water
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commissioner's distribution system committee, if the water commissioner is a
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regular full-time employee as that term is defined in Section 49-13-102; and
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(iv) exempt from Title 63A, Chapter 17, Utah State Personnel Management Act.
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[(ii) career service exempt under Subsection 63A-17-301(1)(k); and]
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[(iii) exempt under Subsection 63A-17-307(2)(f) from the classified service
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provisions of Section 63A-17-307.]
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(2)(a) The state engineer shall consult with the water users before appointing a
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commissioner. The form of consultation and notice to be given shall be determined
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by the state engineer so as to best suit local conditions, while providing for full
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expression of majority opinion.
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(b) The state engineer shall act in accordance with the recommendation of a majority of
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the water users, if the majority of the water users:
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(i) agree upon:
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(A) a qualified individual to be appointed as a water commissioner;
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(B) the duties the individual shall perform; and
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(C) subject to the requirements of Title 49, Utah State Retirement and Insurance
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Benefit Act, the compensation the individual shall receive; and
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(ii) submit a recommendation to the state engineer on the items described in
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Subsection (2)(b)(i).
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(c) If a majority of water users do not agree on the appointment, duties, or
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compensation, the state engineer shall make a determination for them.
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(3)(a)(i) The salary and expenses of the commissioner and all other expenses of
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distribution, including printing, postage, equipment, water users' expenses, and
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any other expenses considered necessary by the state engineer, shall be borne pro
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rata by the users of water from the river system or water source in accordance
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with a schedule to be fixed by the state engineer.
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(ii) The schedule shall be based on the established rights of each water user, and the
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pro rata share shall be paid by each water user to the state engineer on or before
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May 1 of each year.
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(b) The payments shall be deposited in the Water Commissioner Fund created in Section
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73-5-1.5.
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(c) If a water user fails to pay the assessment as provided by Subsection (3)(a), the state
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engineer may do any or all of the following:
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(i) create a lien upon the water right affected by filing a notice of lien in the office of
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the county recorder in the county where the water is diverted and bring an action
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to enforce the lien;
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(ii) forbid the use of water by the delinquent water user or the delinquent water user's
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successors or assignees, while the default continues; or
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(iii) bring an action in the district court for the unpaid expense and salary.
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(d) In any action brought to collect any unpaid assessment or to enforce any lien under
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this section, the delinquent water user shall be liable for the amount of the
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assessment, interest, any penalty, and for all costs of collection, including all court
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costs and a reasonable attorney fee.
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(4)(a) A commissioner may be removed by the state engineer for cause.
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(b) The users of water from any river system or water source may petition the district
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court for the removal of a commissioner and after notice and hearing, the court may
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order the removal of the commissioner and direct the state engineer to appoint a
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successor.
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Section 3. Section 73-10-4 is amended to read:
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73-10-4 . Powers and duties of board.
