7 LONG TITLE
8 General Description:
9 This bill deals with the accuracy of water use data.
10 Highlighted Provisions:
11 This bill:
12 ▸ instructs the Drinking Water Board to require a certified water operator of a public
13 water supplier, or professional engineer performing the duties of an operator, to
14 verify the accuracy of water use and supply data submitted to the Division of
15 Drinking Water;
16 ▸ authorizes the Division of Water Rights to collect and validate water use data; and
17 ▸ makes technical changes.
18 Money Appropriated in this Bill:
20 Other Special Clauses:
22 Utah Code Sections Affected:
24 19-4-104, as last amended by Laws of Utah 2012, Chapter 360
25 73-5-8, as last amended by Laws of Utah 2005, Chapter 215
26 73-10-18, as last amended by Laws of Utah 1969, Chapter 198
27 73-10-19, as last amended by Laws of Utah 1983, Chapter 318
28 73-10-20, as last amended by Laws of Utah 1977, Chapter 281
30 Be it enacted by the Legislature of the state of Utah:
31 Section 1. Section 19-4-104 is amended to read:
32 19-4-104. Powers of board.
33 (1) (a) The board may make rules in accordance with Title 63G, Chapter 3, Utah
34 Administrative Rulemaking Act:
35 (i) establishing standards that prescribe the maximum contaminant levels in any public
36 water system and provide for monitoring, record-keeping, and reporting of water quality related
38 (ii) governing design, construction, operation, and maintenance of public water
40 (iii) granting variances and exemptions to the requirements established under this
41 chapter that are not less stringent than those allowed under federal law;
42 (iv) protecting watersheds and water sources used for public water systems; and
43 (v) governing capacity development in compliance with Section 1420 of the federal
44 Safe Drinking Water Act, 42 U.S.C.[
45 (b) The board may:
46 (i) order the director to:
47 (A) issue orders necessary to enforce the provisions of this chapter;
48 (B) enforce the orders by appropriate administrative and judicial proceedings; or
49 (C) institute judicial proceedings to secure compliance with this chapter;
50 (ii) (A) hold a hearing that is not an adjudicative proceeding relating to the
51 administration of this chapter; or
52 (B) appoint hearing officers to conduct a hearing that is not an adjudicative proceeding;
54 (iii) request and accept financial assistance from other public agencies, private entities,
55 and the federal government to carry out the purposes of this chapter.
56 (c) The board shall:
57 (i) require the submission to the director of plans and specifications for construction of,
58 substantial addition to, or alteration of public water systems for review and approval by the
59 board before that action begins and require any modifications or impose any conditions that
60 may be necessary to carry out the purposes of this chapter;
61 (ii) advise, consult, cooperate with, provide technical assistance to, and enter into
62 agreements, contracts, or cooperative arrangements with state, federal, or interstate agencies,
63 municipalities, local health departments, educational institutions, and others necessary to carry
64 out the purposes of this chapter and to support the laws, ordinances, rules, and regulations of
65 local jurisdictions;
66 (iii) develop and implement an emergency plan to protect the public when declining
67 drinking water quality or quantity creates a serious health risk and issue emergency orders if a
68 health risk is imminent; [
69 (iv) require a certified operator of a public water supplier to verify by signature and
70 certification number, or a professional engineer performing the duties of a certified water
71 operator to verify by signature and stamp, the accuracy of any data on water use and water
72 supply submitted by the public water supplier to the division; and
74 (2) (a) The board may adopt and enforce standards and establish fees for certification
75 of operators of any public water system.
76 (b) The board may not require certification of operators for a water system serving a
77 population of 800 or less except:
78 (i) to the extent required for compliance with Section 1419 of the federal Safe Drinking
79 Water Act, 42 U.S.C.[
80 (ii) for a system that is required to treat its drinking water.
81 (c) The certification program shall be funded from certification and renewal fees.
82 (3) Routine extensions or repairs of existing public water systems that comply with the
83 rules and do not alter the system's ability to provide an adequate supply of water are exempt
84 from the provisions of Subsection (1)(c)(i).
85 (4) (a) The board may adopt and enforce standards and establish fees for certification
86 of persons engaged in administering cross connection control programs or backflow prevention
87 assembly training, repair, and maintenance testing.
88 (b) The certification program shall be funded from certification and renewal fees.
89 (5) A board member may not speak or act for the board unless the board member is
90 authorized by a majority of a quorum of the board in a vote taken at a meeting of the board.
91 Section 2. Section 73-5-8 is amended to read:
92 73-5-8. Audits -- Reports by users to engineer.
93 (1) The Division of Water Rights shall, in accordance with Title 63G, Chapter 3, Utah
94 Administrative Rulemaking Act, make rules specifying:
95 (a) what water use data a person shall report, pursuant to this section; and
96 (b) how the Division of Water Rights shall validate the data described in Subsection
98 (2) The Division of Water Rights may collect and validate water use data.
99 (3) Every person using water from any river system or water source, when requested by
100 the state engineer, shall within 30 days after such request report to the state engineer in writing:
105 (e) quantity of [
106 Section 3. Section 73-10-18 is amended to read:
107 73-10-18. Division of Water Resources -- Creation -- Power and authority.
108 (1) There is created the Division of Water Resources, which shall be within the
109 Department of Natural Resources under the administration and general supervision of the
110 executive director of natural resources and under the policy direction of the Board of Water
112 (2) The Division of Water Resources shall:
113 (a) be the water [
114 (b) assume all of the functions, powers, duties, rights, and responsibilities of the Utah
115 water and power board except those which are delegated to the board by this act and is vested
116 with such other functions, powers, duties, rights and responsibilities as provided in this act and
117 other law.
118 Section 4. Section 73-10-19 is amended to read:
119 73-10-19. Director's power and authority.
120 The director shall:
121 (1) be the executive and administrative head of the Division of Water Resources;
122 (2) [
123 experience, and interest in the field of water conservation and development[
125 (3) administer the Division of Water Resources [
126 (4) succeed to all of the powers and duties conferred upon the executive secretary of
127 the Utah water and power board pursuant to Title 73, Chapter 10, Board of Water Resources -
128 Division of Water Resources[
129 (5) have the power, within [
130 Resources, to:
132 and promotion of the water and power resources of the state, including preliminary surveys,
133 stream gauging, examinations, tests, and other estimates either separately or in consultation
134 with federal, state, and other agencies;
136 prepare plans and estimates, make reports thereon, and perform necessary work to develop an
137 over-all state water plan;
143 sponsored by the board; and
145 Section 5. Section 73-10-20 is amended to read:
146 73-10-20. Loans for water systems -- Legislative declaration -- Authority of
147 Division of Water Resources to audit water data.
148 The Legislature recognizes and declares that:
149 (1) the development, protection, and maintenance of adequate and safe water supplies
150 for human consumption is vital to public health, safety, and welfare;
151 (2) [
152 districts, and special service districts in providing an adequate and safe water supply for those
153 users from municipal and district systems; and
154 (3) [
155 of existing systems, based on proper planning and sound engineering, will not only provide
156 safer water supplies, but will also serve to ensure that the water resources of the state are used
157 in an efficient manner and will avoid wasteful practices.