This document includes House Committee Amendments incorporated into the bill on Wed, Feb 26, 2020 at 12:04 PM by naomigarrow.
This document includes Senate Committee Amendments incorporated into the bill on Fri, Mar 6, 2020 at 9:31 AM by lpoole.
1     
WATERSHED COUNCILS

2     
2020 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Timothy D. Hawkes

5     
Senate Sponsor: Ralph Okerlund

6     

7     LONG TITLE
8     General Description:
9          This bill addresses the creation of watershed councils.
10     Highlighted Provisions:
11          This bill:
12          ▸     enacts the Watershed Council Act, including;
13               •     addressing interpretation of the act;
14               •     defining terms;
15               •     outlining watersheds;
16               •     providing for the creation of the Utah Watersheds Council;
17               •     granting rulemaking authority to the Division of Water Resources;
18               •     establishing the role of the Utah Watersheds Council;
19               •     providing for the creation of local watershed councils;
20               •     establishing the roles and governance of local watershed councils;
21               •     outlining conditions applicable to all watershed councils; and
22               •     providing for the review of the act; and
23          ▸     makes technical and conforming amendments.
24     Money Appropriated in this Bill:
25          None
26     Other Special Clauses:
27          None

28     Utah Code Sections Affected:
29     AMENDS:
30          79-2-201, as last amended by Laws of Utah 2017, Chapter 451
31     ENACTS:
32          73-10g-301, Utah Code Annotated 1953
33          73-10g-302, Utah Code Annotated 1953
34          73-10g-303, Utah Code Annotated 1953
35          73-10g-304, Utah Code Annotated 1953
36          73-10g-305, Utah Code Annotated 1953
37          73-10g-306, Utah Code Annotated 1953
38          73-10g-307, Utah Code Annotated 1953
39          73-10g-308, Utah Code Annotated 1953
40          73-10g-309, Utah Code Annotated 1953
41     

42     Be it enacted by the Legislature of the state of Utah:
43          Section 1. Section 73-10g-301 is enacted to read:
44     
Part 3. Watershed Councils Act

45          73-10g-301. Title -- Implementation of part.
46          (1) This part is known as the "Watershed Councils Act."
47          (2) This part shall be liberally construed to:
48          (a) develop diverse and balanced stakeholder forums for discussion of water policy and
49     resource issues at watershed and state levels that are not vested with regulatory, infrastructure
50     financing, or enforcement powers or responsibilities; and
51          (b) use local expertise and resources found in universities and other research
52     institutions or in regional, state, and federal agencies.
53          Section 2. Section 73-10g-302 is enacted to read:
54          73-10g-302. Definitions.
55          As used in this part:
56          (1) "Council" means the state council or a local council created under this part.
57          (2) "Local council" means a local watershed council created in accordance with Section
58     73-10g-306.

59          (3) "State council" means the Utah Watersheds Council created in Section 73-10g-304.
60          (4) "Utah Water Task Force" means a task force created by the Department of Natural
61     Resources to review and make recommendations regarding water issues.
62          Section 3. Section 73-10g-303 is enacted to read:
63          73-10g-303. Watersheds.
64          For the purposes of this part, the state is divided into the following watersheds,
65     corresponding to those found on hydrologic basin maps maintained by the division:
66          (1) the Bear River Watershed, comprised of the portions of Box Elder, Cache, Rich,
67     and Summit counties that drain into the Bear River or Great Salt Lake;
68          (2) the Weber River Watershed, comprised of the portions of Weber, Davis, Morgan,
69     and Summit counties that drain into the Weber River or Great Salt Lake;
70          (3) the Jordan River Watershed, comprised of the portions of Salt Lake and Utah
71     counties that drain into the Jordan River or Great Salt Lake;
72          (4) the Utah Lake Watershed, comprised of the portions of Utah, Wasatch, Juab, and
73     Summit counties that drain into Utah Lake;
74          (5) the West Desert Watershed, comprised of the portions of Box Elder, Tooele, Juab,
75     Millard, Beaver, and Iron counties that drain into Great Salt Lake or have no outlet, as well as
76     the portion of Box Elder County that drains into the Columbia River watershed;
77          (6) the Sevier River Watershed, comprised of the portions of Kane, Garfield, Wayne,
78     Ĥ→ [
Paiute] Piute ←Ĥ , Emery, Sevier, Sanpete, Carbon, Utah, Juab, Tooele, Millard, and Beaver
78a     counties that
79     drain into the Sevier River;
80          (7) the Cedar-Beaver Watershed, comprised of the portions of Washington, Iron,
81     Beaver, Garfield, Ĥ→ [
Paiute] Piute ←Ĥ , and Millard counties that historically drained into Sevier
81a     Lake;
82          (8) the Uintah Watershed, comprised of the portions of Daggett, Summit, Duchesne,
83     Uintah, Wasatch, Carbon, Grand, and Emery counties that drain into the Green and Colorado
84     rivers;
85          (9) the West Colorado River Watershed, comprised of the portions of Duchesne,
86     Wasatch, Carbon, Sanpete, Sevier, Emery, Grand, Wayne, San Juan, Garfield, and Kane
87     counties that drain into the Colorado River;
88          (10) the Southeast Colorado River Watershed, comprised of the portions of Grand,
89     Wayne, San Juan, and Garfield counties that drain into the San Juan and Colorado rivers;

