H.B. 45 Enrolled

1

BEAR RIVER DEVELOPMENT ACT
2 2006 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: J. Stuart Adams
5 Senate Sponsor: Lyle W. Hillyard
6
7 LONG TITLE
8 General Description:
9 This bill amends the Bear River Development Act to allow funds to be spent on
10 preconstruction activities even though certain construction funding requirements have
11 not been met and to make developed water available to Cache County.
12 Highlighted Provisions:
13 This bill:
14 . defines preconstruction costs;
15 . authorizes the expenditure of funds on preconstruction costs;
16 . authorizes water to be made available to Cache County;
17 . limits the amount of water made available to Cache County; and
18 . makes technical changes.
19 Monies Appropriated in this Bill:
20 None
21 Other Special Clauses:
22 None
23 Utah Code Sections Affected:
24 AMENDS:
25 73-26-103, as enacted by Chapter 251, Laws of Utah 1991
26 73-26-104, as last amended by Chapter 182, Laws of Utah 2002
27 73-26-201, as enacted by Chapter 251, Laws of Utah 1991
28 73-26-202, as enacted by Chapter 251, Laws of Utah 1991
29 73-26-301, as last amended by Chapter 182, Laws of Utah 2002

30 73-26-302, as enacted by Chapter 251, Laws of Utah 1991
31
32 Be it enacted by the Legislature of the state of Utah:
33 Section 1. Section 73-26-103 is amended to read:
34 73-26-103. Definitions.
35 As used in this chapter:
36 (1) "Board" means the Board of Water Resources.
37 (2) (a) "Construction costs" means all costs related to the development of a project,
38 except the costs of environmental mitigation.
39 (b) Construction costs include:
40 [(a)] (i) planning;
41 [(b)] (ii) engineering and legal work;
42 [(c)] (iii) permitting;
43 [(d)] (iv) acquisition of land and rights-of-way;
44 [(e)] (v) rebuilding and relocation of highways or other facilities affected by the
45 project;
46 [(f)] (vi) compensation for impairment of existing water rights;
47 [(g)] (vii) construction of the dam, reservoir, and associated facilities; and
48 [(h)] (viii) expenses of the division related to the project.
49 (3) "Developed waters" means surface water developed by projects authorized under
50 this chapter.
51 (4) "Division" means the Division of Water Resources.
52 (5) "Environmental mitigation costs" means costs that may be required by federal,
53 state, or local governmental agencies for project environmental permitting, including:
54 (a) planning;
55 (b) environmental and engineering studies;
56 (c) permitting;
57 (d) acquisition of land and rights-of-way; and

58 (e) operation, maintenance, and repair of facilities associated with project
59 environmental mitigation.
60 (6) "Preconstruction costs" means any of the following costs incurred before project
61 construction begins:
62 (a) planning;
63 (b) design;
64 (c) engineering studies;
65 (d) legal work;
66 (e) permitting;
67 (f) acquisition of land and rights-of-way;
68 (g) compensation for impairment of existing water rights;
69 (h) environmental studies; or
70 (i) any combination of Subsections (6)(a) through (h).
71 [(6)] (7) "Project costs" include preconstruction costs, construction costs,
72 environmental mitigation costs, and costs of operation, maintenance, repair, and replacement.
73 [(7) "Environmental mitigation team" means the team identified in the environmental
74 impact statement (EIS) and chaired by the EIS lead agency.]
75 Section 2. Section 73-26-104 is amended to read:
76 73-26-104. Bear River development projects.
77 (1) The division shall:
78 (a) develop the surface waters of the Bear River and its tributaries through the planning
79 and construction of reservoirs and associated facilities as authorized and funded by the
80 Legislature;
81 (b) own and operate the facilities constructed; and
82 (c) market the developed waters.
83 (2) Potential projects include:
84 (a) Hyrum Dam;
85 (b) Avon;