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(1) The board shall have the following powers and duties to:
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(a) authorize studies, investigations, and plans for the full development, use, and
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promotion of the water and power resources of the state, including preliminary
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surveys, stream gauging, examinations, tests, and other estimates either separately or
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in consultation with federal, state and other agencies;
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(b) enter into contracts subject to the provisions of this chapter for the construction [of
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conservation projects] or purchase of a project that in the opinion of the board will
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conserve and use for the best advantage of the people of this state the water and
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power resources of the state, including projects beyond the boundaries of the state of
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Utah located on interstate waters when the benefit of such projects accrues to the
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citizens of the state;
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(c) sue and be sued in accordance with applicable law;
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(d) enter into a contract that the Utah water agent, appointed under Section 73-10g-702,
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recommends for a water augmentation project under Section 73-10g-703;
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[(d)] (e) cooperate with the Utah water agent, appointed under Section 73-10g-702, in
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matters affecting interstate compact negotiations and the administration of the
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compacts affecting the waters of interstate rivers, lakes and other sources of supply,
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with the exception of:
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(i) the waters of the Colorado River system that are governed by Title 63M, Chapter
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14, Colorado River Authority of Utah Act; or
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(ii) state representation under:
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(A) the Bear River Compact as provided in Section 73-16-4; or
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(B) the Columbia Interstate Compact as provided in Section 73-19-9;
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[(e)] (f) contract with federal and other agencies and with the National Water Resources
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Association and to make studies, investigations and recommendations and do all
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other things on behalf of the state for any purpose that relates to the development,
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conservation, protection and control of the water and power resources of the state;
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[(f)] (g) consult and advise with the Utah Water Users' Association and other organized
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water users' associations in the state;
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[(g)] (h) consider and make recommendations on behalf of the state of reclamation
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projects or other water development projects for construction by any agency of the
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state or United States and in so doing recommend the order in which projects shall be
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undertaken; or
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[(h)] (i) review, approve, and revoke an application to create a water bank under Chapter
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31, Water Banking Act, collect an annual report, maintain the water banking website,
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and conduct any other function related to a water bank as described in Chapter 31,
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Water Banking Act.
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(2) Nothing contained in this section shall be construed to impair or otherwise interfere
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with the authority of the state engineer granted by this title, except as specifically
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otherwise provided in this section.
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Section 4. Section 73-10g-701 is amended to read:
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73-10g-701 . Definitions.
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As used in this part:
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(1) "Council" means the Water District Water Development Council created pursuant to
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Section 11-13-228.
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(2) "Division" means the Division of Water Resources.
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(3) "State or local entity" means:
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(a) a department, division, commission, agency, or other instrumentality of state
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government; or
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(b) a political subdivision or the political subdivision's instrumentalities.
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(4) "Water agent" means the Utah water agent appointed by the governor under Section
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73-10g-702.
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(5) "Water augmentation project" means a project on interstate waters that increases or
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impacts the amount of water available in this state.
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Section 5. Section 73-10g-703 is amended to read:
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73-10g-703 . Powers and duties of water agent.
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(1)(a) [Subject to Subsection (1)(b) and in ] In consultation with the speaker of the House
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of Representatives, president of the Senate, and governor, the water agent shall
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explore and negotiate with officials of other states, tribes, and other government
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entities regarding possible water [importation] augmentation projects, including:
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(i) for the citizens of Utah, representing the state concerning waters of out-of-state
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rivers, lakes, and other sources of supply of waters except when representation is
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otherwise provided in statute;
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(ii) identifying potential out-of-state water resources, including land or a facility
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necessary for the use of the water resources;
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(iii) working with the council and division to match the water resources described in
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Subsection (1)(a)(ii) to needs identified by the council or division;
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(iv) establishing a strategy to designate what out-of-state water resources to pursue
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and how to execute that strategy;
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(v) negotiating directly with out-of-state partners to execute the strategy described in
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Subsection (1)(a)(iv);
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(vi) represent the state in interstate conferences between the state and one or more
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sister states held for the purpose of entering into compacts between such states for
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the division of the waters of interstate rivers, lakes, or other sources of water
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supply, and to represent the state upon commissions or other governing bodies
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provided for by any compacts that have been or may be entered into between the
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state and one or more sister states, except that a compact is not binding on the
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state until the compact is ratified and approved by the Legislature and the
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legislatures of other states that are parties to the compact;
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(vii) recommending to the Legislature and to the council actions that may assist in the
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development of, strategies for, and execution of water [importation] augmentation
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projects; and
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(viii) annually reporting findings and recommendations to:
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(A) the governor;
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(B) the president of the Senate;
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(C) the speaker of the House of Representatives;
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(D) the Legislative Water Development Commission created in Section 73-27-102;
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(E) the Natural Resources, Agriculture, and Environment Interim Committee; and
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(F) the Board of Water Resources created in Section 73-10-1.5.
