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.