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

The Utah Division of Water Rights will be holding a public meeting to discuss the development of a groundwater management plan for Parowan Valley. The information below comes from the public meeting notice.

What: Public Meeting

Who: Parowan Valley Water Users

When: January 11, 2022, 5:30 - 7:30 p.m.

Where: County Commission Chambers, 68 South 100 East, Parowan, UT 84761

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.

If you are unable to attend the meeting, but would like to provide input, please send your written comments to:
Division of Water Rights
646 North Main St
P.O. Box 506
Cedar City, UT 84721-0506 

Agenda for January 11, 2022 Public Meeting
1. Welcome/Introduction
2. Groundwater Management Plan Discussion
3. 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.

Utah Watershed Councils

Representative Tim Hawkes’s House Bill 166, the Watershed Council Act, was passed in the 2020 legislative session. The purpose of the Act, which was largely drafted by Smith Hartvigsen attorney Peter Gessel in his previous role at the Utah Department of Agriculture and Food with input from Nathan Bracken and others, is to “develop diverse and balanced stakeholder forums for discussion of water policy and resource issues at watershed and state levels.” The Utah Division of Water Resources was tasked with implementing the Act, though its efforts were delayed by a year due to the pandemic. This past spring, the Division awarded a contract to The Langdon Group, headed by experienced facilitator Dan Adams, with assistance from Nathan Bracken and Peter Gessel as policy counsel, to implement the Act.

The Division’s implementation plan calls for the creation of a statewide Utah Watersheds Council, with council members appointed to represent state agencies, counties, cities, special districts, and others from a variety of interests such as agriculture, conservation, and industrial water use. Many of these representatives have already been identified, and the remainder should be selected as directed by statute within the next two weeks. On November 15, 2021, the Division will hosted a kickoff meeting at the Department of Natural Resources to officially organize the Utah Watersheds Council. This was the first major step to implement the Act, though hundreds of hours have already been spent by Dan Adams and others to reach out to water stakeholders across the state and lay the groundwork for this event. We expect that it will take several meetings for the Utah Watersheds Council to be fully organized and adopt policies and priorities for its work, as the Act was written broadly to allow the council to organize and operate as it sees fit. One of the primary responsibilities of the Utah Watersheds Council is to facilitate the organization of local basin-level watershed councils across the state. The Langdon Group has been tasked with organizing some of these basin-level councils, which Dan hopes to start doing in the next few months.

In addition to facilitating and supporting the basin-level councils, the Utah Watersheds Council is designed to help improve communication and understanding between the many state-level entities and interests that far too often are unaware of each other’s activities and responsibilities. By convening these state-level representatives, the hope is that the Utah Watersheds Council will facilitate communication, coordination, and collaboration, particularly between the Departments of Natural Resources, Environmental Quality, and Agriculture and Food, as well as federal agencies (though the federal agencies are not members of the council). As the basin-level councils are created, with each such council appointing a representative to the Utah Watersheds Council, there will be additional opportunities for local stakeholders to identify their unique needs and priorities and communicate those to the state council. The Utah Watersheds Council can use that information in fulfilling its obligation to provide advice to the governor and legislature on water issues.

As the watershed councils are subject to Utah’s public meeting requirements, all state and local watershed council meetings are open to the public. Scheduled meetings and their agendas will be available on the Utah Public Notice website.

Utah Water Resources Plan - Virtual Open House

On October 20, 2021 at 7:00 pm, the Utah Division of Water Resources will be hosting a virtual open house regarding the draft State of Utah Water Resources Plan. During the open house, a short presentation about the Plan will be given, which will be followed by a question-and-answer session. Written questions will be accepted throughout the virtual open house through the "Question and Answer" feature of Google Meet.

To join the virtual open house in Google Meet, click here.

To watch the virtual open house on YouTube live video stream, click here.

To view the current draft of the Plan, click here. 

Personnel Changes at Utah Division of Water Rights

Assistant State Engineer Blake Bingham will be taking a leave of absence from the Division of Water Rights for military service. Accordingly, the Division will be making some personnel changes.

