reglab/statecodes huggingface dataset:
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 6 - Withdrawal of Unappropriated Waters › Section 2 - Restoration by proclamation -- Priority of applications.

73-6-2.
Restoration by proclamation -- Priority of applications.
(1) Waters withdrawn from appropriation under this chapter may be restored by proclamation of the governor upon the recommendation of the state engineer.
(2) Such proclamation shall not become effective until notice thereof has been published:
(a) at least once a week for three successive weeks in a newspaper of general circulation within the boundaries of the river system or water source within which the waters so to be restored are situated; and
(b) in accordance with Section 45-1-101 for three weeks.
(3) Applications for appropriations shall not be filed during the time such waters are withdrawn from appropriation; provided, that after the first publication of notice aforesaid applications may be deposited with the state engineer and at the time such proclamation becomes effective the engineer shall hold public hearings, giving all applicants notice, to determine which applications so filed during the period of publication of such notice are most conducive to the public good, and shall file such applications in order of priority according to such determination.
Amended by Chapter 388, 2009 General Session
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 10 - Board of Water Resources - Division of Water Resources › Section 1.5 - Board of Water Resources -- Creation -- Transfer of powers and duties.

73-10-1.5.
Board of Water Resources -- Creation -- Transfer of powers and duties.
There is created within the Department of Natural Resources a Board of Water Resources which, except as otherwise provided in this act, shall assume all of the policy-making functions, powers, duties, rights and responsibilities of the Utah water and power board, together with all functions, powers, duties, rights and responsibilities granted to the Board of Water Resources by this act. The Board of Water Resources shall be the policy-making body of the Division of Water Resources. Except as otherwise provided in this act, whenever reference is made in Title 73, Water and Irrigation, or any other provision of law, to the Utah Water and Power Board, it shall be construed as referring to the Board of Water Resources where such reference pertains to policy-making functions, powers, duties, rights and responsibilities; but in all other instances such reference shall be construed as referring to the Division of Water Resources.
Enacted by Chapter 176, 1967 General Session
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 10 - Board of Water Resources - Division of Water Resources › Section 2 - Board of Water Resources -- Members -- Appointment -- Terms -- Vacancies.

Effective 7/1/2023
73-10-2.
Board of Water Resources -- Members -- Appointment -- Terms -- Vacancies.
(1)
(a) The Board of Water Resources shall be comprised of nine members to be appointed by the governor with the advice and consent of the Senate in accordance with Title 63G, Chapter 24, Part 2, Vacancies.
(b) In addition to the requirements of Section 79-2-203, not more than five members shall be from the same political party.
(2) The Board of Water Resources shall consist of:
(a) one member appointed from each of the following districts:
(i) Bear River District, comprising the counties of Box Elder, Cache, and Rich;
(ii) Weber District, comprising the counties of Weber, Davis, Morgan, and Summit;
(iii) Salt Lake District, comprising the counties of Salt Lake and Tooele;
(iv) Provo River District, comprising the counties of Juab, Utah, and Wasatch;
(v) Sevier River District, comprising the counties of Millard, Sanpete, Sevier, Piute, and Wayne;
(vi) Green River District, comprising the counties of Daggett, Duchesne, and Uintah;
(vii) Upper Colorado River District, comprising the counties of Carbon, Emery, Grand, and San Juan; and
(viii) Lower Colorado River District, comprising the counties of Beaver, Garfield, Iron, Washington, and Kane; and
(b) one member that represents the interests of the Great Salt Lake.
(3)
(a) Except as required by Subsection (3)(b), all appointments shall be for terms of four years.
(b) Notwithstanding the requirements of Subsection (3)(a), the governor shall, at the time of appointment or reappointment, adjust the length of terms to ensure that the terms of board members are staggered so that approximately half of the board is appointed every two years.
(c) When a vacancy occurs in the membership for any reason, the governor shall appoint a replacement member for the unexpired term, with the advice and consent of the Senate, who:
(i) is from the same district as the individual leaving the board; or
(ii) if the individual leaving the board is appointed under Subsection (2)(b), represents the interests of the Great Salt Lake.
(4) A member 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.
(5) A member shall comply with the conflict of interest provisions described in Title 63G, Chapter 24, Part 3, Conflicts of Interest.
Amended by Chapter 205, 2023 General Session
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 10 - Board of Water Resources - Division of Water Resources › Section 3 - Organization of board -- Interstate conferences -- Designation of representative -- Salary -- Compacts -- Ratification required.

