2023 Legislative Preview of Water Bills

The 2023 session of the Utah Legislature is (once again) going to be a very busy session for the water community. There are a number of water bills that are being proposed, which are summarized below. More water bills are also expected to be filed as the session goes on.

HB 33 - Water Related Liability Amendments Rep. Carl R. Albrecht

House Bill 33 proposes amending Utah Code section 73-1-8, which addresses the duties of canal owners or operators and their liability. The bill would expand 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 water.” Identical 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 “ordinary care” to maintain water facilities to prevent the waste of water or property damage, rather than being subject to a higher standard of care 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” without permission, 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 - Emergency Water Shortages Amendments Rep. Carl R. Albrecht

House Bill 150 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 (b) threatens 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 188 - Golf Related Water Modifications Rep. Douglas R. Welton

House Bill 188 requires the owners and operators of golf courses and driving ranges to report annual water use data to the Division of Water Resources. The data includes the amount of water used for the operation and maintenance of the golf course and the sources of water used. The golf course owners/operators are also required to publish the water use information on the golf course’s website. The Division will also publish the water use information on its website. 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.

SB 34 - Water Infrastructure Funding Study Sen. Daniel McCay

Senate Bill 34 directs the Department of Natural Resources (DNR) to study the current use of property tax revenue to fund water infrastructure, treatment, and delivery by local governments. DNR’s study, conducted by a working group, would include: (i) developing policies to ensure tax exempt entities contribute to infrastructure funded with property tax revenue; (ii) considering the effects of removing or reducing the use of property taxes for infrastructure; and (iii) developing tiered water rate structures that promote water conservation and ensure reasonable revenue stability. By October 30, 2024, DNR would report on the study to the two Interim Committees: (i) Natural Resources, Agriculture, and Environment and (ii) Revenue and Taxation Interim Committee. To read the full text of the bill, click here.

SB 53 - Groundwater Use Amendments Sen. Evan J. Vickers

Senate Bill 53 seeks to amend Utah Code section 73-5-15 regarding groundwater management plans. The bill provides that in the context of groundwater management plans, the use of water from a surface source to artificially recharge an aquifer constitutes beneficial use of water (provided certain conditions are met). The bill also corrects a punctuation error that created potential confusion regarding aquifer storage as an exception to claims of nonuse. To read the full text of the bill, click here.

SB 76 - Water Amendments Sen. Scott D. Sandall

Senate Bill 76 implements changes on the municipal, county, and state agency levels to increase coordination in water-related planning. It requires municipal and county planning commissions to consult with the Division of Water Resources when drafting the water use and preservation element of their general plans. Water Resources will help the planning commissions determine how implementing the land use and water use elements of their general plans may affect the Great Salt Lake. County planning commissions are also required to notify and seek feedback from community water systems regarding water supply and distribution planning and to consider the potential opportunities and benefits of planning for regionalization of public water systems. In addition, the bill allows the Division of Drinking Water to change water source, storage, and system minimum sizing standards based on water use data and enforceable water conservation measures implemented by public water systems. Finally, the bill tasks the existing Water Development Coordination Commission—comprised of state water agency heads, the Commissioner of the Department of Agriculture and Food, the director of the Housing and Community Development Division, and the state treasurer—with identifying incentives to develop and implement conservation plans and regionalize water systems. To read the full text of the bill, click here.

(Not Yet Numbered) - Water Efficient Landscaping Amendments Rep. Doug Owens

This bill would amend Utah Code section 73-10-37 by, among other things, increasing appropriations from $5,000,000 to $12,500,000 and allow administration through the local water districts or the municipality. The municipality would first need to enact an ordinance to establish water use efficiency standards. The bill includes specific details a municipality would need to include in the ordinance; for example, an owner may not install or maintain a lawn or turf within a park strip or an area that is less than eight feet wide. The purpose here is to ensure municipalities are committed to more efficient water use for the long term. When Rep. Owens discussed this bill at the Utah Water Task Force meeting on January 11, 2023 his emphasis was combating the bad press Utah has received for our lack of water conservation. Many provisions in this bill revolve around combating this perception by showing long term commitment to water efficiency. A similar bill was introduced by Sen. Sandall (discussed below). One of the main differences is Rep. Owen’s bill requests more appropriations to implement the turf buyback program. The bills do not conflict and many feel unifying the two bills would be the best approach.

