1     
COMPACT COMMISSION AMENDMENTS

2     
2023 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Casey Snider

5     
Senate Sponsor: Michael K. McKell

6     

7     LONG TITLE
8     General Description:
9          This bill addresses state representatives on interstate compact commissions.
10     Highlighted Provisions:
11          This bill:
12          ▸     addresses representation of the state related to compacts;
13          ▸     amends provisions related to the Utah members of the Bear River Compact
14     commission;
15          ▸     amends provisions related to the Columbia Interstate Compact; and
16          ▸     makes technical changes.
17     Money Appropriated in this Bill:
18          None
19     Other Special Clauses:
20          None
21     Utah Code Sections Affected:
22     AMENDS:
23          73-10-3, as last amended by Laws of Utah 2021, Chapter 179
24          73-10-4, as last amended by Laws of Utah 2021, Chapter 179
25          73-10-18, as last amended by Laws of Utah 2021, Chapter 179
26          73-16-4, as last amended by Laws of Utah 2010, Chapter 286
27          73-19-9, as enacted by Laws of Utah 1963, Chapter 177

28     

29     Be it enacted by the Legislature of the state of Utah:
30          Section 1. Section 73-10-3 is amended to read:
31          73-10-3. Organization of board -- Interstate conferences -- Designation of
32     representative -- Salary -- Compacts -- Ratification required.
33          (1) The board shall elect a chair and one or more vice-chairs who shall be members of
34     the board, and shall establish the board's own rules of organization and procedure.
35          (2) The board, with the approval of the executive director of the Department of Natural
36     Resources and the governor, shall designate a representative who may be one of the board's
37     members to represent the state in [all] interstate conferences between the state and one or more
38     sister states held for the purpose of entering into compacts between such states for the division
39     of the waters of interstate rivers, lakes, or other sources of water supply, and to represent the
40     state upon [all] commissions or other governing bodies provided for by any compacts that have
41     been or may hereafter be entered into between the state and one or more sister states. A
42     compact may not become binding upon the state until the compact is ratified and approved by
43     the Utah State Legislature and the legislatures of other states that are parties to the compact.
44          (3) In acting as such representative of the state, the representative so acting shall act
45     under the supervision of the governor, through the executive director of the Department of
46     Natural Resources and of the Board of Water Resources. The director of the Division of
47     Finance shall fix the salary to be paid to the representative while the representative is acting in
48     this capacity.
49          (4) The designee of the Water Resource Board shall continue to represent the state as
50     outlined in Subsections (2) and (3) on waters in the state except for:
51          (a) the Colorado River system which is governed by Title 63M, Chapter 14, Colorado
52     River Authority of Utah Act; or
53          (b) state representation under:
54          (i) the Bear River Compact as provided in Section 73-16-4; or
55          (ii) the Columbia Interstate Compact as provided in Section 73-19-9.
56          Section 2. Section 73-10-4 is amended to read:
57          73-10-4. Powers and duties of board.
58          (1) The board shall have the following powers and duties to:

59          (a) authorize studies, investigations, and plans for the full development, use, and
60     promotion of the water and power resources of the state, including preliminary surveys, stream
61     gauging, examinations, tests, and other estimates either separately or in consultation with
62     federal, state and other agencies;
63          (b) enter into contracts subject to the provisions of this chapter for the construction of
64     conservation projects that in the opinion of the board will conserve and use for the best
65     advantage of the people of this state the water and power resources of the state, including
66     projects beyond the boundaries of the state of Utah located on interstate waters when the
67     benefit of such projects accrues to the citizens of the state;
68          (c) sue and be sued in accordance with applicable law;
69          (d) supervise in cooperation with the governor and the executive director of [natural
70     resources all] the Department of Natural Resources, matters affecting interstate compact
71     negotiations and the administration of the compacts affecting the waters of interstate rivers,
72     lakes and other sources of supply, with the exception of:
73          (i) the waters of the Colorado River system that are governed by Title 63M, Chapter
74     14, Colorado River Authority of Utah Act; or
75          (ii) state representation under:
76          (A) the Bear River Compact as provided in Section 73-16-4; or
77          (B) the Columbia Interstate Compact as provided in Section 73-19-9;
78          (e) contract with federal and other agencies and with the National Water Resources
79     Association and to make studies, investigations and recommendations and do all other things
80     on behalf of the state for any purpose that relates to the development, conservation, protection
81     and control of the water and power resources of the state;
82          (f) consult and advise with the Utah Water Users' Association and other organized
83     water users' associations in the state;
84          (g) consider and make recommendations on behalf of the state of reclamation projects
85     or other water development projects for construction by any agency of the state or United
86     States and in so doing recommend the order in which projects shall be undertaken; or
87          (h) review, approve, and revoke an application to create a water bank under Chapter
88     31, Water Banking Act, collect an annual report, maintain the water banking website, and
89     conduct any other function related to a water bank as described in Chapter 31, Water Banking