Effective 5/3/2023
73-10-3.
Organization of board -- Interstate conferences -- Designation of representative -- Salary -- Compacts -- Ratification required.
(1) The board shall elect a chair and one or more vice-chairs who shall be members of the board, and shall establish the board's own rules of organization and procedure.
(2) The board, with the approval of the executive director of the Department of Natural Resources and the governor, shall designate a representative who may be one of the board's members to represent the state in interstate conferences between the state and one or more sister states held for the purpose of entering into compacts between such states for the division of the waters of interstate rivers, lakes, or other sources of water supply, and to represent the state upon commissions or other governing bodies provided for by any compacts that have been or may hereafter be entered into between the state and one or more sister states. A compact may not become binding upon the state until the compact is ratified and approved by the Utah State Legislature and the legislatures of other states that are parties to the compact.
(3) In acting as such representative of the state, the representative so acting shall act under the supervision of the governor, through the executive director of the Department of Natural Resources and of the Board of Water Resources. The director of the Division of Finance shall fix the salary to be paid to the representative while the representative is acting in this capacity.
(4) The designee of the Water Resource Board shall continue to represent the state as outlined in Subsections (2) and (3) on waters in the state except for:
(a) the Colorado River system which is governed by Title 63M, Chapter 14, Colorado River Authority of Utah Act; or
(b) state representation under:
(i) the Bear River Compact as provided in Section 73-16-4; or
(ii) the Columbia Interstate Compact as provided in Section 73-19-9.
Amended by Chapter 140, 2023 General Session
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 10 - Board of Water Resources - Division of Water Resources › Section 4 - Powers and duties of board.

Affected by 63I-1-273 on 12/31/2030
Effective 5/3/2023
73-10-4.
Powers and duties of board.
(1) The board shall have the following powers and duties to:
(a) authorize studies, investigations, and plans for the full development, use, and promotion of the water and power resources of the state, including preliminary surveys, stream gauging, examinations, tests, and other estimates either separately or in consultation with federal, state and other agencies;
(b) enter into contracts subject to the provisions of this chapter for the construction of conservation projects that in the opinion of the board will conserve and use for the best advantage of the people of this state the water and power resources of the state, including projects beyond the boundaries of the state of Utah located on interstate waters when the benefit of such projects accrues to the citizens of the state;
(c) sue and be sued in accordance with applicable law;
(d) supervise in cooperation with the governor and the executive director of the Department of Natural Resources, matters affecting interstate compact negotiations and the administration of the compacts affecting the waters of interstate rivers, lakes and other sources of supply, with the exception of:
(i) the waters of the Colorado River system that are governed by Title 63M, Chapter 14, Colorado River Authority of Utah Act; or
(ii) state representation under:
(A) the Bear River Compact as provided in Section 73-16-4; or
(B) the Columbia Interstate Compact as provided in Section 73-19-9;
(e) contract with federal and other agencies and with the National Water Resources Association and to make studies, investigations and recommendations and do all other things on behalf of the state for any purpose that relates to the development, conservation, protection and control of the water and power resources of the state;
(f) consult and advise with the Utah Water Users' Association and other organized water users' associations in the state;
(g) consider and make recommendations on behalf of the state of reclamation projects or other water development projects for construction by any agency of the state or United States and in so doing recommend the order in which projects shall be undertaken; or
(h) review, approve, and revoke an application to create a water bank under Chapter 31, Water Banking Act, collect an annual report, maintain the water banking website, and conduct any other function related to a water bank as described in Chapter 31, Water Banking Act.
(2) Nothing contained in this section shall be construed to impair or otherwise interfere with the authority of the state engineer granted by this title, except as specifically otherwise provided in this section.
Amended by Chapter 140, 2023 General Session
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 10 - Board of Water Resources - Division of Water Resources › Section 5 - Selection of project by board -- Preparation of plans and estimate of cost -- Contracts by board.

73-10-5.
Selection of project by board -- Preparation of plans and estimate of cost -- Contracts by board.
When a project to be constructed with money made available from the funds created by Section 73-10-8 has been selected by the board, which in its opinion, will conserve the water resources of this state for the best interests of the citizens of the state, the board shall cause plans and cost estimates of such project to be prepared. Such plans and cost estimates shall then be referred to the director of the Division of Finance who shall determine whether or not funds are available for the construction of the project. If the director of the Division of Finance approves the project so far as the availability of funds is concerned, the Utah water and power board shall then enter into a contract or contracts for the construction of the project. Such contracts shall not be binding upon the state until approved by the director of the Division of Finance from the standpoint of whether or not the cost of the work is reasonable and whether the contract has been entered into under the terms and conditions most advantageous to the state.
Amended by Chapter 320, 1983 General Session
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 10 - Board of Water Resources - Division of Water Resources › Section 6 - Making water available to citizens of state -- Assessment of charges against water users -- Water Resources Construction Fund.

