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8 LONG TITLE
9 General Description:
10 This bill modifies provisions related to employees of the State Board of Education.
11 Highlighted Provisions:
12 This bill:
13 ▸ provides that employees of the State Board of Education are exempt from state pay
14 plans;
15 ▸ designates employees of the State Board of Education who are exempt from the
16 career service system as schedule AE; and
17 ▸ makes technical and conforming changes.
18 Money Appropriated in this Bill:
19 None
20 Other Special Clauses:
21 None
22 Utah Code Sections Affected:
23 AMENDS:
24 4-18-105, as last amended by Laws of Utah 2015, Chapter 235
25 67-19-3, as last amended by Laws of Utah 2015, Chapter 155
26 67-19-12, as last amended by Laws of Utah 2015, Chapter 155
27 67-19-15, as last amended by Laws of Utah 2015, Chapter 401
28 67-19-15.7, as last amended by Laws of Utah 2015, Chapter 155
29 73-5-1, as last amended by Laws of Utah 2015, Chapter 401
30
31 Be it enacted by the Legislature of the state of Utah:
32 Section 1. Section 4-18-105 is amended to read:
33 4-18-105. Conservation Commission -- Functions and duties.
34 (1) The commission shall:
35 (a) facilitate the development and implementation of the strategies and programs
36 necessary to:
37 (i) protect, conserve, utilize, and develop the soil, air, and water resources of the state;
38 and
39 (ii) promote the protection, integrity, and restoration of land for agricultural and other
40 beneficial purposes;
41 (b) disseminate information regarding districts' activities and programs;
42 (c) supervise the formation, reorganization, or dissolution of districts according to the
43 requirements of Title 17D, Chapter 3, Conservation District Act;
44 (d) prescribe uniform accounting and recordkeeping procedures for districts and
45 require each district to submit annually an audit of its funds to the commission;
46 (e) approve and make loans for agricultural purposes, through the advisory board
47 described in Section 4-18-106, from the Agriculture Resource Development Fund, for:
48 (i) rangeland improvement and management projects;
49 (ii) watershed protection and flood prevention projects;
50 (iii) agricultural cropland soil and water conservation projects;
51 (iv) programs designed to promote energy efficient farming practices;
52 (v) development and implementation of coordinated resource management plans, as
53 defined in Section 4-18-103, with conservation districts, as defined in Section 17D-3-102; and
54 (vi) programs or improvements for agriculture product storage or protections of a crop
55 or animal resource;
56 (f) administer federal or state funds, including loan funds under this chapter, in
57 accordance with applicable federal or state guidelines and make loans or grants from those
58 funds to land occupiers for:
59 (i) the conservation of soil or water resources;
60 (ii) maintenance of rangeland improvement projects; and
61 (iii) the control or eradication of noxious weeds and invasive plant species:
62 (A) in cooperation and coordination with local weed boards; and
63 (B) in accordance with Section 4-2-8.7;
64 (g) seek to coordinate soil and water protection, conservation, and development
65 activities and programs of state agencies, local governmental units, other states, special interest
66 groups, and federal agencies;
67 (h) plan watershed and flood control projects in cooperation with appropriate local,
68 state, and federal authorities, and coordinate flood control projects in the state;
69 (i) assist other state agencies with conservation standards for agriculture when
70 requested; and
71 (j) when assigned by the governor, when required by contract with the Department of
72 Environmental Quality, or when required by contract with the United States Environmental
73 Protection Agency:
74 (i) develop programs for the prevention, control, or abatement of new or existing
75 pollution to the soil, water, or air of the state;
76 (ii) advise, consult, and cooperate with affected parties to further the purpose of this
77 chapter;
78 (iii) conduct studies, investigations, research, and demonstrations relating to
79 agricultural pollution issues;
80 (iv) give reasonable consideration in the exercise of its powers and duties to the
81 economic impact on sustainable agriculture;
82 (v) meet the requirements of federal law related to water and air pollution in the
83 exercise of its powers and duties; and
84 (vi) establish administrative penalties relating to agricultural discharges as defined in