(Not Yet Numbered) - Water Efficient Landscaping Incentives Sen. Scott D. Sandall

This bill, which is similar to Rep. Owens' bill discussed above, establishes a financial incentive program for the conversion of lawn or turf to water-efficient landscaping. The Division of Water Rights will award grants to water conservancy districts that administer landscaping conversion incentive programs. In areas without these programs, landowners are eligible to directly receive financial incentives to voluntarily remove lawn or turf. The bill also permits the Division of Water Rights and/or water conservancy districts to hold a lien on a property if the recipient of a financial incentive subsequently re-installs lawn, turf, or overhead spray irrigation on the property.

 

Public Meeting Concerning the General Adjudication in Upper Provo River Area

The Utah Division of Water Rights has set a public meeting to discuss the general adjudication of water rights in the Upper Provo River area in the Provo River Division of the Utah Lake/Jordan River Drainage (Area 55, Book 15). The Upper Provo River area boundaries are shown on the map below. The following information is from the public meeting notice:

What: Public Meeting
Who: Water Users within the Upper Provo River area
When: January 26, 2023, 6:00 to 7:00 pm
Where: Francis Community Center, 2319 South Spring Hollow Road, Francis, Utah

Purpose: In accordance with Chapter 73-4, Utah Code Annotated, and the Third Judicial District Court (Civil No. 365729854), the State Engineer is authorized and ordered to conduct a general determination of the rights to the use of all water, both surface and underground, within the drainage area of the Upper Provo River Subdivision, Provo River Division, of the Utah Lake and Jordan River drainage in Wasatch County. Efforts are currently underway and over the next few months, representatives of the Division of Water Rights will be working in the Upper Provo River area to survey existing water rights and investigate water user's claims. In light of this work, the public is invited to a public meeting. Representatives from the Division of Water Rights will be available during this time to discuss the adjudication process, review water rights within the area, and answer questions. If individuals cannot attend, but have questions regarding the adjudication process or water rights within the Upper Provo River area, please contact the Division of Water Rights at 801-538-5282.

Agenda:
1.  Introduction
2.  Adjudication Process Presentation
3.  Public Comments and Questions

For more information regarding this meeting, click here.

Public Meeting Concerning the General Adjudication in Francis / Woodland Area

The Utah Division of Water Rights has set a public meeting to discuss the general adjudication of water rights in the Francis/Woodland area in the Provo River Division of the Utah Lake/Jordan River Drainage (Area 55, Book 14). The Francis/Woodland area boundaries are shown on the map below. The following information is from the public meeting notice:

What: Public Meeting
Who: Water Users within the Francis/Woodland area
When: January 26, 2023, 6:00 to 7:00 pm
Where: Francis Community Center, 2319 South Spring Hollow Road, Francis, Utah

Purpose: In accordance with Chapter 73-4, Utah Code Annotated, and the Third Judicial District Court (Civil No. 365729853), the State Engineer is authorized and ordered to conduct a general determination of the rights to the use of all water, both surface and underground, within the drainage area of the Francis/Woodland Subdivision, Provo River Division, of the Utah Lake and Jordan River drainage in Wasatch County. Efforts are currently underway and over the next few months, representatives of the Division of Water Rights will be working in the Francis/Woodland area to survey existing water rights and investigate water user's claims. In light of this work, the public is invited to a public meeting. Representatives from the Division of Water Rights will be available during this time to discuss the adjudication process, review water rights within the area, and answer questions. If individuals cannot attend, but have questions regarding the adjudication process or water rights within the Francis/Woodland area, please contact the Division of Water Rights at 801-538-5282.

Agenda:
1.  Introduction
2.  Adjudication Process Presentation
3.  Public Comments and Questions

For more information regarding this meeting, click here.

