reglab/statecodes huggingface dataset:
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 10d - Utah Privatization Act › Section 1 - Public policy.

73-10d-1.
Public policy.
The Legislature declares that the policy of this state is to assure its citizens adequate public services, including drinking water, water, and wastewater collection, treatment and disposal at reasonable cost. Adequate public services are essential to the maintenance and general welfare of the citizens of this state and to the continued expansion of the state's economy, job market, and industrial base.
The cost of constructing, owning, and operating capital facilities to meet the anticipated growth in the demand for those public services is becoming increasingly burdensome to political subdivisions, particularly to the smaller communities of the state.
It is desirable that innovative financing mechanisms be made available to assist the communities of this state to develop capital facilities to provide adequate public services at reasonable cost. Private sector ownership and operation of capital facilities providing public services together with industrial development revenue bond financing of those facilities, can result in cost savings to communities contracting for those public services.
It is in the best public interest of the state and its citizens that political subdivisions be authorized to provide public services by access to facilities owned and operated by private persons and financed through the issuance of industrial development revenue bonds, and to contract with private persons for the long-term provision of the services of those facilities.
Amended by Chapter 245, 1985 General Session
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 10d - Utah Privatization Act › Section 5 - Bond issues -- Debt not authorized -- Project not a public utility -- Financing as an industrial facility.

73-10d-5.
Bond issues -- Debt not authorized -- Project not a public utility -- Financing as an industrial facility.
(1) The governing body of any municipality or county may, under Title 11, Chapter 17, Utah Industrial Facilities and Development Act, and this chapter, issue bonds to finance the costs of privatization projects within or partially within its own jurisdiction, on behalf of private owner/operators, all pursuant to contracts and other arrangements provided for in the proceedings under which the bonds are issued. Privatization projects shall provide services to one or more political subdivisions, which may include the municipality or county issuing bonds.
(2) All bonds issued under this chapter shall be limited obligations of the municipality or county issuing the bonds. Bonds issued under this chapter or interest on them do not constitute nor give rise to a general obligation of the state, the issuer of the bonds, or any other political subdivision, nor are they a charge against the general credit or taxing powers of the state, the issuer, or any other political subdivision. This limitation shall be plainly stated on the face of the bonds. The bonds are not payable from any funds other than those of the municipality or county that shall be specifically pledged for that purpose in accordance with this chapter and Title 11, Chapter 17, Utah Industrial Facilities and Development Act.
(3) All expenses incurred in carrying out any provision of this chapter with respect to a privatization project are payable solely as provided under this chapter, and nothing in this chapter shall be construed to authorize the issuer of bonds to incur indebtedness or liability on behalf of or payable by the state or any political subdivision.
(4) A privatization project or its private owner/operator is not a "public utility" for any purpose of Title 54, Chapter 2, General Provisions, with respect to any privatization project or the services provided thereby.
(5) For purposes of Title 11, Chapter 17, Utah Industrial Facilities and Development Act, a privatization project is a "project" as defined in Section 11-17-2.
Amended by Chapter 93, 1990 General Session
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 10d - Utah Privatization Act › Section 6 - Contents of agreements and reports required where bonds are issued that mature more than 10 years after project begins operation.

73-10d-6.
Contents of agreements and reports required where bonds are issued that mature more than 10 years after project begins operation.
(1) If a municipality or county issues bonds to finance the cost of a privatization project and the bonds mature more than 10 years after the privatization project begins operation, the political subdivision contracting with a private owner/operator for the services of the privatization project shall assure that the minimum level of services under contract, payment for the services, and the supply of drinking water, water, or wastewater required in connection with the provision of those services will be sufficient to generate enough income, after payment of operating expenses, to fund reserves for repair and replacement, and to discharge any other obligation of the political subdivision to the private owner/operator under any agreement, and together with all other sources of revenue pledged for payment of the bonds, to pay all principal and interest on the bonds during the term of the bonded indebtedness. The assurance may take the form of:
(a) long-term agreements, at least equal to the period of the bonded indebtedness, with other political subdivisions or other persons; or
(b) ordinances, franchises, or other forms of regulation requiring sufficient quantities of drinking water, water, or wastewater.
(2) The supervising agency shall establish rules for periodic reporting by any political subdivision that establishes ordinances, franchises, or other forms of regulation under Subsection (1) and Subsection 73-10d-4(3). The reports shall include information about the services being provided by the privatization project and whether the charges made for those services together with all other sources of revenue pledged for the payment of principal and interest on the bonds, are sufficient to meet the debt service on the bonds.
Amended by Chapter 245, 1985 General Session
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 10d - Utah Privatization Act › Section 7 - Agreements by political subdivisions for privatization projects -- Joint interests.