85 Section 4-18-103 that are proportional to the seriousness of the resulting environmental harm.
86 (2) The commission may:
87 (a) employ, with the approval of the department, an administrator and necessary
88 technical experts and employees;
89 (b) execute contracts or other instruments necessary to exercise its powers;
90 (c) take necessary action to promote and enforce the purpose and findings of Section
91 4-18-102;
92 (d) sue and be sued; and
93 (e) adopt rules, in accordance with Title 63G, Chapter 3, Utah Administrative
94 Rulemaking Act, necessary to carry out the powers and duties described in Subsection (1) and
95 Subsections (2)(b) and (c).
96 (3) If, under Subsection (2)(a), the commission employs an individual who was
97 formerly an employee of a conservation district or the Utah Association of Conservation
98 Districts, the Department of Human Resource Management shall:
99 (a) recognize the employee's employment service credit from the conservation district
100 or association in determining leave accrual in the employee's new position within the state; and
101 (b) set the initial wage rate for the employee at the level that the employee was
102 receiving as an employee of the conservation district or association.
103 (4) An employee described in Subsection (3) is exempt from the career service
104 provisions of Title 67, Chapter 19, Utah State Personnel Management Act, and shall be
105 designated under schedule codes and parameters established by the Department of Human
106 Resource Management under Subsection 67-19-15(1)[
107 parameters established by the Department of Human Resource Management, designates the
108 employee under a different schedule recognized under Section 67-19-15.
109 (5) (a) For purposes of the report required by Subsection (5)(b), the commissioner shall
110 study the organizational structure of the employees described in Subsection (3).
111 (b) The commissioner shall report to the Natural Resources, Agriculture, and
112 Environmental Quality Appropriations Subcommittee by no later than that subcommittee's
113 November 2015 interim meeting regarding the study required by Subsection (5)(a).
114 Section 2. Section 67-19-3 is amended to read:
115 67-19-3. Definitions.
116 As used in this chapter:
117 (1) "Agency" means any department or unit of Utah state government with authority to
118 employ personnel.
119 (2) "Career service" means positions under schedule B as defined in Section 67-19-15.
120 (3) "Career service employee" means an employee who has successfully completed a
121 probationary period of service in a position covered by the career service.
122 (4) "Career service status" means status granted to employees who successfully
123 complete probationary periods for competitive career service positions.
124 (5) "Classified service" means those positions subject to the classification and
125 compensation provisions of Section 67-19-12.
126 (6) "Controlled substance" means controlled substance as defined in Section 58-37-2.
127 (7) (a) "Demotion" means a disciplinary action resulting in a reduction of an
128 employee's current actual wage.
129 (b) "Demotion" does not mean:
130 (i) a nondisciplinary movement of an employee to another position without a reduction
131 in the current actual wage; or
132 (ii) a reclassification of an employee's position under the provisions of Subsection
133 67-19-12(3) and rules made by the department.
134 (8) "Department" means the Department of Human Resource Management.
135 (9) "Disability" means a physical or mental disability as defined and protected under
136 the Americans with Disabilities Act, 42 U.S.C. Section 12101 et seq.
137 (10) "Employee" means any individual in a paid status covered by the career service or
138 classified service provisions of this chapter.
139 (11) "Examining instruments" means written or other types of proficiency tests.
140 (12) "Executive director," except where otherwise specified, means the executive
141 director of the Department of Human Resource Management.
142 (13) "Human resource function" means those duties and responsibilities specified:
143 (a) under Section 67-19-6;
144 (b) under rules of the department; and
145 (c) under other state or federal statute.
146 (14) "Market comparability adjustment" means a salary range adjustment determined
147 necessary through a market survey of salary data and other relevant information.
148 (15) "Probationary employee" means an employee serving a probationary period in a
149 career service position but who does not have career service status.
150 (16) "Probationary period" means that period of time determined by the department
151 that an employee serves in a career service position as part of the hiring process before career
152 service status is granted to the employee.
153 (17) "Probationary status" means the status of an employee between the employee's
154 hiring and the granting of career service status.
155 (18) "Structure adjustment" means a department modification of salary ranges.
156 (19) "Temporary employee" means career service exempt employees described in
157 Subsection 67-19-15(1)[
158 (20) "Total compensation" means salaries and wages, bonuses, paid leave, group
159 insurance plans, retirement, and all other benefits offered to state employees as inducements to
160 work for the state.
161 Section 3. Section 67-19-12 is amended to read:
162 67-19-12. State pay plans -- Applicability of section -- Exemptions -- Duties of the
163 executive director.
164 (1) (a) This section, and the rules adopted by the department to implement this section,
165 apply to each career and noncareer employee not specifically exempted under Subsection (2).
166 (b) If not exempted under Subsection (2), an employee is considered to be in classified
167 service.