Jared Manning will take the position of Assistant State Engineer for Applications and Records.

Ross Hansen will take the position of Assistant State Engineer for Field Services.

Eric Jones will take the position of Regional Engineer for the Utah Lake / Jordan River Regional Office.

Gary Brimley will take the position of Regional Engineer for the Weber River / Western Regional Office.

These personnel changes will take effect next week.

New Director of the Utah Division of Water Resources

Candice Hasenyager has been appointed the new Director of the Utah Division of Water Resources. She replaces Todd Adams who has accepted a Deputy Director position with the Utah Department of Natural Resources. 

Director Hasenyager said the following: “Access to water is at the core of prosperity for our state. I am looking forward to serving the public and building on the great work already in place. As we head into the future, we will need to work together to implement balanced solutions like reducing our water use, growing water-wise and increasing our water supplies.”

For more information, click here.

The Utah Division of Water Rights has set a public meeting to discuss the general adjudication of water rights in the Lake Creek area in the Provo River Division of the Utah Lake/Jordan River Drainage (Area 55, Book 12). The boundaries of the Lake Creek area are shown in the map below. The following information is from the public meeting notice:

What: Public Meeting

Who: Water Users within the Lake Creek area

When: July 29, 2021, 6:00 to 7:00 pm

Where: Wasatch County Senior Center, 465 East 1200 South, Heber City

Purpose: In accordance with Chapter 73-4, Utah Code Annotated, and the Third Judicial District Court (Civil No. 365729851), 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 Lake Creek 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 Lake Creek 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 Lake Creek area, please contact the Division of Water Rights at 801-538-5282.
Agenda:
1.  Introduction (Michael Drake, P.E. - Assistant State Engineer)
2.  Adjudication Process Presentation

3.  Public Comments and Questions

A live stream broadcast of the public meeting will also be available online at this link.

Update on Water Right Adjudications

Across the state, water right adjudications continue to move forward. As noted by the Utah Division of Water Rights, “[t]he water rights adjudication process helps to bring order and certainty to the water rights record throughout the state by defining existing rights, quantifying unknown rights, and removing unused and abandoned rights from the record through judicial decree.” This article provides updates on some of these water right adjudication proceedings.

In February 2021, the Division initiated a new adjudication in Daniels Creek, Area 55-11. The next areas to be adjudicated are:

·       Lake Creek, Area 55-12 (anticipated to begin in 2021)

·       Jordanelle, Area 55-13 (anticipated to begin in 2022)

·       Francis-Woodland, Area 55-14 (anticipated to begin in 2022)

·       Upper Provo, Area 55-15 (anticipated to begin in 2023)

 

In March 2021, the Division has issued the List of Unclaimed Rights for Midway, Area 55-10.

 

The Division has published Proposed Determinations in several areas:

·       Red Butte Creek, Area 57-3 (November 2020)

·       West Murray, Area 57-19 (December 2020)

·       Mill Creek, Area 57-15 (May 2021).

 

The Division anticipates publishing more Proposed Determinations in 2021. The next Proposed Determinations to be published are:

·       Liberty Park, Area 57-11

·       Parleys Creek, Area 57-14

·       Holladay, Area 57-16

·       West Big Cottonwood Creek, Area 57-17

·       Moab North, Area 05-02

·       Moab South, Area 05-05.

 

The Special Master and Third District Court continue to hear objections to Proposed Determinations in numerous adjudication areas, including three areas that pre-date the Special Master’s appointment:

·       Hobble Creek, Area 51-4

·       Goshen Valley, Area 53-1

·       Emigration Creek, Area 57-1.

It is critical that water right owners understand and participate in the adjudication process in their respective areas. Failure to do so could result in water rights being reduced or even disallowed in the adjudication proceedings.

Utah Dam Safety Inspections Using Drones

The Utah Division of Water Rights has recently announced that its dam safety section has acquired a drone and licensed two Division employees as drone pilots so that the Division can integrate drone technology into their program to inspect, evaluate, and monitor dams in the state. The implementation of drone technology will improve dam oversight and also increase staff efficiency while onsite at dam inspections.