73-10d-7.
Agreements by political subdivisions for privatization projects -- Joint interests.
(1) Any one or more political subdivisions, or the United States or any of its agencies, may enter into long-term agreements with any person for joint or cooperative action related to the acquisition, construction, maintenance, ownership, operation, and improvement of privatization projects in accordance with the terms, conditions, and consideration provided in any long-term agreements. Any payments made by a political subdivision under a long-term agreement for joint or cooperative action may not be construed to be an indebtedness of or a lending of the credit of the political subdivision within the meaning of any constitutional or statutory restriction, and, except as required by this chapter and the constitution, no election is necessary for the authorization of any long-term agreement for joint or cooperative action.
(2) Any one or more political subdivisions may construct, purchase, or otherwise acquire joint interests in any privatization project or any part of a privatization project, for common use with any private entity or other political subdivision, or may sell or lease to any other political subdivision or person a partial interest in a privatization project. Political subdivisions may finance their joint interests in privatization projects in the manner provided for and subject to Title 11, Chapter 14, Local Government Bonding Act, if otherwise eligible thereunder to finance capital improvement.
Amended by Chapter 105, 2005 General Session
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 10e - Water Development and Flood Mitigation Reserve Account › Section 2 - Requirement to obtain rights-of-way and easements.

73-10e-2.
Requirement to obtain rights-of-way and easements.
It is the intent of the Legislature that the money appropriated into the Water Development and Flood Mitigation Reserve Account in Section 73-10e-1 may not be spent for construction of dikes until all necessary rights-of-way and easements are obtained for each individual diking project by the impacted local government entities in which the diking projects are located.
Amended by Chapter 20, 1995 General Session
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 10e - Water Development and Flood Mitigation Reserve Account › Section 3 - Requirement to provide engineering studies.

73-10e-3.
Requirement to provide engineering studies.
Local government entities in which the projects described in Subsection 73-10e-1(4)(c)(i)(A) and Subsection 73-10e-1(4)(d) are located, shall immediately make all engineering studies which may be useful for the final design and construction of the projects, available to the state at no cost to the state.
Amended by Chapter 20, 1995 General Session
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 10e - Water Development and Flood Mitigation Reserve Account › Section 4 - Authority to transfer funds.

73-10e-4.
Authority to transfer funds.
The Division of Water Resources may transfer money to the Department of Transportation, as necessary under this chapter, to construct projects whose purposes are primarily to protect state highways or to study or construct Option B set forth in Subsection 73-10e-1(4)(c)(i)(B).
Amended by Chapter 20, 1995 General Session
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 10f - Bear River Development › Section 1 - Definitions.

73-10f-1.
Definitions.
As used in this chapter:
(1) "Division" means the Division of Water Resources.
(2) "Task force" means the Joint Gubernatorial/Legislative Task Force on the Bear River created in Laws of Utah 1989, Chapter 158.
Amended by Chapter 250, 2008 General Session
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 10f - Bear River Development › Section 2 - Bear River feasibility studies.

73-10f-2.
Bear River feasibility studies.
(1) The division is directed to undertake a study of the feasibility of developing the Bear River. This study shall include the following components:
(a) an assessment of present water supplies, uses, and rights and future water needs in counties within the Bear River Basin and along the Wasatch Front;
(b) an evaluation of alternative dam and reservoir sites;
(c) a review of preliminary design work;
(d) an update of the cost estimates;
(e) an assessment of environmental impacts;
(f) water quality analyses; and
(g) financial and economic analyses.
(2) The division shall:
(a) report to the task force on the progress of the studies upon the request of the chairmen; and
(b) report its interim conclusions and recommendations to the task force by October 31, 1990, and its final conclusions and recommendations by October 31, 1991.
Enacted by Chapter 206, 1990 General Session
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 10g - Water Infrastructure and Long-term Planning › Part 1 - Funding › Section 101 - Title.

Effective 3/16/2018
73-10g-101.
Title.
(1) This chapter is known as "Water Infrastructure and Long-Term Planning."
(2) This part is known as "Funding."
Amended by Chapter 143, 2018 General Session
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 10g - Water Infrastructure and Long-term Planning › Part 1 - Funding › Section 102 - Definitions.

Effective 5/12/2015
73-10g-102.
Definitions.
As used in this chapter:
(1) "Board" means the Board of Water Resources;
(2) "Division" means the Division of Water Resources; and
(3) "Restricted account" means the Water Infrastructure Restricted Account created in Section 73-10g-103.
Enacted by Chapter 458, 2015 General Session
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 10g - Water Infrastructure and Long-term Planning › Part 1 - Funding › Section 103 - Creation of the Water Infrastructure Restricted Account.

Effective 7/1/2023
73-10g-103.
Creation of the Water Infrastructure Restricted Account.
(1)
(a) There is created a restricted account in the General Fund known as the "Water Infrastructure Restricted Account."
(b) The restricted account shall earn interest.
(2) The restricted account consists of money generated from the following sources:
(a) voluntary contributions made to the division for the construction, operation, or maintenance of state water projects;
(b) appropriations made to the restricted account by the Legislature;
(c) interest earned on the restricted account; and
(d) money transferred to the restricted account under Section 73-10-25.
(3) Subject to appropriation, the division and the board shall manage the restricted account created in Subsection (1) in accordance with this chapter.
Amended by Chapter 261, 2023 General Session
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 10g - Water Infrastructure and Long-term Planning › Part 1 - Funding › Section 104 - Authorized use of the Water Infrastructure Restricted Account.

