S.B. 58

1

COLLECTION AND USE OF PRECIPITATION
2 2009 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Scott D. McCoy
5 House Sponsor: Patrick Painter
6
7 LONG TITLE
8 General Description:
9 This bill authorizes a public water supplier to allow a person in its service area to
10 capture and beneficially use precipitation under certain circumstances.
11 Highlighted Provisions:
12 This bill:
13 . authorizes a public water supplier to allow a person in its service area to capture and
14 beneficially use precipitation under certain circumstances;
15 . establishes reporting requirements;
16 . provides for construction standards designed to prevent water contamination; and
17 . makes technical corrections.
18 Monies Appropriated in this Bill:
19 None
20 Other Special Clauses:
21 None
22 Utah Code Sections Affected:
23 AMENDS:
24 73-3-20, as last amended by Laws of Utah 1985, Chapter 140
25 ENACTS:
26 73-3-20.5, Utah Code Annotated 1953
27

28 Be it enacted by the Legislature of the state of Utah:
29 Section 1. Section 73-3-20 is amended to read:
30 73-3-20. Right to divert appropriated waters into natural streams --
31 Requirements -- Storage in reservoir -- Information required by state engineer -- Lapse
32 of application.
33 [(1) Upon application in writing and approval of the state engineer, any appropriated
34 water may, for the purpose of preventing waste and facilitating distribution, be turned from the
35 channel of any stream or any lake or other body of water, into the channel of any natural stream
36 or natural body of water or into a reservoir constructed across the bed of any natural stream,
37 and commingled with its waters, and a like quantity less the quantity lost by evaporation and
38 seepage may be taken out, either above or below the point where emptied into the stream, body
39 of water or reservoir. In so doing, the original water in such stream, body of water, or reservoir
40 must not be deteriorated in quality or diminished in quantity for the purpose used, and the
41 additional water turned in shall bear its share of the expense of maintenance of such reservoir
42 and an equitable proportion of the cost of the reservoir site and its construction. Any person
43 having stored his appropriated water in a reservoir for a beneficial purpose shall be permitted to
44 withdraw the water at the times and in the quantities as his necessities may require if the
45 withdrawal does not interfere with the rights of others.]
46 (1) As used in this section:
47 (a) "Body of water" means a lake, groundwater aquifer, or stream channel.
48 (b) "Exchange appropriated waters" means:
49 (i) (A) to turn and commingle water from one body of water into:
50 (I) another natural body of water; or
51 (II) a reservoir constructed across the bed of a natural stream; and
52 (B) to take out, above or below the point where the water is emptied into the natural
53 body of water or reservoir, the same quantity of water, less the quantity lost by:
54 (I) evaporation; and
55 (II) seepage; or
56 (ii) (A) to reduce the amount of water diverted by a public water supplier under a water
57 right; and
58 (B) to allow a person in the public water supplier's service area to capture and

59 beneficially use precipitation in an amount equal to the reduction in the diversion.
60 (2) The state engineer may approve a written application to exchange appropriated
61 waters to:
62 (a) prevent waste;
63 (b) facilitate distribution; and
64 (c) as provided in Section 73-3-20.5 , authorize a public water supplier to allow a
65 person in its service area to capture and beneficially use precipitation under the public water
66 supplier's water right.
67 (3) In an exchange of appropriated waters:
68 (a) the original water into which the additional water is turned or commingled may not
69 be deteriorated in quality or diminished in quantity for the purpose used; and
70 (b) the owner of the additional water turned or commingled shall bear the proportionate
71 share of the cost of the reservoir's site and construction.
72 (4) A person who stores appropriated water in a reservoir for a beneficial purpose may
73 withdraw that water at the times and in the quantities the person chooses if the withdrawal does
74 not interfere with the water rights of another person.
75 [(2)] (5) The state engineer may require the owner of record of an approved exchange
76 application to provide information concerning:
77 (a) the diverting works constructed[,];
78 (b) the extent to which the development under the exchange has occurred[,]; and
79 (c) other information the state engineer considers necessary to [insure]:
80 (i) ensure the exchange is taking place[, to];
81 (ii) establish that the owner of the exchange [still] has a legal interest in the underlying
82 water right used as the basis for the exchange[, or to arrive at]; and
83 (iii) determine the quantity of water being exchanged. [This information shall be
84 provided by the owner of record of an approved exchange]
85 (6) The owner of record of an approved exchange shall provide the information
86 required under Subsection (5) within 60 days of notification by the state engineer.
87 [(3)] (7) The state engineer may lapse an application made [pursuant to] under this
88 section [under the following conditions] if the:
89 (a) [the] applicant [has lost] does not have a legal interest in the underlying right used

90 to facilitate the exchange;
91 (b) [the] exchange can no longer be carried out as stated in the application;
92 (c) [the] applicant has not complied with the conditions established in approving the
93 exchange; or
94 (d) [the] applicant fails to provide the information as [outlined in] required by
95 Subsection [ 73-3-20 (2)] (5).
96 Section 2. Section 73-3-20.5 is enacted to read:
97 73-3-20.5. Right to collect precipitation.
98 (1) A public water supplier, as defined in Section 73-1-4, may allow a person in its
99 service area to capture and beneficially use precipitation under the public water supplier's
100 approved exchange application as provided in Section 73-3-20 .
101 (2) The public water supplier shall:
102 (a) report annually to the state engineer on the total amount of precipitation captured as
103 authorized by the exchange application;
104 (b) establish construction standards designed to prevent contamination of a public
105 water system by a precipitation collection system; and
106 (c) review a precipitation collection system plan submitted under Subsection (3)(a) to
107 determine if the plan complies with the construction standards established under Subsection
108 (2)(b).
109 (3) A person who has received authorization from a public water supplier to capture
110 and beneficially use precipitation under the public water supplier's water right and approved
111 exchange application shall:
112 (a) submit a plan for a precipitation collection system to the public water supplier; and
113 (b) comply with construction standards established under Subsection (2)(b).




Legislative Review Note
as of 2-4-09 11:19 AM

Office of Legislative Research and General Counsel