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2023 Utah Code › Title 73 - Water and Irrigation › Chapter 20 - Emergency Water Resources › Section 4 - Qualification for financial assistance.

Effective 5/5/2021
73-20-4.
Qualification for financial assistance.
To qualify for financial assistance under this act the farmer shall:
(1) make written original application to the advisory board executive committee and to the board on forms prescribed by the board in conjunction with the advisory board executive committee;
(2) own or hold under lease a commercial farm which contributed more than one-half of the farmer's or rancher's gross income from all income sources for the taxable year 1976; and
(3) comply with any condition imposed by the board for financial assistance pursuant to authority granted the board under Section 73-20-3.
Amended by Chapter 126, 2021 General Session
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 20 - Emergency Water Resources › Section 5 - Consultation with the executive committee of the Agricultural Advisory Board.

Effective 5/5/2021
73-20-5.
Consultation with the executive committee of the Agricultural Advisory Board.
The board, before making any expenditure of emergency funds appropriated under this chapter, shall consult with and receive the advice of the advisory board executive committee with respect to the demonstrated need for financial assistance in the form of the development of a water resource.
Amended by Chapter 126, 2021 General Session
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 20 - Emergency Water Resources › Section 6 - Payment for emergency water resource developments.

73-20-6.
Payment for emergency water resource developments.
The terms and conditions of payment for emergency water resource developments constructed pursuant to this act shall be set forth in a written contract prepared by the Division of Water Resources under the direction of the board and shall be executed by the farmer or rancher benefited. The substantive terms and conditions for payment shall be specified in the sole discretion of the board and shall appear in such contract. Title to any emergency water resource constructed under this act shall remain in the Division of Water Resources until the actual cost of the project is paid for in full by the benefited farmer or rancher.
Enacted by Chapter 6, 1977 Special Session 1
Enacted by Chapter 6, 1977 Special Session 1
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 20 - Emergency Water Resources › Section 7 - Feasibility study required before approval of assistance.

73-20-7.
Feasibility study required before approval of assistance.
Before approval of any application for financial assistance under this act, the board shall cause the division of water resources to conduct a feasibility study. Such cost-efficient study shall include all costs of acquisition and construction as well as costs incurred for preliminary planning, engineering, legal, fiscal and economic investigations and studies, surveys, designs, plans, working drawings, specifications, and any other action necessary for the construction or improvement of the proposed water resource. The board may assess reasonable charges to a farmer or rancher for the cost of a feasibility study.
Enacted by Chapter 6, 1977 Special Session 1
Enacted by Chapter 6, 1977 Special Session 1
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 20 - Emergency Water Resources › Section 8 - Emergency Water Resources Account -- Creation -- Purpose.

73-20-8.
Emergency Water Resources Account -- Creation -- Purpose.
There is hereby created within the Water Resources Construction Fund an account to be known as the "Emergency Water Resources Account," the proceeds of which shall be used exclusively for the development of emergency water resources.
Amended by Chapter 169, 1988 General Session
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 20 - Emergency Water Resources › Section 9 - Emergency Water Resources Account -- Appropriation -- Purpose.

73-20-9.
Emergency Water Resources Account -- Appropriation -- Purpose.
There is hereby appropriated to the Emergency Water Resources Account from the General Fund, from otherwise unappropriated liquor control profits, the sum of $2,000,000 to be expended exclusively for the construction or improvement of water resources for eligible farmers or ranchers.
Enacted by Chapter 6, 1977 Special Session 1
Enacted by Chapter 6, 1977 Special Session 1
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 20 - Emergency Water Resources › Section 10 - Proceeds deposited to Water Resources Construction Fund.

73-20-10.
Proceeds deposited to Water Resources Construction Fund.
The proceeds from the payment for emergency water resources from farmers and ranchers shall be deposited to the Water Resources Construction Fund for use in accordance with the purposes of such fund.
Amended by Chapter 169, 1988 General Session
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 20 - Emergency Water Resources › Section 11 - Transfer of funds -- Purposes.

73-20-11.
Transfer of funds -- Purposes.
(1) On the effective date of this act $1,500,000 shall be transferred from the Emergency Water Resources Account created under Section 73-20-8 and initially funded under Section 73-20-9 to the water and power board construction fund proper.
(2) The balance remaining in the Emergency Water Resources Account after the transfer authorized by Subsection (1) of this section may be used for all purposes provided for under Title 73, Chapter 20, Emergency Water Resources, through December 31, 1978. Any amount in this account then remaining uncommitted shall be transferred immediately to the water and power board construction fund proper.
(3) Any amounts so transferred under Subsection (1) or (2) of this section shall be substantially used initially for agriculturally-related projects.
Enacted by Chapter 37, 1978 General Session
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 21 - Ute Indian Water Compact › Section 102 - Approval of Ute Indian Water Compact.