For more information regarding the dam safety section's implementation of drone technology, click here.

Proposed Determination for Mill Creek Area

As part of its general adjudication of water rights, the Utah Division of Water Rights has issued its Proposed Determination for the Mill Creek Area (Area 55, Book 15). The Proposed Determination was published on May 19, 2021. Pursuant to Utah law, any water user who disagrees with the Proposed Determination is required to file an objection within 90 days (i.e., by August 17, 2021). Failure to file an objection results in the water user being able to mount a challenge in the future. Accordingly, if you have water rights in the Mill Creek Area, you should definitely review the Proposed Determination to ensure that your water rights are correctly included therein.

To view the Mill Creek Area Proposed Determination, click here.

Utah Well Drilling Report for 2020

The Utah Division of Water Rights recently released its 2020 well drilling report. The report notes that despite the pandemic, water well drilling increased by 25% in 2020. A total of 573 new water wells were drilled in 2020. Based on first quarter numbers, the Division expects to see an even bigger increase in 2021. Many well drillers are booked out for weeks or months (which has been confirmed to me by clients who have been attempting to get new wells drilled).

To read the full report, click here.

2021 Legislation: Water Bills That Did Not Pass

HB 13 – School and Child Care Center Water Testing Requirements

Rep. Stephen G. Handy 

House Bill 13 sought to require each school and child care center to test at least 20% of their water taps for lead by December 31, 2024. The samples would be submitted to a certified laboratory for testing. The schools and child care centers would be eligible for reimbursement of the testing costs from the Division of Environmental Quality, subject to administrative rules to be drafted. If a test result showed actionable levels of lead, the school or child care center would have to take steps to stop using the water tap or reduce the lead level below actionable levels. The bill sought to appropriate $2 million from the education fund to reimburse public schools for the required testing.

HB 144 – Water Pricing Structure

Rep. Carol Spackman Moss

House Bill 144 sought to require retail water providers to create a culinary water rate structure that, by no later than January 1, 2022, considers the lot size of a customer receiving water from the retail water provider in creating a block unit, if the retail water provider provides water that may be used by the customer for outdoor use. H.B. 144 also sought to require a retail water provider to provide the foregoing lot sizes used in creating block units in billing notices, or in a notice that is distributed to customers at least annually.

HB 215 – Jordan River Improvements Amendments

Rep. Cheryl K. Acton

House Bill 215 sought to require the Jordan River Commission to work with the Utah Department of Transportation to (1) post consistent and attractive signs where a highway crosses the Jordan River; (2) develop methods to provide safe access from highways to trails along the Jordan River; and (3) develop methods to address water pollution caused by storm water running off highways into the Jordan River.

HB 364 (2nd Substitute) – Utah Lake Authority

Rep. Brady Brammer

House Bill 364 sought to create a Utah Lake Authority to replace the Utah Lake Commission and assume the responsibilities of a number of state agencies in managing the lake. Based in part on the legislation that created the Inland Port in Salt Lake County, this new Utah Lake Authority would have also been the land use authority for “all land, whether or not submerged under the waters of Utah Lake, within the lake authority and to which the state has acquired title.” The intent of the bill was to create a new authority with more teeth to address water quality and other issues that have plagued Utah Lake for years. However, the bill stalled in committee due to concerns from members of the water community who felt that more time was needed to work with the sponsor to ensure that the proposed Authority would not create unintended consequences for water management. The lake is subject to a number of agreements, decrees, and other complicated distribution systems that govern the management of the water that flows into and out of Utah Lake, including flows in the Jordan River. The Utah Water Task Force met on March 10, 2021 and created a committee of water stakeholders and experts to work with the sponsor on legislation for next session.