73-10-6.
Making water available to citizens of state -- Assessment of charges against water users -- Water Resources Construction Fund.
The Board of Water Resources may make available for the use of the citizens of the state who are, in its opinion, best able to utilize the same, any or all water and power conserved by any of the projects to which the state may have title and may enter into contracts for the use of said water and power with individuals or with organizations composed of citizens of the state of Utah. The board may assess against any person using such water and power such charges as, in the opinion of the board, are necessary and reasonable for the maintenance of the project and return to the state the actual costs of the project over such term of years as the board may deem it advisable. Any amount collected as charges over and above the amount necessary to maintain any particular project shall become part of the Water Resources Construction Fund.
Amended by Chapter 169, 1988 General Session
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 10 - Board of Water Resources - Division of Water Resources › Section 7 - Title to projects -- Contractual powers of board.

73-10-7.
Title to projects -- Contractual powers of board.
Title of all projects constructed with funds made available by Section 73-10-8 hereof under the terms of this act shall become vested in the state of Utah. The board is empowered to enter into contracts which are, in its opinion, necessary for the maintenance and continued operation of such projects.
No Change Since 1953
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 10 - Board of Water Resources - Division of Water Resources › Section 11 - Counsel to board and representative -- Utilization of other departments -- Duty of executive secretary of board to collect on water contracts.

73-10-11.
Counsel to board and representative -- Utilization of other departments -- Duty of executive secretary of board to collect on water contracts.
The attorney general shall act as legal counsel to the board, and to its representative as hereinbefore provided for, and the board shall wherever practicable utilize the services and facilities of other departments of the state government. The executive secretary of the Utah water and power board shall be charged with the duty of collecting any and all amounts due on contracts with water users.
Amended by Chapter 133, 1953 Special Session C
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 10 - Board of Water Resources - Division of Water Resources › Section 12 - Appropriations.

73-10-12.
Appropriations.
There is appropriated out of any money from the state treasury the sum of $200,000 for the administration of this act. There is further appropriated the sum of $1,000,000 to become a part of the Utah water and power board construction fund.
No Change Since 1953
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 10 - Board of Water Resources - Division of Water Resources › Section 13 - Appropriation for loan fund.

73-10-13.
Appropriation for loan fund.
There is appropriated out of the General Fund not otherwise appropriated, the sum of $1,000,000 to the Utah water and power board as a permanent increase to the loan fund of Utah water and power board.
Enacted by Chapter 199, 1963 General Session
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 10 - Board of Water Resources - Division of Water Resources › Section 15 - State water plan -- Agencies to cooperate in formulation of plan.

73-10-15.
State water plan -- Agencies to cooperate in formulation of plan.
All other state agencies shall cooperate with the Division of Water Resources in the formulation of a state water plan and the division is to use information, including water resources data, which has been or will be assembled by other state agencies, the United States government, various colleges and universities of the state, or any other source which can profitably contribute to the development of a state water plan.
Amended by Chapter 176, 1967 General Session
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 10 - Board of Water Resources - Division of Water Resources › Section 16 - State water plan -- Payment for special studies and investigations.

73-10-16.
State water plan -- Payment for special studies and investigations.
Special studies or investigations needed for development of a water plan which might be requested of other agencies, but not included in the budgets or the work programs of such agencies, may be paid for from funds hereby appropriated for the formulation of a state water plan.
Enacted by Chapter 178, 1963 General Session
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 10 - Board of Water Resources - Division of Water Resources › Section 17 - State water plan -- Authority of other agencies not impaired.

73-10-17.
State water plan -- Authority of other agencies not impaired.
Nothing contained herein shall be construed to impair or otherwise interfere with the authority heretofore granted to other agencies, institutions or subdivisions of the state of Utah.
Enacted by Chapter 178, 1963 General Session
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 10 - Board of Water Resources - Division of Water Resources › Section 18 - Division of Water Resources -- Creation -- Power and authority.

Effective 5/3/2023
73-10-18.
Division of Water Resources -- Creation -- Power and authority.
(1) There is created the Division of Water Resources, which shall be within the Department of Natural Resources under the administration and general supervision of the executive director of the Department of Natural Resources and under the policy direction of the Board of Water Resources.
(2) Except for the waters of the Colorado River system that are governed by Title 63M, Chapter 14, Colorado River Authority of Utah Act, or state representation under the Bear River Compact or Columbia Interstate Compact, the Division of Water Resources shall:
(a) be the water resource authority for the state; and
(b) assume all of the functions, powers, duties, rights, and responsibilities of the Utah water and power board except those which are delegated to the board by this act and is vested with such other functions, powers, duties, rights and responsibilities as provided in this act and other law.
Amended by Chapter 140, 2023 General Session
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 10 - Board of Water Resources - Division of Water Resources › Section 19 - Director's power and authority.