Effective 5/8/2018
73-21-102.
Approval of Ute Indian Water Compact.
The Ute Indian Water Compact, located at Section 73-21-103, providing for the execution by the State of Utah, the Ute Indian Tribe of the Uintah and Ouray Reservations, Utah, and the United States of America, through their various representatives, is hereby authorized, confirmed, ratified, and approved for the State of Utah.
Enacted by Chapter 275, 2018 General Session
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 21 - Ute Indian Water Compact › Section 104 - Tabulations.

Effective 5/8/2018
73-21-104.
Tabulations.
The tabulations described in Sections 73-21-103 and 73-21-105 are on file and more fully described at the state engineer's office.
Enacted by Chapter 275, 2018 General Session
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 22 - Utah Geothermal Resource Conservation Act › Section 2 - Legislative findings.

73-22-2.
Legislative findings.
It is declared to be in the public interest to foster, encourage, and promote the discovery, development, production, utilization, and disposal of geothermal resources in the State of Utah in such manner as will prevent waste, protect correlative rights, and safeguard the natural environment and the public welfare; to authorize, encourage, and provide for the development and operation of geothermal resource properties in such manner that the maximum ultimate economic recovery of geothermal resources may be obtained through, among other things, agreements for cooperative development, production, injection, and pressure maintenance operations.
Enacted by Chapter 188, 1981 General Session
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 22 - Utah Geothermal Resource Conservation Act › Section 3 - Definitions.

Effective 5/10/2016
73-22-3.
Definitions.
As used in this chapter:
(1) "Correlative rights" mean the rights of each geothermal owner in a geothermal area to produce without waste his just and equitable share of the geothermal resource underlying the geothermal area.
(2) "Division" means the Division of Water Rights, Department of Natural Resources.
(3) "Geothermal area" means the general land area which is underlain or reasonably appears to be underlain by geothermal resources.
(4) "Geothermal fluid" means water and steam at temperatures greater than 120 degrees centigrade naturally present in a geothermal system.
(5)
(a) "Geothermal resource" means:
(i) the natural heat of the earth at temperatures greater than 120 degrees centigrade; and
(ii) the energy, in whatever form, including pressure, present in, resulting from, created by, or which may be extracted from that natural heat, directly or through a material medium.
(b) "Geothermal resource" does not include geothermal fluids.
(6) "Geothermal system" means any strata, pool, reservoir, or other geologic formation containing geothermal resources.
(7) "Material medium" means geothermal fluids, or water and other substances artificially introduced into a geothermal system to serve as a heat transfer medium.
(8) "Operator" means any person drilling, maintaining, operating, producing, or in control of any well.
(9) "Owner" means a person who has the right to drill into, produce, and make use of the geothermal resource.
(10) "Person" means any individual, business entity (corporate or otherwise), or political subdivision of this or any other state.
(11)
(a) "Waste" means any inefficient, excessive, or improper production, use, or dissipation of geothermal resources.
(b) Wasteful practices include:
(i) transporting or storage methods that cause or tend to cause unnecessary surface loss of geothermal resources; or
(ii) locating, spacing, constructing, equipping, operating, producing, or venting of any well in a manner that results or tends to result in unnecessary surface loss or in reducing the ultimate economic recovery of geothermal resources.
(12) "Well" means any well drilled, converted, or reactivated for the discovery, testing, production, or subsurface injection of geothermal resources.
Amended by Chapter 348, 2016 General Session
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 22 - Utah Geothermal Resource Conservation Act › Section 4 - Ownership of geothermal resource -- Lands subject to chapter.

73-22-4.
Ownership of geothermal resource -- Lands subject to chapter.
(1) Ownership of a geothermal resource derives from an interest in land and not from an appropriative right to geothermal fluids.
(2) This chapter shall apply to all lands in the State of Utah, including federal and Indian lands to the extent allowed by law. When these lands are committed to a unit agreement involving lands subject to federal or Indian jurisdiction, the division may, with respect to the unit agreement, deem this chapter complied with if the unit operations are regulated by the United States and the division finds that conservation of geothermal resources and prevention of waste are accomplished under the unit agreement.
Enacted by Chapter 188, 1981 General Session
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 22 - Utah Geothermal Resource Conservation Act › Section 5 - Jurisdiction of division -- Hearings -- Subpoena power -- Restraining violations -- Actions for damages against violators unaffected.

