Section 1, Section 63I-1-273 is amended to read:63I-1-273. Repeal dates: Title 73.(1)Subsection 73-1-4(2)(e)(xi), regarding a water right subject to an approved change application for use within a water bank that has been authorized but not dissolved, is repealed December 31, 2030.(2)Subsection 73-10-4(1)(h)73-10-4(1)(i), regarding management of an application to create a water bank, is repealed December 31, 2030.(3)Section 73-10-39, Study and recommendations related to the financing of water infrastructure, is repealed July 1, 2027.(4)Title 73, Chapter 10g, Part 2, Agricultural Water Optimization, is repealed July 1, 2028.(5)Title 73, Chapter 10g, Part 7, Utah Water Agent, is repealed July 1, 2034.(6)Section 73-18-3.5, Advisory council, is repealed July 1, 2029.(7)Title 73, Chapter 27, Legislative Water Development Commission, is repealed January 1, 2031.(8)Title 73, Chapter 31, Water Banking Act, is repealed December 31, 2030.(9)Section 73-32-302, Advisory council created -- Staffing -- Per diem and travel expenses -- Annual conflict of interest disclosure statement -- Exception -- Penalties, is repealed July 1, 2027.(10)Section 73-32-303, Duties of the council, is repealed July 1, 2027.

Section 2, Section 73-5-1 is amended to read:73-5-1. Appointment of water commissioners -- Procedure.(1)(a)If, in the judgment of the state engineer or the district court, it is necessary to appoint a water commissioner for the distribution of water from any river system or water source, the commissioner shall be appointed for a four-year term by the state engineer.(b)The state engineer shall determine whether all or a part of a river system or other water source shall be served by a commissioner, and if only a part is to be served, the state engineer shall determine the boundaries of that part.(c)The state engineer may appoint:(i)more than one commissioner to distribute water from all or a part of a water source; or(ii)a single commissioner to distribute water from several separate and distinct water sources.(d)A water commissioner appointed by the state engineer under this section is:(i)an employee of the Division of Water Rights;(ii)an appointed officer under Subsection 49-13-102(5)(b)(iii), if the water commissioner meets the requirements for a regular full-time employee under Subsection 49-13-102(5)(a);(iii)eligible for health and retirement benefits as determined by the water commissioner's distribution system committee, if the water commissioner is a regular full-time employee as that term is defined in Section 49-13-102; and(iv)exempt from Title 63A, Chapter 17, Utah State Personnel Management Act.(ii)career service exempt under Subsection 63A-17-301(1)(k); and(iii)exempt under Subsection 63A-17-307(2)(f) from the classified service provisions of Section 63A-17-307.(2)(a)The state engineer shall consult with the water users before appointing a commissioner. The form of consultation and notice to be given shall be determined by the state engineer so as to best suit local conditions, while providing for full expression of majority opinion.(b)The state engineer shall act in accordance with the recommendation of a majority of the water users, if the majority of the water users:(i)agree upon:(A)a qualified individual to be appointed as a water commissioner;(B)the duties the individual shall perform; and(C)subject to the requirements of Title 49, Utah State Retirement and Insurance Benefit Act, the compensation the individual shall receive; and(ii)submit a recommendation to the state engineer on the items described in Subsection (2)(b)(i).(c)If a majority of water users do not agree on the appointment, duties, or compensation, the state engineer shall make a determination for them.(3)(a)(i)The salary and expenses of the commissioner and all other expenses of distribution, including printing, postage, equipment, water users' expenses, and any other expenses considered necessary by the state engineer, shall be borne pro rata by the users of water from the river system or water source in accordance with a schedule to be fixed by the state engineer.(ii)The schedule shall be based on the established rights of each water user, and the pro rata share shall be paid by each water user to the state engineer on or before May 1 of each year.(b)The payments shall be deposited in the Water Commissioner Fund created in Section 73-5-1.5.(c)If a water user fails to pay the assessment as provided by Subsection (3)(a), the state engineer may do any or all of the following:(i)create a lien upon the water right affected by filing a notice of lien in the office of the county recorder in the county where the water is diverted and bring an action to enforce the lien;(ii)forbid the use of water by the delinquent water user or the delinquent water user's successors or assignees, while the default continues; or(iii)bring an action in the district court for the unpaid expense and salary.(d)In any action brought to collect any unpaid assessment or to enforce any lien under this section, the delinquent water user shall be liable for the amount of the assessment, interest, any penalty, and for all costs of collection, including all court costs and a reasonable attorney fee.(4)(a)A commissioner may be removed by the state engineer for cause.(b)The users of water from any river system or water source may petition the district court for the removal of a commissioner and after notice and hearing, the court may order the removal of the commissioner and direct the state engineer to appoint a successor.

