H.B. 200 Enrolled

WATER COMMISSIONER AMENDMENTS
1999 GENERAL SESSION
STATE OF UTAH
Sponsor: Michael R. Styler
AN ACT RELATING TO WATER AND IRRIGATION; CREATING THE WATER
COMMISSIONER FUND; SPECIFYING THE CONTENTS OF THE FUND AND USES OF
THE FUND MONIES; AND MAKING TECHNICAL AMENDMENTS.
This act affects sections of Utah Code Annotated 1953 as follows:
AMENDS:
73-5-1, as last amended by Chapter 36, Laws of Utah 1989
ENACTS:
73-5-1.5, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 73-5-1 is amended to read:
73-5-1. Appointment of water commissioners -- Procedure -- Hearing to determine
adequacy of underground water supply.
(1) (a) If, in the judgment of the state engineer or the district court, it is necessary to
appoint [one or more water commissioners] a water commissioner for the distribution of water
from any river system or water source, the commissioner [or commissioners] shall be appointed
annually by the state engineer.
(b) The state engineer shall determine whether all or a part of a river system or other water
source shall be served by a commissioner, [or commissioners,] and if only a part is to be served, the
state engineer shall determine the boundaries of that part.
(c) The state engineer may [also] appoint:
(i) more than one commissioner to distribute water from all or a part of a water source; or
(ii) a single commissioner to [act on] distribute water from several separate and distinct
water sources.
(2) (a) The state engineer shall consult with the water users before appointing a
commissioner. The form of consultation and notice to be given shall be determined by the state

engineer so as to best suit local conditions, while providing for full expression of majority opinion.
[(a)] (b) If a majority of the water users[, as a result of such consultation: (i)] agree upon
[some competent] a qualified person [or persons] to be appointed as water commissioner [or
commissioners], the duties the person [or persons] shall perform, and the compensation the person
[or persons] shall receive[;], and [(ii)] they make recommendations to the state engineer [as to such
matters or either of them, then] on the appointment, duties, and compensation, the state engineer shall
act in accordance with their recommendations.
[(b)] (c) If a majority of water users do not agree [as to such matters, then] on the
appointment, duties, or compensation, the state engineer shall make a determination for them.
(3) (a) The salary and expenses of the commissioner [or commissioners] and all other
expenses of distribution, including printing, postage, equipment, water users' expenses, and any other
expenses considered necessary by the state engineer, shall be borne pro rata by the users of water
from [such] the river system or water source[, upon] in accordance with a schedule to be fixed by the
state engineer. The schedule shall be based on the established rights of each water user, and the pro
rata share shall be paid by each water user to the state engineer [in advance] on or before May 1 of
each year.
(b) The payments shall be deposited in the Water Commissioner Fund created in Section
73-5-1.5 .
[(b)] (c) [Upon any failure to do so] If a water user fails to pay the assessment as provided
by Subsection (3)(a), the state engineer may do any or all of the following:
(i) create a lien upon the water right affected by filing a notice of lien in the office of the
county recorder in the county where the water is diverted and bring an action to enforce the lien;
(ii) forbid the use of water by [any such] the delinquent[,] water user or [by any of the
delinquent's] the delinquent water user's successors or [assigns] assignees, while the default
continues; or
(iii) bring an action in the district court for the unpaid expense and salary[, and foreclose the
lien, or the district court having jurisdiction of the person may issue upon any delinquent user an
order to show cause why a judgment for such sum should not be entered].

[(c)] (d) In any action brought to collect any unpaid assessment or to enforce any lien under
this section, the delinquent water user shall be liable for the amount of the assessment, interest, any
penalty, and for all costs of collection, including all court costs and a reasonable attorney fee.
(4) (a) [The] A commissioner [or commissioners] may be removed by the state engineer for
cause.
(b) The users of water from any river system or water source may petition the district court
for the removal of [any such] a commissioner [or commissioners,] and after notice and hearing, the
court may order the removal of [such] the commissioner [or commissioners] and direct the state
engineer to appoint [successors as necessary] a successor.
(5) (a) In addition to the power granted to the state engineer to appoint water commissioners
for the distribution of water, the state engineer may, at any time, hold a hearing, or upon a petition
signed by not less than one-third of the users of underground waters in any area as defined by the
state engineer, shall hold a hearing, to determine whether the underground water supply within such
area is adequate for the existing claims.
(b) (i) Notice of the hearing shall be given in a form and manner which, in the judgment of
the state engineer, best suits local conditions.
(ii) The state engineer may make a full investigation and provide findings for the hearing.
(c) If the findings show that the water supply is inadequate for existing claims, the state
engineer shall divide, or [cause to be divided by the] request that the water commissioner [or water
commissioners as provided in this section] divide, the [waters within such area] water supply among
the [several] claimants entitled to the water in accordance with their respective rights.
Section 2. Section 73-5-1.5 is enacted to read:
73-5-1.5. Water Commissioner Fund.
(1) There is created an expendable trust fund known as the Water Commissioner Fund.
(2) The fund consists of assessments paid to the state engineer by water users pursuant to
Subsection 73-5-1 (3).
(3) (a) The fund shall earn interest.
(b) Interest earned on fund monies shall be deposited into the fund.

(4) The state engineer shall use fund monies to pay for salary and expenses of water
commissioners and other expenses related to the distribution of water specified in Subsection
73-5-1 (3).