Effective 7/1/2023
73-10g-104.
Authorized use of the Water Infrastructure Restricted Account.
Money in the restricted account is to be used for:
(1) the development of the state's undeveloped share of the Bear and Colorado rivers, pursuant to existing interstate compacts governing both rivers as described in Chapter 26, Bear River Development Act, and Chapter 28, Lake Powell Pipeline Development Act;
(2) repair, replacement, or improvement of federal water projects for local sponsors in the state when federal funds are not available;
(3) study and development of rules, criteria, targets, processes, and plans, as described in Subsection 73-10g-105(3); and
(4) a project that benefits the Colorado River drainage in Utah, including projects for water reuse, desalinization, building of dams, or water conservation, if a county or municipality that benefits from the project:
(a) requires a new residential subdivision follow the regional conservation level of .59 acre-feet regardless of whether the outside water is potable, reuse, or secondary water;
(b) adopts and implements the local water conservancy district's emergency drought contingency plan;
(c) adopts and implements the local water conservancy district's grass rebate program's maximum grass restrictions;
(d) prohibits grass in new retail, industrial, or commercial facility landscaping;
(e) has reuse water be managed by the local water conservancy district;
(f) does not withdraw water from an aquifer in excess of the safe yield of the aquifer as defined in Section 73-5-15;
(g) adopts and implements excess water use surcharges;
(h) prohibits private water features in new development, such as a fountain, pond, or ski lake; and
(i) prohibits large grassy areas in new development, unless the large grassy area is open to the general public.
Amended by Chapter 261, 2023 General Session
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 10g - Water Infrastructure and Long-term Planning › Part 1 - Funding › Section 105 - Loans -- Rulemaking.

Effective 1/1/2021
73-10g-105.
Loans -- Rulemaking.
(1)
(a) The division and the board shall make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, in preparation to make loans from available funds to repair, replace, or improve underfunded federal water infrastructure projects.
(b) Subject to Chapter 26, Bear River Development Act, and Chapter 28, Lake Powell Pipeline Development Act, the division and the board shall make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, in preparation to make loans from available funds to develop the state's undeveloped share of the Bear and Colorado rivers.
(2) The rules described in Subsection (1) shall:
(a) specify the amount of money that may be loaned;
(b) specify the criteria the division and the board shall consider in prioritizing and awarding loans;
(c) specify the minimum qualifications for a person to receive a loan, including the amount of cost-sharing to be the responsibility of the person applying for a loan;
(d) specify the terms of the loan, including the terms of repayment; and
(e) require an applicant for a loan to apply on forms provided by the division and in a manner required by the division.
(3) The division and the board shall, in making the rules described in Subsection (1) and in consultation with the Legislative Water Development Commission created in Section 73-27-102:
(a) establish criteria for better water data and data reporting;
(b) establish new conservation targets based on the data described in Subsection (3)(a);
(c) institute a process for the independent verification of the data described in Subsection (3)(a);
(d) establish a plan for an independent review of:
(i) the proposed construction plan for an applicant's qualifying water infrastructure project; and
(ii) the applicant's plan to repay the loan for the construction of the proposed water infrastructure project;
(e) invite and recommend public involvement; and
(f) set appropriate financing and repayment terms.
(4) The division and the board shall provide regular updates to the Legislative Management Committee on the progress made under this section, including whether the division and board intend to issue a request for proposals.
Amended by Chapter 28, 2020 General Session
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 10g - Water Infrastructure and Long-term Planning › Part 1 - Funding › Section 106 - Requirement for repayment.

Effective 5/12/2015
73-10g-106.
Requirement for repayment.
(1) Any money utilized to construct water infrastructure to develop the state's share of the Bear and Colorado Rivers are subject to the repayment provisions of Title 73, Chapter 26, Bear River Development Act, and Chapter 28, Lake Powell Pipeline Development Act.
(2) Any money utilized for the repair, replacement, or improvement of federal water infrastructure projects when federal funds are not available shall be repaid pursuant to the terms and conditions established by the division and the board by rule under Section 73-10g-105.
Enacted by Chapter 458, 2015 General Session
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 10g - Water Infrastructure and Long-term Planning › Part 2 - Agricultural Water Optimization › Section 201 - Title.

Affected by 63I-1-273 on 7/1/2028
Effective 3/16/2018
73-10g-201.
Title.
This part is known as "Agricultural Water Optimization."
Enacted by Chapter 143, 2018 General Session
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 10g - Water Infrastructure and Long-term Planning › Part 2 - Agricultural Water Optimization › Section 203.5 - Definitions.

