2023 Legislature: Water-Related House Bills That Passed

These are the House bills that passed during the 2023 legislative session.

HB 33 (1st Substitute) - Water Related Liability Amendments

Rep. Carl R. Albrecht

House Bill 33 (1st Substitute) amends Utah Code section 73-1-8, which addresses the duties of canal owners or operators and their liability. The bill expands the section’s applicability by changing the existing “ditch, canal, flume or other watercourse” language to “water facility,” which includes any facility “used for the diversion, transportation, distribution, measurement, collection, containment, or storage of irrigation water.” Similar language has already been inserted into two other sections of the Water Code to reflect the changing uses of canals and the need to extend protections to other types of water facilities as well. Among other things, the bill clarifies that water facility owners and operators have a duty of “reasonable and ordinary care” to maintain the water facilities to prevent the waste of water or property damage, rather than being subject to a higher standard of care that courts have threatened to impose on canals in recent years. In addition, the bill would shield the owners or operators of water facilities from liability for damage or injury caused by “the diversion or discharge of water or another substance into the water facility by a third party” beyond the control of the water facility owner, or “an act of God, including fire, earthquake, storm, flash floods, or similar natural occurrences.”

To read the full text of the bill, click here.

HB 150 (3rd Substitute) - Emergency Water Shortages Amendments

Rep. Carl R. Albrecht

House Bill 150 (3rd Substitute) addresses preferences for water use during a temporary water shortage emergency. The existing statute is extremely vague about what constitutes a water shortage emergency, how the preference determination process should be managed, and how compensation for the preferential use should be calculated. The bill outlines a new procedure by which the governor would declare a temporary water shortage emergency, which would be distinct from the governor’s powers to declare a state of emergency under the Disaster Response and Recovery Act. A temporary water shortage emergency could only be declared if an interruption of water delivery “caused by manmade or natural causes other than drought” either (a) threatens the “availability or quality of an essential water supply or water supply infrastructure” or (b) threatens the operation of the economy and “jeopardizes the peace, health, safety, or welfare” of the public. In issuing an executive order declaring a temporary water shortage emergency, the governor would be required to seek the advice and recommendation of the State Engineer and consult with the state’s Emergency Management Administration Committee. The preferential uses of water in a temporary water shortage emergency, in order, would be for: (1) drinking, (2) sanitation, (3) fire suppression, (4) commercial agriculture animal welfare needs, and (5) generation of electricity. Outside of the ranking of preferential uses, the bill states that water for agriculture purposes, including irrigation, livestock watering, and food processing, would be preferred over the remaining water uses. Preferential users would be required to pay the interrupted users for the reasonable value of the water, applicable crop losses, and “other consequential damages incurred as a result of the interruption.”

To read the full text of the bill, click here.

HB 207 - Compact Commission Amendments

Rep. Casey Snider

House Bill 207 changes Utah’s appointee to the Bear River Compact Commission and the Columbia Compact Commission from the Director of the Division of Water Resources to the State Engineer.

To read the full text of the bill, click here.

HB 208 (1st Substitute) - Criminal Trespass Amendments

Rep. Scott H. Chew

House Bill 208 (1st Substitute) sets forth the elements of criminal trespass when a person is on the “bed or bank of a non-navigable freshwater stream or river that flows through privately owned land and is privately owned.” Defenses against a charge of criminal trespass include that the private property was open to the public and the person charged was complying with “all lawful conditions imposed on access to or remaining on the private property”; that the touching was incidental or otherwise allowed under state code; or the person “acted in compliance with an express easement.” Prescriptive easements are not a valid defense against a criminal trespass charge.

To read the full text of the bill, click here.

HB 217 (3rd Substitute) - School Energy and Water Reductions

Rep. Gay Lynn Bennion

House Bill 217 (3rd Substitute) provides that the State Board of Education can award grants to school districts or charter schools, upon recommendation by a review panel, for implementation of programs to reduce the use of water or energy. Priority is given to projects that are (1) for rural school districts or charter schools, (2) for school districts or charter schools located within the Great Salt Lake watershed, and (3) for outdoor water conservation. The Board is required to draft rules about the grant program, including procedures for applying for grants, eligibility requirements, and reporting requirements. This program is intended to be a pilot program, so the Board is required to report on the effectiveness of the grants by 2027. The fiscal note contemplates $900,000 to be allocated to the program in fiscal year 2024.

To read the full text of the bill, click here.

HB 299 (4th Substitute) - Boating Amendments

Rep. Casey Snider

House Bill 299 (4th Substitute) provides that 50% of the revenue collected from boat registration fees is to be deposited into the new Utah Boating Grant Account. The Division of Outdoor Recreation is tasked with administering the Account and awarding grants to water conservancy districts, state agencies, counties, and municipalities for projects. Such projects could include construction, repair, or replacement of public boating facilities; waterway shoreline protection; or drought access mitigation.

To read the full text of the bill, click here.

HB 307 (3rd Substitute) - Utah Water Ways

Rep. Calvin R. Musselman

House Bill 307 (3rd Substitute) provides for the creation of a new nonprofit, statewide partnership addressing water. The purpose of the nonprofit is to facilitate the coordination of water optimization efforts by: (1) sponsoring policy discussions about the state’s water supply; (2) engaging the private sector for support to optimize water use; (3) coordinating with the Department of Agriculture and Food and the Department of Environmental Quality on water-related issues; (4) maintaining communication among the partnership; (5) providing a line of communication between the partnership and state leaders; (6) promoting coordination of grants, rebate programs, or sponsorships that support optimal use of water; and (7) encouraging residents to make changes to optimize their water use by providing educational tools, public awareness campaigns and seeking grants, gifts, donations, etc. for these purposes. The bill will take effect on July 1, 2023.

