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H.B. 153 Enrolled
AN ACT RELATING TO WATER AND IRRIGATION; AMENDING THE DEFINITION OF
RETAIL WATER PROVIDER; REQUIRING WATER CONSERVATION PLANS TO BE
UPDATED AT LEAST EVERY FIVE YEARS.
This act affects sections of Utah Code Annotated 1953 as follows:
73-10-32, as enacted by Chapter 305, Laws of Utah 1998
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 73-10-32 is amended to read:
73-10-32. Definitions -- Water conservation plan required.
(1) As used in this section:
(a) "Board" means the Board of Water Resources created under Section 73-10-1.5 .
(b) "Division" means the Division of Water Resources created under Section 73-10-18 .
(c) "Retail" means the level of distribution of culinary water that supplies culinary water
directly to the end user.
(d) "Retail water provider" means a [
(i) supplies culinary water to end users; and
(ii) has more than 500 service connections.
(e) (i) "Water conservation plan" means a written document that contains ideas,
suggestions, or recommendations as to what can be done by state and local governments, retail
water providers, and the end user of culinary water to help conserve water and limit or reduce its
use in the state in terms of per capita consumption so that adequate supplies of water are available
for future needs.
(ii) Each "water conservation plan" shall contain recommendations for water saving
measures that may include:
(A) the installation and use of water efficient fixtures and appliances, including toilets,
shower fixtures, and faucets;
(B) residential and commercial landscapes and irrigation that require less water to maintain;
(C) more water efficient industrial and commercial processes involving the use of water;
(D) water reuse systems, both potable and not potable;
(E) distribution system leak repair;
(F) dissemination of public information regarding more efficient use of water, including
public education programs, customer water use audits, and water saving demonstrations;
(G) water rate structures designed to encourage more efficient use of water;
(H) statutes, ordinances, codes, or regulations designed to encourage more efficient use of
water by means such as water efficient fixtures and landscapes;
(I) incentives to implement water efficient techniques, including rebates to water users to
encourage the implementation of more water efficient measures; and
(J) other measures designed to conserve water.
(2) (a) Before April 1, 1999, each water conservancy district under Title 17A, Chapter 2, Part
14, Water Conservancy Districts, and each retail water provider shall:
(i) (A) prepare or adopt a water conservation plan if one has not already been adopted; or
(B) if the district or provider has already adopted a water conservation plan, review the
existing water conservation plan to determine if it should be amended and, if so, amend the water
conservation plan; and
(ii) file a copy of the water conservation plan or amended water conservation plan with the
(b) Before adopting or amending a water conservation plan, each water conservancy district
or retail water provider shall hold a public hearing with reasonable, advance public notice.
(3) (a) The board shall:
(i) study ways to implement the water conservation plans of the water conservancy districts
and the retail water providers;
(ii) develop recommendations on how to implement those plans; and
(iii) report its recommendations to the Natural Resources, Agriculture, and Environment
Interim Committee of the Legislature at its meeting in November 1999.
(b) The board's report to the Natural Resources, Agriculture, and Environment Interim
Committee may include a recommendation:
(i) that each water conservancy district and retail water provider devote part of at least one
regular meeting of its governing body to a discussion of the water conservation plan and allow public
comment on it;
(ii) to implement a notification procedure that includes the delivery of the water conservation
plan to the media and to the governing body of each municipality and county served by the water
conservancy district or retail water provider;
(iii) that certain eligibility requirements, including the adoption of a water conservation plan,
be met before a water conservancy district or retail water provider may receive any state funds for
(iv) for the coordination of conservation and drought management plans; and
(v) regarding any other measure designed to conserve water.
(4) Each water conservancy district and retail water provider specified under Subsection
(a) update its water conservation plan no less frequently than every five years; and
(b) follow the procedures required under Subsection (2) when updating the water
existing water conservation plans, and the study and recommendations by the board be handled
within the existing budgets of the respective entities or agencies.
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