Effective 5/10/2016
73-10-19.
Director's power and authority.
The director shall:
(1) be the executive and administrative head of the Division of Water Resources;
(2) be selected with special reference to training, experience, and interest in the field of water conservation and development;
(3) administer the Division of Water Resources;
(4) succeed to all of the powers and duties conferred upon the executive secretary of the Utah water and power board pursuant to Title 73, Chapter 10, Board of Water Resources - Division of Water Resources; and
(5) have the power, within rules established by the Board of Water Resources, to:
(a) make studies, investigations, and plans for the full development and utilization and promotion of the water and power resources of the state, including preliminary surveys, stream gauging, examinations, tests, and other estimates either separately or in consultation with federal, state, and other agencies;
(b) initiate and conduct water resource investigations, surveys and studies, prepare plans and estimates, make reports thereon, and perform necessary work to develop an over-all state water plan;
(c) file applications in the name of the division for the appropriation of water;
(d) take all action necessary to acquire or perfect water rights for projects sponsored by the board; and
(e) accept, execute, and deliver deeds and all other conveyances.
Amended by Chapter 58, 2016 General Session
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 10 - Board of Water Resources - Division of Water Resources › Section 20 - Loans for water systems -- Legislative declaration -- Authority of Division of Water Resources to audit water data.

Effective 5/10/2016
73-10-20.
Loans for water systems -- Legislative declaration -- Authority of Division of Water Resources to audit water data.
The Legislature recognizes and declares that:
(1) the development, protection, and maintenance of adequate and safe water supplies for human consumption is vital to public health, safety, and welfare;
(2) there exists within the state a need to assist cities, towns, improvement districts, and special service districts in providing an adequate and safe water supply for those users from municipal and district systems; and
(3) the acquisition or construction of systems and the improvement and extension of existing systems, based on proper planning and sound engineering, will not only provide safer water supplies, but will also serve to ensure that the water resources of the state are used in an efficient manner and will avoid wasteful practices.
Amended by Chapter 58, 2016 General Session
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 10 - Board of Water Resources - Division of Water Resources › Section 21 - Loans for water systems -- Eligible projects.

Effective 2/27/2023
73-10-21.
Loans for water systems -- Eligible projects.
This chapter shall apply to all eligible projects of incorporated cities and towns, special districts under Title 17B, Limited Purpose Local Government Entities - Special Districts, assessment areas under Title 11, Chapter 42, Assessment Area Act, and special service districts under Title 17D, Chapter 1, Special Service District Act. Eligible projects are those for the acquisition, improvement, or construction of water systems used for the production, supply, transmission, storage, distribution, or treatment of water for cities, towns, metropolitan water districts, water conservancy districts, improvement districts, special improvement districts, or special service districts, or the improvement or extension of such systems.
Amended by Chapter 16, 2023 General Session
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 10 - Board of Water Resources - Division of Water Resources › Section 22 - Water Resources Cities Water Loan Fund -- Annual appropriation -- Interest.

73-10-22.
Water Resources Cities Water Loan Fund -- Annual appropriation -- Interest.
(1) Beginning with the fiscal year ending June 30, 1978, the Legislature shall provide an annual appropriation from the General Fund from liquor control profits to the Board of Water Resources to make the loans provided for in Sections 73-10-20, 73-10-21, and 73-10-23. The money appropriated by the Legislature shall be deposited in a fund known as the Water Resources Cities Water Loan Fund.
(2) All money deposited into the Water Resources Cities Water Loan Fund shall be invested by the state treasurer with interest accruing to the Water Resources Cities Water Loan Fund.
Amended by Chapter 183, 1995 General Session
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 10 - Board of Water Resources - Division of Water Resources › Section 24 - Water Resources Conservation and Development Fund created.

73-10-24.
Water Resources Conservation and Development Fund created.
There is created a Water Resources Conservation and Development Fund to further enhance the state's ability to carry out the policy described in Section 73-10-1. The fund shall be administered by the Board of Water Resources. The fund is a revolving fund established for the construction, operation, and maintenance of projects considered by the board to be outside the scope of financing by the Water Resources Construction Fund, as created by Section 73-10-8, and shall include, but not be limited to, flood control projects.
Amended by Chapter 169, 1988 General Session
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 10 - Board of Water Resources - Division of Water Resources › Section 25 - Contents of fund -- Investment -- Contributions.