73-22-5.
Jurisdiction of division -- Hearings -- Subpoena power -- Restraining violations -- Actions for damages against violators unaffected.
(1) The division has jurisdiction and authority over all persons and property, public and private, necessary to enforce the provisions of this chapter and may enact, issue, and enforce necessary rules and orders to carry out the requirements of this chapter.
(2)
(a) Any affected person may apply for a hearing before the division, or the division may initiate proceedings upon any question relating to the administration of this chapter by following the procedures and requirements of Title 63G, Chapter 4, Administrative Procedures Act.
(b) The Division of Water Rights shall comply with the procedures and requirements of Title 63G, Chapter 4, Administrative Procedures Act, in its adjudicative proceedings.
(3) The division shall have the power to summon witnesses, to administer oaths, and to require the production of records, books, and documents for examination at any hearing or investigation conducted by it.
(4)
(a) If any person fails or refuses to comply with a subpoena issued by the division, or if any witness fails or refuses to testify about any matter regarding which the witness may be interrogated, the division may petition any district court in the state to issue an order compelling the person to:
(i) comply with the subpoena and attend before the division;
(ii) produce any records, books, and documents covered by the subpoena; or
(iii) to give testimony.
(b) The court may punish failure to comply with the order as contempt.
(5)
(a) Whenever it appears that any person is violating or threatening to violate any provision of this chapter, or any rule or order made under this chapter, the division may file suit in the name of the state to restrain that person from continuing the violation or from carrying out the threat of violation.
(b) Venue for the action is in the district court in the county where any defendant resides or in the county where the violation is alleged to have occurred.
(6)
(a) Nothing in this chapter, no suit by or against the division, and no violation charged or asserted against any person under this chapter, or any rule or order issued under it, shall impair, abridge, or delay any cause of action for damages that any person may have or assert against any person violating this chapter, or any rule or order issued under it.
(b) Any person so damaged by the violation may sue for and recover whatever damages that the person is otherwise entitled to receive.
Amended by Chapter 382, 2008 General Session
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 22 - Utah Geothermal Resource Conservation Act › Section 8 - Geothermal fluids as water resource -- Application for appropriation required -- Priorities.

73-22-8.
Geothermal fluids as water resource -- Application for appropriation required -- Priorities.
(1) Geothermal fluids are deemed to be a special kind of underground water resource, related to and potentially affecting other water resources of the state. The utilization or distribution for their thermal content and subsurface injection or disposal of same shall constitute a beneficial use of the water resources of the state.
(2)
(a) Geothermal owners shall, prior to the commencement of, or increase in, production from a well or group of wells to be operated in concert, file an application with the division to appropriate such geothermal fluids as will be extracted from the well or group of wells. Publication of applications shall be made as provided in Section 73-3-6, and protests may be filed as provided in Section 73-3-7. The division shall approve an application if it finds that the applicant is a geothermal owner and that the proposed extraction of geothermal fluids will not impair existing rights to the waters of the state.
(b) The division may grant the quantity of an application on a provisional basis, to be finalized upon stabilization of well production. Flow testing of a discovery well shall not require an application to appropriate geothermal fluids.
(3) The date of an application to appropriate geothermal fluids, when approved by the division, shall be the priority date as between the geothermal owner and the owners of rights to water other than geothermal fluids. No priorities shall be created among geothermal owners by the approval of an application to appropriate geothermal fluids.
Enacted by Chapter 188, 1981 General Session
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 22 - Utah Geothermal Resource Conservation Act › Section 9 - Rights to geothermal resources.

73-22-9.
Rights to geothermal resources.
Rights to geothermal resources and to geothermal fluids to be extracted in the course of production of geothermal resources acquired under Section 73-22-8 shall be based on the principle of correlative rights.
Enacted by Chapter 188, 1981 General Session
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 22 - Utah Geothermal Resource Conservation Act › Section 10 - Judicial review of division actions -- Falsification or omission of filings as misdemeanor -- Limitation of actions.

73-22-10.
Judicial review of division actions -- Falsification or omission of filings as misdemeanor -- Limitation of actions.
(1)
(a) Any person aggrieved by any order issued under this chapter may obtain judicial review.
(b) Venue for judicial review of informal adjudicative proceedings is in the district court of Salt Lake County, or in the district court of the county in which the complaining person resides.
(2) An action or appeal involving any provision of this chapter, or a rule or order issued under it shall be determined as expeditiously as possible.
(3) Any person who, for the purpose of evading this chapter or any order of the division issued under it, makes or causes to be made any false entry in any report, record, account, or memorandum required by this chapter, or by any order issued under it, or omits or causes to be omitted from the report, record, account, or memorandum, full, true, and correct entries as required by this chapter, or by an order, or removes from this state or destroys, mutilates, alters, or falsifies the record, account, or memorandum, is guilty of a class A misdemeanor.
(4) No suit, action, or other proceeding based upon a violation of this chapter or any order of the division issued under it may be begun or maintained unless the action is begun within two years from the date of the alleged violation.
Amended by Chapter 161, 1987 General Session
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 23 - West Desert Pumping Project › Section 1 - Legislative findings.

