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7 LONG TITLE
8 General Description:
9 This bill addresses the process to finalize negotiations of Navajo water rights.
10 Highlighted Provisions:
11 This bill:
12 ▸ defines terms;
13 ▸ modifies the conditions to be met before money may be transferred from the fund;
14 and
15 ▸ makes technical changes.
16 Money Appropriated in this Bill:
17 This bill appropriates in fiscal year 2022:
18 ▸ to the General Fund Restricted -- Navajo Water Rights Negotiation Account, as a
19 one-time appropriation:
20 • from the General Fund Budget Reserve Account, $6,000,000.
21 ▸ to the Department of Natural Resources -- Division of Water Rights, as a one-time
22 appropriation:
23 • from the General Fund Restricted -- Navajo Water Rights Negotiation Account,
24 $8,000,000.
25 Other Special Clauses:
26 None
27 Utah Code Sections Affected:
28 AMENDS:
29 51-9-702, as enacted by Laws of Utah 2012, Chapter 276
30 63J-1-602.2, as last amended by Laws of Utah 2020, Fifth Special Session, Chapter 20
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32 Be it enacted by the Legislature of the state of Utah:
33 Section 1. Section 51-9-702 is amended to read:
34 51-9-702. Navajo Water Rights Negotiation Account -- Settlement.
35 (1) As used in this section:
36 (a) "Conformed agreement" means an agreement required by congressional action and
37 that the parties to the settlement agreement have agreed to enter into to complete the settlement
38 process.
39 (b) "Congressional action" means the United States Congress's approval of the
40 settlement agreement with passage of H. R. 133, Consolidated Appropriations Act, 2021,
41 Section 1102, the Navajo-Utah Water Rights Settlement.
42 (c) "Settlement agreement" means the document titled "Navajo Utah Water Rights
43 Settlement Agreement" dated December 14, 2015, and the exhibits attached to the document.
44 [
45 "Navajo Water Rights Negotiation Account."
46 (b) The restricted account shall consist of appropriations made by the Legislature.
47 (c) The Division of Finance shall:
48 (i) administer the account; and
49 (ii) deposit interest earned on the account into the General Fund.
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51 the restricted account only to plan, design, and construct drinking water projects to serve
52 populations located on the Navajo Nation reservation within the boundaries of Utah.
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59 (4) Before transferring money appropriated from the account under the settlement
60 agreement and congressional action for the purposes described in Subsection (3):
61 (a) the state engineer, appointed under Section 73-2-1, shall:
62 (i) determine whether the conformed agreement is consistent with the settlement
63 agreement in all material respects;
64 (ii) if the conformed agreement is consistent with the settlement agreement in all
65 material respects, recommend that the governor sign the conformed agreement; and
66 (iii) submit the state engineer's findings and recommendation under this Subsection
67 (4)(a) in writing to the governor and the Legislative Management Committee;
68 (b) the governor shall sign the conformed agreement; and
69 (c) all parties have signed the conformed agreement.
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71 (a) create a state obligation to provide funding for the planning, design, or construction
72 of drinking water projects to serve populations located on the Navajo Nation reservation within
73 the boundaries of the state; and
74 (b) constitute an acknowledgment or admission by the state [
75 liability or obligation.
76 Section 2. Section 63J-1-602.2 is amended to read:
77 63J-1-602.2. List of nonlapsing appropriations to programs.
78 Appropriations made to the following programs are nonlapsing:
79 (1) The Legislature and the Legislature's committees.
80 (2) The State Board of Education, including all appropriations to agencies, line items,
81 and programs under the jurisdiction of the State Board of Education, in accordance with
82 Section 53F-9-103.
83 (3) The Percent-for-Art Program created in Section 9-6-404.
84 (4) The LeRay McAllister Critical Land Conservation Program created in Section
85 11-38-301.
86 (5) Dedicated credits accrued to the Utah Marriage Commission as provided under
87 Subsection 17-16-21(2)(d)(ii).
88 (6) The Trip Reduction Program created in Section 19-2a-104.
89 (7) The Division of Wildlife Resources for the appraisal and purchase of lands under
90 the Pelican Management Act, as provided in Section 23-21a-6.
91 (8) The emergency medical services grant program in Section 26-8a-207.
92 (9) The primary care grant program created in Section 26-10b-102.
93 (10) Sanctions collected as dedicated credits from Medicaid provider under Subsection
94 26-18-3(7).
