The 2022 Utah legislative session has ended. Here are summaries of the water-related bills that passed the legislature and have gone to the governor for signature.
HB 21 (1st Substitute, amended): School and Child Care
Center Water Testing
Rep. Stephen G. Handy
House Bill 21 requires each school and child care center to
test their water taps for lead by December 31, 2023. The samples must be
submitted for testing to a certified laboratory that has entered into a
memorandum of understanding with the Division of Water Quality. Tests are not
required for taps that have been tested within the past six years. Subject to
appropriations, the Division will pay the laboratory for the costs of the
testing. If a test result shows actionable levels of lead, the school or child
care center must take steps to stop using the water tap or reduce the lead
level below actionable levels. Administrative rules will be drafted regarding
procedures and standards for reducing the lead levels, as well as possible
grants to pay for the costs associated with remediation actions.
To read the full text of the bill, click here.
H.B. 33 (1st Substitute): Instream Flow Amendments
Rep. Joel Ferry
House Bill 33 amends Utah’s instream flow statute (Utah Code
§ 73-3-30) to allow water rights to be used to benefit Great Salt Lake levels
and other sovereign lands. Currently, the statute is limited to streams,
whereas the bill allows water rights to be used in the Great Salt Lake and
other sovereign lands if the use contributes to (1) the propagation or
maintenance of wildlife; (2) the management of state parks; or (3) the
reasonable preservation or enhancement of the natural aquatic environment. The
bill also adds the Utah Division of Forestry, Fire, and State Lands to the list
of state agencies that can file change applications under the instream flow statute,
which currently includes the Division of Wildlife Resources and the Division of
State Parks. The bill also allows right holders or water right lessees to file
change applications to support instream flows or to support sovereign lands in
accordance with the above requirements for one to ten years.
Importantly, the bill removes the so-called “priority
penalty” under the current statute, which requires the State Engineer to
administer an instream flow change application according to the date the
application was filed rather than its underlying priority date. This priority
penalty usually makes instream flow change applications the most junior water
right in the stream, which has limited the effectiveness of instream flow
applications by allowing other right holders, including junior right holders,
to divert and use water intended for instream purposes.
The bill also responds directly to the HCR 10 report, which
the Department of Natural Resources and Department of Environmental Quality
issued in 2020 in response to a request from the legislature to work with
stakeholders to identify ways to support flows to the Great Salt
Lake. Among other things, the report suggested amending Utah Code §
73-3-30 to better support the Great Salt Lake.
To read the full text of the bill, click here.
HB 37: State Water Policy Amendments
Rep. Keven J. Stratton
House Bill 37 makes a minor modification to the State’s
water policy in Utah Code section 73-1-21. The added wording is underlined in
the quoted language: “Utah will promote…continued improvements in the
management of water resources through protection, restoration, and
science-based evaluation of Utah watersheds, increased reservoir capacity, and
aquifer recharge or aquifer storage and recovery”
To read the full text of the bill, click here.
HB 121 (1st Substitute, amended): Water Conservation Modifications
Rep. Robert M. Spendlove
House Bill 121 requires all state agencies to reduce their
outdoor water use by 5% by the end of 2023 and by 25% by the end of 2026. Each
state agency must submit water use reports to the Division of Water Resources to
demonstrate their water use reduction. The water use information will be
published on a public website. The bill also prohibits state agencies from
watering between the hours of 10:00 am and 6:00 pm, follow weekly watering
guidelines issued by the Division of Water Resources, implement a leak
detection and repair program for watering systems, shut off watering systems
during rain and wind events, and perform annual evaluations on how to water
landscaping in a more effective and efficient manner.
House Bill 121 also authorizes the Division of Water
Resources to provide funding to property owners to replace lawn and turf with
drought resistant landscaping. The funding is intended to provide up to 50% of
the replacement costs and will be capped at $5 million per year. The Division
is instructed to make rules regarding what qualifies as drought resistant
landscaping and the process under which property owners will apply for the
incentive.
Finally, House Bill 121 requires the Utah Legislative Water
Development Commission to study water conservation on public and private lands.
The Commission will issue a report to the legislature by November 2022.
To read the full text of the bill, click here.
