This document includes Senate 2nd Reading Floor Amendments incorporated into the bill on Thu, Feb 10, 2022 at 3:41 PM by kpoll.
Senator Ronald M. Winterton proposes the following substitute bill:




Chief Sponsor: Ronald M. Winterton

House Sponsor: Scott H. Chew


8     General Description:
9          This bill modifies provisions related to the Colorado River Authority of Utah.
10     Highlighted Provisions:
11          This bill:
12          ▸     amends the membership on the Colorado River Authority of Utah;
13          ▸     amends the Colorado River authority areas;
14          ▸     requires the authority to consult with tribes;
15          ▸     addresses rulemaking and resolution procedure requirements; and
16          ▸     makes technical changes, including omitting outdated language.
17     Money Appropriated in this Bill:
18          None
19     Other Special Clauses:
20          None
21     Utah Code Sections Affected:
22     AMENDS:
23          63M-14-202, as enacted by Laws of Utah 2021, Chapter 179
24          63M-14-203, as enacted by Laws of Utah 2021, Chapter 179 and further amended by
25     Revisor Instructions, Laws of Utah 2021, Chapter 179

26          63M-14-209, as enacted by Laws of Utah 2021, Chapter 179
27          63M-14-210, as enacted by Laws of Utah 2021, Chapter 179
28     REPEALS:
29          63M-14-206, as enacted by Laws of Utah 2021, Chapter 179

31     Be it enacted by the Legislature of the state of Utah:
32          Section 1. Section 63M-14-202 is amended to read:
33          63M-14-202. Organization of the authority.
34          (1) The authority is composed of [six] seven authority members:
35          (a) five authority members who represent Colorado River authority areas; [and]
36          (b) one authority member who represents the governor[.]; and
37          (c) one authority member who represents tribal interests.
38          (2) The five Colorado River authority areas, defined by existing county boundaries that
39     reflect the historic and current use of the Colorado River system, include:
40          (a) the Central Utah Area composed of Salt Lake, Utah, Juab, Sanpete, Summit,
41     Wasatch, Duchesne, and Uintah counties, located within the service area of the Central Utah
42     Water Conservancy District;
43          (b) the Uintah Basin Area composed of Duchesne and Uintah counties,
44     notwithstanding that these counties fall within the Central Utah Area, and Daggett county;
45          (c) the Price and San Rafael Area composed of Carbon and Emery counties;
46          (d) the Virgin River Area composed of Kane and Washington counties; and
47          (e) the State of Utah Area that represents:
48          (i) the remaining counties using the Colorado River system;
49          (ii) the Department of Natural Resources and the Department of Natural Resources'
50     divisions; and
51          (iii) the users of the Colorado River system that are not specifically included in the
52     other four Colorado River authority areas and include [Daggett,] Garfield, Grand, San Juan,
53     and Wayne counties.
54          (3) The members of the authority are:
55          (a) four members appointed as follows:
56          (i) a representative of the Central Utah Area appointed by the board of trustees of the

57     Central Utah Water Conservancy District;
58          (ii) a representative of the Uintah Basin Area appointed jointly by the boards of
59     trustees of the Duchesne County and Uintah Water Conservancy Districts;
60          (iii) a representative of the Price and San Rafael Area appointed jointly by the county
61     commission of Carbon County and the board of trustees of the Emery Water Conservancy
62     District; and
63          (iv) a representative of the Virgin River Area appointed by the board of trustees of the
64     Washington County Water Conservancy District;
65          (b) the director of the Division of Water Resources as the representative of the State of
66     Utah Area created in Subsection (2)(e); [and]
67          (c) the executive director of the Department of Natural Resources as the representative
68     of the governor[.]; and
69          (d) a representative of tribal interests who is:
70          (i) appointed by the governor; and
71          (ii) a member of a federally recognized Indian tribe if the tribe is, in whole or in part,
72     located within the state and within the Colorado River system.
73          (4) A joint appointment required under Subsection (3) requires the agreement of both
74     appointing authorities before the authority member seat is filled.
75          (5) An authority member who is appointed under Subsection (3) shall:
76          (a) be a resident of the state; and
77          (b) have experience and a general knowledge of:
78          (i) Colorado River issues and the use of the Colorado River system in the member's
79     respective Colorado River authority area;
80          (ii) the development of the use of the waters of the Colorado River system; and
81          (iii) the rights of this state concerning the resources and benefits of the Colorado River
82     system.
83          (6) (a) An appointing authority shall notify the chair of:
84          (i) the appointing authority's initial appointment to the authority [on or before July 1,
85     2021]; and
86          (ii) the appointment of a new member or when a vacancy is being filled.
87          (b) An appointment of an authority member is effective when received by the chair.

