Chief Sponsor: Scott H. Chew

Senate Sponsor: Margaret Dayton


8     General Description:
9          This bill modifies the acceptable uses of the Water Commissioner Fund.
10     Highlighted Provisions:
11          This bill:
12          ▸     exempts the state engineer from Title 63G, Chapter 6a, Utah Procurement Code, for
13     the purpose of Section 73-5-1.5;
14          ▸     requires the Division of Finance, in consultation with the state engineer, to establish
15     a rule governing reimbursement for damages and wear and tear to a water
16     commissioner's personal vehicle incurred while the water commissioner fulfills the
17     water commissioner's official duties;
18          ▸     states that the state engineer shall use money in the Water Commissioner Fund to:
19               •     pay the expense of a water commissioner if a distribution system committee
20     approves the expense; and
21               •     pay a reasonable administrative expense of a distribution system committee;
22          ▸     describes the requirements for a distribution system committee to approve an
23     expense; and
24          ▸     makes technical changes.
25     Money Appropriated in this Bill:
26          None
27     Other Special Clauses:

28          None
29     Utah Code Sections Affected:
30     AMENDS:
31          73-5-1.5, as last amended by Laws of Utah 2015, Chapter 401

33     Be it enacted by the Legislature of the state of Utah:
34          Section 1. Section 73-5-1.5 is amended to read:
35          73-5-1.5. Water Commissioner Fund.
36          (1) There is created an expendable special revenue fund known as the "Water
37     Commissioner Fund."
38          (2) The fund consists of assessments paid to the state engineer by water users pursuant
39     to Subsection 73-5-1(3).
40          (3) (a) The fund shall earn interest.
41          (b) Interest earned on fund money shall be deposited into the fund.
42          (4) (a) For the purpose of this section, the state engineer is exempt from Title 63G,
43     Chapter 6a, Utah Procurement Code.
44          (b) The state engineer shall, in accordance with this section and Title 63G, Chapter 3,
45     Utah Administrative Rulemaking Act, establish rules governing the use of the fund.
46          (c) By July 1, 2017, the Division of Finance shall, in consultation with the state
47     engineer, establish a rule governing reimbursement for damages and wear and tear to a water
48     commissioner's personal vehicle incurred while the water commissioner fulfills the water
49     commissioner's official duties.
50          [(4)] (5) The state engineer shall use fund money to pay:
51          (a) for salary and [expenses of water commissioners and other] benefits of a water
52     commissioner;
53          (b) expenses related to the distribution of water specified in Subsection 73-5-1(3)[.],
54     including general operating expenses, equipment repairs, purchasing, and other expenses
55     required for proper water distribution, if:
56          (i) the expense has been approved by the water commissioner's distribution system
57     committee, in accordance with Subsection (6);
58          (ii) the distribution system committee provides to the state engineer accurate

59     documentation of the expense; and
60          (iii) there are sufficient funds to cover the expense; and
61          (c) reasonable administration expenses of the distribution system committee.
62          (6) A distribution system committee may approve an expense of a water commissioner
63     if:
64          (a) the distribution system committee finds that the expense is reasonable; and
65          (b) the water commissioner provides the state engineer and the distribution system
66     committee with adequate documentation of the expense.
67          (7) Subject to Subsection (8), an expense paid pursuant to Subsection (5)(b) shall be:
68          (a) distributed in a reimbursement check or direct deposit separate from a water
69     commissioner's regular paycheck, if requested by the water commissioner; or
70          (b) paid directly to the vendor approved by the distribution system committee.
71          (8) There is a rebuttable presumption that an expense budgeted for and approved by a
72     distribution system committee is a reasonable expense.

Legislative Review Note
Office of Legislative Research and General Counsel