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.
Posts
