Chief Sponsor: Raymond P. Ward

Senate Sponsor: Todd D. Weiler


8     General Description:
9          This bill addresses reporting regarding legislative water optimization efforts.
10     Highlighted Provisions:
11          This bill:
12          ▸     defines terms;
13          ▸     requires the Division of Water Resources (division) to monitor state legislative
14     water optimization efforts;
15          ▸     requires the division to work with other state entities;
16          ▸     directs the division to annually report specific findings;
17          ▸     specifies the legislative committees to which the report is to be given;
18          ▸     requires posting of the report;
19          ▸     requires state agencies to assist upon request;
20          ▸     provides a sunset date; and
21          ▸     makes technical changes.
22     Money Appropriated in this Bill:
23          None
24     Other Special Clauses:
25          None
26     Utah Code Sections Affected:
27     AMENDS:

28          63I-1-273, as last amended by Laws of Utah 2023, Chapters 205, 261
29          73-10-18, as last amended by Laws of Utah 2023, Chapter 140
30     ENACTS:
31          73-10-39, Utah Code Annotated 1953

33     Be it enacted by the Legislature of the state of Utah:
34          Section 1. Section 63I-1-273 is amended to read:
35          63I-1-273. Repeal dates: Title 73.
36          (1) Title 73, Chapter 27, Legislative Water Development Commission, is repealed
37     January 1, 2031.
38          (2) Section 73-10-39, which requires reporting related to state legislative water
39     optimization efforts, is repealed July 1, 2034.
40          [(2)] (3) Title 73, Chapter 10g, Part 2, Agricultural Water Optimization, is repealed
41     July 1, 2028.
42          [(3)] (4) Section 73-18-3.5, which authorizes the Division of Outdoor Recreation to
43     appoint an advisory council that includes in the advisory council's duties advising on boating
44     policies, is repealed July 1, 2024.
45          [(4)] (5) In relation to Title 73, Chapter 31, Water Banking Act, on December 31,
46     2030:
47          (a) Subsection 73-1-4(2)(e)(xi) is repealed;
48          (b) Subsection 73-10-4(1)(h) is repealed; and
49          (c) Title 73, Chapter 31, Water Banking Act, is repealed.
50          [(5)] (6) Sections 73-32-302 and 73-32-303, related to the Great Salt Lake Advisory
51     Council, are repealed July 1, 2027.
52          Section 2. Section 73-10-18 is amended to read:
53          73-10-18. Division of Water Resources -- Creation -- Power and authority.
54          (1) There is created the Division of Water Resources, which shall be within the
55     Department of Natural Resources under the administration and general supervision of the
56     executive director of the Department of Natural Resources and under the policy direction of the
57     Board of Water Resources.
58          (2) Except for the waters of the Colorado River system that are governed by Title 63M,

59     Chapter 14, Colorado River Authority of Utah Act, or state representation under the Bear River
60     Compact or Columbia Interstate Compact, the Division of Water Resources shall:
61          (a) be the water resource authority for the state; and
62          (b) assume all of the functions, powers, duties, rights, and responsibilities of the Utah
63     water and power board except those which are delegated to the board by this act and is vested
64     with such other functions, powers, duties, rights and responsibilities as provided in this act and
65     other law.
66          (3) The Division of Water Resources shall report on state legislative water
67     optimization efforts in accordance with Section 73-10-39.
68          Section 3. Section 73-10-39 is enacted to read:
69          73-10-39. State legislative water optimization efforts.
70          (1) As used in this section:
71          (a) "Division" means the Division of Water Resources.
72          (b) "State agency" means a department, division, board, council, committee, institution,
73     office, bureau, or other similar administrative unit of the executive branch of state government.
74          (c) "State legislative water optimization effort" means the following as it affects the
75     waters of the state:
76          (i) the agricultural water optimization program under Chapter 10g, Part 2, Agricultural
77     Water Optimization;
78          (ii) the use of water banks or other water marketing efforts consistent with Chapter 31,
79     Water Banking Act;
80          (iii) the grant program funding the installation of secondary water meters under
81     Sections 73-10-34 and 73-10-34.5; or
82          (iv) any other legislatively directed water optimization effort, including a program that
83     uses state funding for water optimization.
84          (2) (a) The division shall monitor each state legislative water optimization effort and
85     annually prepare a report in coordination with:
86          (i) the Division of Water Rights;
87          (ii) the Colorado River Authority of Utah, created under Title 63M, Chapter 14,
88     Colorado River Authority of Utah Act;
89          (iii) the Department of Agriculture and Food; and

90          (iv) the Office of the Great Salt Lake Commissioner, created under Chapter 32, Great
91     Salt Lake Commissioner Act.
92          (b) The report required under this Subsection (2) shall provide:
93          (i) a statewide summary of each state legislative water optimization effort, including a
94     summary for each of the following:
95          (A) the Great Salt Lake basin;
96          (B) the Colorado River basin; and
97          (C) the Sevier River basin;
98          (ii) a quantification of water made available through each state legislative water
99     optimization effort for the intended purposes identified in the state legislative water
100     optimization effort, including quantification of water made available for the Great Salt Lake
101     basin, Colorado River basin, and Sevier River basin;
102          (iii) a reasonable estimate of where the water made available went, including an
103     explanation if, and why, an amount of additional water cannot be reported; and
104          (iv) if a state legislative water optimization effort did not result in water being made
105     available for the intended purpose identified in the state legislative water optimization effort,
106     recommendations for changes to the state legislative water optimization effort that would better
107     result in water being made available as intended by the state legislative water optimization
108     effort.
109          (3) The division shall annually:
110          (a) provide the report required by this section to the Natural Resources, Agriculture,
111     and Environment Interim Committee and the Legislative Water Development Commission by
112     no later than the November interim meetings of the Legislature; and
113          (b) post the report required by this section on a public website.
114          (4) At the request of the division, a state agency shall provide the division assistance in
115     preparing the report required by this section.
116          Section 4. Effective date.
117          This bill takes effect on May 1, 2024.