Affected by 63I-1-273 on 7/1/2028
Effective 7/1/2023
73-10g-203.5.
Definitions.
As used in this part:
(1) "Account" means the Agricultural Water Optimization Account created in Section 73-10g-204.
(2) "Agricultural water optimization" means the implementation of agricultural and water management practices that maintain viable agriculture while reducing water depletion to enhance water availability and minimize impacts on water supply, water quality, and the environment.
(3) "Change application" means an application filed under Section 73-3-3.
(4) "Committee" means the Agricultural Water Optimization Committee created in Section 73-10g-205.
(5) "Conservation commission" means the conservation commission created in Section 4-18-104.
(6) "Department" means the Department of Agriculture and Food.
(7) "Depletion reduction" means a net decrease in water consumed accomplished by implementing water optimization practices during beneficial use of water under an approved water right.
(8) "Diversion reduction" means a decrease in net diversion amount from that allowed under a water right accomplished by implementation of water optimization practices.
(9) "Funding application" means an application filed under Section 73-10g-206.
(10) "Saved water" means the water quantified as depletion reduction or diversion reduction in a final order approving a change application filed in conjunction with an agricultural water optimization project.
Enacted by Chapter 261, 2023 General Session
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 10g - Water Infrastructure and Long-term Planning › Part 2 - Agricultural Water Optimization › Section 204 - Agricultural Water Optimization Account.

Affected by 63I-1-273 on 7/1/2028
Effective 7/1/2023
73-10g-204.
Agricultural Water Optimization Account.
(1) There is created a restricted account within the General Fund called the "Agricultural Water Optimization Account."
(2) The account consists of:
(a) appropriations from the Legislature;
(b) federal funds; and
(c) grants or donations from other public or private sources.
(3) Subject to appropriation, the conservation commission may use money in the account to issue grants in accordance with Section 73-10g-206 to improve agricultural water optimization.
(4) Until December 31, 2024, the department may loan up to $3,000,000 of General Fund money in the account to the Agriculture Resource Development Fund, subject to the conditions described in Section 4-18-106.
(5)
(a) The department shall maintain the account and record the debits and credits made to the account by the department.
(b) The Office of the Treasurer shall deposit interest and other earnings derived from investment of money in the account into the account.
(6) The department and the Department of Natural Resources may use money in the account for the administration of this part, except that the aggregate amount expended under this Subsection (6) may not exceed 1.5% of the money appropriated to the grant program described in Section 73-10g-206.
Amended by Chapter 261, 2023 General Session
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 10g - Water Infrastructure and Long-term Planning › Part 2 - Agricultural Water Optimization › Section 207 - Division public information and reporting.

Affected by 63I-1-273 on 7/1/2028
Effective 7/1/2023
73-10g-207.
Division public information and reporting.
(1) The division shall, in coordination with the department and the Division of Water Rights, annually compile and publish a report on:
(a) completed projects;
(b) saved water made available from agricultural water optimization projects; and
(c) the effectiveness of the agricultural water optimization funding programs established by this part.
(2) On or before November 30 of each year, the committee, division, and the Division of Water Rights shall jointly present the annual report to:
(a) the Legislative Water Development Commission;
(b) the Natural Resources, Agriculture, and Environment Interim Committee;
(c) the Utah Water Task Force within the Department of Natural Resources; and
(d) the Utah Watersheds Council.
(3) The division shall publish reports from research described in Subsection 73-10g-205(7).
Enacted by Chapter 261, 2023 General Session
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 10g - Water Infrastructure and Long-term Planning › Part 2 - Agricultural Water Optimization › Section 208 - Water use pursuant to a water optimization change application.

Affected by 63I-1-273 on 7/1/2028
Effective 7/1/2023
73-10g-208.
Water use pursuant to a water optimization change application.
(1) A person entitled to file a change application under Section 73-3-3 may file a change application in connection with an agricultural water optimization project, regardless of whether the agricultural water optimization project is funded under this part:
(a) to change the nature of use of the depletion reduction amount of an agricultural water right to saved water;
(b) to quantify saved water; and
(c) to allow beneficial use of saved water separate from the agricultural use, so long as there is no enlargement of depletion or diversion amounts.
(2) Saved water, including depletion reduction and diversion reduction, is considered beneficial use as required by Sections 73-1-3 and 73-3-1.
(3) The state engineer may make rules as provided under Section 73-2-1 and Title 63G, Chapter 3, Utah Administrative Rulemaking Act, regarding implementation of this section.
Enacted by Chapter 261, 2023 General Session
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 10g - Water Infrastructure and Long-term Planning › Part 3 - Watershed Councils Act › Section 301 - Title -- Implementation of part.