Public Meeting Regarding Appropriation Policy for Bear River Basin

The Utah Division of Water Rights has set a public meeting to discuss the appropriation policy for the Bear River Basin in Box Elder County (Area 29). The policy change is being driven in part by Governor Cox's recent proclamation to close the Great Salt Lake drainage to new water appropriations. The following information is from the public meeting notice:

What: Public Meeting
Who: Bear River Basin Water Users
When: February 6, 2023, 7:00 - 8:30 p.m.
Where: Multi-Purpose Room at USU Brigham City, 989 South Main, Brigham City
Purpose: The purpose of the meeting is to present a proposed update to the appropriation policy in the Bear River Basin area of Box Elder County. Personnel from the Division of Water Rights will be available to take all questions and comments provided by the general public and interested parties.

Agenda:
1. Welcome/Introduction
2. Summary of Current Appropriation Policy and the Governor's Proclamation
3. Update to Appropriation Policy
4. Public Questions/Comments

The meeting will also be broadcast via Internet at https://waterrights.utah.gov/publicmeetings.

If you are unable to attend the meeting, you can provide written comments to the Division of Water Rights at PO Box 146300, Salt Lake City, UT 84114-6300.

For more information about the meeting, click here.

For current water right policies in Area 29, click here.

Public Meeting Concerning the Groundwater Management Plan for Goshen Valley

The Utah Division of Water Rights has set a public meeting to discuss the groundwater resources, appropriation policy, and groundwater management plan for Goshen Valley. The following information is from the public meeting notice:

What: Public Meeting
Who: Goshen Valley Water Users
When: January 24, 2023, 6:00 - 8:00 p.m.
Where: Goshen Elementary School, 60 North Center Street, Goshen, UT 84633
Purpose: The purpose of the meeting is to present the results of a recently published hydrology study performed by the Utah Geological Survey and to discuss the groundwater appropriation policies and groundwater management plan in the valley. Personnel from the Division of Water Rights will be available to take all questions and comments provided by the general public and interested parties.

Agenda:
1. Welcome/Introduction
2. Summary of Groundwater Hydrology Study by UGS Staff
3. Appropriation Policy and Groundwater Management Plan Discussion
4. Public Questions/Comments

The meeting will also be broadcast via Internet at https://waterrights.utah.gov/publicmeetings.

If you have groundwater rights in the Goshen Valley area, you may want to attend the public meeting, as the policies and plans that will be discussed could have a significant impact on your water rights.

For more information about the meeting, click here.

For current water right policies in Goshen Valley area, click here.

Water Judges

The Utah Judicial Council previously approved a rule allowing for water judges to serve at the district court level. The rule went into effect on November 1, 2022, and the Council has approved nine judges to serve as water judges. These judges are:

• First District Court – Judge Angela Fonnesbeck

• Second District Court – Judge Jennifer Valencia

• Third District Court – Judge Laura Scott, Judge Patrick Corum, and Judge Kent Holmberg (possibly short-term)

• Fourth District Court – Judge Kraig Powell

• Fifth District Court – Judge Ann Marie McIff Allen and Judge Michael Westfall (possibly short-term)

• Eighth District Court – Judge Greg Lamb

Public Meeting Concerning Development of a Groundwater Management Plan for Parowan Valley

The Utah Division of Water Rights has set a public meeting to discuss the development of a Groundwater Management Plan for Parowan Valley. The following information is from the public meeting notice:

What: Public Meeting
Who: Parowan Valley Water Users
When: January 9, 2023, 6:00 - 8:00 p.m.
Where: Parowan High School auditorium, 168 North Main Street, Parowan, Utah
Purpose: The purpose of the meeting is to discuss the development of a groundwater management plan for Parowan Valley. Personnel from the Division of Water Rights will be available to take all questions and comments provided by the general public and interested parties.

Agenda:
1. Welcome/Introduction
2. Groundwater Management Plan Discussion
3. Public Questions/Comments

If you have groundwater rights in the Parowan Valley area (Area 75), you may want to attend the public meeting, as the Groundwater Management Plan could have a significant impact on your water rights.

For more information about the meeting, click here.

For current water right policies in the Parowan Valley area, click here.