To read the full text of the bill, click here.

HB 349 (4th Substitute) - Water Reuse Projects Amendments

Rep. Casey Snider

House Bill 349 (4th Substitute) prohibits the State Engineer and the Division of Water Quality from approving a water reuse project submitted after November 1, 2023 “if the water related to the reuse project would have otherwise been discharged into a tributary of the Great Salt Lake.” However, this prohibition does not apply to federally owned water rights, reuse projects to supply water to the Great Salt Lake, or reuse projects “approved subject to a water replacement plan.” The water replacement plan must provide “an equivalent amount of water to the Great Salt Lake.” The State Engineer may deny the application or approve it in part if the water replacement plan is inadequate.

To read the full text of the bill, click here.

HB 370 (4th Substitute) - Utility Infrastructure Amendments

Rep. Carl R. Albrecht

House Bill 370 (4th Substitute) makes it a felony to destroy or tamper with a “critical infrastructure facility,” which includes a water facility as it is currently defined in Title 73 of Utah Code. To be subject to the felony charges, the person committing the crime must cause “widespread injury or damage to persons or property” by destroying or substantially damaging a critical infrastructure facility, or by tampering with, inhibiting, or impeding the operation of a critical infrastructure facility.

To read the full text of the bill, click here.

HB 450 (1st Substitute) - Landscaping Requirements

Rep. Ryan D. Wilcox

House Bill 450 (1st Substitute) amends section 57-8a-231 of the Utah Code by adding more limitations on the power of homeowners associations to limit water efficient landscaping. Specifically, the bill states that HOAs cannot require a property owner to have more than 50% coverage that is not water wise landscaping.

To read the full text of the bill, click here.

HB 488 (Amended) - Utah Lake Authority Amendments

Rep. Brady Brammer

House Bill 488 (amended) modifies the membership of the board of the Utah Lake Authority. Previously, the Utah County Council of Governments appointed eight board members, one of whom was an individual designated by a chamber of commerce in Utah County and four of whom were elected officials from municipalities immediately adjacent to the Authority boundary. HB 488 keeps the appointment of eight board members and the one appointee designated by a chamber of commerce, but the other seven board member appointees must be elected officials from municipalities whose boundaries are no more than one-half mile from the Authority boundary.

To read the full text of the bill, click here.

HB 491 (3rd Substitute) - Amendments Related to the Great Salt Lake

Rep. Mike Schultz

House Bill 491 (3rd Substitute) creates a new Great Salt Lake Commissioner (“GSL Commissioner) who answers jointly to the Governor, Speaker of the House, and President of the Senate. The GSL Commissioner is tasked with creating a strategic plan by the end of 2023 based on a “holistic approach that balances the diverse interests related to the health of the Great Salt Lake,” and includes provisions concerning the coordination of Great Salt Lake efforts, achieving a sustainable water supply, protecting human health and the ecosystem, economic development, water conservation, water and land use planning, and regional water sharing. The plan needs to be approved by the Governor, after which it will be distributed to state agencies. The GSL Commissioner is also responsible for implementing the strategic plan and may require state agencies—other than the State Engineer and, in some circumstances, the Department of Environmental Quality—to take action or refrain from acting “to benefit the health of the Great Salt Lake to comply with the strategic plan.” The other responsibilities of the GSL Commissioner include maintaining information on the lake; coordinating and consulting with state and federal agencies, political subdivisions, elected officials, and others with responsibilities or interests relating to the lake; monitoring the ongoing integrated water assessment; and other similar duties. The GSL Commissioner will be supported by a new Office of the Great Salt Lake Commissioner, which will be housed in the Department of Natural Resources but staffed and operated independently by the GSL Commissioner. The bill also adds a seat to the Board of Water Resources for a member that “represents the interests of the Great Salt Lake.”

To read the full text of the bill, click here.

HB 513 (3rd Substitute) - Great Salt Lake Amendments

Rep. Casey Snider

House Bill 513 (3rd Substitute) changes how certain mineral royalties from the Great Salt Lake are collected and managed and imposes a new severance tax for the mining of metalliferous compounds from the lake. It also requires that new mineral leases use the most water efficient technologies available and, in some circumstances, provide replacement water to the lake. In addition, the bill requires the Division of Forestry, Fire, and State Lands, as manager of the lake, to make rules for the management of the lake which: (a) provide strategies to manage the lake based on fluctuating lake levels; (b) develop the lake in a manner that protects bird habitats, wetlands, brines, brine shrimp, and wildlife; (c) promote water quality; (d) protect public access to the lake; (e) consider the effects of the lake on the local environment; (f) maintain the flood plain; (g) maintain the lake and marshes for birds; (h) protect recreation; and (i) maintain wildlife refuges. It also requires the division to take on emergency management of the Great Salt Lake when the lake reaches the “emergency trigger,” which is when the salinity levels of the south arm of the lake do not meet the ecological conditions required for brine shrimp and brine fly reproduction. When the emergency trigger is reached, the division may “construct, operate, modify, and maintain” management berms and structures; stop issuing mineral production permits; and withdraw or curtail existing mineral leases.

To read the full text of the bill, click here.

HCR 7 (1st Substitute) - Concurrent Resolution Supporting the Creation of the Great Salt Lake Sentinel Landscape

Rep. Trevor Lee

House Concurrent Resolution 7 (1st Substitute) states that the Utah Legislature and Governor support the Utah Department of Veterans and Military Affairs and its partners in applying for the establishment of the Great Salt Lake Sentinel Landscape. The United States Department of Defense, Department of Agriculture, and Department of Interior have created the Sentinel Landscape Partnership, a federal conservation policy to designate certain lands as “Sentinel Landscapes” that are critical to the nation’s defense mission.

To read the full text of the bill, click here.