Section 3, Section 73-10-4 is amended to read:73-10-4. Powers and duties of board.(1)The board shall have the following powers and duties to:(a)authorize studies, investigations, and plans for the full development, use, and promotion of the water and power resources of the state, including preliminary surveys, stream gauging, examinations, tests, and other estimates either separately or in consultation with federal, state and other agencies;(b)enter into contracts subject to the provisions of this chapter for the construction of conservation projectsor purchase of a project that in the opinion of the board will conserve and use for the best advantage of the people of this state the water and power resources of the state, including projects beyond the boundaries of the state of Utah located on interstate waters when the benefit of such projects accrues to the citizens of the state;(c)sue and be sued in accordance with applicable law;(d)enter into a contract that the Utah water agent, appointed under Section 73-10g-702, recommends for a water augmentation project under Section 73-10g-703;(d)(e)cooperate with the Utah water agent, appointed under Section 73-10g-702, in matters affecting interstate compact negotiations and the administration of the compacts affecting the waters of interstate rivers, lakes and other sources of supply, with the exception of:(i)the waters of the Colorado River system that are governed by Title 63M, Chapter 14, Colorado River Authority of Utah Act; or(ii)state representation under:(A)the Bear River Compact as provided in Section 73-16-4; or(B)the Columbia Interstate Compact as provided in Section 73-19-9;(e)(f)contract with federal and other agencies and with the National Water Resources Association and to make studies, investigations and recommendations and do all other things on behalf of the state for any purpose that relates to the development, conservation, protection and control of the water and power resources of the state;(f)(g)consult and advise with the Utah Water Users' Association and other organized water users' associations in the state;(g)(h)consider and make recommendations on behalf of the state of reclamation projects or other water development projects for construction by any agency of the state or United States and in so doing recommend the order in which projects shall be undertaken; or(h)(i)review, approve, and revoke an application to create a water bank under Chapter 31, Water Banking Act, collect an annual report, maintain the water banking website, and conduct any other function related to a water bank as described in Chapter 31, Water Banking Act.(2)Nothing contained in this section shall be construed to impair or otherwise interfere with the authority of the state engineer granted by this title, except as specifically otherwise provided in this section.

Section 4, Section 73-10g-701 is amended to read:73-10g-701. Definitions.As used in this part:(1)"Council" means the Water District Water Development Council created pursuant to Section 11-13-228.(2)"Division" means the Division of Water Resources.(3)"State or local entity" means:(a)a department, division, commission, agency, or other instrumentality of state government; or(b)a political subdivision or the political subdivision's instrumentalities.(4)"Water agent" means the Utah water agent appointed by the governor under Section 73-10g-702.(5)"Water augmentation project" means a project on interstate waters that increases or impacts the amount of water available in this state.