88          (c) The initial term of an appointed authority member expires June 30, 2027. Before
89     June 30, 2027, the authority shall adopt a system to stagger the terms of appointed authority
90     members beginning July 1, 2027, and notify each appointing authority of the duration of the
91     term of the appointing authority's authority member. The staggering of terms after July 1, 2027,
92     shall result in approximately one-third of the appointed authority members' terms expiring
93     every two years. After the respective terms of adjustment are complete, subsequent authority
94     members shall be appointed by an appointing authority for six-year terms.
95          (d) An authority member term shall end on June 30. New terms commence on July 1.
96          (e) An authority member whose term has expired shall serve until replaced or
97     reappointed by the applicable appointing authority.
98          (f) An appointing authority may at any time remove the appointing authority's authority
99     member for neglect of duty or malfeasance in office. If the authority member is jointly
100     appointed, the authority member may only be removed by joint agreement of both appointing
101     authorities.
102          (7) In the event of a vacancy in the authority, the chair shall notify the appointing
103     authority of the vacancy and ask that an authority member be promptly appointed.
104          (8) (a) An authority member may not receive compensation or benefits for the
105     member's service, but may receive per diem and travel expenses in accordance with:
106          (i) Section 63A-3-106;
107          (ii) Section 63A-3-107; and
108          (iii) rules made by the Department of Finance pursuant to Sections 63A-3-106 and
109     63A-3-107.
110          (b) If an authority member is a full-time employee with either the state or a water
111     conservancy district, the authority member is not eligible for the per diem compensation.
112          (9) The executive director appointed under Section 63M-14-401 shall provide staff
113     services to the authority.
114          Section 2. Section 63M-14-203 is amended to read:
115          63M-14-203. Authority operation -- Participation of the Department of Natural
116     Resources -- Consultation with tribes.
117          (1) An authority member has one vote on authority matters.
118          (2) (a) Four members of the authority constitute a quorum to conduct authority

119     business.
120          (b) A vote of four members is needed to pass authority business.
121          (3) (a) (i) The river commissioner appointed by the governor before March 16, 2021,
122     shall serve as the chair of the authority until June 30, 2027, if the river commissioner is a
123     member of the authority.
124          (ii) Beginning on July 1, 2027, the river commissioner shall be appointed under
125     Section 63M-14-301 and shall serve as chair of the authority for a term of six years in
126     accordance with Section 63M-14-302.
127          (b) The authority may elect other officers such as vice chair, secretary, and treasurer.
128          (c) The chair, vice chair, secretary, and treasurer are required to be authority members.
129          (d) Other officers of the authority are not required to be authority members. The
130     authority shall adopt [rules, in accordance with Title 63G, Chapter 3, Utah Administrative
131     Rulemaking Act, for], by resolution, job responsibilities and terms of offices for the officers
132     appointed under this Subsection (3)(d).
133          (e) If an authority officer no longer serves as an officer of the authority, the authority
134     shall fill the vacancy for the unexpired term of the officer who is no longer serving.
135          (4) (a) The Department of Natural Resources shall cooperate with the authority.
136          (b) At the request of the authority, the executive director of the Department of Natural
137     Resources shall:
138          (i) provide to the authority data or information collected by the Department of Natural
139     Resources; and
140          (ii) ensure that the Department of Natural Resources present information to the
141     authority.
142          (5) The authority shall seek Ŝ→ [
consultation and] ←Ŝ an appropriate
142a     government-to-government
143     relationship Ŝ→ on matters directly related to the authority's general powers and mission as set
143a     forth in Section 63M-14-204 ←Ŝ with Ŝ→ all ←Ŝ federally recognized Indian tribes located, in
143b     whole or in part, within the state
144     and within the Colorado River system.
145          Section 3. Section 63M-14-209 is amended to read:
146          63M-14-209. Advisory councils authorized -- Consultations.
147          (1) (a) The authority may create authorized advisory councils of interested persons for
148     consultations with the authority.
149          (b) The authority shall[, by no later than December 31, 2021, make rules] by resolution
150     adopt policies governing:
151          (i) authorized advisory councils;
152          (ii) authorized advisory council members;
153          (iii) authorized advisory council leadership; and
154          (iv) authorized topic areas of interest for each authorized advisory council that directly
155     relate to the mission and objectives of the authority.
156          (c) The authority may consult with authorized advisory councils and consider data,
157     information, and input from these authorized advisory councils relevant to the mission and
158     objectives of the authority.
159          (2) The authority may consult with relevant watershed councils created under Title 73,
160     Chapter 10g, Part 3, Watershed Councils Act.
161          Section 4. Section 63M-14-210 is amended to read:
162          63M-14-210. Application of state laws.
163          (1) (a) The authority is not an executive branch procurement unit under Title 63G,
164     Chapter 6a, Utah Procurement Code, and is not subject to that chapter.
165          (b) The authority shall [make by rule] by resolution adopt a procurement procedure
166     substantially similar to Title 63G, Chapter 6a, Utah Procurement Code, or a procurement code
167     adopted by an appointing authority.
168          (c) The authority may contract with an appointing authority that has a local
169     procurement procedure to deal with procurement in manner consistent with the [rules made]
170     resolution adopted under Subsection (1)(b).
171          (2) (a) The authority shall comply with Title 63A, Chapter 17, Utah State Personnel
172     Management Act, except as provided in this Subsection (2).
173          (b) (i) The authority may approve, upon recommendation of the chair, that exemption
174     for specific positions under Subsections 63A-17-301(1) and 63A-17-307(2) is required to
175     enable the authority to efficiently fulfill the authority's responsibilities under the law.
176          (ii) The chair shall consult with the executive director of the Division of Human
177     Resource Management before making a recommendation under Subsection (2)(b)(i).
178          (iii) The position of executive director is exempt under Subsections 63A-17-301(1) and
179     63A-17-307(2).
180          (c) (i) The executive director shall set salaries for exempted positions, except for the

181     executive director, after consultation with the executive director of the Department of Human
182     Resource Management, within ranges approved by the authority. The chair shall set the salary
183     of the executive director.
184          (ii) The authority and executive director shall consider salaries for similar positions in
185     private enterprise and other public employment when setting salary ranges.
186          (3) In adopting a policy under this chapter, the authority:
187          (a) is not required to comply with Title 63G, Chapter 3, Utah Administrative
188     Rulemaking Act; and
189          (b) shall adopt the policy by resolution of the authority.
190          Section 5. Repealer.
191          This bill repeals:
192          Section 63M-14-206, Adoption of rules.