73-23-1.
Legislative findings.
(1) The Legislature finds that the level of the Great Salt Lake has risen sharply in recent years due to extreme weather conditions. The high level of the lake has caused extraordinary flooding conditions resulting in substantial damage to public and private facilities. Those conditions pose a threat to life, health, and property, and in particular may result in extensive damage to public lands, major transportation routes, and other public facilities.
(2) The Legislature finds that some of the existing and anticipated extraordinary flooding conditions can be alleviated by construction of the West Desert Pumping Project.
(3) The Legislature declares it is in the public interest and a public purpose to construct the West Desert Pumping Project as a means of counteracting the threat to life, health, and property in general and to public lands, major transportation routes, and other public facilities in particular.
(4) The Legislature finds that all activities engaged in under authority of this chapter are governmental functions and governmental entities and their officers and employees are immune from suit for any injury or damage resulting from those activities.
Enacted by Chapter 6, 1986 Special Session 2
Enacted by Chapter 6, 1986 Special Session 2
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 23 - West Desert Pumping Project › Section 2 - Appropriation -- Projects authorized.

73-23-2.
Appropriation -- Projects authorized.
(1) There is appropriated from the Water Resources Conservation and Development Fund $30,000,000 to the following agencies for fiscal year 1985-86 to pay all or any portion of any of the following projects, including but not limited to:
(a) To the Division of Water Resources to pay for all or any
portion of the West Desert Pumping Project, Bare Bones
West Desert Pumping$60,000,000
(b) To the Disaster Relief Board for allocation to the appropriate
entities to pay for all or any portion of any diking or other flood
damage or mitigation costs as determined by the board with the
concurrence of the governor, including, but not limited to:
implementing the finger diking project in Salt Lake County,
raising the breakwaters around the Great Salt Lake Marina and
diking the east side of the parking lot, raising the AMAX North
dike to protect I-80, raising the American Salt Company dike,
raising the South Davis WWTP - North Plant dikes, diking the
Little Mountain WWTP, and diking the Corinne Sewage Lagoon$10,000,000
(c) To the Division of Water Resources for preconstruction design
studies for a state water plan for upstream water development$500,000
(d) To the Division of Water Resources to pay for the engineering
and design work for the interisland diking projects (diking from
Antelope Island to Fremont Island and from Fremont Island to
Promontory Point) by July 1, 1987.$1,200,000
(2) All money provided under this chapter shall be nonlapsing and may be used for all acquisitions and construction costs, including, without exclusion or limitation, operation and maintenance, the cost of acquiring land, interests in land, easements and rights-of-way, the cost of improving sites, and of acquiring, constructing, equipping, and furnishing facilities and all structures, roads, utilities, and improvements necessary, incidental, or convenient to the facilities and all related engineering, architectural, and legal fees.
Enacted by Chapter 6, 1986 Special Session 2
Enacted by Chapter 6, 1986 Special Session 2
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 23 - West Desert Pumping Project › Section 3 - Duties and powers of Division of Water Resources.

73-23-3.
Duties and powers of Division of Water Resources.
For purposes of this chapter, the Division of Water Resources:
(1) shall provide for the construction, operation, and maintenance of the West Desert Pumping Project;
(2) may enter into agreements as necessary to provide for all or any portion of the West Desert Pumping Project, including any indemnification agreements required by the federal government;
(3) may acquire land or any other property right by any lawful means, including eminent domain;
(4) is exempt from Title 63G, Chapter 6a, Utah Procurement Code; and
(5) may proceed without obtaining water right approval from the state engineer.
Amended by Chapter 347, 2012 General Session
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 23 - West Desert Pumping Project › Section 4 - Legislative findings.

73-23-4.
Legislative findings.
(1) The Legislature finds that the West Desert Pumping Project was implemented as an emergency flood control project. The project was undertaken, specifically, to protect critical public facilities and, more generally, to abate an imminent threat to life, health, and property.
(2) The Legislature finds that the level of the Great Salt Lake can be lowered by implementing a long-term program to develop waters upstream of the lake. A water development program will have other beneficial uses, including the provision of municipal and industrial water to meet the needs of the state's growing population.
Enacted by Chapter 232, 1988 General Session
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 23 - West Desert Pumping Project › Section 5 - Interim committee study responsibilities of Division of Water Resources.

73-23-5.
Interim committee study responsibilities of Division of Water Resources.
The Division of Water Resources shall:
(1) evaluate the first year's operation of the West Desert Pumping Project;
(2) define the operational range and limitations of the West Desert Pumping Project as an emergency flood control project;
(3) assess the feasibility of developing a cooperative ownership, operation, and maintenance plan for the project with public and private entities;
(4) identify long-term water development opportunities upstream of the Great Salt Lake; and
(5) report their findings to the Energy, Natural Resources and Agriculture Interim Committee before October 1, 1988.
Enacted by Chapter 232, 1988 General Session
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 23 - West Desert Pumping Project › Section 6 - Use of certain remaining construction funds.