Effective 5/12/2020
73-10g-301.
Title -- Implementation of part.
(1) This part is known as the "Watershed Councils Act."
(2) This part shall be liberally construed to:
(a) develop diverse and balanced stakeholder forums for discussion of water policy and resource issues at watershed and state levels that are not vested with regulatory, infrastructure financing, or enforcement powers or responsibilities; and
(b) use local expertise and resources found in universities and other research institutions or in regional, state, and federal agencies.
Enacted by Chapter 309, 2020 General Session
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 10g - Water Infrastructure and Long-term Planning › Part 3 - Watershed Councils Act › Section 302 - Definitions.

Effective 5/12/2020
73-10g-302.
Definitions.
As used in this part:
(1) "Council" means the state council or a local council created under this part.
(2) "Local council" means a local watershed council created in accordance with Section 73-10g-306.
(3) "State council" means the Utah Watersheds Council created in Section 73-10g-304.
(4) "Utah Water Task Force" means a task force created by the Department of Natural Resources to review and make recommendations regarding water issues.
Enacted by Chapter 309, 2020 General Session
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 10g - Water Infrastructure and Long-term Planning › Part 3 - Watershed Councils Act › Section 303 - Watersheds.

Effective 5/12/2020
73-10g-303.
Watersheds.
For the purposes of this part, the state is divided into the following watersheds, corresponding to those found on hydrologic basin maps maintained by the division:
(1) the Bear River Watershed, comprised of the portions of Box Elder, Cache, Rich, and Summit counties that drain into the Bear River or Great Salt Lake;
(2) the Weber River Watershed, comprised of the portions of Weber, Davis, Morgan, and Summit counties that drain into the Weber River or Great Salt Lake;
(3) the Jordan River Watershed, comprised of the portions of Salt Lake and Utah counties that drain into the Jordan River or Great Salt Lake;
(4) the Utah Lake Watershed, comprised of the portions of Utah, Wasatch, Juab, and Summit counties that drain into Utah Lake;
(5) the West Desert Watershed, comprised of the portions of Box Elder, Tooele, Juab, Millard, Beaver, and Iron counties that drain into Great Salt Lake or have no outlet, as well as the portion of Box Elder County that drains into the Columbia River watershed;
(6) the Sevier River Watershed, comprised of the portions of Kane, Garfield, Wayne, Piute, Emery, Sevier, Sanpete, Carbon, Utah, Juab, Tooele, Millard, and Beaver counties that drain into the Sevier River;
(7) the Cedar-Beaver Watershed, comprised of the portions of Washington, Iron, Beaver, Garfield, Piute, and Millard counties that historically drained into Sevier Lake;
(8) the Uintah Watershed, comprised of the portions of Daggett, Summit, Duchesne, Uintah, Wasatch, Carbon, Grand, and Emery counties that drain into the Green and Colorado rivers;
(9) the West Colorado River Watershed, comprised of the portions of Duchesne, Wasatch, Carbon, Sanpete, Sevier, Emery, Grand, Wayne, San Juan, Garfield, and Kane counties that drain into the Colorado River;
(10) the Southeast Colorado River Watershed, comprised of the portions of Grand, Wayne, San Juan, and Garfield counties that drain into the San Juan and Colorado rivers;
(11) the Kanab Creek-Virgin River Watershed, comprised of the portions of Iron, Washington, and Kane counties that drain into the Colorado River; and
(12) the Great Salt Lake Watershed, comprised of the West Desert, Bear River, Weber River, Jordan River, and Utah Lake watersheds.
Enacted by Chapter 309, 2020 General Session
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 10g - Water Infrastructure and Long-term Planning › Part 3 - Watershed Councils Act › Section 305 - Role of the state council.

Effective 5/12/2020
73-10g-305.
Role of the state council.
(1) The state council is directed to:
(a) serve as a forum to encourage and facilitate discussion and collaboration by and among the stakeholders relative to the water-related interests of the state and the state's people and institutions;
(b) facilitate communication and coordination between the Department of Natural Resources, the Department of Agriculture and Food, the Department of Environmental Quality, and other state and federal agencies in the administration and implementation of water-related activities;
(c) facilitate the establishment of local watershed councils by certifying a local council:
(i) for the watersheds defined in Section 73-10g-303; and
(ii) after reviewing the proceedings and documents submitted by proposed local councils, to ensure that the local council meets the certification requirements in Section 73-10g-306;
(d) provide resources and support for the administration of local councils;
(e) consult and seek guidance from local councils; and
(f) provide advice to the governor and Legislature on water issues.
(2) The state council shall provide updates on the state council's activities annually, or as invited, to:
(a) the Natural Resources, Agriculture, and Environment Interim Committee;
(b) the Legislative Water Development Commission; and
(c) the Utah Water Task Force.
Enacted by Chapter 309, 2020 General Session
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 10g - Water Infrastructure and Long-term Planning › Part 3 - Watershed Councils Act › Section 306 - Local watershed councils -- Creation.

