1     
PUBLIC ENTITY WATER USERS AMENDMENTS

2     
2020 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Jacob L. Anderegg

5     
House Sponsor: ____________

6     

7     LONG TITLE
8     General Description:
9          This bill address use of water by specific public entities.
10     Highlighted Provisions:
11          This bill:
12          ▸     defines terms;
13          ▸     requires the development and submission of certain water plans;
14          ▸     provides for the approval of the plans;
15          ▸     provides rulemaking authority;
16          ▸     requires compliance with a conservation plan;
17          ▸     requires metering of water used by a public entity water user; and
18          ▸     provides that a public entity water user may not receive state money for water
19     development if it fails to comply with the requirements.
20     Money Appropriated in this Bill:
21          None
22     Other Special Clauses:
23          None
24     Utah Code Sections Affected:
25     ENACTS:
26          73-10-35, Utah Code Annotated 1953
27     


28     Be it enacted by the Legislature of the state of Utah:
29          Section 1. Section 73-10-35 is enacted to read:
30          73-10-35. Water used by public entity water user.
31          (1) As used in this section:
32          (a) "Board" means the Board of Water Resources created in Section 73-10-1.5.
33          (b) "Division" means the Division of Water Resources created under Section 73-10-18.
34          (c) "Public entity water user" means a county, city, town, or metro township.
35          (d) "Used by a public entity water user" means water used:
36          (i) in relation to a building or other structure owned, leased, or used by a public entity
37     water user; or
38          (ii) to water land owned, leased, or used by a public entity water user.
39          (2) (a) A public entity water user shall:
40          (i) (A) develop a plan for metering water used by the public entity water user; and
41          (B) adopt a conservation plan, consistent with the conservation plan created under
42     Section 73-10-32, that applies to the efficient water use by a public water user, including
43     appropriate timing for the watering of land; and
44          (ii) submit the plans described in Subsection (2)(a)(i) by no later than November 30,
45     2020, to the division for approval by the division by no later than December 31, 2020.
46          (b) If the division does not approve a plan under Subsection (2)(a), the public entity
47     water user shall modify the plan until the plan is approved by the division.
48          (c) The board shall provide technical resources to a public entity water user to prepare
49     and implement a plan described in Subsection (2)(a).
50          (d) The board may by rule made in accordance with Title 63G, Chapter 3, Utah
51     Administrative Rulemaking Act, provide guidelines and exemptions from the requirements of a
52     plan described in Subsection (2)(a).
53          (3) A public entity water user shall follow the conservation plan adopted under
54     Subsection (2), unless the board exempts the public entity water user upon application to the
55     board by the public entity water user establishing extenuating circumstances.
56          (4) A public entity water user shall ensure that water used by the public entity water
57     user is metered by no later than January 1, 2021.
58          (5) A public entity water user may not receive state money for water development if the

59     board determines that the public entity water user fails to comply with the requirements of this
60     section.