2021 Legislation: Water Bills That Passed

HB 14 – Water Conservancy District Amendments

Rep. Stephen G. handy

House Bill 14 amends provisions of the Election Code by creating a process for filling a vacancy on the board of a water conservancy district located in more than one county. In particular, H.B. 14 requires the district board to give notice of the vacancy to the county legislative bodies that nominated the vacating trustee; the county legislative bodies that nominated the vacating trustee to compile a list of three nominees to fill the vacancy; and the governor, with the advice and consent of the Senate, to appoint an individual to fill the vacancy from the nominees submitted.

HB 24 – State Engineer Electronic Communications

Rep. Joel Ferry

House Bill 24 allows the State Engineer to notify applicants who submit recovery permits, recharge permits, permanent change applications, temporary change applications, and proofs of appropriation through electronic notification if receipt is verifiable. Currently, the State Engineer must notify applicants through mail of due dates, approvals, rejections, notices of lapsing, and proofs of completion. This bill expands the traditional notification of mail and provides the ability of the State Engineer to “send notice electronically if receipt is verifiable.” No definition or explanation is given of the exact notification procedures that will be utilized by the State Engineer.

HB 29 (1st Substitute) – Statewide Aquatic Invasive Species Emergency Response

Rep. Keven J. Stratton

House Bill 29 tasks the Division of Wildlife Resources with developing a plan to address the potential introduction and spread of aquatic invasive species across Utah, including Dreissena mussels. The Division is required to develop the emergency response plan by August 1, 2021 and submit it to the Natural Resources, Agriculture, and Environment Interim Committee. The emergency response plan must include provisions for annual review, defining detection of aquatic invasive species, and designates the Division of Wildlife Resources as the agency that will coordinate the emergency response plan. The substituted bill requires a recommendation from the Committee to the Legislature for implementation of the emergency response plan.

HB 107 (1st Substitute) – Subdivision Plat Amendments

Rep. Joel Ferry

House Bill 107 provides land use authorities with additional information regarding the ways proposed subdivisions may impact nearby water conveyance facilities. In particular, it requires a property owner seeking plat approval from a municipality or a county to: (1) describe existing rights-of-way and recorded easements for water conveyance facilities that are located within the plat; and (2) before submitting the plat to the municipality or county, provide written notice of the subdivision to the owners of any water facilities that are located entirely or partially within the plat or within 100 feet of the plat. After a property owner submits a complete plat for review and approval, the municipality or county would then have 20 days to mail written notice to the water conveyance facility owners. The notice would request comments on how the proposed plat would impact certain aspects of the water conveyance facility, including access, maintenance, preservation of the integrity of the facility, subterranean seepage, and safety. The municipality or county would then need to wait 20 days after the date it provides written notice before acting on the plat to allow water conveyance facility owners time to provide comments. Water conveyance facility owners would not be required to submit comments, and municipalities and counties would not be bound by any comments that such facility owners may provide.

HB 131 – State Facility Energy Efficiency Amendments

Rep. Stephen G. Handy

House Bill 131 aims to improve the efficiency of utilities, including water use, at state facilities. By July 1, 2022, each state facility must provide the Division of Facilities Construction and Management with one year of water use information. The Division will then use that information to identify projects that could increase water use efficiency at state facilities. The Division will then work with the identified facilities to complete the projects.

HB 208 – Water Quality Act Amendments

Rep. Paul Ray

House Bill 208 provides legislative amendments addressing enforcement of water quality provisions. Such amendments cover three specific categories. First, the bill attributes to an organization the actions of an individual if such actions were undertaken “wholly within the scope” of the individual’s employment with the organization. Second, the bill exempts an individual “acting wholly within the scope” of his employment with an organization from liability for certain legal actions brought under state and local law. And third, the bill makes technical changes by grouping the textual definitions of “criminal negligence,” “knowingly,” “organization,” “serious bodily injury,” and “willfully” under the same subsection.