90          (11) the Kanab Creek-Virgin River Watershed, comprised of the portions of Iron,
91     Washington, and Kane counties that drain into the Colorado River; and
92          (12) the Great Salt Lake Watershed, comprised of the West Desert, Bear River, Weber
93     River, Jordan River, and Utah Lake watersheds.
94          Section 4. Section 73-10g-304 is enacted to read:
95          73-10g-304. Utah Watersheds Council -- Creation and governance.
96          (1) Within the Department of Natural Resources, there is created the "Utah Watersheds
97     Council" consisting of the following members who are residents of the state:
98          (a) the executive director of the Department of Natural Resources;
99          (b) the executive director of the Department of Environmental Quality;
100          (c) the commissioner of the Department of Agriculture and Food;
101          (d) the director of the Utah Division of Indian Affairs;
102          (e) the Utah State University Extension vice president;
102a     Ŝ→      (f) the director of the Division of Emergency Management within the Department of
102b     Public Safety; ←Ŝ
103          Ŝ→ [
(f)] (g) ←Ŝ a representative designated by the Utah Association of Counties;
104          Ŝ→ [
(g)] (h) ←Ŝ a representative designated by the Utah League of Cities and Towns;
105          Ŝ→ [
(h)] (i) ←Ŝ a representative designated by the Utah Association of Special Districts;
106          Ŝ→ [
(i)] (j) ←Ŝ a representative of reclamation projects located in the state selected by the
106a     governor
107     from a list of three persons nominated jointly by the local sponsors of reclamation projects
108     located in the state and the executive director of the Department of Natural Resources;
109          Ŝ→ [
(j)] (k) ←Ŝ a representative of agricultural interests selected by the governor from a list
109a     of three
110     persons nominated jointly by the commissioner of the Department of Agriculture and Food, the
111     president of the Utah Farm Bureau, and the Utah State University Extension vice president;
112          Ŝ→ [
(k)] (l) ←Ŝ a representative of environmental conservation interests selected by the
112a     governor
113     from a list of three persons nominated jointly by the executive directors of the Department of
114     Environmental Quality and Department of Natural Resources;
115          Ŝ→ [
(l)] (m) ←Ŝ a representative of business and industry water interests selected by the
115a     governor
115a     Ĥ→ from a list of three individuals nominated jointly by the Utah Manufacturers Association,
115b     Utah Mining Association, and Utah Petroleum Association ←Ĥ ;
116     and
117          Ŝ→ [
(m)] (n) ←Ŝ the designated individual selected by a local watershed council certified
117a     under
118     Section 73-10g-306.
119          (2) (a) The division is directed, by no later than Ŝ→ [
May 12, 2021] July 1, 2020 ←Ŝ , to
119a     organize a meeting of
120     the individuals identified in Subsections (1)(a) through Ŝ→ [
(l)] (m) ←Ŝ , in which those
120a     individuals shall:

121          (i) organize the state council as provided in this part;
122          (ii) select a chair and at least one vice-chair from among the members of the state
123     council to have powers and duties provided in the organizing documents adopted by the state
124     council; and
125          (iii) adopt policies to govern the state council's activities, including policies for the
126     creation of subcommittees that may be less than a quorum of the state council and may include
127     persons of suitable expertise who are not state council members.
128          (b) The state council shall make the organizing documents and policies created under
129     Subsection (2)(a) available:
130          (i) to the public;
131          (ii) at each meeting of the state council; and
132          (iii) on a public website maintained by the division for council business.
133          (3) The state council may invite federal agencies to name representatives as liaisons to
134     the state council.
135          (4) The state council shall stagger the initial terms of the state council members listed
136     in Subsections (1) Ŝ→ [
(f)] (g) ←Ŝ through Ŝ→ [(l)] (m) ←Ŝ , after which members will be
136a     replaced according to policies
137     adopted by the state council.
138          (5) After the state council's initial organization, the state council may hold regular and
139     special meetings at such locations within the state and on a schedule as the state council
140     determines, provided that the state council shall meet at least semi-annually.
141          (6) A majority of the members of the state council constitutes a quorum.
142          (7) The action of the majority of the council constitutes the action of the state council.
143          (8) (a) The state council policies may allow that a properly authorized representative of
144     a voting member of the state council may act in the place of that voting member if the voting
145     member is absent or unable to act.
146          (b) The state council shall enter in the record of a meeting proper documentation of a
147     representative's authority to act on behalf of the voting member under this Subsection (8).
148          (c) Authorization to act on behalf of a voting member may be given for more than one
149     meeting.
150          (d) Authorization to act on behalf of a voting member shall comply with the policies
151     adopted by the state council.

152          (9) (a) The division shall staff the state council.
153          (b) The division may make rules in accordance with Title 63G, Chapter 3, Utah
154     Administrative Rulemaking Act, to facilitate the creation and operation of the state council.
155          Section 5. Section 73-10g-305 is enacted to read:
156          73-10g-305. Role of the state council.
157          (1) The state council is directed to:
158          (a) serve as a forum to encourage and facilitate discussion and collaboration by and
159     among the stakeholders relative to the water-related interests of the state and the state's people
160     and institutions;
161          (b) facilitate communication and coordination between the Department of Natural
162     Resources, the Department of Agriculture and Food, the Department of Environmental Quality,
163     and other state and federal agencies in the administration and implementation of water-related
164     activities;
165          (c) facilitate the establishment of local watershed councils by certifying a local council:
166          (i) for the watersheds defined in Section 73-10g-303; and
167          (ii) after reviewing the proceedings and documents submitted by proposed local
168     councils, to ensure that the local council meets the certification requirements in Section
169     73-10g-306;
170          (d) provide resources and support for the administration of local councils;
171          (e) consult and seek guidance from local councils; and
172          (f) provide advice to the governor and Legislature on water issues.
173          (2) The state council shall provide updates on the state council's activities annually, or
174     as invited, to:
175          (a) the Natural Resources, Agriculture, and Environment Interim Committee;
176          (b) the Legislative Water Development Commission; and
177          (c) the Utah Water Task Force.
178          Section 6. Section 73-10g-306 is enacted to read:
179          73-10g-306. Local watershed councils -- Creation.
180          (1) A proposed local watershed council may be certified by the Utah Watersheds
181     Council under Subsection 73-10g-305(1)(c) if:
182          (a) the organizing documents and policies of the proposed local watershed council:

183          (i) provide for an open and equitable system of governance;
184          (ii) encourage participation by a water user or group of water users, other watershed
185     groups, mutual irrigation companies, distribution system committees, and other stakeholders
186     within the watershed; and
187          (iii) require that:
188          (A) a majority of the members of the local council constitutes a quorum; and
189          (B) an action of the local council be approved by no less than a majority of the
190     members of the local council;
191          (b) in a balance appropriate for the watershed, the proposed local council membership
192     includes watershed stakeholders who reside or work within the watershed or own or control the
193     right to divert or use water within the watershed and is representative, where feasible, of at
194     least these interests:
195          (i) agriculture;
196          (ii) industry;
197          (iii) Indian tribes;
198          (iv) public water suppliers, as defined in Section 73-1-4;
199          (v) water planning and research institutions;
200          (vi) water quality;
201          (vii) fish and wildlife;
202          (viii) water dependent habitat and environments;
203          (ix) watershed management, such as distribution system committees functioning within
204     the watershed;
205          (x) mutual irrigation companies; and
206          (xi) local sponsors of reclamation projects;
207          (c) for each of the five watersheds that drain into Great Salt Lake, the proposed local
208     council includes a person Ŝ→ [
from] designated by ←Ŝ the Great Salt Lake local watershed
208a     council, if the Great Salt
209     Lake local watershed council is certified; and
210          (d) for the Great Salt Lake watershed, the proposed local council includes a person
211     Ŝ→ [
from] designated by ←Ŝ each of the five watersheds that drain into Great Salt Lake that has a
211a     certified local
212     watershed council.
213          (2) A local council may invite state and federal agencies to name representatives as