168 (2) The following employees are exempt from this section:
169 (a) members of the Legislature and legislative employees;
170 (b) members of the judiciary and judicial employees;
171 (c) elected members of the executive branch and employees designated as schedule AC
172 as provided under Subsection 67-19-15(1)(c);
173 (d) employees of the State Board of Education [
174
175 (e) officers, faculty, and other employees of state institutions of higher education;
176 (f) employees in a position that is specified by statute to be exempt from this
177 Subsection (2);
178 (g) employees in the Office of the Attorney General;
179 (h) department heads and other persons appointed by the governor under statute;
180 (i) schedule AS employees as provided under Subsection 67-19-15(1)[
181 (j) department deputy directors, division directors, and other employees designated as
182 schedule AD as provided under Subsection 67-19-15(1)(d);
183 (k) employees that determine and execute policy designated as schedule AR as
184 provided under Subsection 67-19-15(1)[
185 (l) teaching staff, educational interpreters, and educators designated as schedule AH as
186 provided under Subsection 67-19-15(1)[
187 (m) temporary employees described in Subsection 67-19-15(1)[
188 (n) patients and inmates designated as schedule AU as provided under Subsection
189 67-19-15(1)[
190 (o) members of state and local boards and councils and other employees designated as
191 schedule AQ as provided under Subsection 67-19-15(1)[
192 (3) (a) The executive director shall prepare, maintain, and revise a position
193 classification plan for each employee position not exempted under Subsection (2) to provide
194 equal pay for equal work.
195 (b) Classification of positions shall be based upon similarity of duties performed and
196 responsibilities assumed, so that the same job requirements and the same salary range may be
197 applied equitably to each position in the same class.
198 (c) The executive director shall allocate or reallocate the position of each employee in
199 classified service to one of the classes in the classification plan.
200 (d) (i) The department shall conduct periodic studies and interviews to provide that the
201 classification plan remains reasonably current and reflects the duties and responsibilities
202 assigned to and performed by employees.
203 (ii) The executive director shall determine the need for studies and interviews after
204 considering factors such as changes in duties and responsibilities of positions or agency
205 reorganizations.
206 (4) (a) With the approval of the governor, the executive director shall develop and
207 adopt pay plans for each position in classified service.
208 (b) The executive director shall design each pay plan to achieve, to the degree that
209 funds permit, comparability of state salary ranges to the market using data obtained from
210 private enterprise and other public employment for similar work.
211 (c) The executive director shall adhere to the following in developing each pay plan:
212 (i) Each pay plan shall consist of sufficient salary ranges to:
213 (A) permit adequate salary differential among the various classes of positions in the
214 classification plan; and
215 (B) reflect the normal growth and productivity potential of employees in that class.
216 (ii) The executive director shall issue rules for the administration of pay plans.
217 (d) The establishing of a salary range is a nondelegable activity and is not appealable
218 under the grievance procedures of Sections 67-19-30 through 67-19-32, Chapter 19a,
219 Grievance Procedures, or otherwise.
220 (e) The executive director shall issue rules providing for:
221 (i) agency approved salary adjustments within approved salary ranges, including an
222 administrative salary adjustment;
223 (ii) legislatively approved salary adjustments within approved salary ranges, including
224 a merit increase, subject to Subsection (4)(f), or general increase; and
225 (iii) structure adjustments that modify salary ranges, including a cost of living
226 adjustment or market comparability adjustment.
227 (f) A merit increase shall be granted on a uniform and consistent basis to each
228 employee who receives a rating of "successful" or higher in an annual evaluation of the
229 employee's productivity and performance.
230 (5) (a) By October 31 of each year, the executive director shall submit an annual
231 compensation plan to the governor for consideration in the executive budget.
232 (b) The plan described in Subsection (5)(a) may include recommendations, including:
233 (i) salary increases that generally affect employees, including a general increase or
234 merit increase;
235 (ii) salary increases that address compensation issues unique to an agency or
236 occupation;
237 (iii) structure adjustments, including a cost of living adjustment or market
238 comparability adjustment; or
239 (iv) changes to employee benefits.
240 (c) (i) (A) Subject to Subsection (5)(c)(i)(B) or (C), the executive director shall
241 incorporate the results of a salary survey of a reasonable cross section of comparable positions
242 in private and public employment in the state into the annual compensation plan.