73-23-6.
Use of certain remaining construction funds.
The division may use up to $25,000 of the remaining West Desert Pumping Project construction funds to conduct the activities specified in Section 73-23-5.
Enacted by Chapter 232, 1988 General Session
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 26 - Bear River Development Act › Part 1 - State to Develop the Bear River › Section 102 - Findings.

73-26-102.
Findings.
(1) The Legislature finds that:
(a) the Board of Water Resources has significant filings for water of the Bear River that could be developed;
(b) the continued growth and prosperity of communities in the Bear River Basin and the Wasatch Front will be enhanced by the development and utilization of the Bear River, one of the last major sources of developable water in the state; and
(c) Bear River water developed by the state should be apportioned in an equitable manner taking into consideration:
(i) the increasing water needs of the state's growing urban population; and
(ii) preservation of future supplies for areas:
(A) where the water originates; or
(B) that are adjacent to the water and can be conveniently supplied by it.
(2) Therefore, it is the purpose of this chapter to:
(a) direct the Division of Water Resources to develop the surface waters of the Bear River and its tributaries covered by filings of the board, filings acquired from the Bureau of Reclamation, or new filings, as approved by the state engineer;
(b) allocate the developed waters among various regions and entities; and
(c) provide protection for existing rights.
(3) Nothing in this chapter shall:
(a) cover groundwater; or
(b) be construed to prevent any person from developing:
(i) groundwater pursuant to state law; or
(ii) the surface waters of the Bear River or its tributaries at any site including sites studied by the state.
Enacted by Chapter 251, 1991 General Session
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 26 - Bear River Development Act › Part 1 - State to Develop the Bear River › Section 103 - Definitions.

73-26-103.
Definitions.
As used in this chapter:
(1) "Board" means the Board of Water Resources.
(2)
(a) "Construction costs" means all costs related to the development of a project, except the costs of environmental mitigation.
(b) Construction costs include:
(i) planning;
(ii) engineering and legal work;
(iii) permitting;
(iv) acquisition of land and rights-of-way;
(v) rebuilding and relocation of highways or other facilities affected by the project;
(vi) compensation for impairment of existing water rights;
(vii) construction of the dam, reservoir, and associated facilities; and
(viii) expenses of the division related to the project.
(3) "Developed waters" means surface water developed by projects authorized under this chapter.
(4) "Division" means the Division of Water Resources.
(5) "Environmental mitigation costs" means costs that may be required by federal, state, or local governmental agencies for project environmental permitting, including:
(a) planning;
(b) environmental and engineering studies;
(c) permitting;
(d) acquisition of land and rights-of-way; and
(e) operation, maintenance, and repair of facilities associated with project environmental mitigation.
(6) "Preconstruction costs" means any of the following costs incurred before project construction begins:
(a) planning;
(b) design;
(c) engineering studies;
(d) legal work;
(e) permitting;
(f) acquisition of land and rights-of-way;
(g) compensation for impairment of existing water rights;
(h) environmental studies; or
(i) any combination of Subsections (6)(a) through (h).
(7) "Project costs" include preconstruction costs, construction costs, environmental mitigation costs, and costs of operation, maintenance, repair, and replacement.
Amended by Chapter 84, 2006 General Session
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 26 - Bear River Development Act › Part 1 - State to Develop the Bear River › Section 104 - Bear River development projects.

73-26-104.
Bear River development projects.
(1) The division shall:
(a) develop the surface waters of the Bear River and its tributaries through the planning and construction of reservoirs and associated facilities as authorized and funded by the Legislature;
(b) own and operate the facilities constructed; and
(c) market the developed waters.
(2) Potential projects include:
(a) Hyrum Dam;
(b) Avon;
(c) Mill Creek;
(d) Oneida Narrows;
(e) North Eden Creek;
(f) Washakie; and
(g) an interconnection from the Corinne area to Willard Reservoir.
(3) The division may develop sites other than those listed in Subsection (2) if those projects are authorized and funded by the Legislature.
(4) The purchase of real property does not constitute water development.
Amended by Chapter 84, 2006 General Session
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 26 - Bear River Development Act › Part 1 - State to Develop the Bear River › Section 106 - Participation of the federal government and other states.

73-26-106.
Participation of the federal government and other states.
(1) The division may allow the federal government or the states of Idaho or Wyoming to participate in a project authorized under this chapter for the purpose of developing their water rights.
(2) Any participating entity shall pay for all project costs represented by its share of the project.
Enacted by Chapter 251, 1991 General Session
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 26 - Bear River Development Act › Part 1 - State to Develop the Bear River › Section 107 - Development of hydropower generating works -- Power offered to public utilities or municipalities.

