Representative Joel K. Briscoe proposes the following substitute bill:


1     
WATER RIGHTS AND RESOURCES AMENDMENTS

2     
2016 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Joel K. Briscoe

5     
Senate Sponsor: Margaret Dayton

6     

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:
19          None
20     Other Special Clauses:
21          None
22     Utah Code Sections Affected:
23     AMENDS:
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
29     

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
37     matters;
38          (ii) governing design, construction, operation, and maintenance of public water
39     systems;
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.A. Sec. 300f et seq.;
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;
53     or
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; [and]
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
73          [(iv)] (v) meet the requirements of federal law related or pertaining to drinking water.
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.A. Sec. 300f et seq.; and
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
97     (1)(a).
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:
101          [(1)] (a) the nature of the use of any such water;
102          [(2)] (b) the area on which used;
103          [(3)] (c) the kind of crops to be grown; [and]
104          [(4)] (d) water elevations on wells or tunnels; and
105          (e) quantity of [underground] water used.
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
111     Resources.
112          (2) The Division of Water Resources shall:
113          (a) be the water [resource(s)] resource authority for the state [of Utah, shall]; and
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) [and shall be a person] be selected with special reference to [his] training,
123     experience, and interest in the field of water conservation and development[.];
124          [The director of the Division of Water Resources shall]
125          (3) administer the Division of Water Resources [and shall];
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[. The director shall]; and
129          (5) have the power, within [policies] rules established by the Board of Water
130     Resources, to:
131          [(1)] (a) make studies, investigations, and plans for the full development and utilization
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;
135          [(2)] (b) initiate and conduct water resource investigations, surveys and studies,
136     prepare plans and estimates, make reports thereon, and perform necessary work to develop an
137     over-all state water plan;
138          [(3)] (c) file applications in the name of the division for the appropriation of water[.
139     All pending water applications heretofore filed in behalf of the state or any agency thereof for
140     the use and benefit of the state are transferred to the board, and it is authorized to take such
141     action thereon as it may deem proper];
142          [(4)] (d) take all action necessary to acquire or perfect water rights for projects
143     sponsored by the board; and
144          [(5)] (e) accept, execute, and deliver deeds and all other conveyances.
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          (1) The Legislature recognizes and declares that:
149          (a) the development, protection, and maintenance of adequate and safe water supplies
150     for human consumption is vital to public health, safety, and welfare;
151          (b) [that] there exists within the state a need to assist cities, towns, improvement
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          (c) [that] the acquisition or construction of systems and the improvement and extension
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.