Effective 7/1/2023
73-10-25.
Contents of fund -- Investment -- Contributions.
(1) The Water Resources Conservation and Development Fund consists of:
(a) money appropriated to it by the Legislature;
(b) money received from the sale of project water and power, less operating and maintenance costs;
(c) annual payments on contracts for projects constructed under Section 73-10-24 or the State Water Conservation Program; and
(d) other money or tax revenues designated by the Legislature to be credited to the Water Resources Conservation and Development Fund.
(2) Money deposited into the Water Resources Conservation and Development Fund shall be invested by the state treasurer with interest accruing to the Water Resources Conservation and Development Fund, except for payments, if any, necessary to comply with Section 148(f), Internal Revenue Code of 1986.
(3) A contribution of money, property, or equipment may be received from a political subdivision of the state, federal agency, water users' association, or person for use in carrying out the purposes of Section 73-10-24.
(4) Notwithstanding Subsection (1), the division shall transfer a payment on a loan to the Water Infrastructure Restricted Account, created in Section 73-10g-103, if the loan:
(a) is issued from the Water Resources Conservation and Development Fund on or after July 1, 2023; and
(b) relates to a project described in Subsection 73-10g-104(4).
Amended by Chapter 261, 2023 General Session
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 10 - Board of Water Resources - Division of Water Resources › Section 25.1 - Credit enhancement and interest buy-down agreements.

73-10-25.1.
Credit enhancement and interest buy-down agreements.
(1) The Board of Water Resources may enter into credit enhancement agreements with political subdivisions containing terms and provisions that the board determines will reasonably improve the security for or marketability of water project obligations financed using the Water Resources Cities Water Loan Fund created in Section 73-10-22 or the Water Resources Conservation and Development Fund created in Section 73-10-24. Credit enhancement agreements may include provisions for loans to political subdivisions to pay the costs of obtaining letters of credit or other forms of insurance or security to provide security for water project obligations.
(2) The Board of Water Resources may make loans or grants from the Water Resources Cities Water Loan Fund or the Water Resources Conservation and Development Fund to political subdivisions for interest buy-down agreements for water development projects.
Amended by Chapter 199, 1996 General Session
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 10 - Board of Water Resources - Division of Water Resources › Section 28 - Charges for use -- Interest.

73-10-28.
Charges for use -- Interest.
(1) As used in this section, "board" means the Board of Water Resources created in Section 73-10-1.5.
(2) The board shall establish:
(a) a charge for the use of water, power, or a facility based on:
(i) a contractual agreement approved by the board for a project owned by the state; and
(ii) the ability of an individual project to return the investment to the state; and
(b) an interest rate for the money the board lends to finance a project based on:
(i) market conditions;
(ii) the repayment ability of the project; and
(iii) other factors considered relevant by the board.
Amended by Chapter 267, 2008 General Session
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 10 - Board of Water Resources - Division of Water Resources › Section 29 - Additional amounts allocated -- Repayment.

73-10-29.
Additional amounts allocated -- Repayment.
The board, in addition to the amount allocated to a project to cover the actual cost of construction, may allocate to the project constructed by it, under contract or otherwise, such amounts as may be determined by it for investigating, engineering, inspection, and other expenses, and may provide for the repayment of the same out of the first money repayable from the project under the contract for its construction, and such money so repaid shall be accounted for within the Water Resources Construction Fund, to be used by the board for the purpose of making investigations for the development of the water resources of the state.
Amended by Chapter 169, 1988 General Session
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 10 - Board of Water Resources - Division of Water Resources › Section 30 - Construction in conjunction with Water Resources Construction Fund -- Supplemental financing.

73-10-30.
Construction in conjunction with Water Resources Construction Fund -- Supplemental financing.
(1) Projects authorized under this chapter may be constructed in participation with money from the Water Resources Construction Fund when authorized by the board.
(2) Projects specified by the Legislature to be financed by general obligation bonds of the state may receive supplemental financing from the Water Resources Conservation and Development Fund when needed and money is available.
Amended by Chapter 342, 2011 General Session
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 10 - Board of Water Resources - Division of Water Resources › Section 31 - Allocation of funds for credit enhancement and interest buy-down agreements.

73-10-31.
Allocation of funds for credit enhancement and interest buy-down agreements.
(1) Of the combined expenditures from the Water Resources Cities Water Loan Fund and Water Resources Conservation and Development Fund authorized by the Board of Water Resources each year, at least 10% shall be allocated for credit enhancement and interest buy-down agreements.
(2) The requirement specified in Subsection (1) shall apply only so long as sales and use tax is transferred to the Water Resources Conservation and Development Fund as provided in Section 59-12-103.
Enacted by Chapter 199, 1996 General Session
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 10 - Board of Water Resources - Division of Water Resources › Section 32.5 - Culinary water pricing structure.

