1     
WATER CONSERVATION PLAN AMENDMENTS

2     
2019 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Suzanne Harrison

5     
Senate Sponsor: ____________

6     

7     LONG TITLE
8     General Description:
9          This bill addresses water conservation plans.
10     Highlighted Provisions:
11          This bill:
12          ▸     modifies what is required to be included in a water conservation plan; and
13          ▸     makes technical changes.
14     Money Appropriated in this Bill:
15          None
16     Other Special Clauses:
17          None
18     Utah Code Sections Affected:
19     AMENDS:
20          73-10-32, as last amended by Laws of Utah 2007, Chapter 329
21     

22     Be it enacted by the Legislature of the state of Utah:
23          Section 1. Section 73-10-32 is amended to read:
24          73-10-32. Definitions -- Water conservation plan required.
25          (1) As used in this section:
26          (a) "Board" means the Board of Water Resources created under Section 73-10-1.5.
27          (b) "Division" means the Division of Water Resources created under Section 73-10-18.
28          (c) "Retail" means the level of distribution of culinary water that supplies culinary
29     water directly to the end user.
30          (d) "Retail water provider" means an entity [which] that:
31          (i) supplies culinary water to end users; and
32          (ii) has more than 500 service connections.
33          (e) "Water conservancy district" means an entity formed under Title 17B, Chapter 2a,
34     Part 10, Water Conservancy District Act.
35          (f) "Water conservation plan" means a written document that contains existing and
36     proposed water conservation measures describing what will be done by retail water providers,
37     water conservancy districts, and the end user of culinary water to help conserve water and limit
38     or reduce [its] water use in the state in terms of per capita consumption so that adequate
39     supplies of water are available for future needs.
40          (2) (a) [Each] A water conservation plan shall contain:
41          (i) a clearly stated overall water use reduction goal and an implementation plan for
42     each of the water conservation measures [it] the water conservation plan chooses to use,
43     including a timeline for action and an evaluation process to measure progress;
44          (ii) by no later than the date the retail water provider or water conservation district
45     updates the water conservation plan after May 14, 2019, an evaluation of:
46          (A) what specific measures the retail water provider or water conservancy district
47     would have to enact to reduce per capita water use to 175 gallons per capita day or less and
48     how much it would cost to do so; and
49          (B) how much it would cost the retail water provider or water conservancy district to
50     not reduce water use to 175 gallons per capita day through consideration of the retail water
51     provider's or water conservancy district's operation and maintenance costs, treatment costs,
52     delivery costs, new water source acquisition costs, and any other substantial expense;
53          [(ii)] (iii) a requirement that each water conservancy district and retail water provider
54     devote part of at least one regular meeting every five years of [its] the water conservancy
55     district's or retail water provider's governing body to a discussion and formal adoption of the
56     water conservation plan, and allow public comment on [it] the water conservation plan;
57          [(iii)] (iv) a requirement that a notification procedure be implemented that includes the
58     delivery of the water conservation plan to the media and to the governing body of each
59     municipality and county served by the water conservancy district or retail water provider; and
60          [(iv)] (v) a copy of the minutes of the meeting and the notification procedure required
61     in Subsections (2)(a)[(ii)](iii) and [(iii)] (iv), which shall be added as an appendix to the plan.
62          (b) A water conservation plan may include information regarding:
63          (i) the installation and use of water efficient fixtures and appliances, including toilets,
64     shower fixtures, and faucets;
65          (ii) residential and commercial landscapes and irrigation that require less water to
66     maintain;
67          (iii) more water efficient industrial and commercial processes involving the use of
68     water;
69          (iv) water reuse systems, both potable and not potable;
70          (v) distribution system leak repair;
71          (vi) dissemination of public information regarding more efficient use of water,
72     including public education programs, customer water use audits, and water saving
73     demonstrations;
74          (vii) water rate structures designed to encourage more efficient use of water;
75          (viii) statutes, ordinances, codes, or regulations designed to encourage more efficient
76     use of water by means such as water efficient fixtures and landscapes;
77          (ix) incentives to implement water efficient techniques, including rebates to water
78     users to encourage the implementation of more water efficient measures; and
79          (x) other measures designed to conserve water.
80          (c) The [Division of Water Resources] division may be contacted for information and
81     technical resources regarding measures listed in Subsections (2)(b)(i) through (2)(b)(x).
82          (3) (a) [Before April 1, 1999, each] A water conservancy district and each retail water
83     provider shall:
84          (i) (A) prepare and adopt a water conservation plan if one has not already been
85     adopted; or
86          (B) if the district or provider has already adopted a water conservation plan, review the
87     existing water conservation plan to determine if [it] the water conservation plan should be
88     amended and, if so, amend the water conservation plan; and
89          (ii) file a copy of the water conservation plan or amended water conservation plan with
90     the division.
91          (b) Before adopting or amending a water conservation plan, [each] a water conservancy
92     district or retail water provider shall hold a public hearing with reasonable, advance public
93     notice.
94          (4) (a) The board shall:
95          (i) provide guidelines and technical resources to retail water providers and water
96     conservancy districts to prepare and implement water conservation plans; and
97          (ii) investigate alternative measures designed to conserve water[; and].
98          [(iii) report regarding its compliance with the act and impressions of the overall quality
99     of the plans submitted to the Natural Resources, Agriculture, and Environment Interim
100     Committee of the Legislature at its meeting in November 2004.]
101          (b) The board shall publish an annual report in a paper of state-wide distribution
102     specifying the retail water providers and water conservancy districts that do not have a current
103     water conservation plan on file with the board at the end of the calendar year.
104          (5) A water conservancy district or retail water provider may only receive state funds
105     for water development if they comply with the requirements of this [act] chapter.
106          (6) [Each] A water conservancy district and retail water provider specified under
107     Subsection (3)(a) shall:
108          (a) update [its] the water conservancy district's or retail water provider's water
109     conservation plan no less frequently than every five years; and
110          (b) follow the procedures required under Subsection (3) when updating the water
111     conservation plan.
112          (7) It is the intent of the Legislature that the water conservation plans, amendments to
113     existing water conservation plans, and the studies and report by the board be handled within the
114     existing budgets of the respective entities or agencies.