Effective 5/12/2020
73-10g-306.
Local watershed councils -- Creation.
(1) A proposed local watershed council may be certified by the Utah Watersheds Council under Subsection 73-10g-305(1)(c) if:
(a) the organizing documents and policies of the proposed local watershed council:
(i) provide for an open and equitable system of governance;
(ii) encourage participation by a water user or group of water users, other watershed groups, mutual irrigation companies, distribution system committees, and other stakeholders within the watershed; and
(iii) require that:
(A) a majority of the members of the local council constitutes a quorum; and
(B) an action of the local council be approved by no less than a majority of the members of the local council;
(b) in a balance appropriate for the watershed, the proposed local council membership includes watershed stakeholders who reside or work within the watershed or own or control the right to divert or use water within the watershed and is representative, where feasible, of at least these interests:
(i) agriculture;
(ii) industry;
(iii) Indian tribes;
(iv) public water suppliers, as defined in Section 73-1-4;
(v) water planning and research institutions;
(vi) water quality;
(vii) fish and wildlife;
(viii) water dependent habitat and environments;
(ix) watershed management, such as distribution system committees functioning within the watershed;
(x) mutual irrigation companies; and
(xi) local sponsors of reclamation projects;
(c) for each of the five watersheds that drain into Great Salt Lake, the proposed local council includes a person designated by the Great Salt Lake local watershed council, if the Great Salt Lake local watershed council is certified; and
(d) for the Great Salt Lake watershed, the proposed local council includes a person designated by each of the five watersheds that drain into Great Salt Lake that has a certified local watershed council.
(2) A local council may invite state and federal agencies to name representatives as liaisons to the local council.
Enacted by Chapter 309, 2020 General Session
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 10g - Water Infrastructure and Long-term Planning › Part 3 - Watershed Councils Act › Section 307 - Local watershed councils -- Roles and governance.

Effective 5/12/2020
73-10g-307.
Local watershed councils -- Roles and governance.
(1) A local council shall provide a forum to encourage and facilitate discussion of and collaboration on local watershed issues.
(2) A local council shall:
(a) select the local council's representative to the state council;
(b) hold meetings at times and locations as the local council determines; and
(c) make the local council's policies available to the public:
(i) at each meeting of the local council; and
(ii) on a public website maintained by the division for council business.
Enacted by Chapter 309, 2020 General Session
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 10g - Water Infrastructure and Long-term Planning › Part 3 - Watershed Councils Act › Section 308 - Conditions applicable to all watershed councils.

Effective 5/12/2020
73-10g-308.
Conditions applicable to all watershed councils.
(1) A council:
(a) is a public body as defined in Section 52-4-103 and shall comply with Title 52, Chapter 4, Open and Public Meetings Act; and
(b) shall comply with Title 63G, Chapter 2, Government Records Access and Management Act.
(2) A member of a council may not receive compensation or benefits for the member's service, but may receive per diem and travel expenses in accordance with:
(a) Section 63A-3-106;
(b) Section 63A-3-107; and
(c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and 63A-3-107.
(3) Creation of the state council or a local council does not:
(a) supersede, usurp, or replace any other watershed oriented organization within the relevant watershed unless otherwise agreed upon by the watershed oriented organization; or
(b) create a stakeholder for purposes of compliance with any state or federal law, including the National Environmental Policy Act, 42 U.S.C. Sec. 4321 et seq.
(4) A council does not have separate or inherent adjudicative, regulatory, infrastructure development, infrastructure financing, enforcement, or other powers or responsibilities beyond those stated in this part.
Enacted by Chapter 309, 2020 General Session
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 10g - Water Infrastructure and Long-term Planning › Part 3 - Watershed Councils Act › Section 309 - Review of Watershed Councils Act.

Effective 5/12/2020
73-10g-309.
Review of Watershed Councils Act.
(1) The Natural Resources, Agriculture, and Environment Interim Committee shall direct a review of this part, which shall begin no later than October 1, 2024, and end before September 30, 2025.
(2) The state council shall clearly identify for the Natural Resources, Agriculture, and Environment Interim Committee the public purposes and interests for which the councils were originally created and whether those public purposes and interests are still relevant and are being adequately addressed through the councils.
(3) The Natural Resources, Agriculture, and Environment Interim Committee shall consider the extent to which the councils have operated in the public interest and served as valuable forums for water-related discussions among stakeholders.
(4) The interim committee shall submit a report of its recommendations, including proposed legislation and recommendations concerning the part to the Legislature before January 1, 2026.
Enacted by Chapter 309, 2020 General Session
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 10g - Water Infrastructure and Long-term Planning › Part 4 - Great Salt Lake Watershed Integrated Water Assessment › Section 401 - Definitions.

Effective 5/4/2022
73-10g-401.
Definitions.
As used in this part:
(1) "Great Salt Lake watershed" means the area comprised of the Great Salt Lake, the Bear River watershed, the Jordan River watershed, the Utah Lake watershed, the Weber River watershed, and the West Desert watershed.
(2) "Integrated water assessment" means an integrated surface and ground water assessment for the Great Salt Lake watershed developed under Section 73-10g-402.
(3) "Work plan" means the plan developed under Section 73-10g-403 to develop and implement an integrated water assessment.
Enacted by Chapter 81, 2022 General Session
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 10g - Water Infrastructure and Long-term Planning › Part 4 - Great Salt Lake Watershed Integrated Water Assessment › Section 402 - Development of an integrated water assessment.