73-26-107.
Development of hydropower generating works -- Power offered to public utilities or municipalities.
(1) In association with a project authorized under this chapter, the division may:
(a) construct and own hydroelectric generating works and incidental electrical facilities for the purposes stated in Subsection (2); or
(b) enter into an agreement with a public utility or municipality for the development and operation of hydroelectric generating works and incidental electrical facilities.
(2) Power and energy derived from any hydroelectric generating works owned by the division, except for power and energy needed for project operations, must be offered to public utilities or municipalities in the state for distribution to electric consumers.
Enacted by Chapter 251, 1991 General Session
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 26 - Bear River Development Act › Part 2 - Allocation of Developed Waters › Section 201 - Entities eligible to receive developed water -- Leasing developed water -- Use of developed water.

73-26-201.
Entities eligible to receive developed water -- Leasing developed water -- Use of developed water.
(1) Water developed by projects authorized under this chapter, except water reserved for wildlife or public recreation, shall be made available by contract exclusively to the following entities:
(a) the Bear River Water Conservancy District;
(b) the Salt Lake County Water Conservancy District;
(c) the Weber Basin Water Conservancy District; and
(d) Cache County and any water conservancy district in Cache County.
(2) A county or conservancy district that purchases or leases developed water may lease the water to any person.
(3) A county or conservancy district that purchases or leases developed water may use the water directly or by exchange in accordance with Section 73-3-20.
Amended by Chapter 84, 2006 General Session
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 26 - Bear River Development Act › Part 2 - Allocation of Developed Waters › Section 202 - Limits on amount of water available to any entity -- Exception.

73-26-202.
Limits on amount of water available to any entity -- Exception.
(1) Except as provided in Subsection (2), the total amount of water from projects authorized under this chapter that may be made available to any entity or area is limited as follows:
(a) The Salt Lake County Water Conservancy District and Weber Basin Water Conservancy District each may purchase or lease no more than 50,000 acre-feet a year.
(b) The Bear River Water Conservancy District may purchase or lease no more than 60,000 acre-feet a year.
(c) The total cumulative amount of developed waters purchased or leased by Cache County and any water conservancy district in Cache County may not exceed 60,000 acre-feet a year.
(2) An entity or area may purchase or lease water in excess of the limits specified in Subsection (1) on a temporary basis, if water is available from a project and no other entity eligible to receive water has offered to purchase or lease it.
Amended by Chapter 84, 2006 General Session
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 26 - Bear River Development Act › Part 2 - Allocation of Developed Waters › Section 203 - Time period for submission of offers to purchase or lease water -- Oversubscription of water -- Allocation procedure.

73-26-203.
Time period for submission of offers to purchase or lease water -- Oversubscription of water -- Allocation procedure.
(1) When a project authorized under this chapter is under development, the division shall establish a period of time during which the entities specified in Section 73-26-201 may offer to purchase or lease water developed by the project.
(2)
(a) If, in the time period established under Subsection (1), the division receives offers to purchase or lease more water than can be made available through the project, the board shall allocate the water among the interested purchasers.
(b) In determining the allocations, the board:
(i) shall give priority in the following order to:
(A) municipal and industrial water needs;
(B) agricultural water needs; and
(C) all other water uses; and
(ii) may proportionately reduce each offer.
Enacted by Chapter 251, 1991 General Session
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 26 - Bear River Development Act › Part 3 - Project Development › Section 302 - Construction contingent upon sale or lease of water -- Preconstruction may proceed if funded.

73-26-302.
Construction contingent upon sale or lease of water -- Preconstruction may proceed if funded.
(1) Except as provided in Subsection (3), the division may not expend money for construction costs on any phase of a project until:
(a) contracts have been made for the sale or lease of at least 70% of the water developed by that phase; and
(b) all permits required by the environmental impact statement have been obtained.
(2) Construction of the project and implementation of the environmental mitigation plan shall proceed concurrently.
(3) The division may make expenditures for preconstruction costs if money is expressly appropriated or earmarked by statute for that purpose by the Legislature.
Amended by Chapter 342, 2011 General Session
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 26 - Bear River Development Act › Part 4 - General Provisions › Section 401 - Powers of division.

73-26-401.
Powers of division.
The division may:
(1) enter into contracts and agreements for the development, operation, maintenance, repair, and replacement of projects authorized under this chapter; and
(2)
(a) set prices for the sale or lease of water made available by the project, in accordance with Section 73-26-506 and rules made by the board; and
(b) enter into contracts for the sale or lease of the water.
Enacted by Chapter 251, 1991 General Session
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 26 - Bear River Development Act › Part 4 - General Provisions › Section 402 - Rulemaking power of the board.

73-26-402.
Rulemaking power of the board.
In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the board may make rules to:
(1) determine water charges as provided in Section 73-26-506;
(2) administer and operate the reservoirs and associated facilities constructed in accordance with Section 73-26-301;
(3) establish procedures for reviewing offers to contract for the sale or lease of developed water; and
(4) set the interest rate for repayment of construction and environmental mitigation costs.
Amended by Chapter 382, 2008 General Session
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 26 - Bear River Development Act › Part 4 - General Provisions › Section 403 - Immunity from suit -- Exception.

