First Substitute H.B. 422

Representative Jackie Biskupski proposes the following substitute bill:

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

57 Section 3. Section 73-29-103 is enacted to read:
58 73-29-103. Drafting and Management Committee.
59 (1) There is created an advisory committee.
60 (2) (a) The committee shall consist of the following members:
61 (i) the governor or the governor's designee;
62 (ii) the executive director of the Department of Natural Resources;
63 (iii) the state engineer;
64 (iv) the representative designated by the Board of Water Resources, as authorized by
65 Section 73-10-3 , to represent the state at interstate conferences held to enter into compacts to
66 divide interstate waters;
67 (v) an elected official from each of the counties affected by the agreement, appointed
68 by the county's governing body;
69 (vi) a member of the House of Representatives who represents citizens affected by the
70 agreement, appointed by the speaker of the House of Representatives;
71 (vii) a member of the Senate who represents citizens affected by the agreement,
72 appointed by the president of the Senate; and
73 (viii) a holder of a water right that could be affected by the agreement, appointed by the
74 governor.
75 (b) The executive director of the Department of Natural Resources shall chair the
76 committee.
77 (c) The committee shall meet upon the call of the chair or a majority of the committee
78 members.
79 (3) (a) Except as required by Subsection (3)(b), the members appointed under
80 Subsections (2)(a)(iv) through (viii) shall be appointed for four-year terms.
81 (b) The governor shall, at the time of the appointment or reappointment, adjust the
82 length of terms to ensure that the terms of the committee members are staggered so that
83 approximately half of the committee is appointed every two years.
84 (c) (i) A vacancy exists whenever a member ceases to be a member of the Legislature
85 or an elected county official, or when a member resigns from the committee.
86 (ii) Vacancies shall be filled by the appointing authority, and the replacement shall fill
87 the unexpired term.

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

119 section.
120 (2) The state engineer, in cooperation with other divisions within the department, shall:
121 (a) inventory the vested water rights in the area affected by the interstate groundwater
122 flow system; and
123 (b) obtain current information on surface water and groundwater resources, including:
124 (i) springs;
125 (ii) seeps;
126 (iii) water flows;
127 (iv) water tables; and
128 (v) vegetation.
129 (3) The state engineer, as authorized by Sections 73-2-15 and 73-2-17 , may enter into
130 agreements to investigate the surface water and groundwater resources as required by this
131 section.
132 (4) (a) The Utah Geological Survey shall use the information collected under
133 Subsection (2) along with data from any test wells to predict and assess the impacts the project
134 will have on:
135 (i) Utah water rights;
136 (ii) the agricultural industry and other business development in the area;
137 (iii) air quality;
138 (iv) water quality; and
139 (v) Utah's ecosystem, including:
140 (A) plant life;
141 (B) wildlife; and
142 (C) sensitive or endangered species.
143 (b) The Department of Environmental Quality shall cooperate with the department in
144 making the assessment required by this section.
145 Section 5. Section 73-29-202 is enacted to read:
146 73-29-202. Executive director to sign agreement -- Legislature to ratify.
147 The executive director may not execute the agreement until:
148 (1) the inventory and assessment required by Section 73-29-201 is complete;
149 (2) the water resources study required by the Lincoln County Conservation, Recreation,

150 and Development Act of 2004, Pub. L. No. 108-424, is complete; and
151 (3) the agreement has been approved by the governor and the Legislature in a
152 concurrent resolution.
153 Section 6. Intent language.
154 It is the intent of the Legislature that if this bill and H.B. 134, School and Institutional
155 Trust Lands Amendments, both pass that the money appropriated to the Geological Survey in
156 Subsection 53C-3-203 (4) for test wells and hydrologic studies in the West Desert be used by
157 the Geological Survey to satisfy its responsibilities under Section 73-29-201 .