HB 297 (1st Substitute) – Colorado River Amendments

Rep. Brad R. Wilson

House Bill 297 addresses Utah’s management of its Colorado River system interests and enacts the Colorado River Authority of Utah Act. In particular, the Act creates the authority; provides for the organization and operation of the authority; establishes the authority’s powers and mission; addresses creation of a management plan; provides for rulemaking, reporting and recordkeeping; addresses Authority meetings, including closed meetings; provides for authorized advisory councils; authorizes consultations; addresses the application of certain state codes; addresses the river commissioner and chair; provides for employees, consultants, and other professionals, including an executive director; and addresses financial operations including creating a restricted account. Under the Act, the Authority may advise, support, gather information, and provide input to the river commissioner; protect, conserve, use, and develop Utah’s waters of the Colorado River system; and develop a management plan to ensure that Utah can protect and develop the Colorado River system and to work to ensure that Utah can live within the State’s apportionment of the Colorado River system.  The Authority is composed of six authority members, which include a representative of the Central Utah Area appointed by the board of the Central Utah Water Conservancy District; a representative of the Uintah Basin Area appointed jointly by the boards of the Duchesne County and Uintah Water Conservancy Districts; a representative of the Price and San Rafael Area appointed jointly by the county commission of Carbon County and the board of the Emery Water Conservancy District; a representative of the Virgin River Area appointed by the board of the Washington County Water Conservancy District; the director of the Division of Water Resources as the representative of the State of Utah Area that represents the remaining counties using the Colorado River system; and the executive director of the Department of Natural Resources as the representative of the governor.

HCR 1 – Encouraging a Balanced Approach to the Release of Water from Flaming Gorge

Rep. Scott H. Chew

House Concurrent Resolution 1 calls on the Legislature and the Governor to support the creation of a new management plan for Flaming Gorge Reservoir that allows for stakeholders to participate in the development and implementation of the plan to provide a “balanced approach to the release of water from the Flaming Gorge Dam.” It asserts that the Bureau of Reclamation’s current operation of the dam to support the Upper Colorado River Endangered Fish Recovery Program creates physical and economic impacts to the Green River stakeholders group, which consists of local communities, recreational businesses, ranchers, farmers, landowners, and individuals within the Green River corridor. The resolution states that adverse impacts include the erosion of banks, issues with sediment, the sub-saturation of private land due to high water releases, and floods over banks of the river during high flows. The resolution proposes partnerships with private entities to compensate landowners for shore recovery and efforts to recover the endangered fish species.

SB 199 (1st Substitute) – Water Amendments

Sen. Michael K. McKell

Senate Bill 199 restricts raising secondary water rates by more than 10% within a calendar year in certain circumstances. The bill also requires secondary water suppliers to establish or update a secondary water service plan that includes provisions for implementing a process of metering the use of pressurized water and submit that plan to the Division of Water Resources no later than December 31, 2025. The plan must also cover the costs of metering. Beginning January 1, 2022, secondary water suppliers must also reserve funds for the purpose of implementing metering. The Bill also empowers the Division of Water Resources to make grants, funded by an appropriation of $2 million from the General Fund, to assist secondary water providers with implementing the metering requirements. The bill directs the Legislative Water Development Commission to support efforts to develop unified state-wide water conservation and efficiency measures.

SB 225 – Navajo Water Rights Negotiation

Sen. David P. Hinkins

Senate Bill 225 is part of the completion and ratification of the Navajo Utah Water Rights Settlement Agreement. Although the agreement was executed on December 14, 2015, it did not receive the required federal congressional approval until Congress passed the Consolidated Appropriations Act of 2021. S.B. 225 requires the State Engineer to review what is referred to as a conforming agreement to complete the settlement process to ensure that it is consistent with the Navajo Utah Water Rights Settlement Agreement; recommends that the Governor sign the conforming agreement; and recommends that the Governor sign the conforming agreement before transferring money to the Navajo Nation, as contemplated in the Navajo Utah Water Rights Settlement Agreement.

SJR 14 – Federal Reserved Water Right Claims

Sen. David P. Hinkins

In tandem with S.B. 225, Senate Joint Resolution 14 outlines the development of the Navajo Utah Water Rights Settlement Agreement and specifies the steps to be taken for Utah to ratify the Agreement. Pursuant to the Agreement, the Navajo Nation is provided 81,500 acre-feet of water annually from Utah’s Colorado River allocation.