86 (c) Mill Creek;
87 (d) Oneida Narrows;
88 (e) North Eden Creek; [and]
89 (f) Washakie[.]; and
90 (g) an interconnection from the Corinne area to Willard Reservoir.
91 (3) The division may develop sites other than those listed in Subsection (2) if those
92 projects are authorized and funded by the Legislature.
93 (4) The purchase of real property does not constitute water development.
94 Section 3. Section 73-26-201 is amended to read:
95 73-26-201. Entities eligible to receive developed water -- Selling or leasing water
96 outside entity boundaries.
97 (1) Water developed by projects authorized under this chapter, except water reserved
98 for wildlife or public recreation, shall be made available by contract exclusively to the
99 following entities:
100 (a) the Bear River Water Conservancy District;
101 (b) the Salt Lake County Water Conservancy District;
102 (c) the Weber Basin Water Conservancy District; and
103 (d) [municipalities, water companies,] Cache County and any water conservancy
104 district in Cache County.
105 (2) A county or conservancy district that purchases or leases developed water may
106 lease the water to any person.
107 [(3) A municipality that purchases or leases developed water may sell or lease the
108 water to any person located:]
109 [(a) within the boundaries of the municipality; or]
110 [(b) outside the boundaries of the municipality:]
111 [(i) but within the county in which the municipality is located; or]
112 [(ii) into a state adjacent to the county in which the municipality is located, subject to
113 state law and approval by the state engineer.]

114 [(4)] (3) A [municipality, water company,] county or conservancy district that
115 purchases or leases developed water may use the water directly or by exchange in accordance
116 with Section 73-3-20 .
117 Section 4. Section 73-26-202 is amended to read:
118 73-26-202. Limits on amount of water available to any entity -- Exception.
119 (1) Except as provided in Subsection (2), the total amount of water from projects
120 authorized under this chapter that may be made available to any entity or area is limited as
121 follows:
122 (a) The Salt Lake County Water Conservancy District and Weber Basin Water
123 Conservancy District each may purchase or lease no more than 50,000 acre-feet a year.
124 (b) The Bear River Water Conservancy District may purchase or lease no more than
125 60,000 acre-feet a year.
126 (c) The total cumulative amount of developed waters purchased or leased by
127 [municipalities, water companies,] Cache County and any water conservancy [districts] district
128 in Cache County may not exceed 60,000 acre-feet a year.
129 (2) An entity or area may purchase or lease water in excess of the limits specified in
130 Subsection (1) on a temporary basis, if water is available from a project and no other entity
131 eligible to receive water has offered to purchase or lease it.
132 Section 5. Section 73-26-301 is amended to read:
133 73-26-301. Authorized projects -- Work subject to legislative appropriations.
134 The division [is authorized to] may develop the potential projects listed under
135 Subsection 73-26-104 (2) and associated works[, including an interconnection from the Corinne
136 area to Willard Reservoir, and shall proceed with design work, environmental assessments,
137 acquisition of land and rights-of-way, and construction, subject to:].
138 [(1) the appropriation of funds for those purposes by the Legislature; and]
139 [(2) fulfillment of the requirements specified in Section 73-26-302 .]
140 Section 6. Section 73-26-302 is amended to read:
141 73-26-302. Construction contingent upon sale or lease of water.

142 (1) [The] Except as provided in Subsection (3), the division may not [begin
143 construction of] expend monies for construction costs on any phase of a project until:
144 (a) contracts have been made for the sale or lease of at least 70% [or more] of the water
145 developed [water] by that phase; and
146 (b) all [required] permits required by the environmental impact statement have been
147 obtained [which shall include the development of an environmental mitigation plan by the
148 environmental mitigation team].
149 (2) Construction of the project and implementation of the environmental mitigation
150 plan shall proceed concurrently.
151 (3) The division may make expenditures for preconstruction costs if monies are
152 expressly appropriated or earmarked by statute for that purpose by the Legislature.