Effective 5/3/2023
73-10g-402.
Development of an integrated water assessment.
(1) The division shall develop and implement an integrated surface and ground water assessment for the Great Salt Lake watershed.
(2) The integrated water assessment may in relationship with the Great Salt Lake watershed:
(a) provide an assessment of the amounts and quality of available water resources;
(b) assess and forecast the quantity of water available for human, agricultural, economic development, and environmental or instream uses, and ecological needs, including:
(i) current and future water supply and demand and the factors that influence availability;
(ii) long-term trends in water availability and the causes of those trends; and
(iii) seasonal and decadal forecasts of availability;
(c) investigate the potential benefits of forest management and watershed restoration in:
(i) improving snowpack retention;
(ii) increasing soil moisture;
(iii) sustaining river flows in low flow seasons;
(iv) mitigating wildfire risk; and
(v) improving water quality;
(d) coordinate an effort to:
(i) quantify the amount of water and water quality needed to sustain high priority ecological sites in rivers, riparian, wetland, and lake systems; and
(ii) incorporate the water demand into the water supply and demand model;
(e) identify and evaluate best management practices that may be used to provide a reliable water supply that:
(i) meet water quality objectives;
(ii) meet agriculture water objectives;
(iii) accommodate anticipated growth and economic development; and
(iv) provide adequate flow to sustain the Great Salt Lake, the Great Salt Lake's wetlands, and other ecological functions in the Great Salt Lake's watershed;
(f) investigate the potential impacts of water reuse projects on the Great Salt Lake; and
(g) address other matters identified in the work plan.
(3) The integrated water assessment shall include a water budget for the Great Salt Lake and the Great Salt Lake's associated wetlands, including water flows needed to maintain different lake levels under different scenarios, taking into consideration water quality, ecological needs, economic benefits, and public health benefits of the Great Salt Lake.
(4) In developing and implementing the integrated water assessment, the division shall:
(a) consult and coordinate with other state, local, regional, and federal governmental entities, water users, and other stakeholders; and
(b) coordinate with, and where appropriate, consider or incorporate other planning efforts, assessments, studies, or reports relevant to the Great Salt Lake watershed.
Amended by Chapter 176, 2023 General Session
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 10g - Water Infrastructure and Long-term Planning › Part 4 - Great Salt Lake Watershed Integrated Water Assessment › Section 403 - Work plan.

Effective 5/4/2022
73-10g-403.
Work plan.
(1)
(a) By no later than November 30, 2023, and before developing the integrated water assessment under Section 73-10g-402, the division shall create a plan for developing and implementing the integrated water assessment.
(b) In creating the work plan, the division shall consult with the entities described in Subsection 73-10g-402(4)(a).
(2) The work plan shall include in relationship to the Great Salt Lake watershed:
(a) a synthesis of available information, literature, and data, and an assessment of scientific, technical, measurement, and other informational needs, relating to:
(i) water quantity, water quality, water use, and water demand;
(ii) improving quantification and quality of data for:
(A) surface and groundwater water diversions;
(B) depletions; and
(C) return flow;
(iii) developing, downscaling, or otherwise updating models and assessment tools to improve understanding of water supply, water use, and water availability;
(iv) understanding changing watershed conditions, including changes in climate, evapotranspiration, and other water supply vulnerabilities; and
(v) other matters as the division determines to be appropriate; and
(b) a description of how the work plan shall be implemented to address the needs described in Subsection (2)(a), including:
(i) prioritize proposed activities, such as monitoring data infrastructure needs, studies, analyses, and development of tools necessary to implement the integrated water assessment;
(ii) an implementation schedule, with completion of an integrated water assessment by no later than November 30, 2026;
(iii) recommendations and a cost assessment for the implementation of the work plan;
(iv) public engagement process;
(v) an agreed approach to facilitate integrated watershed management and coordination across local, state, and federal agencies; and
(vi) other matters as the division determines to be appropriate.
Enacted by Chapter 81, 2022 General Session
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 10g - Water Infrastructure and Long-term Planning › Part 4 - Great Salt Lake Watershed Integrated Water Assessment › Section 404 - Completion of integrated water assessment -- Reporting and publishing.

Effective 5/4/2022
73-10g-404.
Completion of integrated water assessment -- Reporting and publishing.
(1) The division shall complete the integrated water assessment by no later than November 30, 2026.
(2)
(a) The division shall report at least annually on the progress and findings from the integrated water assessment to:
(i) the Natural Resources, Agriculture, and Environment Interim Committee;
(ii) the Legislative Water Development Commission; and
(iii) the Great Salt Lake Advisory Council.
(b) The division shall publish a report provided under Subsection (2)(a) on the division's website.
(3) The division shall publish a final report on an integrated water assessment by no later than December 31, 2027.
Enacted by Chapter 81, 2022 General Session
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 10g - Water Infrastructure and Long-term Planning › Part 4 - Great Salt Lake Watershed Integrated Water Assessment › Section 405 - Great Salt Lake related post-construction storm water management.