95 (11) The Utah Health Care Workforce Financial Assistance Program created in Section
96 26-46-102.
97 (12) The Rural Physician Loan Repayment Program created in Section 26-46a-103.
98 (13) The Opiate Overdose Outreach Pilot Program created in Section 26-55-107.
99 (14) Funds that the Department of Alcoholic Beverage Control retains in accordance
100 with Subsection 32B-2-301(8)(a) or (b).
101 (15) The General Assistance program administered by the Department of Workforce
102 Services, as provided in Section 35A-3-401.
103 (16) A new program or agency that is designated as nonlapsing under Section
104 36-24-101.
105 (17) The Utah National Guard, created in Title 39, Militia and Armories.
106 (18) The State Tax Commission under Section 41-1a-1201 for the:
107 (a) purchase and distribution of license plates and decals; and
108 (b) administration and enforcement of motor vehicle registration requirements.
109 (19) The Search and Rescue Financial Assistance Program, as provided in Section
110 53-2a-1102.
111 (20) The Motorcycle Rider Education Program, as provided in Section 53-3-905.
112 (21) The Utah Board of Higher Education for teacher preparation programs, as
113 provided in Section 53B-6-104.
114 (22) The Medical Education Program administered by the Medical Education Council,
115 as provided in Section 53B-24-202.
116 (23) The Division of Services for People with Disabilities, as provided in Section
117 62A-5-102.
118 (24) The Division of Fleet Operations for the purpose of upgrading underground
119 storage tanks under Section 63A-9-401.
120 (25) The Utah Seismic Safety Commission, as provided in Section 63C-6-104.
121 (26) Appropriations to the Department of Technology Services for technology
122 innovation as provided under Section 63F-4-202.
123 (27) The Office of Administrative Rules for publishing, as provided in Section
124 63G-3-402.
125 (28) The Governor's Office of Economic Development to fund the Enterprise Zone
126 Act, as provided in Title 63N, Chapter 2, Part 2, Enterprise Zone Act.
127 (29) Appropriations to fund the Governor's Office of Economic Development's Rural
128 Employment Expansion Program, as described in Title 63N, Chapter 4, Part 4, Rural
129 Employment Expansion Program.
130 (30) Appropriations to fund programs for the Jordan River Recreation Area as
131 described in Section 65A-2-8.
132 (31) The Department of Human Resource Management user training program, as
133 provided in Section 67-19-6.
134 (32) A public safety answering point's emergency telecommunications service fund, as
135 provided in Section 69-2-301.
136 (33) The Traffic Noise Abatement Program created in Section 72-6-112.
137 (34) The money appropriated from the Navajo Water Rights Negotiation Account to
138 the Division of Water Rights, created in Section 73-2-1.1, for purposes of participating in a
139 settlement of federal reserved water right claims.
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141 in Section 77-10a-19.
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143 78A-6-210.
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147 and 78B-6-144.5.
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149 Defense Commission.
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151 Management under Section 63A-5b-703 under which state agencies receive an appropriation
152 and pay lease payments for the use and occupancy of buildings owned by the Division of
153 Facilities Construction and Management.
154 Section 3. Appropriation.
155 The following sums of money are appropriated for the fiscal year beginning July 1,
156 2021, and ending June 30, 2022. These are additions to amounts previously appropriated for
157 fiscal year 2022.
158 Subsection (3)(a). Restricted Fund and Account Transfers.
159 The Legislature authorizes the State Division of Finance to transfer the following
160 amounts between the following funds or accounts indicated. Expenditures and outlays from the
161 funds to which the money is transferred must be authorized by an appropriation.
162 ITEM 1
163 To General Fund Restricted -- Navajo Water Rights Negotiation Account
164 From General Fund Budget Reserve Account, One-time
$6,000,000
165 Schedule of Programs:
166 Navajo Water Rights Negotiation Account $6,000,000
167 Subsection (3)(b). Operating and Capital Budgets.
168 Under the terms and conditions of Title 63J, Chapter 1, Budgetary Procedures Act, the
169 Legislature appropriates the following sums of money from the funds or accounts indicated for
170 the use and support of the government of the state of Utah.
171 ITEM 2
172 To Department of Natural Resources -- Water Rights
173 From General Fund Restricted -- Navajo Water Rights
174 Negotiation Account, One-time
$8,000,000
175 Schedule of Programs:
176 Adjudication $8,000,000