1     
UTAH WATERSHEDS COUNCIL AMENDMENTS

2     
2022 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Scott H. Chew

5     
Senate Sponsor: David P. Hinkins

6     

7     LONG TITLE
8     General Description:
9          This bill addresses the Utah Watersheds Council.
10     Highlighted Provisions:
11          This bill:
12          ▸     modifies the membership of the Utah Watersheds Council;
13          ▸     removes outdated language; and
14          ▸     makes technical changes.
15     Money Appropriated in this Bill:
16          None
17     Other Special Clauses:
18          None
19     Utah Code Sections Affected:
20     AMENDS:
21          73-10g-304, as enacted by Laws of Utah 2020, Chapter 309
22     

23     Be it enacted by the Legislature of the state of Utah:
24          Section 1. Section 73-10g-304 is amended to read:
25          73-10g-304. Utah Watersheds Council -- Creation and governance.
26          (1) Within the Department of Natural Resources, there is created the "Utah Watersheds
27     Council" consisting of the following members who are residents of the state:

28          (a) the executive director of the Department of Natural Resources;
29          (b) the executive director of the Department of Environmental Quality;
30          (c) the commissioner of the Department of Agriculture and Food;
31          (d) the director of the Utah Division of Indian Affairs;
32          (e) the Utah State University Extension vice president;
33          (f) the director of the Division of Emergency Management within the Department of
34     Public Safety;
35          (g) a representative designated by the Utah Association of Counties;
36          (h) a representative designated by the Utah League of Cities and Towns;
37          (i) a representative designated by the Utah Association of Special Districts;
38          (j) a representative of reclamation projects located in the state selected by the governor
39     from a list of three persons nominated jointly by the local sponsors of reclamation projects
40     located in the state and the executive director of the Department of Natural Resources;
41          (k) a representative of agricultural interests selected by the governor from a list of three
42     persons nominated jointly by the commissioner of the Department of Agriculture and Food, the
43     president of the Utah Farm Bureau, and the Utah State University Extension vice president;
44          (l) a representative of environmental conservation interests selected by the governor
45     from a list of three persons nominated jointly by the executive directors of the Department of
46     Environmental Quality and Department of Natural Resources;
47          (m) a representative of business and industry water interests selected by the governor
48     from a list of three individuals nominated jointly by the Utah Manufacturers Association, Utah
49     Mining Association, and Utah Petroleum Association; [and]
50          (n) an attorney whose practice area focuses on water law selected by the governor from
51     a list of three individuals nominated jointly by the executive director of the Department of
52     Natural Resources, the executive director of the Department of Environmental Quality, and the
53     commissioner of the Department of Agriculture and Food; and
54          [(n)] (o) the designated individual selected by a local watershed council certified under
55     Section 73-10g-306.
56          [(2) (a) The division is directed, by no later than July 1, 2020, to organize a meeting of
57     the individuals identified in Subsections (1)(a) through (m), in which those individuals shall:]
58          (2) (a) The state council shall:

59          (i) organize the state council as provided in this part;
60          (ii) select a chair and at least one vice-chair from among the members of the state
61     council to have powers and duties provided in the organizing documents adopted by the state
62     council; and
63          (iii) adopt policies to govern the state council's activities, including policies for the
64     creation of subcommittees that may be less than a quorum of the state council and may include
65     persons of suitable expertise who are not state council members.
66          (b) The state council shall make the organizing documents and policies created under
67     Subsection (2)(a) available:
68          (i) to the public;
69          (ii) at each meeting of the state council; and
70          (iii) on a public website maintained by the division for council business.
71          (3) The state council may invite federal agencies to name representatives as liaisons to
72     the state council.
73          (4) The state council shall stagger the initial terms of the state council members listed
74     in Subsections (1)(g) through [(m)] (n), after which members will be replaced according to
75     policies adopted by the state council.
76          (5) After the state council's initial organization, the state council may hold regular and
77     special meetings at such locations within the state and on a schedule as the state council
78     determines, provided that the state council shall meet at least semi-annually.
79          (6) A majority of the members of the state council constitutes a quorum.
80          (7) The action of the majority of the council constitutes the action of the state council.
81          (8) (a) The state council policies may allow that a properly authorized representative of
82     a voting member of the state council may act in the place of that voting member if the voting
83     member is absent or unable to act.
84          (b) The state council shall enter in the record of a meeting proper documentation of a
85     representative's authority to act on behalf of the voting member under this Subsection (8).
86          (c) Authorization to act on behalf of a voting member may be given for more than one
87     meeting.
88          (d) Authorization to act on behalf of a voting member shall comply with the policies
89     adopted by the state council.

90          (9) (a) The division shall staff the state council.
91          (b) The division may make rules in accordance with Title 63G, Chapter 3, Utah
92     Administrative Rulemaking Act, to facilitate the creation and operation of the state council.