HB 131: Watershed Restoration Initiative
Rep. Gay Lynn Bennion
House Bill 131 creates the Watershed Restoration Initiative
within the Department of Natural Resources. The objectives of the initiative are
to manage, restore, and improve watershed ecosystems across the state by
focusing on watershed health and biological diversity, water quality and water
yield, and opportunities for sustainable uses of natural resources. The
initiative will develop statewide watershed restoration priorities using
ranking criteria, maintain a website that tracks watershed restoration
projects, organize a biennial statewide watershed restoration workshop, assign
funding to watershed restoration projects, provide training and technical
support for watershed restoration project managers, and provide performance
reporting on watershed restoration projects. The director of DNR will appoint a
director and provide staff for the initiative. The initiative is required to
submit an annual report to the legislature regarding funding, costs, and
performance metrics. The bill creates the Watershed Restoration Expendable
Special Revenue Fund for the initiative.
To read the full text of the bill, click here.
HB 132 (1st Substitute): Uniform Easement Relocation Act
Rep. V. Lowry Snow
House Bill 132 applies the Uniform Easement Relocation Act
to certain easements. The bill specifically does not apply to water conveyance
easements, which includes ditches, canals, flumes, pipelines, or other
watercourses used to convey irrigation water, storm water, culinary water, or
industrial water, as well as federal water project facilities. Relocation of
water conveyance easements would continue to be governed by the provisions of
Utah Code section 73-1-15.5, which was enacted in 2018.
To read the full text of the bill, click here.
HB 157 (1st Substitute): Sovereign Lands Revenue Amendments
Rep. Timothy D. Hawkes
House Bill 157 modifies the Sovereign Lands Management
Account and creates the Great Salt Lake Account, which is a restricted account
consisting of revenue deposits from mining royalties the State receives from
Great Salt Lake mineral mining. Money from the GSL Account is to be used to
manage the water levels in Great Salt Lake.
To read the full text of the bill, click here.
HB 160: State Resource Management Plan Amendments
Rep. Keven J. Stratton
House Bill 160 adopts the November 2021 statewide resource
management plan and makes minor amendments to the process under which the
Public Lands Policy Coordinating Office may propose modifications to the plan.
The bill requires legislative approval for any modifications to the plan.
To read the full text of the bill, click here.
HB 166 (1st Substitute): Water Facility Amendments
Rep. Christine F. Watkins
House Bill 166 modifies criminal and civil penalties related
to interfering with water facilities. The bill provides more comprehensive
definitions of an improper connection to a water facility and provides that a
person is guilty of a crime if the person knowingly (rather than maliciously)
makes an improper connection to a water facility. The bill also adds that a
person who commits an improper connection can be ordered to pay reasonable
costs and attorney fees in a civil action brought against the person. Finally,
the bill exempts governmental entities from the definition of “person” under
the statute, but does not limit or impair a claim by a water facility owner
against a governmental entity.
To read the full text of the bill, click here.
HB 168: Preferences of Water Rights Amendments
Rep. Carl R. Albrecht
House Bill 168 creates several new statutes regarding
preferences of water rights. The State Engineer is required to work with
stakeholders to study how the State should address preferred uses of water
during temporary water shortage emergencies, including the process for whether
and how a water use may be given a preference and how to compensate water right
owners who are adversely affected by such preferences. The State Engineer is to
report its findings by November 2022. The bill provides clarification regarding
executive orders of the governor declaring a temporary water shortage emergency
and provides that in such an emergency, a preference is given to water used for
drinking, sanitation, generation of electricity, and fire suppression –
provided that the water is used without unnecessary waste. Water use for
agricultural purposes, including irrigation and livestock watering, is given a
preference over other water uses. A person using water preferentially is
obligated to pay an affected water right owner for the reasonable value of the
water use interrupted, crop losses, and other consequential damages. Finally,
the bill authorizes the State Engineer to make rules regarding the preferences
of water rights and payments for affected water right owners.
To read the full text of the bill, click here.
HB 173 (amended): Jordan River Recreation Area Amendments
Rep. Mike Winder
House Bill 173 allows the Division of Forestry, Fire, and
State Lands to issue a five-year grant to a zoo, aviary, nature center, or
other educational program located within the Jordan River Recreation Area. The
grant can be renewed every five years. The bill appropriates $190,000 to fund
the grant.
To read the full text of the bill, click here.
HB 177: Water Well Amendments
Rep. Joel Ferry
House Bill 177 provides that the State Engineer may not
exempt a water well from regulation based on well depth. Historically, the
State Engineer has exempted wells that are less than 30 feet deep from
regulation for drilling, construction, deepening, repair, renovation, cleaning,
and abandonment. This exemption has caused confusion, as many people
incorrectly believe that they do not need a water right if they have a well
that is less than 30 feet deep. This bill will ensure that all water wells – not
matter how shallow – will be properly regulated by the State Engineer.
To read the full text of the bill, click here.