214     liaisons to the local council.
215          Section 7. Section 73-10g-307 is enacted to read:
216          73-10g-307. Local watershed councils -- Roles and governance.
217          (1) A local council shall provide a forum to encourage and facilitate discussion of and
218     collaboration on local watershed issues.
219          (2) A local council shall:
220          (a) select the local council's representative to the state council;
221          (b) hold meetings at times and locations as the local council determines; and
222          (c) make the local council's policies available to the public:
223          (i) at each meeting of the local council; and
224          (ii) on a public website maintained by the division for council business.
225          Section 8. Section 73-10g-308 is enacted to read:
226          73-10g-308. Conditions applicable to all watershed councils.
227          (1) A council:
228          (a) is a public body as defined in Section 52-4-103 and shall comply with Title 52,
229     Chapter 4, Open and Public Meetings Act; and
230          (b) shall comply with Title 63G, Chapter 2, Government Records Access and
231     Management Act.
232          (2) A member of a council may not receive compensation or benefits for the member's
233     service, but may receive per diem and travel expenses in accordance with:
234          (a) Section 63A-3-106;
235          (b) Section 63A-3-107; and
236          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
237     63A-3-107.
238          (3) Creation of the state council or a local council does not:
239          (a) supersede, usurp, or replace any other watershed oriented organization within the
240     relevant watershed unless otherwise agreed upon by the watershed oriented organization; or
241          (b) create a stakeholder for purposes of compliance with any state or federal law,
242     including the National Environmental Policy Act, 42 U.S.C. Sec. 4321 et seq.
243          (4) A council does not have separate or inherent adjudicative, regulatory, infrastructure
244     development, infrastructure financing, enforcement, or other powers or responsibilities beyond

245     those stated in this part.
246          Section 9. Section 73-10g-309 is enacted to read:
247          73-10g-309. Review of Watershed Councils Act.
248          (1) The Natural Resources, Agriculture, and Environment Interim Committee shall
249     direct a review of this part, which shall begin no later than October 1, 2024, and end before
250     September 30, 2025.
251          (2) The state council shall clearly identify for the Natural Resources, Agriculture, and
252     Environment Interim Committee the public purposes and interests for which the councils were
253     originally created and whether those public purposes and interests are still relevant and are
254     being adequately addressed through the councils.
255          (3) The Natural Resources, Agriculture, and Environment Interim Committee shall
256     consider the extent to which the councils have operated in the public interest and served as
257     valuable forums for water-related discussions among stakeholders.
258          (4) The interim committee shall submit a report of its recommendations, including
259     proposed legislation and recommendations concerning the part to the Legislature before
260     January 1, 2026.
261          Section 10. Section 79-2-201 is amended to read:
262          79-2-201. Department of Natural Resources created.
263          (1) There is created the Department of Natural Resources.
264          (2) The department comprises the following:
265          (a) Board of Water Resources, created in Section 73-10-1.5;
266          (b) Board of Oil, Gas, and Mining, created in Section 40-6-4;
267          (c) Board of Parks and Recreation, created in Section 79-4-301;
268          (d) Wildlife Board, created in Section 23-14-2;
269          (e) Board of the Utah Geological Survey, created in Section 79-3-301;
270          (f) Water Development Coordinating Council, created in Section 73-10c-3;
271          (g) Division of Water Rights, created in Section 73-2-1.1;
272          (h) Division of Water Resources, created in Section 73-10-18;
273          (i) Division of Forestry, Fire, and State Lands, created in Section 65A-1-4;
274          (j) Division of Oil, Gas, and Mining, created in Section 40-6-15;
275          (k) Division of Parks and Recreation, created in Section 79-4-201;

276          (l) Division of Wildlife Resources, created in Section 23-14-1;
277          (m) Utah Geological Survey, created in Section 79-3-201;
278          (n) Heritage Trees Advisory Committee, created in Section 65A-8-306;
279          (o) Recreational Trails Advisory Council, authorized by Section 79-5-201;
280          (p) Boating Advisory Council, authorized by Section 73-18-3.5;
281          (q) Wildlife Board Nominating Committee, created in Section 23-14-2.5; [and]
282          (r) Wildlife Regional Advisory Councils, created in Section 23-14-2.6[.]; and
283          (s) Utah Watersheds Council, created in Section 73-10g-304.