Section 5, Section 73-10g-703 is amended to read:73-10g-703. Powers and duties of water agent.(1)(a)Subject to Subsection (1)(b) and in In consultation with the speaker of the House of Representatives, president of the Senate, and governor, the water agent shall explore and negotiate with officials of other states, tribes, and other government entities regarding possible water importationaugmentation projects, including:(i)for the citizens of Utah, representing the state concerning waters of out-of-state rivers, lakes, and other sources of supply of waters except when representation is otherwise provided in statute;(ii)identifying potential out-of-state water resources, including land or a facility necessary for the use of the water resources;(iii)working with the council and division to match the water resources described in Subsection (1)(a)(ii) to needs identified by the council or division;(iv)establishing a strategy to designate what out-of-state water resources to pursue and how to execute that strategy;(v)negotiating directly with out-of-state partners to execute the strategy described in Subsection (1)(a)(iv);(vi)represent the state in interstate conferences between the state and one or more sister states held for the purpose of entering into compacts between such states for the division of the waters of interstate rivers, lakes, or other sources of water supply, and to represent the state upon commissions or other governing bodies provided for by any compacts that have been or may be entered into between the state and one or more sister states, except that a compact is not binding on the state until the compact is ratified and approved by the Legislature and the legislatures of other states that are parties to the compact;(vii)recommending to the Legislature and to the council actions that may assist in the development of, strategies for, and execution of water importationaugmentation projects; and(viii)annually reporting findings and recommendations to:(A)the governor;(B)the president of the Senate;(C)the speaker of the House of Representatives;(D)the Legislative Water Development Commission created in Section 73-27-102;(E)the Natural Resources, Agriculture, and Environment Interim Committee; and(F)the Board of Water Resources created in Section 73-10-1.5.(b)The water agent may not act under this section in relation to interests governed by interstate compacts in which Utah is a party, such as the 1922 and 1948 Colorado River Compacts and the 1980 Amended Bear River Compact.(b)The water agent may recommend to the Board of Water Resources, created in Section 73-10-1.5, a water augmentation project that the water agent negotiates under this section, if the water augmentation project is in the best interest of the people of this state and the state's water resources.(2)The water agent shall consult and work with the council, state entities, the Colorado River Authority of Utah, and other bodies established by the state for interstate water negotiations.(3)Subject to Title 63G, Chapter 2, Government Records Access and Management Act, upon request of the water agent, a state or local entity shall provide to the water agent a document, report, or information available within the state or local entity.(4)The water agent may negotiate with tribes in accordance with this section, except to the extent that the water at issue comes from the Colorado River.(5)This chapter may not be interpreted to override, substitute, or modify a water right within the state or the role and authority of the state engineer.

Section 6, Section 73-27-102 is amended to read:73-27-102. Legislative Water Development Commission created.(1)(a)The Legislative Water Development Commission is created to determine the state's role in the protection, conservation, and development of the state's water resources.(b)For purposes of this chapter, "commission" means the Legislative Water Development Commission.(2)(a)The commission membership shall include:(i)five a minimum of two members of the Senate, appointed by the president of the Senate, no more than four of whom may be from the same political party, with at least one member from the minority political party;(ii)eight a minimum of two members of the House of Representatives, appointed by the speaker of the House of Representatives, no more than six of whom may be from the same political party, with at least one member from the minority political party; and(iii)subject to Subsections (2)(b) and (c), nonvoting members, appointed by the Legislative Management Committee, from a list recommended by the cochairs of the commission described in Subsection (5).(b)If the Legislative Management Committee chooses to not appoint an individual on the list described in Subsection (2)(a)(iii), the Legislative Management Committee may ask the cochairs of the commission to submit an additional list of recommendations.(c)The Legislative Management Committee may not appoint an individual who is not recommended by the cochairs of the commission.(3)(a)The members appointed by the Legislative Management Committee under Subsection (2)(a)(iii) shall be appointed or reappointed to a two-year term.(b)When a vacancy occurs in the membership for any reason, the Legislative Management Committee, in consultation with the cochairs of the commission, shall appoint a replacement for the unexpired term.(4)The president of the Senate and the speaker of the House of Representatives shall, to the extent possible, appoint members under Subsections (2)(a)(i) and (ii) that represent both rural and urban areas of the state.(5)(a)The president of the Senate shall designate a member of the Senate appointed under Subsection (2)(a)(i) as a cochair of the commission.(b)The speaker of the House of Representatives shall designate a member of the House of Representatives appointed under Subsection (2)(a)(ii) as a cochair of the commission.(6)What constitutes a quorum of the commission is determined in accordance with Legislative Joint Rules, Title 7, Chapter 1, Part 2, Creation and Organization of Legislative Committees, except nonvoting members of the commission described in Subsection (2)(a)(iii) may not be considered for purposes of determining a quorum.(7)(a)Compensation and expenses of a member of the commission who is a legislator are governed by Section 36-2-2 and Legislative Joint Rules, Title 5, Legislative Compensation and Expenses.(b)Commission members who are employees of the state shall receive no additional compensation.(c)Other commission members shall receive no compensation or expenses for their service on the commission.(8)The Office of Legislative Research and General Counsel shall provide staff support to the commission.

Section 7. Effective Date.This bill takes effect on May 7, 2025.