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.
Showing posts with label 2019 Legislation. Show all posts
Showing posts with label 2019 Legislation. Show all posts
Monday, March 4, 2019
Monday, January 28, 2019
2019 Legislative Preview
Today is the opening day of the Utah Legislature. Below is a summary of water-related legislation that will be considered during the 2019 legislative session.
House Bill 12 would remove the current “sunset provision” the Legislature enacted when it created Utah Code section 73-3-30(3), which authorized fishing groups to file fixed time change applications to provide instream flows for the Bonneville cutthroat, the Colorado River cutthroat, and the Yellowstone cutthroat. The program is currently set to expire on December 31, 2019.
House Bill 31 addresses the how municipalities are to provide water service within and beyond its municipal boundaries. The municipality must define, by ordinance, the municipality’s designated water service area, which may be an area that extends beyond the municipality’s boundaries. The municipality must adopt, by ordinance, reasonable water rates for retail customers within the area, and must provide water service to its retail customers within the designated water service area in a manner consistent with the principles of equal protection. A municipality can establish different rates for different classifications of retail customers, if the rates and classifications have a reasonable basis. If a municipality provides water to a retail customer outside of the municipality’s boundary, the municipality must create and maintain a map showing the areas outside of the municipality’s designated water service area where the municipality provides water service to a retail customer. The municipality must provide the map to the State Engineer and, if the municipality has more than 500 retail customers, post the map on the municipality’s website. If more than 10% of a large municipality’s retail customers are outside the municipal boundaries, the municipality must establish an advisory board to make recommendations regarding water rights, water projects, and water service standards. If the municipality supplies water outside of its designated water service area, it must do so only by contract that includes terms for termination, and the municipality must notify the Division of Drinking Water of the names and contact information for each person in these contracts. The bill would take effect in January 2021, provided that the constitutional amendments under HJR 1 are approved by the Legislature and by voters.
House Bill 125 makes one modification to Utah Code section73-3-8 regarding quantity impairment determinations in change application proceedings. Currently, the statute provides that there is a rebuttable presumption of quantity impairment if, for a period of seven consecutive years, a water right has not been diverted from its approved point of diversion and beneficially used at its approved place of use. The bill would change the “and” to “or.”
House Bill 143 proposes to make several amendments to UtahCode section 73-10-32 regarding water conservation plans. The proposal would require that water conservation plans prepared by water districts and retail water providers must include an evaluation of the specific measures that would have to be enacted to reduce water use to 175 gallons per capita per day or less, and how much it would cost to do so. The plans would also have to an analysis of how much it would cost in operation costs, maintenance costs, treatments costs, delivery costs, etc. to not reduce water use to 175 gallons per capita per day.
House Joint Resolution 1 proposes an amendment to Article XI, Section 6 of the Utah Constitution. The proposal would maintain the prohibition that a municipality cannot lease, sell, alienate, or dispose of any of its water rights or water supply sources. A municipality would be allowed to designate, by ordinance, the geographic limits of its designated water service area, which could be an area that extends beyond its municipal boundaries. A municipality will be allowed to supply water to retail customers outside of its municipal boundaries but within its designated water service area, as well as outside of its designated water service area through surplus water agreements. Municipalities are also allowed to exchange water rights or water supply sources for other water rights or water supply sources. If HJR 1 is passed by the Legislature, the proposed amendment will be submitted to Utah voters at the next general election.
House Joint Resolution 5 proposes edits to the water rightsdeed addenda. The proposed edits add clarification that a properly recorded water rights addendum can be processed as though it were a Report of Conveyance. If, however, the water rights addendum cannot be processed as a Report of Conveyance (e.g., if signatures are missing from the addendum, if the addendum is incorrectly filled out, or if the grantor listed on the addendum is not the recognized water right owner on the Division of Water Rights’ database), then the water right owner will need to file a Report of Conveyance in order to update title with the Division.
SB 17 – Extraterritorial Jurisdiction Amendments
Sen. Ralph Okerlund
Senate Bill 17 amends Utah Code section 10-8-15 regarding a municipality’s extraterritorial jurisdiction over waterworks and water sources. The bill maintains a municipality’s right to construct waterworks inside and outside of the municipality’s boundaries, and also maintains a municipality’s jurisdiction over its waterworks as well as streams and other water sources for a distance of 15 miles about the water source and 300 feet on each side of a stream. First class cities (which are cities with a population exceeding 100,000 residents) continue to have jurisdiction over the entire watershed, but the jurisdiction is limited to the county in which the city is located, unless there is an agreement between the first class city and the municipalities and counties that have jurisdiction over the area. The bill also requires additional notice and hearing requirements if municipalities seek to adopt ordinances under their extraterritorial jurisdiction power. Such ordinances cannot conflict with existing federal or state statutes and rules.