HB 232 (2nd Substitute, amended): Utah Lake Authority
Rep. Brady Brammer
House Bill 232 creates the Utah Lake Authority and defines
the Authority’s purposes, powers, duties, policies, and objectives. The
Authority is an independent public entity that will supplant and replace the
current Utah Lake Commission by May 2023. The Authority will have land use
authority over publicly owned land within the Authority boundary and will work
with other governmental entities to improve the water quality of Utah Lake. The
Authority has no jurisdictional control or power over other governmental
entities; the regulation of water quality, water rights, water storage and
delivery; and water facilities that the Authority does not own. The Authority
is instructed to work with state and local entities, property owners, water
right owners, and other stakeholders to (1) develop and implement a management
plan for Utah Lake, (2) plan and facilitate the management of Utah Lake uses,
and (3) manage any land owned or leased by the Authority that is not sovereign
land. The management plan cannot interfere with water rights, water projects,
or water facilities associated with Utah Lake. The Authority will be governed
by a 15-member board including two members appointed by the governor (including
one from the Governor’s Office of Economic Opportunity), one member of the
Senate appointed by the Senate president, one member of the House appointed by
the Speaker of the House, one member from the Utah County Council, eight board
members appointed by the Utah County Council of Governments (including one selected
from nominees provided by the chambers of commerce in Utah County and four
elected officials from municipalities adjacent to Utah Lake), one member
appointed by the director of the Department of Natural Resources, and one
member appointed by the director of the Department of Environmental Quality.
To read the full text of the bill, click here.
HB 240 (2nd Substitute, amended): Utah Lake Amendments
Rep. Keven J. Stratton
House Bill 240 amends the Utah Lake Restoration Act by
requiring the Division of Forestry, Fire, and State Lands to prepare
recommendations for standards, criteria, and thresholds to more specifically
define the objectives which need to be met for the Division to recommend the
disposal of state sovereign land in and around Utah Lake as compensation for
implementation of a project to restore Utah Lake. These objectives include
restoring the clarity and quality of the water, conserving water resources,
preserving the lake’s water storage and water supply functions, removing
invasive plant and animal species, restoring and conserving native fish,
improving navigability of the lake, maximizing recreation access, preserving
current water rights, or otherwise improving the lake for residents and
visitors. Any recommendation by the Division to dispose of sovereign lands would
be made to the governor and the legislature, who could approve the disposal
through the adoption of a concurrent resolution – provided the recommended
disposal is fiscally sound, constitutionally sound, and meets the delineated
objectives.
To read the full text of the bill, click here.
HB 242 (2nd Substitute): Secondary Water Metering Amendments
Rep. Val L. Peterson
House Bill 242 continues the evolution of secondary water
metering requirements in Utah. The bill continues to require that beginning
April 1, 2020, all new secondary water connections in first and second class
counties must be metered. The bill adds that beginning May 4, 2022, all new
secondary water connections in third, fourth, fifth, and sixth class counties
must be metered. The bill also requires that all existing secondary water
connections must be metered by January 1, 2030. (Previously, the target date
was 2040.) If a secondary water provider does not meet the 2030 deadline, the
provider will not receive state money for water projects and will be subject to
an enforcement action (and associated fines) by the State Engineer. The bill
provides limited exceptions to the metering requirement. The Board of Water
Resources is authorized to issue grants to secondary water suppliers to help
with the cost of installing meters. A grant cannot exceed 70% of the costs and is
capped at $5 million for suppliers with 7,000 connections or less and $10
million for suppliers with more than 7,000 connections. Meters purchased with
grant money must allow for data communication that is available to the end user
and that can be integrated with third-party providers. The bill also allows for
retroactive grants up to $2 million for suppliers who have already installed
secondary water meters. The Board of Water Resources is authorized to make
rules establishing the procedures for applying for a grant. The fiscal note
provides for more than $250 million in state funding to go toward secondary
water metering grants.
To read the full text of the bill, click here.
HB 263 (amended): Utah Watersheds Council Amendments
Rep. Scott H. Chew
House Bill 263 adds a new member to the Utah Watersheds
Council. The new member will be an attorney who is licensed to practice law in
Utah and who has recognized expertise in water law. The new member will be
selected by the governor from a list of three individuals provided by the
director of the Department of Natural Resources, the director of the Department
of Environmental Quality, and the commissioner of the Department of Agriculture
and Food.
To read the full text of the bill, click here.
