On March 2, 2020, Teresa Wilhelmsen was sworn in as the State Engineer for the State of Utah. Teresa has worked for the Division of Water Rights for the past 23 years, and previously served as the Assistant State Engineer for Applications and Records. Teresa replaces Kent Jones, who retired as State Engineer in November 2019.
To view the video of the swearing in ceremony, click here.
A blog written by a Utah water rights lawyer with recent case law summaries, legislative updates, and informative articles about Utah water law.
Saturday, March 7, 2020
Wednesday, March 4, 2020
2020 Legislature: Additional Water Bills
Since the beginning of the 2020 legislative session, there have been several more water-related bills that have been proposed. These bills are summarized below.
House Bill 245 provides that counties, cities, districts, and State agencies cannot prohibit individuals from transporting dogs in watershed areas if the dog remains at all times in the passenger compartment of the vehicle. The bill also exempts service dogs, search and rescue dogs, and law enforcement dogs.
House Bill 278 amends the statute regarding Jordan River improvement projects to allow the Division of Forestry, Fire, and State Lands to work in conjunction with the Utah Department of Transportation to (1) provide access from highways to trails along the Jordan River, and (2) install signs, barriers, and fences where a highway crosses the Jordan River.
HB 328 (1st Substitute) –
Division of Water Resources Study Update
House Bill 328 requires the Division of Water Resources to (1) update a 2002 study to explore the feasibility of diverting Green River water into the Wasatch Front through the Bear River or the Weber River, and (2) study reasonable alternative methods to divert Green River water into the Wasatch Front. The Division must present the update to the Natural Resources, Agriculture, and Environment Interim Committee by November 2020 and present the second study by November 2021 to the Committee.
House Bill 331 requires large water providers to report information about their water infrastructure to the Division of Water Resources and the Natural Resources, Agriculture, and Environment Interim Committee every five years beginning in 2022. Large water providers include cities of the first and second class, as well as water conservancy districts that serve more than 100,000 individuals. The report must include information about the age of water infrastructure, an ongoing repair and replacement plan, and underground water infrastructure that is older than its recommended age.
House Concurrent Resolution 22 encourages the State of Utah to expeditiously develop Utah’s portion of the Colorado River Compact. The Resolution also encourages the State to coordinate with the federal government and the other Colorado River basin states to timely implement of the Drought Control Plans and complete the re-consultation on the Colorado River Interim Guidelines.
House Concurrent Resolution 23 supports the creation of a new management plan, with input from Green River stakeholders, regarding releases of water from Flaming Gorge Dam that is in the best interest of the stakeholders and endangered fish.
House Concurrent Resolution 24 urges the continued cooperation by the federal government (particularly the National Park Service) to prevent the spread of the invasive quagga mussels, including allocation of additional funds and staff time to improve the inspection and decontamination processes for all watercraft leaving Lake Powell.
Senate Bill 84 requires each public entity (counties, cities, towns, and metro townships) to develop a plan to meter all water used for buildings, structures, and land owned by the public entity. The bill also requires each public entity to adopt a conservation plan, and to submit the plans to the Division of Water Resources by November 2020. A public entity cannot receive State money for water development if the public entity fails to comply with these requirements.
Senate Bill 144 modifies several Utah water statutes in light of the recent Utah Supreme Court decision in Rocky Ford Irr. Co. v. Kents Lake Reservoir Co. First, the bill clarifies that judicial review of a State Engineer decision on an application can only be obtained by the applicant or someone who filed a timely protest on the application. Second, the bill clarifies that the filing of a Proof is a request for agency action (as defined in the Utah Administrative Procedures Act) only between the applicant and the State Engineer. Third, the bill clarifies that the State Engineer’s issuance of a Certificate does not constitute a determination by the State Engineer as to whether the appropriation or change has or may impact another water right, and that the State Engineer is not required to deliver a copy of the Certificate to any person other than the water right owner. Finally, the bill clarifies that a person is not required to file a protest or participate in a judicial review of a State Engineer decision as a prerequisite to filing a judicial action for relief based on interference with a water right.