73-26-403.
Immunity from suit -- Exception.
Activities engaged in under authority of this chapter are governmental functions. The state and its officers and employees are immune from suit for any injury or damage resulting from those activities, except as provided in Section 63G-7-301.
Amended by Chapter 382, 2008 General Session
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 26 - Bear River Development Act › Part 4 - General Provisions › Section 404 - Eminent domain.

73-26-404.
Eminent domain.
In order to construct the reservoirs and other facilities authorized under this chapter, the division may exercise eminent domain as provided in Title 78B, Chapter 6, Part 5, Eminent Domain.
Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 26 - Bear River Development Act › Part 5 - Financing and Cost Recovery › Section 502 - Analysis of benefits and costs -- Allocation of costs.

73-26-502.
Analysis of benefits and costs -- Allocation of costs.
The division shall:
(1) identify the uses and calculate the economic benefits and costs of the developed water; and
(2) allocate project costs according to the following purposes:
(a) municipal and industrial;
(b) agricultural;
(c) hydropower;
(d) recreation;
(e) fish and wildlife; and
(f) flood control.
Enacted by Chapter 251, 1991 General Session
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 26 - Bear River Development Act › Part 5 - Financing and Cost Recovery › Section 503 - Payment of project costs.

73-26-503.
Payment of project costs.
(1) Construction and environmental mitigation costs allocated to municipal or industrial uses shall be entirely repaid by the entities contracting for water designated for those uses.
(2) Twenty-five percent of construction and environmental mitigation costs allocated to agricultural use shall be repaid by entities contracting for agricultural water.
(3) The full costs of operation, maintenance, repair, and replacement allocated to municipal, industrial, and agricultural uses shall be charged to the entities contracting for water for those uses.
(4) Project costs allocated to recreation, fish and wildlife, and flood control are not reimbursable and shall be paid entirely by the state.
(5)
(a) The division shall negotiate charges with any person receiving hydropower benefits from a project.
(b) The charges shall, at a minimum, be sufficient to pay all project costs allocated to hydropower.
(c) Charges in excess of the amount necessary to pay project costs allocated to hydropower shall be deposited in the Water Resources Conservation and Development Fund.
Amended by Chapter 334, 1995 General Session
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 26 - Bear River Development Act › Part 5 - Financing and Cost Recovery › Section 504 - Agreement for delivery -- Period for repayment of construction and environmental mitigation costs.

73-26-504.
Agreement for delivery -- Period for repayment of construction and environmental mitigation costs.
(1) The division and the contracting entity shall, by contractual agreement, establish when and in what amount water developed by the project will be delivered to the contracting entity.
(2) If a contract was made before completion of the project, the contracting entity shall repay the construction and environmental mitigation costs as follows:
(a) any developed water taken by the contracting entity during the first 10 years after the project is completed shall be repaid within 50 years from the date the developed water is delivered to the contracting entity; and
(b) any developed water taken by the contracting entity after the tenth anniversary date of the project's completion shall be repaid within 50 years from the date the project was completed.
(3) If a contract was made after the project was completed, the contracting entity shall repay the construction and environmental mitigation costs within a period not to exceed 50 years from the date the contract was made.
Amended by Chapter 102, 1997 General Session
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 26 - Bear River Development Act › Part 5 - Financing and Cost Recovery › Section 506 - Water charges.

73-26-506.
Water charges.
The division shall set prices for the sale or lease of developed water sufficient to:
(1) recover the reimbursable construction and environmental mitigation costs within the time period specified in Section 73-26-504 and pay for the interest on those costs;
(2) pay for operation and maintenance costs; and
(3) accumulate an adequate reserve for repair and replacement.
Amended by Chapter 102, 1997 General Session
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 26 - Bear River Development Act › Part 5 - Financing and Cost Recovery › Section 507 - Repayments returned to Water Resources Conservation and Development Fund -- Deposit of remaining revenue -- Division of Finance authorized to establish accounts.

73-26-507.
Repayments returned to Water Resources Conservation and Development Fund -- Deposit of remaining revenue -- Division of Finance authorized to establish accounts.
(1) Repayments of construction and environmental mitigation costs, the interest charged, and excess hydropower charges shall be deposited in the Water Resources Conservation and Development Fund.
(2) The Division of Finance shall establish an enterprise fund, in accordance with Section 51-5-4 and generally accepted accounting principles, for the deposit of revenues designated for operation, maintenance, repair, and replacement.
(3) The Division of Finance may establish accounts as necessary or desirable to accomplish the purposes of this chapter.
Amended by Chapter 334, 1995 General Session
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 27 - Legislative Water Development Commission › Section 103 - Duties and powers of commission.