Feldman v. Salt Lake City Corporation

The Utah Supreme Court recently issued its decision in the case of Feldman v. Salt Lake City Corporation. The case focused on a wrongful death claim for a drowning in a City park.

In April 2017, Leonid and Liudmila Feldman went walking with their dogs in Parley's Historic Nature Park, which is owned by Salt Lake City. The dogs went into the creek at the East Creek Access. Mr. Feldman entered the creek to retrieve the dogs, but was swept downstream by the strong current. Ms. Feldman then entered the creek to retrieve the dogs, but was caught in the current and drowned. 

Mr. Feldmans sued the City for wrongful death. The City moved to dismiss the case under Utah's Limitations on Landowner Liability Act, which provides that a person cannot make a claim against an owner of land that has been opened to the general public without charge for injuries caused by the inherent risks of participating in a recreational activity on the land. The district court agreed with the City and dismissed the lawsuit. Mr. Feldman appealed.

The Utah Supreme Court first determined that the Act applied to wrongful death actions. The Court then determined that the Act did not violate the Wrongful Death Clause of the Utah Constitution. The Court then had to answer the question of whether Ms. Feldman's drowning in the creek was an "inherent risk" of walking in the park with her dogs. The Act defined inherent risks as "those dangers, conditions, and potentials for personal injury or property damage that are an integral and natural part of participating in an activity for a recreational purpose." The Court determined that it was unable to determine if drowning in the creek was an "integral and natural part" of entering the creek because Mr. Feldman had alleged that the dangerous current in the creek was caused by manmade developments in the creek. The Court therefore reversed the dismissal of Mr. Feldman's lawsuit and remanded the case back to the district court for additional proceedings.

To read the full opinion, click here.

 

Public Meeting Concerning the General Adjudication in Daniels Creek Area

The Utah Division of Water Rights has set a public meeting to discuss the general adjudication of water rights in the Daniels Creek area in the Provo River Division of the Utah Lake/Jordan River Drainage (Area 55, Book 11). The boundaries of the Daniels Creek adjudication area is shown on the map below. The following information is from the public meeting notice:

What: Public Meeting

Who: Water Users within the Daniels Creek area

When: February 10, 2021, 6:00 to 7:00 pm

Where: All electronic (https://waterrights.utah.gov/publicmeetings)

Purpose: In accordance with Chapter 73-4, Utah Code Annotated, and the Third Judicial District Court (Civil No. 365729850), 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 Daniels Creek 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 Daniels Creek 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 Midway area, please contact the Division of Water Rights at 801-538-5282.
Agenda:
1.  Introduction (Mike Drake, P.E. - Assistant State Engineer)
2.  Adjudication Process Presentation
3.  Public Comments and Questions

For more information regarding this meeting, click here.

2021 Legislative Preview

The 2021 Session of the Utah Legislature started today. Here are summaries of the water-related bills that have been filed so far.

H.B. 13 - School and Child Care Center Water Testing Requirements
(Rep. Stephen G. Handy)
House Bill 13 requires each school and childcare center to test at least 20% of their water taps for lead by December 31, 2024. The samples must be submitted to a certified laboratory for testing. The schools and childcare centers may be eligible for reimbursement of the testing costs from the Division of Environmental Quality, subject to administrative rules to be drafted. If a test result shows actionable levels of lead, the school or childcare center must take steps to stop using the water tap or reduce the lead level below actionable levels. The bill seeks to appropriate $2 million from the education fund to reimburse public schools for the required testing.

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

H.B. 14 - Water Conservancy District Amendments
(Rep. Stephen G. Handy)
House Bill 14 amends provisions of the Election Code by creating a process for filling a vacancy on the board of a Water Conservancy District located in more than one county. In particular, H.B. 14 requires: (1) the board to give notice of the vacancy to the county legislative bodies that nominated the vacating trustee; (2) the county legislative bodies that nominated the vacating trustee to compile a list of three nominees to fill the vacancy; and (3) the governor, with the advice and consent of the Senate, to appoint an individual to fill the vacancy from the nominees submitted.