HB
245 – Dogs in Watershed Areas
Rep.
Cheryl K. ActonHouse Bill 245 provides that counties, cities, districts, and State agencies cannot prohibit individuals from transporting dogs in watershed areas if the dog remains at all times in the passenger compartment of the vehicle. The bill also exempts service dogs, search and rescue dogs, and law enforcement dogs.
HB 278 (1st Substitute) –
Jordan River Amendments
Rep. Cheryl K. ActonHouse Bill 278 amends the statute regarding Jordan River improvement projects to allow the Division of Forestry, Fire, and State Lands to work in conjunction with the Utah Department of Transportation to (1) provide access from highways to trails along the Jordan River, and (2) install signs, barriers, and fences where a highway crosses the Jordan River.
House Bill 328 requires the Division of Water Resources to (1) update a 2002 study to explore the feasibility of diverting Green River water into the Wasatch Front through the Bear River or the Weber River, and (2) study reasonable alternative methods to divert Green River water into the Wasatch Front. The Division must present the update to the Natural Resources, Agriculture, and Environment Interim Committee by November 2020 and present the second study by November 2021 to the Committee.
HB 331 – Water Infrastructure
Safety and Maintenance
Rep. Kim F. ColemanHouse Bill 331 requires large water providers to report information about their water infrastructure to the Division of Water Resources and the Natural Resources, Agriculture, and Environment Interim Committee every five years beginning in 2022. Large water providers include cities of the first and second class, as well as water conservancy districts that serve more than 100,000 individuals. The report must include information about the age of water infrastructure, an ongoing repair and replacement plan, and underground water infrastructure that is older than its recommended age.
HCR 22 – Protection, Development, and
Beneficial Use of Colorado River Water
Rep. Bradley G. LastHouse Concurrent Resolution 22 encourages the State of Utah to expeditiously develop Utah’s portion of the Colorado River Compact. The Resolution also encourages the State to coordinate with the federal government and the other Colorado River basin states to timely implement of the Drought Control Plans and complete the re-consultation on the Colorado River Interim Guidelines.
HCR 23 – Balanced Approach to the
Release of Water from Flaming Gorge
Rep. Scott H. ChewHouse Concurrent Resolution 23 supports the creation of a new management plan, with input from Green River stakeholders, regarding releases of water from Flaming Gorge Dam that is in the best interest of the stakeholders and endangered fish.
HCR 24 – Quagga Mussels
Rep. Logan WildeHouse Concurrent Resolution 24 urges the continued cooperation by the federal government (particularly the National Park Service) to prevent the spread of the invasive quagga mussels, including allocation of additional funds and staff time to improve the inspection and decontamination processes for all watercraft leaving Lake Powell.
SB 84 – Public Entity Water Users
Amendments
Sen. Jacob L. AndereggSenate Bill 84 requires each public entity (counties, cities, towns, and metro townships) to develop a plan to meter all water used for buildings, structures, and land owned by the public entity. The bill also requires each public entity to adopt a conservation plan, and to submit the plans to the Division of Water Resources by November 2020. A public entity cannot receive State money for water development if the public entity fails to comply with these requirements.
SB 144 – Water Related
Process Amendments
Sen. Ralph OkerlundSenate Bill 144 modifies several Utah water statutes in light of the recent Utah Supreme Court decision in Rocky Ford Irr. Co. v. Kents Lake Reservoir Co. First, the bill clarifies that judicial review of a State Engineer decision on an application can only be obtained by the applicant or someone who filed a timely protest on the application. Second, the bill clarifies that the filing of a Proof is a request for agency action (as defined in the Utah Administrative Procedures Act) only between the applicant and the State Engineer. Third, the bill clarifies that the State Engineer’s issuance of a Certificate does not constitute a determination by the State Engineer as to whether the appropriation or change has or may impact another water right, and that the State Engineer is not required to deliver a copy of the Certificate to any person other than the water right owner. Finally, the bill clarifies that a person is not required to file a protest or participate in a judicial review of a State Engineer decision as a prerequisite to filing a judicial action for relief based on interference with a water right.