Effective 5/4/2022
73-10-32.5.
Culinary water pricing structure.
(1) As used in this section, "retail water supplier" means the same as that term is defined in Section 19-4-102.
(2) A retail water supplier shall:
(a) establish a culinary water rate structure that:
(i) incorporates increasing block units of water used; and
(ii) provides for an increase in the rate charged for additional block units of water used as usage increases from one block unit to the next;
(b) provide in customer billing notices, or in a notice that is distributed to customers at least annually, block unit rates and the customer's billing cycle; and
(c) include individual customer water usage in customer billing notices.
Amended by Chapter 90, 2022 General Session
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 10 - Board of Water Resources - Division of Water Resources › Section 35 - Division of Water Resources to conduct certain study.

Effective 5/12/2020
73-10-35.
Division of Water Resources to conduct certain study.
(1) As used in this section:
(a) "2002 Study" means the Green River Pipeline Cost Analysis prepared by the Division of Water Resources in 2002, including the addendum.
(b) "Division" means the Division of Water Resources.
(2) The division shall update the 2002 Study to provide current cost estimates.
(3) The division shall present the update required by Subsection (2) to the Natural Resources, Agriculture, and Environment Interim Committee by no later than the 2020 November interim meeting of the Natural Resources, Agriculture, and Environment Interim Committee.
Enacted by Chapter 204, 2020 General Session
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 10 - Board of Water Resources - Division of Water Resources › Section 36 - Division to provide technical assistance in local government planning.

Effective 5/3/2023
73-10-36.
Division to provide technical assistance in local government planning.
(1) As used in this section:
(a) "Division" means the Division of Water Resources.
(b) "General plan":
(i) for a municipality, means the same as that term is defined in Section 10-9a-103; and
(ii) for a county, means the same as that term is defined in Section 17-27a-103.
(c) "Local government" means a county or a municipality, as defined in Section 10-1-104.
(d) "Watershed council" means a council created under Chapter 10g, Part 3, Watershed Councils Act.
(2) The division shall provide technical assistance to a local government to support the local government's adoption of a water use and preservation element in a general plan.
(3) When consulted by a local government for information and technical resources regarding regional water conservation goals under Subsection 10-9a-403(2)(f)(vi) or 17-27a-403(2)(f)(ii), the division may seek input from the appropriate watershed council or councils.
Amended by Chapter 238, 2023 General Session
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 10 - Board of Water Resources - Division of Water Resources › Section 38 - Per capita consumptive use.

Effective 5/3/2023
73-10-38.
Per capita consumptive use.
The Division of Water Resources shall comply with Section 73-5-8.5.
Enacted by Chapter 248, 2023 General Session
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 10c - Water Development Coordinating Council › Section 1 - Legislative findings.

73-10c-1.
Legislative findings.
The Legislature finds that the conservation, development, treatment, restoration, and protection of the waters of this arid state are a state purpose and a matter of statewide concern. The needs and requirements associated with conserving, developing, treating, restoring, and protecting the waters of this state are of such magnitude and complexity that they justify state participation and assistance. The federal Safe Drinking Water Act, 42 United States Code Annotated Secs. 300f et seq. (federal drinking water act) establishes a national policy to ensure delivery of safe drinking water to the public, establishes maximum pollution levels, monitoring and reporting requirements and provides penalties, including the assessment of fines, for political subdivisions that violate the act. The Federal Water Pollution Control Act, Title 33, Chapter 26, United States Code (federal water pollution control act), establishes a national policy and program for the restoration, preservation, and protection of the nation's waters. The political subdivisions of this state are prohibited by the federal water pollution control act from polluting the navigable waters of the United States and are subject to various penalties, including the assessment of fines, for failing to meet the minimum standards of the federal water pollution control act. Pursuant to the requirements of the federal pollution control act, the state has established water quality standards and effluent limitations with respect to the waters of this state. These standards and limitations have been adopted by the United States Environmental Protection Agency for the purpose of issuing permits for wastewater projects and the state must certify compliance with these standards and limitations in order for the federal permit to be obtained. Under the federal water pollution control act, the state and its political subdivisions may receive grants, subject to the availability of funds, to meet the requirements of the federal water pollution control act if the state or its political subdivisions make contributions to the nonfederal share of construction costs of treatment works. It is desirable that the state assist in providing financing mechanisms to aid political subdivisions in securing needed water treatment and transporting water and in the acquisition and construction of drinking water projects and wastewater projects in order to accomplish the foregoing purposes, to protect the public health and welfare, to meet the anticipated growth in the state and to encourage development of the state's resources.
Enacted by Chapter 354, 1983 General Session
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 10c - Water Development Coordinating Council › Section 3 - Water Development Coordinating Council created -- Purpose -- Members.

