H.B. 422

1

PREREQUISITES FOR UTAH ENTERING AN
2 AGREEMENT TO DIVIDE GROUNDWATER
3 WITH ANOTHER STATE
4 2007 GENERAL SESSION
5 STATE OF UTAH
6 Chief Sponsor: Jackie Biskupski
7 Senate Sponsor: ____________
8
9 LONG TITLE
10 General Description:
11 This bill establishes the criteria and requirements for an agreement to divide
12 groundwater with another state.
13 Highlighted Provisions:
14 This bill:
15 . defines terms;
16 . creates an advisory committee and specifies its duties;
17 . requires the state engineer to conduct a water inventory in the project area;
18 . requires the Utah Geological Survey, in conjunction with the Department of
19 Environmental Quality, to assess the agreement's potential impact; and
20 . authorizes the executive director of the Department of Natural Resources to sign an
21 agreement dividing groundwater with another state only after:
22 . certain studies are complete; and
23 . the governor and the Legislature approve the agreement.
24 Monies Appropriated in this Bill:
25 None
26 Other Special Clauses:
27 None

28 Utah Code Sections Affected:
29 ENACTS:
30 73-29-101, Utah Code Annotated 1953
31 73-29-102, Utah Code Annotated 1953
32 73-29-103, Utah Code Annotated 1953
33 73-29-201, Utah Code Annotated 1953
34 73-29-202, Utah Code Annotated 1953
35
36 Be it enacted by the Legislature of the state of Utah:
37 Section 1. Section 73-29-101 is enacted to read:
38 CHAPTER 29. INTERSTATE GROUNDWATER ACT
39 Part 1. General Provisions
40 73-29-101. Title.
41 This chapter is known as the "Interstate Groundwater Act."
42 Section 2. Section 73-29-102 is enacted to read:
43 73-29-102. Definitions.
44 As used in this chapter:
45 (1) "Agreement" means the agreement between Utah and Nevada to divide the water
46 resources of an interstate groundwater flow system required by the Lincoln County
47 Conservation, Recreation, and Development Act of 2004, Pub. L. No. 108-424.
48 (2) "Committee" means the advisory committee created in Section 73-29-103 .
49 (3) "Department" means the Department of Natural Resources.
50 (4) "Executive director" means the executive director of the Department of Natural
51 Resources.
52 (5) "Project" means the withdrawal and transbasin diversion of water from the
53 interstate groundwater flow system.
54 (6) "Utah Geological Survey" is the survey created in Section 63-73-5 .
55 Section 3. Section 73-29-103 is enacted to read:
56 73-29-103. Drafting and Management Committee.
57 (1) There is created an advisory committee.
58 (2) (a) The committee shall consist of the following members:

59 (i) the governor or the governor's designee;
60 (ii) the executive director of the Department of Natural Resources;
61 (iii) the state engineer;
62 (iv) the representative designated by the Board of Water Resources, as authorized by
63 Section 73-10-3 , to represent the state at interstate conferences held to enter into compacts to
64 divide interstate waters;
65 (v) an elected official from each of the counties affected by the agreement, appointed
66 by the county's governing body;
67 (vi) a member of the House of Representatives who represents citizens affected by the
68 agreement, appointed by the speaker of the House of Representatives;
69 (vii) a member of the Senate who represents citizens affected by the agreement,
70 appointed by the president of the Senate; and
71 (viii) a holder of a water right that could be affected by the agreement, appointed by the
72 governor.
73 (b) The executive director of the Department of Natural Resources shall chair the
74 committee.
75 (c) The committee shall meet upon the call of the chair or a majority of the committee
76 members.
77 (3) (a) Except as required by Subsection (3)(b), the members appointed under
78 Subsections (2)(a)(iv) through (viii) shall be appointed for four-year terms.
79 (b) The governor shall, at the time of the appointment or reappointment, adjust the
80 length of terms to ensure that the terms of the committee members are staggered so that
81 approximately half of the committee is appointed every two years.
82 (c) (i) A vacancy exists whenever a member ceases to be a member of the Legislature
83 or an elected county official, or when a member resigns from the committee.
84 (ii) Vacancies shall be filled by the appointing authority, and the replacement shall fill
85 the unexpired term.
86 (4) (a) (i) A member who is not a government employee may not receive compensation
87 or benefits for the member's service, but may receive per diem and expenses incurred in the
88 performance of the member's official duties at rates established by the Division of Finance
89 under Sections 63A-3-106 and 63A-3-107 .