Effective 5/4/2022
73-10g-405.
Great Salt Lake related post-construction storm water management.
(1) As used in this section:
(a) "Storm water" means the same as that term is defined in Section 19-5-108.5.
(b) "Storm water permit" means the same as that term is defined in Section 19-5-108.5.
(2)
(a) As part of the integrated water assessment, the division shall study the impact of low impact development best management practices associated with post-construction retention storm water permit requirements on the water budget of the Great Salt Lake.
(b) As part of the study under this section, the division shall:
(i) coordinate with the Division of Water Quality; and
(ii) when appropriate, seek information from the United States Environmental Protection Agency.
(3) Notwithstanding Section 73-10g-404, the division shall complete the study required by this section and issue a final report to the Natural Resources, Agriculture, and Environment Interim Committee by no later than the November 2023 interim meeting of the Natural Resources, Agriculture, and Environment Interim Committee.
Enacted by Chapter 81, 2022 General Session
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 10g - Water Infrastructure and Long-term Planning › Part 5 - Capital Assets for Water › Section 501 - Definitions.

Effective 5/4/2022
73-10g-501.
Definitions.
As used in this part:
(1) "Capital asset" means an asset that:
(a) is a significant investment or an essential component necessary to provide water service, including:
(i) a facility;
(ii) infrastructure, whether above or below ground level;
(iii) equipment; or
(iv) a communications network; and
(b) is owned by a water provider.
(2) "Governing body" means:
(a) for a political subdivision, the political subdivision governing body defined in Section 63A-15-102; or
(b) for a private entity, the private entity's board of directors, managing members, partners, or equivalent body.
(3) "Retail water supplier" means the same as that term is defined in Section 19-4-102.
(4) "Water conservancy district" means the same as that term is defined in Section 73-10-32.
(5) "Water provider" means:
(a) a retail water supplier; or
(b) a water conservancy district.
Enacted by Chapter 66, 2022 General Session
Technically renumbered to avoid duplication of enacted Part also enacted in HB 429, Chapter 81.
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 10g - Water Infrastructure and Long-term Planning › Part 5 - Capital Assets for Water › Section 502 - Capital asset management.

Effective 5/4/2022
73-10g-502.
Capital asset management.
(1) As a condition of receiving state or federal financing or grants to be used for an improvement to a capital asset related to water infrastructure, the governing body of a water provider shall commit to adopt a capital asset management plan.
(2)
(a) The Drinking Water Board shall make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to establish the elements of a capital asset management plan required under Subsection (1) for a water provider that is a retail water supplier.
(b) The Board of Water Resources shall make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to establish the elements of a capital asset management plan required under Subsection (1) for a water provider that is a water conservancy district.
(3) A qualified water conservancy district, as defined in Section 17B-2a-1010, is not subject to this section but shall comply with Section 17B-2a-1010.
Enacted by Chapter 66, 2022 General Session
Technically renumbered to avoid duplication of enacted Part also enacted in HB 429, Chapter 81.
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 10g - Water Infrastructure and Long-term Planning › Part 5 - Capital Assets for Water › Section 503 - Participation in survey or evaluation.

Effective 5/4/2022
73-10g-503.
Participation in survey or evaluation.
A water provider shall participate in regular infrastructure needs surveys or evaluations and shall complete the asset-related sections of a survey or evaluation within the deadline established by the Division of Drinking Water or the Division of Water Resources.
Enacted by Chapter 66, 2022 General Session
Technically renumbered to avoid duplication of enacted Part also enacted in HB 429, Chapter 81.
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 10g - Water Infrastructure and Long-term Planning › Part 5 - Capital Assets for Water › Section 504 - Review and reporting by the Water Development Coordinating Council.

Effective 5/4/2022
73-10g-504.
Review and reporting by the Water Development Coordinating Council.
(1) As used in this section:
(a) "Council" means the Water Development Coordinating Council created by Sections 73-10c-3 and 79-2-201.
(b) "Wastewater service provider" means the same as that term is defined in Section 19-5-201.
(2) The council shall review:
(a) best practices related to the assessment, evaluation, maintenance, and replacement of capital assets of wastewater service providers or water providers; and
(b) costs associated with:
(i) the best practices described in Subsection (2)(a); and
(ii) adoption of a capital asset management plan.
(3) The council shall finalize the council's review and report to the Natural Resources, Agriculture, and Environment Interim Committee by no later than the 2022 November interim meeting of the Natural Resources, Agriculture, and Environment Interim Committee.
Enacted by Chapter 66, 2022 General Session
Technically renumbered to avoid duplication of enacted Part also enacted in HB 429, Chapter 81.