2019 Legislative Update - part 2

Since the beginning of the 2019 legislative session, more water-related bills have been introduced. This post supplements my original post about 2019 legislation.

HB 355 - Water General Adjudication Amendments
Rep. Joel Ferry
House Bill 355 amends statutes regarding small applications of water and general adjudications. The bill modifies Utah Code section 73-3-5.6, which allows for the filing of an Affidavit of Beneficial Use to reinstate a lapsed application for a small amount of water. The bill also provides that an Affidavit of Beneficial Use cannot be used to reinstate a water right if the water right lapsed before the State Engineer issued a Notice to File Statement of Water User's Claim and the water right owner did not file a Water User's Claim on the water right. The bill also clarifies that there is a right of appeal to the Utah Supreme Court for any district court order that resolves an objection in a general adjudication. The bill also provides a form summons for the State Engineer to use in giving published notice to potential water claimants in a general adjudication.

HB 360 - School Water Testing Requirements
Rep. Stephen G. Handy
House Bill 360 requires the Drinking Water Board to make administrative rules regarding water testing in schools and child care centers. The rules are to (1) establish a reduction of lead in drinking water in schools and child care centers; (2) require schools to create written plans regarding lead concentration in their water supply; (3) establish the lead level requiring mitigation; and (4) determine whether a school is required to undertake mitigation. The bill also establishes the Lead Sampling Fund, with an initial outlay of $5 million, to pay schools for costs incurred in complying with the requirements.

HB 377 - Capitol Hill Water Usage Amendments
Rep. Joel K. Briscoe
House Bill 377 requires the State Capitol Preservation Board to develop a water management plan and conduct an analysis of water use at the Capitol Hill complex. The bill also provides that the Board may implement water conservation measures at the Capitol Hill complex, consult with the Division of Water Resources, and appoint a water conservation specialist.

HB 452 - Water Facilities Amendments
Rep. Logan Wilde
House Bill 452 amends Utah Code section 73-1-14 regarding penalties for interfering with water facilities and Utah Code section 73-1-15 regarding penalties for obstructing water facilities. The bill maintains the purpose of the sections to prohibit those without rights from obstructing and interfering with ditches, pipelines, canals, reservoirs, storage tanks, and other water facilities, but expands and provides additional detail regarding these sections.

HB 456 - Water Amendments for Institutions of Higher Education
Rep. Stephen G. Handy
House Bill 456 amended Utah Code section 73-1-4 regarding abandonment and forfeiture of water rights. Specifically, this bill provides that institutions of higher education qualify as public water suppliers that are protected from claims of nonuse and forfeiture.

HCR 10 - Concurrent Resolution to Address Declining Water Levels of the Great Salt Lake
Rep. Timothy D. Hawkes
House Concurrent Resolution 10 points out the importance of the Great Salt Lake and the potential impacts currently facing the lake due to declining water levels. The Resolution provides that there should be an overall policy that supports effective administration of water flow to the Great Salt Lake to maintain or increase lake levels, while balancing economic, social, and environmental needs. The Department of Natural Resources is encouraged to collaboratively engage with a wide range of stakeholders to develop policy recommendations and other solutions, and to present them to the legislature.

HCR 18 - Concurrent Resolution Concerning Bear Lake
Rep. Logan Wilde
House Concurrent Resolution 18 recognizes the characteristics, benefits, and challenges to Bear Lake and urges solutions to address challenges to Bear Lake, including water quality, invasive species, lakebed management, and enhancement of irrigation water storage and supply functions. The Resolution also encourages the State's continued cooperation with Idaho to develop joint expectations regarding the lake. The Resolution also encourages the participation of stakeholders to develop recommendations to protect and enhance the lake.

SB 189 - Temporary Land Use Regulation Amendments
Sen. Ralph Okerlund
Senate Bill 189 provides that a county of the fifth or sixth class can enact an ordinance establishing a temporary land use regulation prohibiting construction, subdivision approval, and other development activities within an area that is the subject of a study of water availability, capacity, or quality that is overseen by the Division of Water Rights.

SB 214 - Property Tax Relief Modifications
Sen. Lincoln Fillmore
Senate Bill 214 places limitations on the amount of property tax that can be collected by water conservancy districts. Specifically, property taxes cannot exceed 15% of a district's total annual revenues. The bill excludes large districts that comprises more than five counties. A district can only exceed the limitation if approved in an election by at least 75% of district voters. The bill also prohibits districts from issuing bonds secured by property tax revenue.

SCR 9 - Concurrent Resolution Regarding Navajo Water Rights Settlement Agreement
Sen. David P. Hinkins
Senate Concurrent Resolution 9 declares support for the negotiated settlement of federal reserved water right claims, particularly the Settlement Agreement of Reserved Water Rights between the State of Utah and the Navajo Nation.