S.B. 220

1

WATER CONSERVANCY DISTRICTS -
2 SELECTION OF BOARD OF TRUSTEES
3 2007 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: Wayne L. Niederhauser
6 House Sponsor: ____________
7
8 LONG TITLE
9 General Description:
10 This bill modifies a provision relating to water conservancy district boards of trustees.
11 Highlighted Provisions:
12 This bill:
13 . modifies the process of nominating persons for selection as board of trustees
14 members for a water conservancy district comprised of five or more counties, one of
15 which is a county of the first class; and
16 . authorizes political subdivisions in a county of the first class that have water
17 contracts or petitions with the district to submit nominees for the selection of board
18 of trustees members.
19 Monies Appropriated in this Bill:
20 None
21 Other Special Clauses:
22 None
23 Utah Code Sections Affected:
24 AMENDS:
25 17A-2-1409, as last amended by Chapter 71, Laws of Utah 2005
26
27 Be it enacted by the Legislature of the state of Utah:

28 Section 1. Section 17A-2-1409 is amended to read:
29 17A-2-1409. Board of trustees -- Selection of members -- Number --
30 Qualifications -- Terms -- Vacancies -- Surety bonds -- Meetings -- Reports.
31 (1) (a) Within 45 days after entry of the decree incorporating the district, the board of
32 trustees shall be selected as provided in this Subsection (1).
33 (b) For a district that consists of a single county, the county legislative body of that
34 county shall appoint each trustee.
35 (c) (i) For a district that consists of more than a single county, the governor, with the
36 consent of the Senate, shall appoint each trustee from nominees submitted as provided in this
37 Subsection (1)(c).
38 (ii) (A) Except as provided in Subsection (1)(c)(ii)(B), in a division composed solely of
39 incorporated cities, the legislative body of each city within the division shall submit two
40 nominees per trustee.
41 (B) Notwithstanding Subsection (1)(c)(ii)(A), the legislative body of a city may submit
42 fewer than two nominees per trustee if the legislative body certifies in writing to the governor
43 that the legislative body is unable, after reasonably diligent effort, to identify two nominees
44 who are willing and qualified to serve as trustee.
45 (iii) (A) Except as provided in [Subsection] Subsections (1)(c)(iii)(B) and (C), in all
46 other divisions, the county legislative body of the county in which the division is located shall
47 submit three nominees per trustee.
48 (B) Notwithstanding Subsection (1)(c)(iii)(A), the county legislative body may submit
49 fewer than three nominees per trustee if the county legislative body certifies in writing to the
50 governor that the county legislative body is unable, after reasonably diligent effort, to identify
51 three nominees who are willing and qualified to serve as trustee.
52 (C) (I) As used in this Subsection(1)(c)(iii)(C), "nominating political subdivisions"
53 means political subdivisions of the state:
54 (Aa) within a county of the first class; and
55 (Bb) that have contracts or petitions with the water conservancy district to receive
56 water from the district.
57 (II) The governing bodies of nominating political subdivisions shall collectively submit
58 the three nominees for the county in which the nominating political subdivisions are located if:

59 (Aa) the water conservancy district consists of five or more counties; and
60 (Bb) one of the counties included within the district is a county of the first class.
61 (iv) If a trustee represents a division located in more than one county, the county
62 governing bodies of those counties shall collectively compile the list of three nominees.
63 (v) For purposes of this Subsection (1)(c), a city that is located in more than one county
64 shall be considered to be located in only the county in which more of the city area is located
65 than in any other county.
66 (d) In districts where substantial water is allocated for irrigated agriculture, one trustee
67 appointed in that district shall be a person who owns irrigation rights and uses those rights as
68 part of that person's livelihood.
69 (2) (a) The court shall establish the number, representation, and votes of trustees for
70 each district in the decree creating the district. The board of trustees of the district shall consist
71 of not more than 11 persons who are residents of the district. If the district consists of five or
72 more counties, the board of trustees shall consist of not more than 21 persons who are residents
73 of the district.
74 (b) At least 90 days before expiration of a trustee's term, the secretary of the board
75 shall:
76 (i) give written notice of vacancies in any office of trustee and of the expiration date of
77 terms of office of trustees to the county legislative body in single county districts and to the
78 nominating entities and the governor in all other districts; and
79 (ii) publish the notice in a newspaper having general circulation.
80 (c) (i) Upon receipt of the notice of the expiration of a trustee's term or notice of a
81 vacancy in the office of trustee, the legislative body of the city or the county legislative body,
82 as the case may be, shall nominate candidates to fill the unexpired term of office pursuant to
83 Subsection (1).
84 (ii) If the entity charged with nominating candidates for appointment by the governor
85 has not submitted the list of nominees within 90 days after service of the notice, the governor
86 shall make the appointment from qualified candidates without consultation with the legislative
87 body of the city or the county legislative body.
88 (iii) If the governor fails to appoint, the incumbent shall continue to serve until a
89 successor is appointed and qualified.

90 (iv) Appointment by the governor vests in the appointee, upon qualification, the
91 authority to discharge the duties of trustee, subject only to the consent of the Senate.
92 (d) Each trustee shall hold office during the term for which appointed and until a
93 successor is duly appointed and has qualified.
94 (3) Each trustee shall furnish a corporate surety bond at the expense of the district, in
95 amount and form fixed and approved by the court, conditioned for the faithful performance of
96 duties as a trustee.
97 (4) (a) A report of the business transacted during the preceding year by the district,
98 including a financial report prepared by certified public accountants, shall be filed with:
99 (i) the clerk of the district court;
100 (ii) the governing bodies of counties with lands within the district; and
101 (iii) cities charged with nominating trustees.
102 (b) No more than 14 days and no less than five days prior to the annual meeting, the
103 district shall have published at least once in a newspaper having general circulation within the
104 district:
105 (i) a notice of the annual meeting; and
106 (ii) the names of the trustees.
107 (c) The district shall have published a summary of its financial report in a newspaper
108 having general circulation within the district. The summary shall be published no later than 30
109 days after the date the audit report required under Title 51, Chapter 2a, Accounting Reports
110 from Political Subdivisions, Interlocal Organizations, and Other Local Entities Act, is required
111 to be filed with the state auditor.
112 (d) Subsections (4)(b) and (c) do not apply to districts with annual revenues of less
113 than $1,000,000.




Legislative Review Note
as of 1-29-07 8:55 AM

Office of Legislative Research and General Counsel