First Substitute H.B. 418

Representative Judy Ann Buffmire proposes to substitute the following bill:

1 WATER CONSERVATION PLAN
2 1998 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: Judy Ann Buffmire
5 AN ACT RELATING TO WATER AND IRRIGATION; REQUIRING WATER
6 CONSERVANCY DISTRICTS AND WATER RETAILERS TO PREPARE AND ADOPT OR
7 UPDATE A WATER CONSERVATION PLAN AND FILE IT WITH THE DIVISION OF
8 WATER RESOURCES; AND REQUIRING THE BOARD OF WATER RESOURCES TO
9 STUDY THE PLANS AND MAKE RECOMMENDATIONS.
10 This act affects sections of Utah Code Annotated 1953 as follows:
11 ENACTS:
12 73-10-32, Utah Code Annotated 1953
13 Be it enacted by the Legislature of the state of Utah:
14 Section 1. Section 73-10-32 is enacted to read:
15 73-10-32. Water conservation plan required.
16 (1) As used in this section:
17 (a) "Board" means the Board of Water Resources created under Section 73-10-1.5.
18 (b) "Division" means the Division of Water Resources created under Section 73-10-18.
19 (c) "Retail" means the level of distribution of culinary water that supplies culinary water
20 directly to the end user.
21 (d) "Retail water provider" means a supplier of culinary water to the end user.
22 (e) (i) "Water conservation plan" means a written document that contains ideas,
23 suggestions, or recommendations as to what can be done by state and local governments, retail
24 water providers, and the end user of culinary water to help conserve water and limit or reduce its
25 use in the state in terms of per capita consumption so that adequate supplies of water are available

1 for future needs.
2 (ii) Each "water conservation plan" shall contain recommendations for water saving
3 measures that may include:
4 (A) the installation and use of water efficient fixtures and appliances, including toilets,
5 shower fixtures, and faucets;
6 (B) residential and commercial landscapes and irrigation that require less water to
7 maintain;
8 (C) more water efficient industrial and commercial processes involving the use of water;
9 (D) water reuse systems, both potable and not potable;
10 (E) distribution system leak repair;
11 (F) dissemination of public information regarding more efficient use of water, including
12 public education programs, customer water use audits, and water saving demonstrations;
13 (G) water rate structures designed to encourage more efficient use of water;
14 (H) statutes, ordinances, codes, or regulations designed to encourage more efficient use
15 of water by means such as water efficient fixtures and landscapes;
16 (I) incentives to implement water efficient techniques, including rebates to water users to
17 encourage the implementation of more water efficient measures; and
18 (J) other measures designed to conserve water.
19 (2) (a) Before April 1, 1999, each water conservancy district under Title 17A, Chapter 2,
20 Part 14, Water Conservancy Districts, and each retail water provider shall:
21 (i) (A) prepare or adopt a water conservation plan if one has not already been adopted; or
22 (B) if the district or provider has already adopted a water conservation plan, review the
23 existing water conservation plan to determine if it should be amended and, if so, amend the water
24 conservation plan; and
25 (ii) file a copy of the water conservation plan or amended water conservation plan with
26 the division.
27 (b) Before adopting or amending a water conservation plan, each water conservancy
28 district or retail water provider shall hold a public hearing with reasonable, advance public notice.
29 (3) (a) The board shall:
30 (i) study ways to implement the water conservation plans of the water conservancy
31 districts and the retail water providers;

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1 (ii) develop recommendations on how to implement those plans; and
2 (iii) report its recommendations to the Natural Resources, Agriculture, and Environment
3 Interim Committee of the Legislature at its meeting in November 1999; and
4 (b) The board's report to the Natural Resources, Agriculture, and Environment Interim
5 Committee may include a recommendation:
6 (i) that each water conservancy district and retail water provider devote part of at least one
7 regular meeting of its governing body to a discussion of the water conservation plan and allow
8 public comment on it;
9 (ii) to implement a notification procedure that includes the delivery of the water
10 conservation plan to the media and to the governing body of each municipality and county served
11 by the water conservancy district or retail water provider;
12 (iii) that certain eligibility requirements, including the adoption of a water conservation
13 plan, be met before a water conservancy district or retail water provider may receive any state
14 funds for water development;
15 (iv) for the coordination of conservation and drought management plans; and
16 (v) regarding any other measure designed to conserve water.
17 (4) It is the intent of the Legislature that the water conservation plans, amendments to
18 existing water conservation plans, and the study and recommendations by the board be handled
19 within the existing budgets of the respective entities or agencies.

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