S.B. 151

1

BEAR RIVER DEVELOPMENT ACT AMENDMENTS
2 1997 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: John P. Holmgren
5 AN ACT RELATING TO THE BEAR RIVER DEVELOPMENT ACT; CHANGING THE TIME
6 PERIOD FOR REPAYMENT OF CONSTRUCTION AND ENVIRONMENTAL
7 MITIGATION COSTS.
8 This act affects sections of Utah Code Annotated 1953 as follows:
9 AMENDS:
10 73-26-504, as enacted by Chapter 251, Laws of Utah 1991
11 73-26-506, as enacted by Chapter 251, Laws of Utah 1991
12 Be it enacted by the Legislature of the state of Utah:
13 Section 1. Section 73-26-504 is amended to read:
14 73-26-504. Period for repayment of construction and environmental mitigation costs.
15 (1) The division and the contracting entity shall, by contractual agreement, establish when
16 and in what amount water developed by the project will be delivered to the contracting entity.
17 [(1)] (2) If a contract was made before completion of the project, the contracting entity
18 shall repay the construction and environmental mitigation costs [within a period not to exceed 50
19 years from the date the project was completed.] as follows:
20 (a) any developed water taken by the contracting entity during the first ten years after the
21 project is completed shall be repaid within 50 years from the date the developed water is delivered
22 to the contracting entity; and
23 (b) any developed water taken by the contracting entity after the tenth anniversary date of
24 the project's completion shall be repaid within 50 years from the date the project was completed.
25 [(2)] (3) If a contract was made after the project was completed, the contracting entity shall
26 repay the construction and environmental mitigation costs within a period not to exceed 50 years
27 from the date the contract was made.

1 Section 2. Section 73-26-506 is amended to read:
2 73-26-506. Water charges.
3 The division shall set prices for the sale or lease of developed water sufficient to:
4 (1) recover the reimbursable construction and environmental mitigation costs within the
5 time period specified in Section [73-26-505] 73-26-504 and pay for the interest on those costs;
6 (2) pay for operation and maintenance costs; and
7 (3) accumulate an adequate reserve for repair and replacement.




Legislative Review Note
as of 1-28-97 11:23 AM

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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