Effective 5/3/2023
73-10c-3.
Water Development Coordinating Council created -- Purpose -- Members.
(1)
(a) There is created within the Department of Natural Resources a Water Development Coordinating Council. The council is comprised of:
(i) the director of the Division of Water Resources;
(ii) the executive secretary of the Water Quality Board;
(iii) the executive secretary of the Drinking Water Board;
(iv) the director of the Housing and Community Development Division or the director's designee;
(v) the state treasurer or the state treasurer's designee; and
(vi) the commissioner of the Department of Agriculture and Food, or the commissioner's designee.
(b) The council shall choose a chair and vice chair from among the council's own members.
(c) A member may not receive compensation or benefits for the member's service, but may receive per diem and travel expenses in accordance with:
(i) Section 63A-3-106;
(ii) Section 63A-3-107; and
(iii) rules made by the Division of Finance pursuant to Sections 63A-3-106 and 63A-3-107.
(2) The purposes of the council are to:
(a) coordinate the use and application of the funds available to the state to give financial assistance to political subdivisions of this state so as to promote the conservation, development, treatment, restoration, and protection of the waters of this state;
(b) promote the coordination of the financial assistance programs administered by the state and the use of the financing alternative most economically advantageous to the state and its political subdivisions;
(c) promote the consideration by the Board of Water Resources, Drinking Water Board, and Water Quality Board of regional solutions to the water and wastewater needs of individual political subdivisions of this state;
(d) assess the adequacy and needs of the state and its political subdivisions with respect to water-related infrastructures and advise the governor and the Legislature on those funding needs; and
(e) conduct reviews and reports on water-related infrastructure issues as directed by statute.
Amended by Chapter 238, 2023 General Session
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 10c - Water Development Coordinating Council › Section 4.2 - Drinking water projects -- Loan criteria and requirements -- Process for approval.

73-10c-4.2.
Drinking water projects -- Loan criteria and requirements -- Process for approval.
(1) The Drinking Water Board shall review the plans and specifications for a drinking water project before approval of any loan and may condition approval on the availability of loan funds and on the assurances that the Drinking Water Board considers necessary to ensure that loan funds are used to pay the drinking water project costs and that the drinking water project is completed.
(2)
(a) Each loan shall specify the terms for repayment, with the term, interest rate or rates, including a variable rate, and security as determined by the Drinking Water Board.
(b) The loan may be evidenced by general obligation or revenue bonds or other obligations of the political subdivision.
(c) Loan payments made by a political subdivision shall be deposited in the Drinking Water Security Subaccount as described in Section 73-10c-5.
(d) The loans are subject to the provisions of Title 63B, Chapter 1b, State Financing Consolidation Act.
(3) In determining the priority for a drinking water project loan, the Drinking Water Board shall consider:
(a) the ability of the political subdivision to obtain money for the drinking water project from other sources or to finance such project from its own resources;
(b) the ability of the political subdivision to repay the loan;
(c) whether or not a good faith effort to secure all or part of the services needed from the private sector of the economy has been made; and
(d) whether or not the drinking water project:
(i) meets a critical local or state need;
(ii) is cost effective;
(iii) will protect against present or potential health hazards;
(iv) is needed to comply with minimum standards of the federal Safe Drinking Water Act, or any similar or successor statute;
(v) is needed to comply with the minimum standards of Title 19, Chapter 4, Safe Drinking Water Act, or any similar or successor statute; and
(vi) meets any other consideration considered necessary by the Drinking Water Board.
(4) In determining the cost effectiveness of a drinking water project the Drinking Water Board shall:
(a) require the preparation of a cost-effective analysis of feasible drinking water projects;
(b) consider monetary costs, including the present worth or equivalent annual value of all capital costs and operation, maintenance, and replacement cost; and
(c) ensure that the alternative selected is the most economical means of meeting applicable water quality or public health requirements over the useful life of the facility while recognizing environmental and other nonmonetary considerations.
(5) A loan may not be made for a drinking water project that is not in the public interest as determined by the Drinking Water Board.
Amended by Chapter 382, 2008 General Session
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 10c - Water Development Coordinating Council › Section 4.5 - Nonpoint source project loans and grants -- Project objectives -- Water Quality Board duties.