HB 269 (3rd Substitute): Capital Assets Related to Water
Rep. Keven J. Stratton
House Bill 269 requires water providers (defined as retail
water suppliers or water conservancy districts) and wastewater service providers
to adopt a capital asset management plan as a condition to receiving state or
federal financing or grants to be used for water or wastewater infrastructure
improvements. The Drinking Water Board is tasked with making rules to establish
the elements of a capital asset management plan for retail water providers, the
Board of Water Resources is tasked with making similar rules for water
conservancy districts, and the Water Quality Board is tasked with making
similar rules for wastewater providers. Water providers are also required to
participate in regular infrastructure needs surveys and evaluations.
To read the full text of the bill, click here.
HB 326 (1st Substitute, amended): State Innovation
Amendments
Rep. Robert M. Spendlove
House Bill 326 creates the Strategic Innovation Grant Pilot
Program within the Governor’s Office of Economic Opportunity to award grants to
businesses to implement projects that address air quality or water
conservation. The Office will administer the program in consultation with the
Division of Air Quality and the Division of Water Resources. Businesses that
participate in the program and receive grants will have to submit independent
evaluations to show that the projects are meeting the correct targets and
benchmarks. Projects will be prioritized if they offer strategic and innovative
solutions for achieving the intended outcomes and that demonstrate matching
funds from private entities. The bill instructs the Office to make rules to
administer the program.
To read the full text of the bill, click here.
HB 334: State Engineer Modifications
Rep. Timothy D. Hawkes
House Bill 334 clarifies that the State Engineer can employ
more than one Deputy State Engineer. The bill also appropriates $530,000
ongoing for additional staff and $300,000 one-time for equipment. The bill is
intended, in part, to allow the State Engineer to create a new position for a
Deputy State Engineer over the Great Salt Lake.
To read the full text of the bill, click here.
HB 377: Water Rights Adjudication Amendments
Rep. Mike L. Kohler
House Bill 377 provides the State Engineer with additional
tools within the general adjudication process. If a claimant asserts a water
right in a general adjudication, the State Engineer can now serve the claimant with
a request for additional information supporting the claimed water right. A
claimant must respond to the request for information within 30 days, unless the
claimant and State Engineer agree in writing to extend the deadline. Failure to
provide the requested information could result in the State Engineer
recommending disallowance of the water right. The bill also authorizes the
State Engineer to seek an interlocutory judgment from the court on all water
rights in the proposed determination that do not receive an objection.
To read the full text of the bill, click here.
HB 393 (1st Substitute): Water Reporting Amendments
Rep. Joel Ferry
House Bill 393 requires the State Engineer to commission a
study to determine the quantitative impacts to the state’s water cycle from
electrolysis (i.e., the process of using electricity to split water into
hydrogen and oxygen), the generation of electricity by burning hydrogen
resulting from electrolysis, and the generation of electricity by burning a
blend of natural gas and hydrogen. The impacts should be compared with the
impacts to the water cycle from other forms of energy production, including
burning coal, burning natural gas, solar energy, and wind energy. The State
Engineer must report the findings of the study to the legislature by November
1, 2022. The bill appropriates $150,000 for this project.
The bill also provides that the State Engineer may conduct a
review of distribution and accounting procedures on a river system in the
state. After conducting a review, the State Engineer must provide a report
containing specified information about the water rights, diversions,
reservoirs, water accounting practices, and recommendations. The bill
appropriates $80,000 for this project.
To read the full text of the bill, click here.
HB 410 (amended): Great Salt Lake Watershed Enhancement
Rep. Brad R. Wilson
House Bill 410 creates the Great Salt Lake Watershed
Enhancement Program to issue grant money create a water trust that will implement
projects, programs, or voluntary arrangements to retain and enhance water flows
to the Great Salt Lake; conserve and restore upstream habitats; enhance and
preserve the Great Salt Lake watershed; and otherwise improve the Great Salt
Lake. The bill appropriates $40 million for the Division to award as a one-time
grant to two or more eligible non-profit conservation groups to establish the water
trust. The bill gives the criteria for the eligible applicant, and the
applicants will be evaluated and ranked by the Division in consultation with
Great Salt Lake Advisory Council and the director of the Division of Water
Quality. The Division is required to make administrative rules to administer
the Program, and the Division will oversee the water trust to ensure it is
accomplishing the outlined goals.
To read the full text of the bill, click here.
HB 423 (2nd Substitute): Department of Agriculture and Food
Amendments
Rep. Joel Ferry
House Bill 423 allows the Department of Agriculture and Food
to borrow up to $3 million from the Agricultural Water Optimization Account to
make loans through a disaster relief program designed to aid the sustainability
of agriculture during and immediately following a natural disaster. The amounts
borrowed must be repaid with interest, and repayment to the Account has
preference over repayment of other fund sources.