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[(b) The water agent may not act under this section in relation to interests governed by
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interstate compacts in which Utah is a party, such as the 1922 and 1948 Colorado
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River Compacts and the 1980 Amended Bear River Compact.]
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(b) The water agent may recommend to the Board of Water Resources, created in
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Section 73-10-1.5, a water augmentation project that the water agent negotiates under
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this section, if the water augmentation project is in the best interest of the people of
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this state and the state's water resources.
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(2) The water agent shall consult and work with the council, state entities, the Colorado
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River Authority of Utah, and other bodies established by the state for interstate water
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negotiations.
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(3) Subject to Title 63G, Chapter 2, Government Records Access and Management Act,
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upon request of the water agent, a state or local entity shall provide to the water agent a
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document, report, or information available within the state or local entity.
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(4) The water agent may negotiate with tribes in accordance with this section[, except to the
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extent that the water at issue comes from the Colorado River].
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(5) This chapter may not be interpreted to override, substitute, or modify a water right
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within the state or the role and authority of the state engineer.
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Section 6. Section 73-27-102 is amended to read:
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73-27-102 . Legislative Water Development Commission created.
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(1)(a) The Legislative Water Development Commission is created to determine the
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state's role in the protection, conservation, and development of the state's water
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resources.
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(b) For purposes of this chapter, "commission" means the Legislative Water
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Development Commission.
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(2)(a) The commission membership shall include:
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(i) [five ] a minimum of two members of the Senate, appointed by the president of the
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Senate[, no more than four of whom may be from the same political party] , with at
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least one member from the minority political party;
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(ii) [eight ] a minimum of two members of the House of Representatives, appointed
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by the speaker of the House of Representatives[, no more than six of whom may
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be from the same political party] , with at least one member from the minority
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political party; and
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(iii) subject to Subsections (2)(b) and (c), [ ]nonvoting members, appointed by the
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Legislative Management Committee, from a list recommended by the cochairs of
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the commission described in Subsection (5).
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(b) If the Legislative Management Committee chooses to not appoint an individual on
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the list described in Subsection (2)(a)(iii), the Legislative Management Committee
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may ask the cochairs of the commission to submit an additional list of
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recommendations.
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(c) The Legislative Management Committee may not appoint an individual who is not
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recommended by the cochairs of the commission.
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(3)(a) The members appointed by the Legislative Management Committee under
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Subsection (2)(a)(iii) shall be appointed or reappointed to a two-year term.
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(b) When a vacancy occurs in the membership for any reason, the Legislative
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Management Committee, in consultation with the cochairs of the commission, shall
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appoint a replacement for the unexpired term.
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(4) The president of the Senate and the speaker of the House of Representatives shall, to the
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extent possible, appoint members under Subsections (2)(a)(i) and (ii) that represent both
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rural and urban areas of the state.
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(5)(a) The president of the Senate shall designate a member of the Senate appointed
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under Subsection (2)(a)(i) as a cochair of the commission.
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(b) The speaker of the House of Representatives shall designate a member of the House
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of Representatives appointed under Subsection (2)(a)(ii) as a cochair of the
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commission.
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(6) What constitutes a quorum of the commission is determined in accordance with
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Legislative Joint Rules, Title 7, Chapter 1, Part 2, Creation and Organization of
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Legislative Committees, except nonvoting members of the commission described in
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Subsection (2)(a)(iii) may not be considered for purposes of determining a quorum.
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(7)(a) Compensation and expenses of a member of the commission who is a legislator
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are governed by Section 36-2-2 and Legislative Joint Rules, Title 5, Legislative
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Compensation and Expenses.
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(b) Commission members who are employees of the state shall receive no additional
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compensation.
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(c) Other commission members shall receive no compensation or expenses for their
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service on the commission.
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(8) The Office of Legislative Research and General Counsel shall provide staff support to
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the commission.
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Section 7. Effective Date.
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This bill takes effect on May 7, 2025.
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