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

H.B. 24 - State Engineer Electronic Communications
(Rep. Joel Ferry)
House Bill 24 allows the State Engineer to notify applicants who submit recovery permits, recharge permits, permanent change applications, temporary change applications, and proofs of appropriation through electronic notification if receipt is verifiable. Currently, the State Engineer must notify applicants through mail of due dates, approvals, rejections, notices of lapsing, and proofs of completion. This bill seeks to expand the traditional notification of mail and provide the ability of the State Engineer to "send notice electronically if receipt is verifiable." No definition or explanation is given of which kinds of electronic notifications with receipts would be utilized by the State Engineer. 

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

H.B. 29 - Statewide Aquatic Invasive Species Emergency Response Plan
(Rep. Keven Stratton)
House Bill 29 tasks the Division of Wildlife Resources with developing a plan to address the potential introduction and spread of aquatic invasive species across Utah, including Dreissena mussels. The Division of Wildlife Resources is required to develop the emergency response plan by August 1, 2021 and submit it to the Natural Resources, Agriculture, and Environment Interim Committee. The emergency response plan must include provisions for annual review, defining detection of aquatic invasive species, and designates the Division of Wildlife Resources as the agency that will coordinate the emergency response plan.

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

H.B. 98 - Local Government Building Regulation
(Rep. Paul Ray)
House Bill 98 would prohibit a municipality or a county from regulating certain building design elements and landscaping requirements, effectively prohibiting land use authorities enacting water-efficient land use ordinances. The bill would also allow homebuilders to opt out of building inspection requirements and site plan reviews if the homebuilder hires a licensed inspector to conduct the inspections and perform the reviews. Private inspector hired by the homebuilder could also issue a certificate of occupancy after performing the necessary reviews and inspections. Most site plan reviews encompass a number of public safety and water-related considerations, including reviews to determine that the site plan complies with applicable stormwater requirements. HB 98 would also exempt repairs to buildings that have been damaged by a natural disaster from the requirements of the State Construction Code and building permit requirements.

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

H.B. 107 - Subdivision Plat Amendments
Sponsor - Rep. Joel Ferry
House Bill 107 requires an owner of land to seek a municipality's or county's approval before recording a subdivision plat. Specifically, the owner of land must describe the utility conveyance facilities on the plat and notify the owners of these facilities before submitting the plat for approval. Utility conveyance facilities include an underground facility, a water conveyance facility, and any water conveyance facility that is located, entirely or partially, within 100 feet of the plat. After the plat is submitted, the municipality or county will contact the facility owner asking for information on access to the facility, maintenance of the facility, and other concerns.

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

H.B. 131 - State Facility Energy Efficiency Amendments
(Rep. Stephen G. Handy)
House Bill 131 aims to improve the efficiency of utilities, including water use, at state facilities. By July 1, 2022, each state facility must provide the Division of Facilities Construction and Management with one year of water use information. The Division will use that information to identify projects that could increase water use efficiency at state facilities. The Division will then work with the identified facilities to complete the projects.

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

H.B. 144 - Water Pricing Structure
(Rep. Carol Spackman Moss)
House Bill 144 modifies how tiered water rates are structured by retail water providers. By no later than January 1, 2022, retail water suppliers must create a culinary water rate structure that considers the lot size of a customer receiving water from the retail water provider in creating a block unit if the retail water provider provides water that may be used by the customer for outdoor use. H.B. 144 also requires a retail water provider to provide the foregoing lot sizes used in creating block units in billing notices, or in a notice that is distributed to customers at least annually.

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

H.B. 171 - Agricultural Land Use Regulation
(Rep. Scott Chew)
House Bill 171 seeks to restrict a municipality's or county's ability to regulate (1) crop type within certain areas and (2) industrial hemp producer licensees. First, HB 171 would prohibit a municipality or county from adopting a land use regulation, development agreement, or land use decision that restricts the type of crop that may be grown in either an agricultural zone or in land that is assessed under the Farmland Assessment Act. Second, HB 171 would prohibit a municipality or county from regulating an industrial hemp producer licensee if the regulation were in conflict of the Hemp and Cannabinoid Act, applicable case law, among other legal authority.