243 (B) The salary survey for a law enforcement officer, as defined in Section 53-13-103, a
244 correctional officer, as defined in Section 53-13-104, or a dispatcher, as defined in Section
245 53-6-102, shall at minimum include the three largest political subdivisions in the state that
246 employ, respectively, comparable positions.
247 (C) The salary survey for an examiner or supervisor described in Title 7, Chapter 1,
248 Part 2, Department of Financial Institutions, shall at minimum include the Federal Deposit
249 Insurance Corporation, Federal Reserve, and National Credit Union Administration.
250 (ii) The executive director may cooperate with or participate in any survey conducted
251 by other public and private employers.
252 (iii) The executive director shall obtain information for the purpose of constructing the
253 survey from the Division of Workforce Information and Payment Services and shall include
254 employer name, number of persons employed by the employer, employer contact information
255 and job titles, county code, and salary if available.
256 (iv) The department shall acquire and protect the needed records in compliance with
257 the provisions of Section 35A-4-312.
258 (d) The executive director may incorporate any other relevant information in the plan
259 described in Subsection (5)(a), including information on staff turnover, recruitment data, or
260 external market trends.
261 (e) The executive director shall:
262 (i) establish criteria to assure the adequacy and accuracy of data used to make
263 recommendations described in this Subsection (5); and
264 (ii) when preparing recommendations use accepted methodologies and techniques
265 similar to and consistent with those used in the private sector.
266 (f) (i) Upon request and subject to Subsection (5)(f)(ii), the department shall make
267 available foundational information used by the department or director in the drafting of a plan
268 described in Subsection (5)(a), including:
269 (A) demographic and labor market information;
270 (B) information on employee turnover;
271 (C) salary information;
272 (D) information on recruitment; and
273 (E) geographic data.
274 (ii) The department may not provide under Subsection (5)(f)(i) information or other
275 data that is proprietary or otherwise protected under the terms of a contract or by law.
276 (g) The governor shall:
277 (i) consider salary and structure adjustments recommended under Subsection (5)(b) in
278 preparing the executive budget and shall recommend the method of distributing the
279 adjustments;
280 (ii) submit compensation recommendations to the Legislature; and
281 (iii) support the recommendation with schedules indicating the cost to individual
282 departments and the source of funds.
283 (h) If funding is approved by the Legislature in a general appropriations act, the
284 adjustments take effect on the July 1 following the enactment unless otherwise indicated.
285 (6) (a) The executive director shall issue rules for the granting of incentive awards,
286 including awards for cost saving actions, awards for commendable actions by an employee, or
287 a market-based award to attract or retain employees.
288 (b) An agency may not grant a market-based award unless the award is previously
289 approved by the department.
290 (c) In accordance with Subsection (6)(b), an agency requesting the department's
291 approval of a market-based award shall submit a request and documentation, subject to
292 Subsection (6)(d), to the department.
293 (d) In the documentation required in Subsection (6)(c), the requesting agency shall
294 identify for the department:
295 (i) any benefit the market-based award would provide for the agency, including:
296 (A) budgetary advantages; or
297 (B) recruitment advantages;
298 (ii) a mission critical need to attract or retain unique or hard to find skills in the market;
299 or
300 (iii) any other advantage the agency would gain through the utilization of a
301 market-based award.
302 (7) (a) The executive director shall regularly evaluate the total compensation program
303 of state employees in the classified service.
304 (b) The department shall determine if employee benefits are comparable to those
305 offered by other private and public employers using information from:
306 (i) a study conducted by a third-party consultant; or
307 (ii) the most recent edition of a nationally recognized benefits survey.
308 Section 4. Section 67-19-15 is amended to read:
309 67-19-15. Career service -- Exempt positions -- Schedules for civil service
310 positions -- Coverage of career service provisions.