73-10c-4.5.
Nonpoint source project loans and grants -- Project objectives -- Water Quality Board duties.
(1) The Water Quality Board may make a loan from the Utah Wastewater Loan Program Subaccount created in Subsection 73-10c-5(2)(a) or from the Utah State Revolving Fund for Wastewater Projects Subaccount created in Subsection 73-10c-5(2)(b) or a grant from the Hardship Grant Program for Wastewater Projects Subaccount created in Subsection 73-10c-5(2)(c) to a political subdivision, individual, corporation, association, state or federal agency, or other private entity to acquire, construct, or implement a nonpoint source project.
(2) The Water Quality Board may only award a loan or grant for a nonpoint source project that will achieve one or more of the following objectives:
(a) abate or reduce raw sewage discharges;
(b) repair or replace failing individual on-site wastewater disposal systems;
(c) abate or reduce untreated or uncontrolled runoff;
(d) improve critical aquatic habitat resources;
(e) conserve soil, water, or other natural resources;
(f) protect and improve ground water quality;
(g) preserve and protect the beneficial uses of waters of the state;
(h) reduce the number of water bodies not achieving water quality standards;
(i) improve watershed management; or
(j) prepare and implement total maximum daily load (TMDL) assessments.
(3) The Water Quality Board shall:
(a) determine the amount, term, and interest rate for each loan made under this section;
(b) assure that adequate security is obtained for each loan;
(c) establish criteria and procedures for determining priority nonpoint source projects and award loans in accordance with those priorities; and
(d) make rules to implement this section in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
Amended by Chapter 382, 2008 General Session
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 10c - Water Development Coordinating Council › Section 7 - Use of deposits in security fund.

73-10c-7.
Use of deposits in security fund.
All money and investments on deposit in the security fund shall be held for the purposes for which the security fund is established, as provided in this chapter, and may not be used for any other purpose.
Amended by Chapter 175, 2001 General Session
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 10c - Water Development Coordinating Council › Section 8 - Rules.

73-10c-8.
Rules.
The board shall make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, as necessary to administer this chapter, including the application by political subdivisions for the securing of their drinking water or wastewater project obligations, the approval of obligations to be secured, the verification of notices with respect to inabilities of political subdivisions to pay principal and interest, and the credit enhancement agreements with political subdivisions setting forth the terms and conditions under which obligations may be secured under this chapter.
Amended by Chapter 382, 2008 General Session
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 10c - Water Development Coordinating Council › Section 9 - Investments of money in security fund.

73-10c-9.
Investments of money in security fund.
(1) Unless otherwise required to preserve the exemption of any obligations of the state from federal taxation, the state treasurer shall invest the money in the security fund by following the procedures and requirements of Title 51, Chapter 7, State Money Management Act.
(2) If necessary to preserve the exemption of any obligations of the state from federal taxation, the board may make investments in any manner necessary to preserve this exemption.
Amended by Chapter 175, 2001 General Session
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 10c - Water Development Coordinating Council › Section 10 - Origination fee.

73-10c-10.
Origination fee.
(1) The Drinking Water Board and the Water Quality Board may establish an origination fee for a loan to fund the administration of the programs created by this chapter by following the procedures and requirements of Section 63J-1-504.
(2) The Drinking Water Board may establish an origination fee for a federally funded loan to fund the administration of programs allowed by 42 U.S.C. Sec. 300j-12, and regulations created thereunder, by following the procedures and requirements of Section 63J-1-504.
(3) An origination fee established in accordance with this section shall be part of the department fee schedule established under Section 19-1-201.
(4) Notwithstanding the requirements of Section 63J-1-504, the board shall deposit a fee paid in accordance with this section in the origination fee subaccount created in Section 73-10c-5 and use the fee to administer this chapter.
(5) The loan recipient may pay the origination fee from the loan proceeds.
Amended by Chapter 104, 2011 General Session
2023 Utah Code › Title 73 - Water and Irrigation › Chapter 10c - Water Development Coordinating Council › Section 11 - Actions related to coordination of growth and conservation planning.

Effective 5/3/2023
73-10c-11.
Actions related to coordination of growth and conservation planning.
(1)
(a) The council shall identify how different agencies may work together to assist the following in coordinating growth and conservation planning related to water:
(i) municipalities, as defined in Section 10-1-104;
(ii) counties;
(iii) water conservancy districts, as defined in Section 17B-1-102; and
(iv) public water systems, as defined in Section 19-4-102.
(b) To comply with Subsection (1)(a), the council shall consider Sections 10-9a-403, 17-27a-403, 19-4-114, and 73-10-32.
(2) The council shall identify incentives that are most effective to help the entities described in Subsection (1) to, where feasible:
(a) develop and implement conservation plans; and
(b) regionalize water systems.
Enacted by Chapter 238, 2023 General Session