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

H.B. 208 - Water Quality Act Amendments
(Rep. Paul Ray)
House Bill 208 provides that if a person performs a prohibited act that results in a water quality violation when the person within the scope of their employment, then the act is attributed to the organization. The convictions of an organization can result in a fine of up to $1 million.

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

H.B. (unnumbered) - Merger of Department of Natural Resources and Department of Environmental Quality
(Rep. Casey Snider)
This bill proposes to merge the Department of Environmental Quality and the Department of Natural Resources into one agency. Proponents of the bill assert that both agencies share overlapping missions which result in redundancy and that by merging the agencies their processes could be simplified and streamlined. Opponents of the bill are concerned that this bill would diminish the authority of the officials protecting Utah's environment and that despite some overlap, these agencies have distinct and crucial missions and functions that may be lost in the merger. Currently, the Department of Environmental Quality has a budget of about $81 million, employs 350 full-time and 43 part-time employees, and houses the Divisions of Water Quality, Air Quality, Drinking Water, Environmental Response and Remediation, and Waste Management and Radiation Control. The Department of Natural Resources has a budget of about $280 million and employs between 1,100 and 1,500 (depending on the number of seasonal employees) and houses the Divisions of Forestry, Fire, and State Lands; Geological Survey; Oil, Gas and Mining; State Parks; Water Rights; Water Resources; and Wildlife Resources. Additionally, the Public Lands Policy Coordinating Office, the Office of Energy Development, and the Office of Outdoor Recreation may also be consolidated in this bill.

H.C.R. 1 - Concurrent Resolution Encouraging A Balanced Approach to the Release of Water from Flaming Gorge
(Rep. Scott Chew)
House Concurrent Resolution 1 is a resolution that calls on the Legislature and the Governor to support the creation of a new management plan for Flaming Gorge Dam to provide a "balanced approach to the release of water from the Flaming Gorge Dam." The resolution claims that the Bureau of Reclamation's current operation of the dam to support the Upper Colorado River Endangered Fish Recovery Program creates physical and economic impacts to the "Green River Stakeholders" group, which consists of local communities, recreational businesses, ranchers, farmers, landowners, and individuals within the Green River corridor. The resolution states that adverse impacts include the erosion of banks, issues with sediment, the sub-saturation of private land due to high water leases, and floods over banks of the river during high flows. The resolution proposes partnerships with private entities to compensate landowners for shore recovery and efforts to recover the endangered fish, so they are no longer endangered.

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

 

New Colorado River Commissioner for Utah

Utah Governor Spencer J. Cox has announced the appointment of Gene Shawcraft as the Utah Commissioner to the Upper Colorado River Commission. The Commission is an interstate water administrative agency of the upper basin states (Colorado, New Mexico, Utah, and Wyoming) that works to safeguard their respective rights while meeting their obligations to the lower basin states (Arizona, California, and Nevada). Mr. Shawcraft currently serves as the general manager of the Central Utah Water Conservancy District, which is the largest diverter of Colorado River water for municipal and industrial uses in Utah. Mr. Shawcraft replaces Todd Adams, the director of the Utah Division of Water Resources, who previously served as the Utah Commissioner.

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

Cedar City Valley Groundwater Management Plan

On January 11, 2021, the Utah Division of Water Rights formally adopted the Cedar City Valley Groundwater Management Plan. The primary objective of the Plan is to ensure that groundwater withdrawals in the area do not exceed the safe yield. To achieve this objective, water rights will be "phased out" over time based on priority dates. The table below shows the priority regulation schedule. The Plan does allow for water users to agree to participate in a voluntary arrangement to manage groundwater withdrawals on a system other than by priority date. 

The Plan is a significant development in the management of groundwater resources in the area, and will affect water rights and water uses in the area for several decades to come. All groundwater users in the area should be well acquainted with the Plan and what it means for their individual water rights in the future.

To read the full Plan, click here.