Chief Sponsor: Michael K. McKell

House Sponsor: Jefferson S. Burton


8     General Description:
9          This bill addresses reporting of per capita consumptive use of water.
10     Highlighted Provisions:
11          This bill:
12          ▸     defines terms;
13          ▸     provides that per capita consumptive use is the standard in certain geographic areas;
14          ▸     requires reporting districts to calculate per capita consumptive use;
15          ▸     describes how per capita consumptive use is to be calculated;
16          ▸     requires reporting to the Division of Water Rights;
17          ▸     addresses scope of section regarding the calculation, publication, or dissemination
18     of consumptive water use numbers; and
19          ▸     clarifies that specific agencies shall comply with the per capita consumptive use
20     provision.
21     Money Appropriated in this Bill:
22          None
23     Other Special Clauses:
24          None
25     Utah Code Sections Affected:
26     ENACTS:
27          73-2-30, Utah Code Annotated 1953

28          73-5-8.5, Utah Code Annotated 1953
29          73-10-38, Utah Code Annotated 1953

31     Be it enacted by the Legislature of the state of Utah:
32          Section 1. Section 73-2-30 is enacted to read:
33          73-2-30. Per capita consumptive use.
34          The Division of Water Rights shall comply with Section 73-5-8.5.
35          Section 2. Section 73-5-8.5 is enacted to read:
36          73-5-8.5. Per capita consumptive use.
37          (1) As used in this section:
38          (a) "Community water system" means a public water system that serves residents
39     year-round.
40          (b) (i) "Metered secondary water" means secondary water metered by a secondary
41     water supplier either at the supply side when introduced into the secondary water supplier's
42     distribution system or metered at the meter of the end user.
43          (ii) "Metered secondary water" does not include:
44          (A) water lost in the secondary water supplier's system before being delivered to an end
45     user; or
46          (B) water delivered to an end user who is not a commercial, industrial, institutional, or
47     residential user.
48          (c) "Per capita consumptive use" means a valid representation of total water consumed
49     divided by the total population for a given area.
50          (d) "Publicly owned treatment works" means a facility for the treatment of pollutants
51     owned by the state, the state's political subdivisions, or other public entity.
52          (e) "Reporting district" means a water conservancy district that serves wholesale water
53     to a retail water supplier located in whole or in part in a county of the first or second class.
54          (f) "Retail water supplier" means a person that:
55          (i) supplies water for human consumption and other domestic uses to an end user; and
56          (ii) has more than 500 service connections.
57          (g) "Secondary water" means the same as that term is defined in Section 73-10-34.
58          (h) "Secondary water supplier" means the same as that term is defined in Section

59     73-10-34.
60          (i) "Total population" means the permanent population of a given area subject to a
61     population adjustment described in Subsection (5).
62          (j) "Total water consumed" means total water supplied to commercial, industrial,
63     institutional, and residential users in a given area minus return flow.
64          (k) "Total water supplied" means the total amount of water delivered to commercial,
65     industrial, institutional, and residential users in a given area as metered secondary water or
66     metered drinking water.
67          (l) "Water conservancy district" means an entity formed under Title 17B, Chapter 2a,
68     Part 10, Water Conservancy District Act.
69          (2) State agencies and political subdivisions shall use per capita consumptive use for
70     reporting municipal and industrial water use in counties of the first and second class to provide
71     another method to:
72          (a) track progress in water conservation; and
73          (b) ensure efficient public water supply management.
74          (3) (a) The Division of Water Resources shall designate the reporting district that shall
75     calculate the per capita consumptive use for each county of the first or second class, except that
76     the Division of Water Resources may only require a reporting district calculate the per capita
77     consumptive use for a county in which the reporting district provides wholesale water to a
78     retail water supplier.
79          (b) Beginning with a calculation of per capita consumptive use for calendar year 2023,
80     a reporting district shall annually provide the Division of Water Rights a calculation of per
81     capita consumptive use for the one or more counties designated under Subsection (3)(a).
82          (4) In determining per capita consumptive use, a reporting district:
83          (a) shall use reliable and timely information about water used for municipal and
84     industrial purposes, including water used in commercial, industrial, institutional, and
85     residential settings; and
86          (b) may not be required:
87          (i) to use the same methodology as another reporting district; or
88          (ii) to adopt or follow the definition of "water being conserved" that is adopted under
89     Section 73-10-32.

90          (5) In determining total population, a reporting district shall rely on the most recent
91     census, a census estimate of the United States Bureau of the Census, or an estimate of the Utah
92     Population Committee, together with an adjustment to population based on locally significant
93     effects of a non-permanent population, including:
94          (a) transient but consistently recurring non-resident population associated with
95     secondary residences or visitors; and
96          (b) daytime population changes.
97          (6) In determining return flow, a reporting district:
98          (a) shall obtain relevant data associated with discharges from publicly owned treatment
99     works; and
100          (b) may include water flow returning to the natural environment from the use of
101     drinking water, secondary water, or other water used for outdoor irrigation if the flow is
102     capable of being measured or otherwise determined with a reasonable degree of certainty.
103          (7) In determining total water supplied, a reporting district shall:
104          (a) select the community water systems serving a population of 3,300 or more whose
105     data the reporting district will use in preparing the report of per capita consumptive use;
106          (b) only rely on data that:
107          (i) is reliable; and
108          (ii) the reporting district is able to obtain for both metered drinking water and metered
109     secondary water; and
110          (c) make reasonable efforts to ensure that the water use data relied upon in the
111     reporting district's report is the same as the water use data reported by the community water
112     systems to the Division of Water Rights under Section 73-5-8.
113          (8) A reporting district shall include in the reporting district's report of per capita
114     consumptive use an explanation of how the reporting district determines:
115          (a) total water supplied;
116          (b) return flow; and
117          (c) total population.
118          (9) A reporting district shall annually file the reporting district's per capita consumptive
119     use report with the Division of Water Rights on or before July 1.
120          (10) (a) Except as provided in Subsection (10)(b), this section may not be construed to

121     prohibit the Division of Water Resources from:
122          (i) adopting regional water conservation goals as described in Section 73-10-32; or
123          (ii) calculating, publishing, or disseminating diverted water use information or per
124     capita consumptive use from community water systems in counties of the third, fourth, fifth, or
125     sixth class.
126          (b) A state agency or a political subdivision of the state may not calculate, publish, or
127     disseminate a:
128          (i) statewide per capita consumptive use number; or
129          (ii) per capita consumptive use number for a first class or second class county that is
130     different from a number reported by a reporting district pursuant to this section.
131          (c) This section may not be construed to prohibit a retail water supplier from using or
132     publishing the retail water supplier's own water consumptive use numbers for the efficient
133     management of the retail water supplier's system.
134          Section 3. Section 73-10-38 is enacted to read:
135          73-10-38. Per capita consumptive use.
136          The Division of Water Resources shall comply with Section 73-5-8.5.