Senate Bill 52 enacts deadlines for metering secondary water use, which is defined as pressurized non-culinary and non-agricultural water use for the irrigation of landscaping and gardens. It would require secondary water suppliers to have all new service beginning after July 1, 2019 be metered. All existing connections will need to be metered by 2030. It would also require secondary water suppliers to report water use and other information to the Division of Water Rights before March 31 of each year and to provide monthly readings and educational material to its customers, among other things. To help offset the costs associated with installing meters, the bill would direct the Board of Water Resources to make $10 million available each year (as funded by the Legislature) in the form of loans and grants for up to 50% of the total cost (grants are limited to 16.5% of the total cost). Finally, a water user would not be able to use culinary water if secondary water is available to irrigate landscaping and gardens even though the culinary water rates may be lower.
Senate Bill 66 makes minor wording changes to Utah dam safety statutes regarding the State Engineer’s regulation of dam safety. The purpose of the bill is to clarify to that the State Engineer’s responsibility is to ensure that dams are safe so they do not fail and cause damage, but that it is not the State Engineer’s responsibility to govern use and safety of the impounded reservoirs for boating, fishing, and other recreational use.
Senate Joint Resolution 1 expresses support for a multi-stakeholder group that has been working for over a year to develop a water banking program for Utah in accordance with related recommendations from the Governor’s 2017 Recommended Water Strategy. The resolution requests draft water banking legislation for the Legislature to consider during the 2020 general session that would: (1) recognize that the majority of water rights in Utah are agricultural in nature; (2) incentivize agricultural water users to participate in water banking; (3) protect against abandonment and forfeiture for water rights placed within a water bank; (4) minimize the potential for water right impairment; and (5) ensure that water placed within a water bank may be leased or otherwise used for any lawful purpose.
HB 12 – Instream Flow Water Right Amendments
Rep. Timothy D. HawkesHouse Bill 12 would remove the current “sunset provision” the Legislature enacted when it created Utah Code section 73-3-30(3), which authorized fishing groups to file fixed time change applications to provide instream flows for the Bonneville cutthroat, the Colorado River cutthroat, and the Yellowstone cutthroat. The program is currently set to expire on December 31, 2019.
HB 31 – Water Supply and Surplus Water Amendments
Rep. Kim F. ColemanHouse Bill 31 addresses the how municipalities are to provide water service within and beyond its municipal boundaries. The municipality must define, by ordinance, the municipality’s designated water service area, which may be an area that extends beyond the municipality’s boundaries. The municipality must adopt, by ordinance, reasonable water rates for retail customers within the area, and must provide water service to its retail customers within the designated water service area in a manner consistent with the principles of equal protection. A municipality can establish different rates for different classifications of retail customers, if the rates and classifications have a reasonable basis. If a municipality provides water to a retail customer outside of the municipality’s boundary, the municipality must create and maintain a map showing the areas outside of the municipality’s designated water service area where the municipality provides water service to a retail customer. The municipality must provide the map to the State Engineer and, if the municipality has more than 500 retail customers, post the map on the municipality’s website. If more than 10% of a large municipality’s retail customers are outside the municipal boundaries, the municipality must establish an advisory board to make recommendations regarding water rights, water projects, and water service standards. If the municipality supplies water outside of its designated water service area, it must do so only by contract that includes terms for termination, and the municipality must notify the Division of Drinking Water of the names and contact information for each person in these contracts. The bill would take effect in January 2021, provided that the constitutional amendments under HJR 1 are approved by the Legislature and by voters.
HB 125 – Quantity Impairment Modifications
Rep. Carl R. AlbrechtHouse Bill 125 makes one modification to Utah Code section73-3-8 regarding quantity impairment determinations in change application proceedings. Currently, the statute provides that there is a rebuttable presumption of quantity impairment if, for a period of seven consecutive years, a water right has not been diverted from its approved point of diversion and beneficially used at its approved place of use. The bill would change the “and” to “or.”
HB 143 – Water Conservation Plan Amendment
Rep. Suzanne HarrisonHouse Bill 143 proposes to make several amendments to UtahCode section 73-10-32 regarding water conservation plans. The proposal would require that water conservation plans prepared by water districts and retail water providers must include an evaluation of the specific measures that would have to be enacted to reduce water use to 175 gallons per capita per day or less, and how much it would cost to do so. The plans would also have to an analysis of how much it would cost in operation costs, maintenance costs, treatments costs, delivery costs, etc. to not reduce water use to 175 gallons per capita per day.
