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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
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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 [
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 [
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 [
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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 [
112 (2) (a) One member shall be the [
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114 (b) The Board of Water Resources shall appoint the other two commissioners from
115 Utah [
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[
119 (c) The two appointed members shall hold office at the pleasure of the [
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121 appointed and qualified.
122 (3) (a) [
123 (b) One appointed member shall be a landowner and irrigator [
124 operating a farm within the lower division as defined by the compact [
125 (c) One appointed member shall be a landowner and irrigator [
126 operating a farm within the upper division as defined by the compact.
127 (4) (a) The [
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[
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133 [
134 landowner and irrigator [
135 defined by the compact [
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 [
139 shall be a landowner and irrigator [
140 division as defined by the compact [
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 [
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