S.B. 123

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WATER CONSERVANCY DISTRICT - BOARD
2 OF DIRECTORS
3 1997 GENERAL SESSION
4 STATE OF UTAH
5 Sponsor: Mike Dmitrich
6 AN ACT RELATING TO SPECIAL DISTRICTS; ALLOWING FEWER THAN REQUIRED
7 NOMINEES FOR BOARD OF DIRECTOR POSITIONS UNDER CERTAIN
8 CIRCUMSTANCES; AND MAKING TECHNICAL CORRECTIONS.
9 This act affects sections of Utah Code Annotated 1953 as follows:
10 AMENDS:
11 17A-2-1409, as last amended by Chapter 227, Laws of Utah 1993
12 Be it enacted by the Legislature of the state of Utah:
13 Section 1. Section 17A-2-1409 is amended to read:
14 17A-2-1409. Board of directors -- Selection of members -- Number -- Qualifications
15 -- Terms -- Vacancies -- Surety bonds -- Meetings -- Reports.
16 (1) (a) Within 45 days after entry of the decree incorporating the district, the board of
17 directors shall be selected as [follows:] provided in this Subsection (1).
18 [(a) Districts which consist] (b) For a district that consists of a single county [shall have
19 directors appointed by], the county legislative body of that county shall appoint each director.
20 [(b) Districts consisting] (c) (i) For a district that consists of more than a single county
21 [shall have directors appointed by], the governor, with the advice and consent of the Senate, shall
22 appoint each director from nominees submitted as [follows:] provided in this Subsection (c).
23 [(i) In] (ii) (A) Except as provided in Subsection (1)(c)(ii)(B), in a division composed
24 solely of incorporated cities, the legislative body of each city within the division shall submit two
25 nominees per director.
26 (B) Notwithstanding Subsection (1)(c)(ii)(A), the legislative body of a city may submit
27 fewer than two nominees per director if the legislative body certifies in writing to the governor that

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

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1 terms of office of directors to the county legislative body in single county districts and to the
2 nominating entities and the governor in all other districts [at least 90 days before the expiration
3 date, and such]; and
4 (ii) publish the notice [shall be published] in a newspaper having general circulation.
5 (d) (i) Upon receipt of the notice of the expiration of a director's term or notice of a
6 vacancy in the office of director, the legislative body of the city or the county legislative body, as
7 the case may be, shall nominate candidates to fill the unexpired term of office pursuant to
8 Subsection (1).
9 (ii) If the entity charged with nominating candidates for appointment by the governor has
10 not submitted the list of nominees within 90 days after service of the notice, the governor shall
11 make the appointment from qualified candidates without consultation with the legislative body of
12 the city or the county legislative body.
13 (iii) If the governor fails to appoint, the incumbent shall continue to serve until his
14 successor is appointed and qualified.
15 (iv) Appointment by the governor vests in the appointee, upon qualification, the authority
16 to discharge the duties of director, subject only to the [advise] advice and consent of the Senate.
17 (e) Each director shall hold office during the term for which [he is] appointed and until
18 [his] a successor is duly appointed and has qualified.
19 (3) Each director shall furnish a corporate surety bond at the expense of the district, in
20 amount and form fixed and approved by the court, conditioned for the faithful performance of [his]
21 duties as a director.
22 (4) (a) An annual meeting of the board of directors shall be held on a date to be fixed by
23 the court in the order incorporating the district. The board shall also hold special meetings at least
24 quarterly.
25 (b) A report of the business transacted during the preceding year by the district, including
26 a financial report prepared by certified public accountants, shall be filed with:
27 (i) the clerk of the district court;
28 (ii) the governing bodies of counties with lands within the district; and
29 (iii) cities charged with nominating directors.
30 (c) No more than 14 days and no less than five days prior to the annual meeting, the
31 district shall have published at least once in a newspaper having general circulation within the

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1 district:
2 (i) a notice of the annual meeting; and
3 (ii) the names of the directors.
4 (d) The district shall have published a summary of its financial report in a newspaper
5 having general circulation within the district. The summary shall be published no later than 30
6 days after the date the audit report required under Title 51, Chapter 2, is required to be filed with
7 the state auditor.
8 (e) Subsections (4)(c) and (d) do not apply to districts with annual revenues of less than
9 $1,000,000.




Legislative Review Note
as of 1-9-97 4:19 PM

A limited legal review of this bill raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel

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