HJR 1 – Proposal to Amend Utah Constitution – Municipal
Water Resources
Rep. Keven J. StrattonHouse Joint Resolution 1 proposes an amendment to Article XI, Section 6 of the Utah Constitution. The proposal would maintain the prohibition that a municipality cannot lease, sell, alienate, or dispose of any of its water rights or water supply sources. A municipality would be allowed to designate, by ordinance, the geographic limits of its designated water service area, which could be an area that extends beyond its municipal boundaries. A municipality will be allowed to supply water to retail customers outside of its municipal boundaries but within its designated water service area, as well as outside of its designated water service area through surplus water agreements. Municipalities are also allowed to exchange water rights or water supply sources for other water rights or water supply sources. If HJR 1 is passed by the Legislature, the proposed amendment will be submitted to Utah voters at the next general election.
HJR 5 – Joint Resolution Approving Notes to Water Rights
Addenda
Rep. Derrin R. OwensHouse Joint Resolution 5 proposes edits to the water rightsdeed addenda. The proposed edits add clarification that a properly recorded water rights addendum can be processed as though it were a Report of Conveyance. If, however, the water rights addendum cannot be processed as a Report of Conveyance (e.g., if signatures are missing from the addendum, if the addendum is incorrectly filled out, or if the grantor listed on the addendum is not the recognized water right owner on the Division of Water Rights’ database), then the water right owner will need to file a Report of Conveyance in order to update title with the Division.
SB 17 – Extraterritorial Jurisdiction Amendments
Sen. Ralph Okerlund
Senate Bill 17 amends Utah Code section 10-8-15 regarding a municipality’s extraterritorial jurisdiction over waterworks and water sources. The bill maintains a municipality’s right to construct waterworks inside and outside of the municipality’s boundaries, and also maintains a municipality’s jurisdiction over its waterworks as well as streams and other water sources for a distance of 15 miles about the water source and 300 feet on each side of a stream. First class cities (which are cities with a population exceeding 100,000 residents) continue to have jurisdiction over the entire watershed, but the jurisdiction is limited to the county in which the city is located, unless there is an agreement between the first class city and the municipalities and counties that have jurisdiction over the area. The bill also requires additional notice and hearing requirements if municipalities seek to adopt ordinances under their extraterritorial jurisdiction power. Such ordinances cannot conflict with existing federal or state statutes and rules.
SB 52 – Secondary Water Metering Requirements
Sen. Jacob L. AndereggSenate Bill 52 enacts deadlines for metering secondary water use, which is defined as pressurized non-culinary and non-agricultural water use for the irrigation of landscaping and gardens. It would require secondary water suppliers to have all new service beginning after July 1, 2019 be metered. All existing connections will need to be metered by 2030. It would also require secondary water suppliers to report water use and other information to the Division of Water Rights before March 31 of each year and to provide monthly readings and educational material to its customers, among other things. To help offset the costs associated with installing meters, the bill would direct the Board of Water Resources to make $10 million available each year (as funded by the Legislature) in the form of loans and grants for up to 50% of the total cost (grants are limited to 16.5% of the total cost). Finally, a water user would not be able to use culinary water if secondary water is available to irrigate landscaping and gardens even though the culinary water rates may be lower.
SB 66 – Dam Safety Amendments
Sen. Scott D. SandallSenate Bill 66 makes minor wording changes to Utah dam safety statutes regarding the State Engineer’s regulation of dam safety. The purpose of the bill is to clarify to that the State Engineer’s responsibility is to ensure that dams are safe so they do not fail and cause damage, but that it is not the State Engineer’s responsibility to govern use and safety of the impounded reservoirs for boating, fishing, and other recreational use.
SJR 1 – Joint Resolution Supporting the Study of Water
Banking in Utah
Sen. Jani IwamotoSenate Joint Resolution 1 expresses support for a multi-stakeholder group that has been working for over a year to develop a water banking program for Utah in accordance with related recommendations from the Governor’s 2017 Recommended Water Strategy. The resolution requests draft water banking legislation for the Legislature to consider during the 2020 general session that would: (1) recognize that the majority of water rights in Utah are agricultural in nature; (2) incentivize agricultural water users to participate in water banking; (3) protect against abandonment and forfeiture for water rights placed within a water bank; (4) minimize the potential for water right impairment; and (5) ensure that water placed within a water bank may be leased or otherwise used for any lawful purpose.
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