To read the full text of the bill, click here.
HB 429 (amended): Great Salt Lake Amendments
Rep. Kelly B. Miles
House Bill 429 requires the Division of Water Resources to
develop an integrated surface and ground water assessment for the Great Salt
Lake watershed. The assessment is to evaluate and forecast the quantity of
water available for human, agricultural, environmental, and in-stream needs;
identify and evaluate best management practices to provide a reliable water
supply; investigate the potential benefits of forest management and watershed
restoration; and address other matters provided in a work plan. The assessment
should include a water budget for the Great Salt Lake and its wetlands. The
Division should complete the assessment by November 2026 and present it to the
legislature and the Great Salt Lake Advisory Council. The final report will be
published by December 2027. The bill appropriates $5 million for the Division
to complete the assessment.
To read the full text of the bill, click here.
HCR 10: Interlocal Agreement Creating the Jordan River
Commission
Rep. Cheryl K. Acton
House Concurrent Resolution 10 gives approval to the
Department of Transportation to enter into an interlocal cooperation agreement
to join the Jordan River Commission.
To read the full text of the bill, click here.
SB 31: Water Rights Proofs on Small Amounts of Water
Sen. Scott D. Sandall
Senate Bill 31 grants the State Engineer the ability, under
certain circumstances, to issue a certificate on a water right for a small
amount of water even when the proof does not conform to the underlying approved
application. The State Engineer is able to issue these certificates for nonconforming
proofs only if the discrepancy between the proof and the underlying application
does not impair existing rights, and: the actual point of diversion in the
proof is within 660 feet of the point of diversion described in the underlying
application and is located on the same parcel; the place of use represented in
the proof is located in a quarter-quarter section or lot that is adjacent to
the place of use in the underlying approved application; or the purpose of use in
the proof is adjusted without exceeding the approved amount of water.
To read the full text of the bill, click here.
SB 89: Water Amendments
Sen. Jani Iwamoto
Senate Bill 89 amends Utah Code section 73-10-32 regarding
the adoption of water conservation plans by retail water suppliers with at
least 500 connections and water conservancy districts (which are both defined
as “water providers” in the bill). The substantive changes made in the bill
include a requirement that the Division of Water Resources adopt, by rule,
regional water conservation goals that are developed by the Division and
reevaluated every ten years. Water providers must adopt conservation goals in
their water conservation plans that are at least as stringent as the regional
goals, or provide a reasonable justification for why the water providers’ goals
cannot meet the regional goals. Retail water suppliers must also include their
rate structures in their water conservation plans. The plans must be posted on
the water providers’ websites.
To read the full text of the bill, click here.
SB 110 (1st Substitute, amended): Water as Part of General
Plan
Sen. Michael K. McKell
Senate Bill 110 requires cities (except fifth class cities
and towns) and counties to include a water use and preservation element in
their general plans. The bill provides that a planning commission should
consider applicable regional water conservation goals. The bill also contains a
long list of recommendations that should be included in a water use and
preservation element, including landscaping options for parkstrips that do not
include lawn or turf, changes to land use ordinances to improve water
efficiency, and water supply planning.
To read the full text of the bill, click here.
SB 160 (1st Substitute, amended): Colorado River Authority
of Utah Amendments
Sen. Ronald M. Winterton
Senate Bill 160 modifies the membership of the Colorado
River Authority of Utah by adding a seventh member who will represent tribal
interests. The member will be appointed by the governor and be a member of a
federally recognized tribe located in Utah within the Colorado River system.
The bill also requires the Authority to seek an appropriate
government-to-government relationship with all federally recognized tribes
located in the Colorado River system.
To read the full text of the bill, click here.
SB 221 (2nd Substitute): Water Related Sales and Use Tax
Amendments
Sen. David P. Hinkins
Senate Bill 221 creates the Water Rights Restricted Account.
The Division of Water Rights will use money from the Account to fund water
right adjudications, including employing technical staff, acquiring equipment,
paying for legal support, and conducting studies. The bill appropriates $4.3
million to the Account.
To read the full text of the bill, click here.
SB 254 (amended): Government Records Access Revisions
Sen. Kirk A. Cullimore
Senate Bill 254 modifies provision of the Government Records
Access and Management Act (“GRAMA”). Under the bill, certain records of a
drinking water or wastewater facility—including engineering and architectural
drawings of the drinking water and wastewater facility and security
information—are classified as protected records.
To read the full text of the bill, click here.
