Representative Kim F. Coleman proposes the following substitute bill:





Chief Sponsor: Kim F. Coleman

Senate Sponsor: Curtis S. Bramble


9     General Description:
10          This bill puts requirements on a city that supplies municipal water outside the city's
11     jurisdictional boundaries.
12     Highlighted Provisions:
13          This bill:
14          ▸     requires a city that supplies municipal water outside the city's jurisdictional
15     boundaries to post certain information publicly and provide it to the state engineer;
16          ▸     specifies that the state engineer may make rules regarding the form and content of
17     information supplied by a city supplying municipal water to a service area outside
18     the city's jurisdictional boundaries and shall also post the information to the
19     division's website; and
20          ▸     makes technical changes.
21     Money Appropriated in this Bill:
22          None
23     Other Special Clauses:
24          None
25     Utah Code Sections Affected:

26     AMENDS:
27          73-2-1, as last amended by Laws of Utah 2017, Chapter 60
28     ENACTS:
29          10-8-15.5, Utah Code Annotated 1953

31     Be it enacted by the Legislature of the state of Utah:
32          Section 1. Section 10-8-15.5 is enacted to read:
33          10-8-15.5. Providing municipal water beyond jurisdictional boundaries.
34          A city that provides municipal water to a service area outside the city's jurisdictional
35     boundaries shall:
36          (1) post the following information on the city's website:
37          (a) a map of the area being served;
38          (b) any change application number, if applicable, being used to service the area outside
39     the city's jurisdictional boundaries;
40          (c) the quantity of water being used to service the area outside the city's jurisdictional
41     boundaries;
42          (d) the rates assessed to water users, both inside and outside municipal boundaries;
43          (e) the number of retail water connections the city serves inside the municipal
44     boundary and the number of retail water connections the city serves outside the municipal
45     boundary;
46          (f) the number of master meter connections that provide culinary water to residents
47     beyond the water; and
48          (g) a financial statement that shows separate financial accounting of revenues derived
49     from water service delivered inside the municipal boundary and water service delivered outside
50     the municipal boundary; and
51          (2) provide all the information described in Subsection (1) to the state engineer
52     described in Section 73-2-1.
53          Section 2. Section 73-2-1 is amended to read:
54          73-2-1. State engineer -- Term -- Powers and duties -- Qualification for duties.
55          (1) There shall be a state engineer.
56          (2) The state engineer shall:

57          (a) be appointed by the governor with the consent of the Senate;
58          (b) hold office for the term of four years and until a successor is appointed; and
59          (c) have five years experience as a practical engineer or the theoretical knowledge,
60     practical experience, and skill necessary for the position.
61          (3) (a) The state engineer shall be responsible for the general administrative
62     supervision of the waters of the state and the measurement, appropriation, apportionment, and
63     distribution of those waters.
64          (b) The state engineer may secure the equitable apportionment and distribution of the
65     water according to the respective rights of appropriators.
66          (4) The state engineer shall make rules, in accordance with Title 63G, Chapter 3, Utah
67     Administrative Rulemaking Act, consistent with the purposes and provisions of this title,
68     regarding:
69          (a) reports of water right conveyances;
70          (b) the construction of water wells and the licensing of water well drillers;
71          (c) dam construction and safety;
72          (d) the alteration of natural streams;
73          (e) geothermal resource conservation;
74          (f) enforcement orders and the imposition of fines and penalties; and
75          (g) the duty of water.
76          (5) The state engineer may make rules, in accordance with Title 63G, Chapter 3, Utah
77     Administrative Rulemaking Act, consistent with the purposes and provisions of this title,
78     governing:
79          (a) water distribution systems and water commissioners;
80          (b) water measurement and reporting;
81          (c) groundwater recharge and recovery;
82          (d) wastewater reuse;
83          (e) the form, content, and processing procedure for a claim under Section 73-5-13 to
84     surface or underground water that is not represented by a certificate of appropriation;
85          (f) the form and content of a proof submitted to the state engineer under Section
86     73-3-16;
87          (g) the determination of water rights; or

88          (h) the form and content of applications and related documents, maps, and reports,
89     including information required by Section 10-8-15.5.
90          (6) The state engineer shall maintain a section on the division's website titled
91     "extraterritorial water service areas" and include in that section the information required by
92     Section 10-8-15.5.
93          [(6)] (7) The state engineer may bring suit in courts of competent jurisdiction to:
94          (a) enjoin the unlawful appropriation, diversion, and use of surface and underground
95     water without first seeking redress through the administrative process;
96          (b) prevent theft, waste, loss, or pollution of those waters;
97          (c) enable him to carry out the duties of the state engineer's office; and
98          (d) enforce administrative orders and collect fines and penalties.
99          [(7)] (8) The state engineer may:
100          (a) upon request from the board of trustees of an irrigation district under Title 17B,
101     Chapter 2a, Part 5, Irrigation District Act, or another local district under Title 17B, Limited
102     Purpose Local Government Entities - Local Districts, or a special service district under Title
103     17D, Chapter 1, Special Service District Act, that operates an irrigation water system, cause a
104     water survey to be made of all lands proposed to be annexed to the district in order to
105     determine and allot the maximum amount of water that could be beneficially used on the land,
106     with a separate survey and allotment being made for each 40-acre or smaller tract in separate
107     ownership; and
108          (b) upon completion of the survey and allotment under Subsection [(7)] (8)(a), file with
109     the district board a return of the survey and report of the allotment.
110          [(8)] (9) (a) The state engineer may establish water distribution systems and define
111     their boundaries.
112          (b) The water distribution systems shall be formed in a manner that:
113          (i) secures the best protection to the water claimants; and
114          (ii) is the most economical for the state to supervise.