90 (ii) A member may decline to receive per diem and expenses for the member's service.
91 (b) (i) A state government officer and employee member who does not receive salary,
92 per diem, or expenses from the agency the member represents for the member's service may
93 receive per diem and expenses incurred in the performance of the member's official duties at
94 the rates established by the Division of Finance under Sections 63A-3-106 and 63A-3-107 .
95 (ii) A state government officer and employee member may decline to receive per diem
96 and expenses for the member's service.
97 (c) (i) A local government member who does not receive salary, per diem, or expenses
98 from the entity that the member represents for the member's service may receive per diem and
99 expenses incurred in the performance of the member's official duties at the rates established by
100 the Division of Finance under Sections 63A-3-106 and 63A-3-107 .
101 (ii) A local government member may decline to receive per diem and expenses for the
102 member's service.
103 (d) A legislative member of the committee may receive a salary and expenses paid in
104 accordance with Section 36-2-2 and legislative rule.
105 (5) The Department of Natural Resources shall provide staff support to the committee.
106 (6) The committee shall:
107 (a) advise the executive director in the negotiation and drafting of the agreement;
108 (b) review the inventory and assessment required by Section 73-29-201 ;
109 (c) recommend any additional studies; and
110 (d) oversee the implementation and enforcement of the agreement as long as the
111 project affects the interstate groundwater flow system.
112 Section 4. Section 73-29-201 is enacted to read:
113 Part 2. Agreement Requirements
114 73-29-201. Inventory and assessment required.
115 (1) Before the executive director may sign the agreement, as authorized by Section
116 73-29-202 , the department shall complete the inventory and assessment required by this
117 section.
118 (2) The state engineer, in cooperation with other divisions within the department, shall
119 conduct a comprehensive inventory of the area affected by the interstate groundwater flow
120 system including:

121 (a) all recorded water rights;
122 (b) all vested water rights;
123 (c) historical and current water uses;
124 (d) baseline surface and groundwater conditions on both private and public property,
125 including:
126 (i) springs;
127 (ii) seeps;
128 (iii) water flows, including perennial and intermittent surface streams;
129 (iv) water tables;
130 (v) vegetation; and
131 (vi) wet meadows and wetlands.
132 (3) The state engineer, as authorized by Sections 73-2-15 and 73-2-17 , may enter into
133 agreements to investigate the surface water and groundwater resources as required by this
134 section.
135 (4) (a) The Utah Geological Survey shall use the information collected under
136 Subsection (2) to develop a model to predict and assess the impacts the project will have on:
137 (i) Utah water rights;
138 (ii) the agricultural industry and other business development in the area;
139 (iii) air quality;
140 (iv) water quality; and
141 (v) Utah's ecosystem, including:
142 (A) plant life;
143 (B) wildlife; and
144 (C) sensitive or endangered species.
145 (b) The Department of Environmental Quality shall cooperate with the department in
146 making the assessment required by this section.
147 Section 5. Section 73-29-202 is enacted to read:
148 73-29-202. Executive director to sign agreement -- Legislature to ratify.
149 The executive director may not execute the agreement until:
150 (1) the inventory and assessment required by Section 73-29-201 is complete;
151 (2) the water resources study required by the Lincoln County Conservation, Recreation,

152 and Development Act of 2004, Pub. L. No. 108-424, is complete; and
153 (3) the agreement has been approved by the governor and the Legislature in a
154 concurrent resolution.




Legislative Review Note
as of 1-30-07 12:02 PM

Office of Legislative Research and General Counsel