Affected by 63I-1-273 on 1/1/2031
Effective 5/3/2023
73-27-103.
Duties and powers of commission.
(1) The commission shall consider and make recommendations to the Legislature and governor on the following issues:
(a) how the water needs of the state's growing agricultural, municipal, and industrial sectors will be met;
(b) what the impact of federal regulations and legislation will be on the ability of the state to manage and develop its compacted water rights;
(c) how the state will fund water projects;
(d) whether the state should become an owner and operator of water projects;
(e) how the state will encourage the implementation of water conservation programs; and
(f) other water issues of statewide importance.
(2) The commission shall consult with the Division of Water Resources and the Board of Water Resources regarding:
(a) recommendations for rules, criteria, targets, processes, and plans described in Subsection 73-10g-105(3); and
(b) the scope of any request for proposals that may be issued by the Division of Water Resources and Board of Water Resources to assist in creating the rules, criteria, targets, processes, and plans described in Subsection 73-10g-105(3) .
(3) The commission shall support community efforts to develop a unified, state water strategy to promote water conservation and efficiency that:
(a) is consistent with Section 73-1-21;
(b) is created with the aid of stakeholders including water conservancy districts created under Title 17B, Chapter 2a, Part 10, Water Conservancy District Act;
(c) includes model ordinances or policies consistent with the unified, statewide water strategy that may be adopted by political subdivisions; and
(d) respects different needs of different political subdivisions or geographic regions of the state.
(4) The commission may:
(a) form one or more working groups from the membership of the commission to consider and study the issues described in this section;
(b) meet up to six times per calendar year without approval from the Legislative Management Committee; and
(c) open one or more committee bill files that relate to the commission's duties under this section.
Amended by Chapter 258, 2023 General Session
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 28 - Lake Powell Pipeline Development Act › Part 1 - General Provisions › Section 103 - Definitions.

73-28-103.
Definitions.
As used in this chapter:
(1) "Board" means the Board of Water Resources.
(2) "Committee" means the Project Management Committee created in Section 73-28-105.
(3)
(a) "Construction costs" means all costs related to the construction of the project, including the environmental mitigation costs.
(b) Construction costs include:
(i) acquisition of land and rights-of-way;
(ii) board and division expenses related to the project;
(iii) compensation for impairment of existing water rights;
(iv) construction of the project;
(v) design;
(vi) engineering;
(vii) environmental studies;
(viii) legal work;
(ix) permitting;
(x) planning; and
(xi) rebuilding and relocating highways or other facilities affected by the project.
(4) "Developed water" means surface water developed by the project.
(5) "District" means:
(a) the Central Iron County Water Conservancy District;
(b) the Kane County Water Conservancy District;
(c) the Washington County Water Conservancy District; or
(d) any combination of those districts listed in Subsections (5)(a) through (c).
(6) "Division" means the Division of Water Resources.
(7) "Environmental mitigation costs" means costs associated with obtaining permits required by federal, state, or local governmental agencies.
(8) "Preconstruction costs" means any of the following costs incurred before project construction begins:
(a) planning;
(b) design;
(c) engineering studies;
(d) legal work;
(e) permitting;
(f) acquisition of land and rights-of-way;
(g) compensation for impairment of existing water rights;
(h) environmental studies; or
(i) any combination of Subsections (8)(a) through (h).
(9)
(a) "Project" means the Lake Powell Pipeline project and associated facilities, including:
(i) facilities associated with environmental mitigation;
(ii) hydroelectric generating works and incidental electrical facilities;
(iii) pipelines; and
(iv) pumping stations.
(b) Notwithstanding Subsection (9)(a), associated facilities do not include the local facilities necessary for the treatment and local delivery of the developed water.
(10) "Project costs" include preconstruction costs, construction costs, and project operation, maintenance, repair, and replacement costs.
Enacted by Chapter 216, 2006 General Session
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 28 - Lake Powell Pipeline Development Act › Part 1 - General Provisions › Section 104 - Powers of the board.

73-28-104.
Powers of the board.
(1) The board may contract with:
(a) a district for the sale of developed water;
(b) a qualified entity for the development or construction of the project; or
(c) a district or other qualified entity for the operation, maintenance, repair, or replacement of the project.
(2) By following the procedures and requirements of Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the board may make rules to:
(a) establish prices, in consultation with the committee and in accordance with Section 73-28-403, for:
(i) developed water sold to the districts; and
(ii) electricity made available by the project;
(b) establish procedures for reviewing offers to contract for the sale of developed water and electricity;
(c) establish the interest rate for repayment of preconstruction and construction costs;
(d) establish a reasonable time period for the districts to offer to purchase water; and
(e) administer and operate the project.
(3) The board may exercise eminent domain, as provided in Title 78B, Chapter 6, Part 5, Eminent Domain, to construct the project.
Amended by Chapter 3, 2008 General Session
Amended by Chapter 382, 2008 General Session