Proclamation Closing Great Salt Lake Basin to New Water Right Appropriations

Governor Spencer Cox has issued a proclamation closing the entire Great Salt Lake basin to new water right appropriations. This includes Bear River and its tributaries, Bear Lake and its tributaries, Jordan River and its tributaries, Weber River and its tributaries, and all other sources tributary to the Great Salt Lake in Box Elder County, Weber County, Davis County, and Salt Lake County.

The proclamation was deemed necessary based on the historic low water levels in the Great Salt Lake. 

The exceptions to the proclamation are:

1--applications for non-consumptive uses; 

2--applications that include a mitigation plan to offset depletion; and

3--applications for small amounts of water that comply with State Engineer basin policies.

To read the press release from the Governor's office, click here.

To read the proclamation, click here.

Public Meeting Concerning Groundwater Policies for Juab Valley

The Utah Division of Water Rights will be holding a public meeting to present the results of a recently published groundwater hydrology study and to present updates to the groundwater appropriation policies for Juab Valley. The information below comes from the public meeting notice.

What: Public Meeting

Who: Juab Valley Water Users

When: December 12, 2022, 6:00 - 8:00 p.m.

Where: County Commission Chambers, 160 North Main, Nephi

Purpose: The purpose of the meeting is to present the results of a recently published groundwater hydrology study performed by the Utah Geological Survey and to present updates to the groundwater appropriation policies in the valley. The development of a groundwater management plan will also be discussed. Personnel from the Division of Water Rights will be available to take all questions and comments provided by the general public and interested parties.

If you are unable to attend the meeting, but would like to provide input, please send your written comments to:

Division of Water Rights
1594 West North Temple Suite 220
PO Box 146300
Salt Lake City, UT 84114-6300

Agenda for December 12, 2022 Public Meeting
1. Welcome/Introduction
2. Summary of Groundwater Hydrology Study by UGS Staff
3. Updated to Groundwater Appropriation Policy
4. Groundwater Management Plan Discussion
5. Public Questions/Comments

In accordance with the Americans with Disability Act, individuals needing special accommodations should notify Marianne Burbidge at (801) 538-7370 at least three (3) days prior to the meeting. 

Information from the meeting will be posted on the Utah Division of Water Rights website at http://waterrights.utah.gov as a resource for those who are unable to attend the meeting or require additional information.

For more information about the public meeting, click here.

2023 Legislation: Water Related Liability Amendments

Rep. Carl Albrecht is sponsoring proposed legislation in response to concerns from his constituents who utilize irrigation water from canals that divert Sevier River water across the Sevier Valley. The irrigation companies that operate the canals have had problems in the past with thunderstorms flowing down the nearby canyons and flooding the canals, which exceeds the capacity of the canals and floods out neighboring properties, particularly when the floodwater fills the canals with debris. Some canals are not insured for flooding, leaving them fully exposed to liability for such events, while others that are insured often lose their insurance when such claims are paid out. In addition, it is fairly common for these canals to be used by municipalities and others to convey stormwater, sometimes without permission, further exposing the canal owners to liability. 

The bill proposes amending Utah Code section 73-1-8, which addresses the duties of canal owners or operators and their liability. The bill would expand 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 water.” Identical language has already been inserted into two other sections of Title 73, Chapter 1 that apply to the operation of canals 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 shields 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” without permission, or “an act of God, including fire, earthquake, storm, flashfloods, or similar natural occurrences.” In addition, the bill clarifies that water facility owners or operators have a duty of “ordinary care” to maintain the water facilities to prevent the waste of water or property damage, rather than a higher degree of liability which courts have threatened to impose on canals in particular in recent years.

The Natural Resources, Agriculture, and Environment Interim Committee unanimously adopted this draft legislation as a committee bill in its August 17, 2022 meeting. In addition, the Legislative Water Development Commission endorsed the bill in its September 22, 2022 meeting. As an interim committee-sponsored and approved bill, it should move directly to the House floor without an additional committee hearing when the 2023 General Session of the Utah Legislature gets underway in January.

The text of the proposed bill can be found here.