311 (1) Except as otherwise provided by law or by rules and regulations established for
312 federally aided programs, the following positions are exempt from the career service provisions
313 of this chapter and are designated under the following schedules:
314 (a) schedule AA includes the governor, members of the Legislature, and all other
315 elected state officers;
316 (b) schedule AB includes appointed executives and board or commission executives
317 enumerated in Section 67-22-2;
318 (c) schedule AC includes all employees and officers in:
319 (i) the office and at the residence of the governor;
320 (ii) the Utah Science Technology and Research Initiative (USTAR);
321 (iii) the Public Lands Policy Coordinating Council;
322 (iv) the Office of the State Auditor; and
323 (v) the Office of the State Treasurer;
324 (d) schedule AD includes employees who:
325 (i) are in a confidential relationship to an agency head or commissioner; and
326 (ii) report directly to, and are supervised by, a department head, commissioner, or
327 deputy director of an agency or its equivalent;
328 (e) schedule AE includes each employee of the State Board of Education who is
329 exempt from the career service provisions of this chapter;
330 [
331 under their own career service pay plan under Sections 67-5-7 through 67-5-13;
332 [
333 (i) teaching staff of all state institutions; and
334 (ii) employees of the Utah Schools for the Deaf and the Blind who are:
335 (A) educational interpreters as classified by the department; or
336 (B) educators as defined by Section 53A-25b-102;
337 [
338 [
339 [
340 [
341 (i) members of state and local boards and councils appointed by the governor and
342 governing bodies of agencies;
343 (ii) a water commissioner appointed under Section 73-5-1;
344 (iii) other local officials serving in an ex officio capacity; and
345 (iv) officers, faculty, and other employees of state universities and other state
346 institutions of higher education;
347 [
348 (i) for determining policy;
349 (ii) for determining the way in which a policy is carried out; or
350 (iii) of a type not appropriate for career service, as determined by the agency head with
351 the concurrence of the executive director;
352 [
353 (i) whose appointment is required by statute to be career service exempt;
354 (ii) whose agency is not subject to this chapter; or
355 (iii) whose agency has authority to make rules regarding the performance,
356 compensation, and bonuses for its employees;
357 [
358 designated as executive/professional positions by the executive director of the Department of
359 Technology Services with the concurrence of the executive director;
360 [
361 [
362 AW:
363 (i) who are temporary employees that are federally funded and are required to work
364 under federally qualified merit principles as certified by the director; or
365 (ii) for whom substantially all of their work is repetitive, measurable, or transaction
366 based, and who voluntarily apply for and are accepted by the Department of Workforce
367 Services to work in a pay for performance program designed by the Department of Workforce
368 Services with the concurrence of the executive director; and
369 [
370 limited, or variable hour in nature, under schedule codes and parameters established by the
371 department by administrative rule.
372 (2) The civil service shall consist of two schedules as follows:
373 (a) (i) Schedule A is the schedule consisting of positions under Subsection (1).
374 (ii) Removal from any appointive position under schedule A, unless otherwise
375 regulated by statute, is at the pleasure of the appointing officers without regard to tenure.
376 (b) Schedule B is the competitive career service schedule, consisting of:
377 (i) all positions filled through competitive selection procedures as defined by the
378 executive director; or
379 (ii) positions filled through a department approved on-the-job examination intended to
380 appoint a qualified person with a disability or a veteran as defined in Section 71-10-1.
381 (3) (a) The executive director, after consultation with the heads of concerned executive
382 branch departments and agencies and with the approval of the governor, shall allocate positions
383 to the appropriate schedules under this section.
384 (b) Agency heads shall make requests and obtain approval from the executive director
385 before changing the schedule assignment and tenure rights of any position.
386 (c) Unless the executive director's decision is reversed by the governor, when the
387 executive director denies an agency's request, the executive director's decision is final.
388 (4) (a) Compensation for employees of the Legislature shall be established by the
389 directors of the legislative offices in accordance with Section 36-12-7.
390 (b) Compensation for employees of the judiciary shall be established by the state court
391 administrator in accordance with Section 78A-2-107.
392 (c) Compensation for officers, faculty, and other employees of state universities and
393 institutions of higher education shall be established as provided in Title 53B, Chapter 1,
394 Governance, Powers, Rights, and Responsibilities, and Title 53B, Chapter 2, Institutions of
395 Higher Education.
396 (d) Unless otherwise provided by law, compensation for all other schedule A
397 employees shall be established by their appointing authorities, within ranges approved by, and
398 after consultation with the executive director of the Department of Human Resource
399 Management.
400 (5) An employee who is in a position designated schedule AC and who holds career
401 service status on June 30, 2010, shall retain the career service status if the employee:
402 (a) remains in the position that the employee is in on June 30, 2010; and
403 (b) does not elect to convert to career service exempt status in accordance with a rule
404 made by the department.
405 Section 5. Section 67-19-15.7 is amended to read:
406 67-19-15.7. Promotion -- Reclassification -- Market adjustment.