90     Act.
91          (2) Nothing contained in this section shall be construed to impair or otherwise interfere
92     with the authority of the state engineer granted by this title, except as specifically otherwise
93     provided in this section.
94          Section 3. Section 73-10-18 is amended to read:
95          73-10-18. Division of Water Resources -- Creation -- Power and authority.
96          (1) There is created the Division of Water Resources, which shall be within the
97     Department of Natural Resources under the administration and general supervision of the
98     executive director of the Department of Natural Resources and under the policy direction of the
99     Board of Water Resources.
100          (2) Except for the waters of the Colorado River system that are governed by Title 63M,
101     Chapter 14, Colorado River Authority of Utah Act, or state representation under the Bear River
102     Compact or Columbia Interstate Compact, the Division of Water Resources shall:
103          (a) be the water resource authority for the state; and
104          (b) assume all of the functions, powers, duties, rights, and responsibilities of the Utah
105     water and power board except those which are delegated to the board by this act and is vested
106     with such other functions, powers, duties, rights and responsibilities as provided in this act and
107     other law.
108          Section 4. Section 73-16-4 is amended to read:
109          73-16-4. Members of commission.
110          (1) There shall be three members of the Bear River Compact commission from the
111     state [of Utah].
112          (2) (a) One member shall be the [interstate stream commissioner of Utah and he shall
113     be chairman of] state engineer, who shall chair the Utah delegation.
114          (b) The Board of Water Resources shall appoint the other two commissioners from
115     Utah [shall be appointed by the state water and power board]:
116          (i) after consultation with the state engineer;
117          (ii) after consultation with the director of the Division of Water Resources; and
118          (iii) with the consent of the governor[, and they].
119          (c) The two appointed members shall hold office at the pleasure of the [water and
120     power board] Board of Water Resources and until their successors [shall have been] are

121     appointed and qualified.
122          (3) (a) [Each] A member shall be a [bona fide] resident of the state [of Utah and one].
123          (b) One appointed member shall be a landowner and irrigator [actually] residing on and
124     operating a farm within the lower division as defined by the compact [and one].
125          (c) One appointed member shall be a landowner and irrigator [actually] residing on and
126     operating a farm within the upper division as defined by the compact.
127          (4) (a) The [Utah water and power board] Board of Water Resources may appoint two
128     alternative members of the Bear River Compact commission:
129          (i) after consultation with the state engineer;
130          (ii) after consultation with the director of the Division of Water Resources; and
131          (iii) with the consent of the governor[, appoint two alternate members of the Bear
132     River commission].
133          [(a)] (b) One [such] alternate shall be a [bona fide] resident of the state [of Utah] and a
134     landowner and irrigator [actually] residing on and operating a farm within the lower division as
135     defined by the compact [and he shall be entitled to]. The alternate may act at all regular and
136     special meetings of the Bear River Compact commission whenever the regular member of the
137     Bear River Compact commission from this same area is unable to serve and act.
138          [(b)] (c) One [such] alternate shall be a [bona fide] resident of the state [of Utah] and
139     shall be a landowner and irrigator [actually] residing on and operating a farm within the upper
140     division as defined by the compact [and he shall be entitled to]. The alternate may act at all
141     regular and special meetings of the Bear River Compact commission whenever the regular
142     member of the Bear River Compact commission from this same area is unable to serve and act.
143          (5) A member may not receive compensation or benefits for the member's service, but
144     may receive per diem and travel expenses in accordance with:
145          (a) Section 63A-3-106;
146          (b) Section 63A-3-107; and
147          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
148     63A-3-107.
149          Section 5. Section 73-19-9 is amended to read:
150          73-19-9. Utah representative on Columbia Compact Commission.
151          The state engineer is the member of the Columbia Compact Commission [to represent

152     the state of] who represents Utah [shall be the executive director of the Utah water and power
153     board].