S.B. 123 Enrolled

WATER CONSERVANCY DISTRICT - BOARD
OF DIRECTORS
1997 GENERAL SESSION
STATE OF UTAH
Sponsor: Mike Dmitrich
AN ACT RELATING TO SPECIAL DISTRICTS; ALLOWING FEWER THAN REQUIRED
NOMINEES FOR BOARD OF DIRECTOR POSITIONS UNDER CERTAIN
CIRCUMSTANCES; AND MAKING TECHNICAL CORRECTIONS.
This act affects sections of Utah Code Annotated 1953 as follows:
AMENDS:
17A-2-1409, as last amended by Chapter 227, Laws of Utah 1993
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 17A-2-1409 is amended to read:
17A-2-1409. Board of directors -- Selection of members -- Number -- Qualifications
-- Terms -- Vacancies -- Surety bonds -- Meetings -- Reports.
(1) (a) Within 45 days after entry of the decree incorporating the district, the board of
directors shall be selected as [follows:] provided in this Subsection (1).
[(a) Districts which consist] (b) For a district that consists of a single county [shall have
directors appointed by], the county legislative body of that county shall appoint each director.
[(b) Districts consisting] (c) (i) For a district that consists of more than a single county
[shall have directors appointed by], the governor, with the advice and consent of the Senate, shall
appoint each director from nominees submitted as [follows:] provided in this Subsection (c).
[(i) In] (ii) (A) Except as provided in Subsection (1)(c)(ii)(B), in a division composed
solely of incorporated cities, the legislative body of each city within the division shall submit two
nominees per director.
(B) Notwithstanding Subsection (1)(c)(ii)(A), the legislative body of a city may submit
fewer than two nominees per director if the legislative body certifies in writing to the governor that
the legislative body is unable, after reasonably diligent effort, to identify two nominees who are
willing and qualified to serve as director.

[(ii) In] (iii) (A) Except as provided in Subsection (1)(c)(iii)(B), in all other divisions, the
county legislative body of the county in which the division is located shall submit three nominees
per director.
(B) Notwithstanding Subsection (1)(c)(iii)(A), the county legislative body may submit fewer
than three nominees per director if the county legislative body certifies in writing to the governor
that the county legislative body is unable, after reasonably diligent effort, to identify three nominees
who are willing and qualified to serve as director.
[(iii)] (iv) If a director represents a division located in more than one county, the county
governing bodies of those counties shall collectively compile the list of three nominees.
[(c)] (d) In districts where substantial water is allocated for irrigated agriculture, one director
appointed in that district [must] shall be a person who owns irrigation rights and uses those rights
as part of [his] that person's livelihood.
(2) (a) (i) The terms of office shall be fixed [as follows] so that:
[(i)] (A) approximately [one-fourth] 1/4 of the directors first appointed, after organization
of the district, shall serve for one year;
[(ii)] (B) approximately [one-fourth] 1/4 of the directors first appointed shall serve for two
years;
[(iii)] (C) approximately [one-fourth] 1/4 of the directors first appointed shall serve for three
years; and
[(iv)] (D) the remainder of the directors shall serve for four years.
(ii) All succeeding terms of office shall be four years.
(b) The court shall establish the number, representation, and votes of directors for each
district in the decree creating the district. The board of directors of the district shall consist of not
more than 11 persons who are residents of the district. If the district consists of five or more
counties, the board of directors shall consist of not more than 21 persons who are residents of the
district.
(c) [The] At least 90 days before expiration of a director's term, the secretary of the board
shall:

- 2 -

(i) give written notice of vacancies in any office of director and of the expiration date of
terms of office of directors to the county legislative body in single county districts and to the
nominating entities and the governor in all other districts [at least 90 days before the expiration date,
and such]; and
(ii) publish the notice [shall be published] in a newspaper having general circulation.
(d) (i) Upon receipt of the notice of the expiration of a director's term or notice of a vacancy
in the office of director, the legislative body of the city or the county legislative body, as the case
may be, shall nominate candidates to fill the unexpired term of office pursuant to Subsection (1).
(ii) If the entity charged with nominating candidates for appointment by the governor has
not submitted the list of nominees within 90 days after service of the notice, the governor shall make
the appointment from qualified candidates without consultation with the legislative body of the city
or the county legislative body.
(iii) If the governor fails to appoint, the incumbent shall continue to serve until his successor
is appointed and qualified.
(iv) Appointment by the governor vests in the appointee, upon qualification, the authority
to discharge the duties of director, subject only to the [advise] advice and consent of the Senate.
(e) Each director shall hold office during the term for which [he is] appointed and until [his]
a successor is duly appointed and has qualified.
(3) Each director shall furnish a corporate surety bond at the expense of the district, in
amount and form fixed and approved by the court, conditioned for the faithful performance of [his]
duties as a director.
(4) (a) An annual meeting of the board of directors shall be held on a date to be fixed by the
court in the order incorporating the district. The board shall also hold special meetings at least
quarterly.
(b) A report of the business transacted during the preceding year by the district, including
a financial report prepared by certified public accountants, shall be filed with:
(i) the clerk of the district court;
(ii) the governing bodies of counties with lands within the district; and

- 3 -

(iii) cities charged with nominating directors.
(c) No more than 14 days and no less than five days prior to the annual meeting, the district
shall have published at least once in a newspaper having general circulation within the district:
(i) a notice of the annual meeting; and
(ii) the names of the directors.
(d) The district shall have published a summary of its financial report in a newspaper having
general circulation within the district. The summary shall be published no later than 30 days after
the date the audit report required under Title 51, Chapter 2, Audits of Political Subdivisions,
Interlocal Organizations and Other Local Entities, is required to be filed with the state auditor.
(e) Subsections (4)(c) and (d) do not apply to districts with annual revenues of less than
$1,000,000.

- 4 -