407 (1) (a) If an employee is promoted or the employee's position is reclassified to a higher
408 salary range maximum, the agency shall place the employee within the new range of the
409 position.
410 (b) An agency may not set an employee's salary:
411 (i) higher than the maximum in the new salary range; and
412 (ii) lower than the minimum in the new salary range of the position.
413 (c) Except for an employee described in Subsection 67-19-15(1)[
414 shall grant a salary increase of at least 5% to an employee who is promoted.
415 (2) An agency shall adjust the salary range for an employee whose salary range is
416 approved by the Legislature for a market comparability adjustment consistent with Subsection
417 67-19-12(5)(b)(i):
418 (a) at the beginning of the next fiscal year; and
419 (b) consistent with appropriations made by the Legislature.
420 (3) Department-initiated revisions in the state classification system that result in
421 consolidation or reduction of class titles or broadening of pay ranges:
422 (a) may not be regarded as a reclassification of the position or promotion of the
423 employee; and
424 (b) are exempt from the provisions of Subsection (1).
425 Section 6. Section 73-5-1 is amended to read:
426 73-5-1. Appointment of water commissioners -- Procedure.
427 (1) (a) If, in the judgment of the state engineer or the district court, it is necessary to
428 appoint a water commissioner for the distribution of water from any river system or water
429 source, the commissioner shall be appointed for a four-year term by the state engineer.
430 (b) The state engineer shall determine whether all or a part of a river system or other
431 water source shall be served by a commissioner, and if only a part is to be served, the state
432 engineer shall determine the boundaries of that part.
433 (c) The state engineer may appoint:
434 (i) more than one commissioner to distribute water from all or a part of a water source;
435 or
436 (ii) a single commissioner to distribute water from several separate and distinct water
437 sources.
438 (d) A water commissioner appointed by the state engineer under this section is:
439 (i) an employee of the Division of Water Rights;
440 (ii) career service exempt under Subsection 67-19-15(1)[
441 (iii) exempt under Subsection 67-19-12(2)(f) from the classified service provisions of
442 Section 67-19-12.
443 (2) (a) The state engineer shall consult with the water users before appointing a
444 commissioner. The form of consultation and notice to be given shall be determined by the state
445 engineer so as to best suit local conditions, while providing for full expression of majority
446 opinion.
447 (b) The state engineer shall act in accordance with the recommendation of a majority of
448 the water users, if the majority of the water users:
449 (i) agree upon:
450 (A) a qualified individual to be appointed as a water commissioner;
451 (B) the duties the individual shall perform; and
452 (C) subject to the requirements of Title 49, Utah State Retirement and Insurance
453 Benefit Act, the compensation the individual shall receive; and
454 (ii) submit a recommendation to the state engineer on the items described in
455 Subsection (2)(b)(i).
456 (c) If a majority of water users do not agree on the appointment, duties, or
457 compensation, the state engineer shall make a determination for them.
458 (3) (a) (i) The salary and expenses of the commissioner and all other expenses of
459 distribution, including printing, postage, equipment, water users' expenses, and any other
460 expenses considered necessary by the state engineer, shall be borne pro rata by the users of
461 water from the river system or water source in accordance with a schedule to be fixed by the
462 state engineer.
463 (ii) The schedule shall be based on the established rights of each water user, and the
464 pro rata share shall be paid by each water user to the state engineer on or before May 1 of each
465 year.
466 (b) The payments shall be deposited in the Water Commissioner Fund created in
467 Section 73-5-1.5.
468 (c) If a water user fails to pay the assessment as provided by Subsection (3)(a), the state
469 engineer may do any or all of the following:
470 (i) create a lien upon the water right affected by filing a notice of lien in the office of
471 the county recorder in the county where the water is diverted and bring an action to enforce the
472 lien;
473 (ii) forbid the use of water by the delinquent water user or the delinquent water user's
474 successors or assignees, while the default continues; or
475 (iii) bring an action in the district court for the unpaid expense and salary.
476 (d) In any action brought to collect any unpaid assessment or to enforce any lien under
477 this section, the delinquent water user shall be liable for the amount of the assessment, interest,
478 any penalty, and for all costs of collection, including all court costs and a reasonable attorney
479 fee.
480 (4) (a) A commissioner may be removed by the state engineer for cause.
481 (b) The users of water from any river system or water source may petition the district
482 court for the removal of a commissioner and after notice and hearing, the court may order the
483 removal of the commissioner and direct the state engineer to appoint a successor.