Utah 2025 Regular Session

Utah House Bill HB0415 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	02-04 13:19 H.B. 415
2	2	1
3	3	Water Commissioner Modifications
4	4	2025 GENERAL SESSION
5	5	STATE OF UTAH
6	6	Chief Sponsor: Thomas W. Peterson
7	7	Senate Sponsor:
8	8	2
9	9
10	10	3
11	11	LONG TITLE
12	12	4
13	13	General Description:
14	14	5
15	15	This bill clarifies employment provisions for water commissioners.
16	16	6
17	17	Highlighted Provisions:
18	18	7
19	19	This bill:
20	20	8
21	21	▸ clarifies when a water commissioner is treated as a regular full-time employee;
22	22	9
23	23	▸ makes water commissioners eligible for health and retirement benefits under certain
24	24	10
25	25	circumstances; and
26	26	11
27	27	▸ exempts water commissioners from the Utah State Personnel Management Act.
28	28	12
29	29	Money Appropriated in this Bill:
30	30	13
31	31	None
32	32	14
33	33	Other Special Clauses:
34	34	15
35	35	None
36	36	16
37	37	Utah Code Sections Affected:
38	38	17
39	39	AMENDS:
40	40	18
41	41	73-5-1, as last amended by Laws of Utah 2021, Chapter 345
42	42	19
43	43
44	44	20
45	45	Be it enacted by the Legislature of the state of Utah:
46	46	21
47	47	Section 1. Section 73-5-1 is amended to read:
48	48	22
49	49	73-5-1 . Appointment of water commissioners -- Procedure.
50	50	23
51	51	(1)(a) If, in the judgment of the state engineer or the district court, it is necessary to
52	52	24
53	53	appoint a water commissioner for the distribution of water from any river system or
54	54	25
55	55	water source, the commissioner shall be appointed for a four-year term by the state
56	56	26
57	57	engineer.
58	58	27
59	59	(b) The state engineer shall determine whether all or a part of a river system or other
60	60	28
61	61	water source shall be served by a commissioner, and if only a part is to be served, the
62	62	29
63	63	state engineer shall determine the boundaries of that part.
64	64	30
65	65	(c) The state engineer may appoint:
66	66	H.B. 415 H.B. 415 02-04 13:19
67	67	31
68	68	(i) more than one commissioner to distribute water from all or a part of a water
69	69	32
70	70	source; or
71	71	33
72	72	(ii) a single commissioner to distribute water from several separate and distinct water
73	73	34
74	74	sources.
75	75	35
76	76	(d) A water commissioner appointed by the state engineer under this section is:
77	77	36
78	78	(i) an employee of the Division of Water Rights;
79	79	37
80	80	(ii) an appointed officer under Subsection 49-13-102(5)(b)(iii), if the water
81	81	38
82	82	commissioner meets the requirements for a regular full-time employee under
83	83	39
84	84	Subsection 49-13-102(5)(a);
85	85	40
86	86	(iii) eligible for health and retirement benefits as determined by the water
87	87	41
88	88	commissioner's distribution system committee, if the water commissioner is a
89	89	42
90	90	regular full-time employee as that term is defined in Section 49-13-102; and
91	91	43
92	92	(iv) exempt from Title 63A, Chapter 17, Utah State Personnel Management Act.
93	93	44
94	94	[(ii) career service exempt under Subsection 63A-17-301(1)(k); and]
95	95	45
96	96	[(iii) exempt under Subsection 63A-17-307(2)(f) from the classified service
97	97	46
98	98	provisions of Section 63A-17-307.]
99	99	47
100	100	(2)(a) The state engineer shall consult with the water users before appointing a
101	101	48
102	102	commissioner. The form of consultation and notice to be given shall be determined
103	103	49
104	104	by the state engineer so as to best suit local conditions, while providing for full
105	105	50
106	106	expression of majority opinion.
107	107	51
108	108	(b) The state engineer shall act in accordance with the recommendation of a majority of
109	109	52
110	110	the water users, if the majority of the water users:
111	111	53
112	112	(i) agree upon:
113	113	54
114	114	(A) a qualified individual to be appointed as a water commissioner;
115	115	55
116	116	(B) the duties the individual shall perform; and
117	117	56
118	118	(C) subject to the requirements of Title 49, Utah State Retirement and Insurance
119	119	57
120	120	Benefit Act, the compensation the individual shall receive; and
121	121	58
122	122	(ii) submit a recommendation to the state engineer on the items described in
123	123	59
124	124	Subsection (2)(b)(i).
125	125	60
126	126	(c) If a majority of water users do not agree on the appointment, duties, or
127	127	61
128	128	compensation, the state engineer shall make a determination for them.
129	129	62
130	130	(3)(a)(i) The salary and expenses of the commissioner and all other expenses of
131	131	63
132	132	distribution, including printing, postage, equipment, water users' expenses, and
133	133	64
134	134	any other expenses considered necessary by the state engineer, shall be borne pro
135	135	- 2 - 02-04 13:19 H.B. 415
136	136	65
137	137	rata by the users of water from the river system or water source in accordance
138	138	66
139	139	with a schedule to be fixed by the state engineer.
140	140	67
141	141	(ii) The schedule shall be based on the established rights of each water user, and the
142	142	68
143	143	pro rata share shall be paid by each water user to the state engineer on or before
144	144	69
145	145	May 1 of each year.
146	146	70
147	147	(b) The payments shall be deposited in the Water Commissioner Fund created in Section
148	148	71
149	149	73-5-1.5.
150	150	72
151	151	(c) If a water user fails to pay the assessment as provided by Subsection (3)(a), the state
152	152	73
153	153	engineer may do any or all of the following:
154	154	74
155	155	(i) create a lien upon the water right affected by filing a notice of lien in the office of
156	156	75
157	157	the county recorder in the county where the water is diverted and bring an action
158	158	76
159	159	to enforce the lien;
160	160	77
161	161	(ii) forbid the use of water by the delinquent water user or the delinquent water user's
162	162	78
163	163	successors or assignees, while the default continues; or
164	164	79
165	165	(iii) bring an action in the district court for the unpaid expense and salary.
166	166	80
167	167	(d) In any action brought to collect any unpaid assessment or to enforce any lien under
168	168	81
169	169	this section, the delinquent water user shall be liable for the amount of the
170	170	82
171	171	assessment, interest, any penalty, and for all costs of collection, including all court
172	172	83
173	173	costs and a reasonable attorney fee.
174	174	84
175	175	(4)(a) A commissioner may be removed by the state engineer for cause.
176	176	85
177	177	(b) The users of water from any river system or water source may petition the district
178	178	86
179	179	court for the removal of a commissioner and after notice and hearing, the court may
180	180	87
181	181	order the removal of the commissioner and direct the state engineer to appoint a
182	182	88
183	183	successor.
184	184	89
185	185	Section 2. Effective Date.
186	186	90
187	187	This bill takes effect on May 7, 2025.
188	188	- 3 -