2023 Utah Code › Title 73 - Water and Irrigation › Chapter 5 - Administration and Distribution › Section 8.5 - Per capita consumptive use.

Effective 5/3/2023
73-5-8.5.
Per capita consumptive use.
(1) As used in this section:
(a) "Community water system" means a public water system that serves residents year-round.
(b)
(i) "Metered secondary water" means secondary water metered by a secondary water supplier either at the supply side when introduced into the secondary water supplier's distribution system or metered at the meter of the end user.
(ii) "Metered secondary water" does not include:
(A) water lost in the secondary water supplier's system before being delivered to an end user; or
(B) water delivered to an end user who is not a commercial, industrial, institutional, or residential user.
(c) "Per capita consumptive use" means a valid representation of total water consumed divided by the total population for a given area.
(d) "Publicly owned treatment works" means a facility for the treatment of pollutants owned by the state, the state's political subdivisions, or other public entity.
(e) "Reporting district" means a water conservancy district that serves wholesale water to a retail water supplier located in whole or in part in a county of the first or second class.
(f) "Retail water supplier" means a person that:
(i) supplies water for human consumption and other domestic uses to an end user; and
(ii) has more than 500 service connections.
(g) "Secondary water" means the same as that term is defined in Section 73-10-34.
(h) "Secondary water supplier" means the same as that term is defined in Section 73-10-34.
(i) "Total population" means the permanent population of a given area subject to a population adjustment described in Subsection (5).
(j) "Total water consumed" means total water supplied to commercial, industrial, institutional, and residential users in a given area minus return flow.
(k) "Total water supplied" means the total amount of water delivered to commercial, industrial, institutional, and residential users in a given area as metered secondary water or metered drinking water.
(l) "Water conservancy district" means an entity formed under Title 17B, Chapter 2a, Part 10, Water Conservancy District Act.
(2) State agencies and political subdivisions shall use per capita consumptive use for reporting municipal and industrial water use in counties of the first and second class to provide another method to:
(a) track progress in water conservation; and
(b) ensure efficient public water supply management.
(3)
(a) The Division of Water Resources shall designate the reporting district that shall calculate the per capita consumptive use for each county of the first or second class, except that the Division of Water Resources may only require a reporting district calculate the per capita consumptive use for a county in which the reporting district provides wholesale water to a retail water supplier.
(b) Beginning with a calculation of per capita consumptive use for calendar year 2023, a reporting district shall annually provide the Division of Water Rights a calculation of per capita consumptive use for the one or more counties designated under Subsection (3)(a).
(4) In determining per capita consumptive use, a reporting district:
(a) shall use reliable and timely information about water used for municipal and industrial purposes, including water used in commercial, industrial, institutional, and residential settings; and
(b) may not be required:
(i) to use the same methodology as another reporting district; or
(ii) to adopt or follow the definition of "water being conserved" that is adopted under Section 73-10-32.
(5) In determining total population, a reporting district shall rely on the most recent census, a census estimate of the United States Bureau of the Census, or an estimate of the Utah Population Committee, together with an adjustment to population based on locally significant effects of a non-permanent population, including:
(a) transient but consistently recurring non-resident population associated with secondary residences or visitors; and
(b) daytime population changes.
(6) In determining return flow, a reporting district:
(a) shall obtain relevant data associated with discharges from publicly owned treatment works; and
(b) may include water flow returning to the natural environment from the use of drinking water, secondary water, or other water used for outdoor irrigation if the flow is capable of being measured or otherwise determined with a reasonable degree of certainty.
(7) In determining total water supplied, a reporting district shall:
(a) select the community water systems serving a population of 3,300 or more whose data the reporting district will use in preparing the report of per capita consumptive use;
(b) only rely on data that:
(i) is reliable; and
(ii) the reporting district is able to obtain for both metered drinking water and metered secondary water; and
(c) make reasonable efforts to ensure that the water use data relied upon in the reporting district's report is the same as the water use data reported by the community water systems to the Division of Water Rights under Section 73-5-8.
(8) A reporting district shall include in the reporting district's report of per capita consumptive use an explanation of how the reporting district determines:
(a) total water supplied;
(b) return flow; and
(c) total population.
(9) A reporting district shall annually file the reporting district's per capita consumptive use report with the Division of Water Rights on or before July 1.
(10)
(a) Except as provided in Subsection (10)(b), this section may not be construed to prohibit the Division of Water Resources from:
(i) adopting regional water conservation goals as described in Section 73-10-32; or
(ii) calculating, publishing, or disseminating diverted water use information or per capita consumptive use from community water systems in counties of the third, fourth, fifth, or sixth class.
(b) A state agency or a political subdivision of the state may not calculate, publish, or disseminate a:
(i) statewide per capita consumptive use number; or
(ii) per capita consumptive use number for a first class or second class county that is different from a number reported by a reporting district pursuant to this section.
(c) This section may not be construed to prohibit a retail water supplier from using or publishing the retail water supplier's own water consumptive use numbers for the efficient management of the retail water supplier's system.
Enacted by Chapter 248, 2023 General Session