United States — Utah Act or statute

United States — Utah legislation

Utah Code § 11-13-228, 2024

Water District Water Development Council. As used in this section: "Council" means the Water District Water Development Council created pursuant to this section. "Division" means the Division of Water Resources.…

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“Water District Water Development Council. As used in this section: "Council" means the Water District Water Development Council created pursuant to this section. "Division" means the Division of Water Resources. "Generational" means”

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Water District Water Development Council.

Water District Water Development Council. As used in this section: "Council" means the Water District Water Development Council created pursuant to this section. "Division" means the Division of Water Resources. "Generational" means

Section 11-13-228

Subsection 11-13-228(2)

The four largest water conservancy districts must join with each other and the division to create the Water District Water Development Council. Council members cannot be paid for service on the council.

Section 11-13-228(2)

Subsection 11-13-228(5)

A water conservancy district’s ability to contract is not restricted by this section.

Section 11-13-228(5)

04

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Source record from le.utah.gov · Enacted 2024

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Showing 45 of 45 provisions

Provision 45

Part 11-13-2

part 11-13-2 Public Agencies' Joint Exercise of Powers

§ 11-13-228Water District Water Development Council.Provision

Water District Water Development Council. As used in this section: "Council" means the Water District Water Development Council created pursuant to this section. "Division" means the Division of Water Resources. "Generational" means

Water District Water Development Council. As used in this section: "Council" means the Water District Water Development Council created pursuant to this section. "Division" means the Division of Water Resources. "Generational" means sufficient to meet anticipated demand for 50 to 75 years. "Generational water infrastructure" means physical facilities or other physical assets designed to meet generational demands for water. "State or local entity" means: a department, division, commission, agency, or other instrumentality of state government; or a political subdivision or the political subdivision's instrumentalities. "Water agent" means the Utah water agent appointed by the governor under Section 73-10g-702 . "Water conservancy district" means an entity formed under Title 17B, Chapter 2a, Part 10, Water Conservancy District Act. Subject to this part, the four largest water conservancy districts in the state based on operating budgets shall enter into an agreement with one another and the division to form the Water District Water Development Council as a joint administrator of a joint or cooperative undertaking. The members of the council shall consist of: the general manager or the general manager's designee for each of the water conservancy districts described in Subsection (2)(a) ; and the director of the division, who will represent the needs of the portions of the state that are not served by the water conservancy districts in the agreement. A member of the council may not receive compensation, per diem, or expenses for service on the council. The council shall appoint a director to manage operations of the council. The council shall set the salary for the director and the director serves at the pleasure of the council. The council shall establish and maintain office space and staff for the council and the water agent. The water conservancy districts that enter into the agreement shall pay the costs of the office space and staff that are directly related to the activities of the council, including staff from a water conservancy district that is assigned to work with the council, except that, to the extent appropriated by the Legislature, the state shall pay the costs of the water agent and costs for non-district staff hired to solely work for the council or water agent. The council may not own or operate water infrastructure, but may advise a water conservancy district that enters into the agreement about the development of generational water infrastructure by a water conservancy district. For the generational water needs of the citizens of Utah and within the authorities given to the water conservancy districts represented on the council in Title 17B, Chapter 2a, Part 10, Water Conservancy District Act, the council shall jointly plan for generational water infrastructure and advance the responsible development of water within the jurisdiction of the water conservancy districts represented on the council to address water users' generational need for adequate and reliable water supplies, including: assessing generational water needs based on population growth and economic development; identifying possible sources to meet the generational water needs; exploring physical interconnections and joint operations of generational water infrastructure that exist as of May 1, 2024, and into the future; assessing water conservation as a component of generational water supplies and environmental conservation efforts; scoping solutions to determine the most viable pathways for meeting generational water needs; collecting and analyzing data necessary to make informed decisions regarding generational water needs; coordinating with other water suppliers within the state as needed; making recommendations to the Legislature regarding projects, funding, and policy changes to provide for generational water needs; and annually reporting findings and recommendations, by no later than October 1, to: the governor; the president of the Senate; the speaker of the House of Representatives; the Legislative Water Development Commission created by Section 73-27-102 ; the Natural Resources, Agriculture, and Environment Interim Committee; and the Water Development Coordinating Council created by Sections 79-2-201 and 73-10c-3 . The council shall coordinate with the division regarding the need for generational water infrastructure and how to meet that need and, as part of this coordination the council shall assist the division in the division's development of a state water plan under Section 73-10-15 . The council shall receive input from and coordinate with the water agent. The council may not levy, assess, or collect ad valorem property taxes or issue bonds. The council shall adopt policies for procurement that enable the council to efficiently fulfill the council's responsibilities under the agreement. The council is advisory and may not establish policy for the state. The council does not control money used to fund water infrastructure. Subject to Title 63G, Chapter 2, Government Records Access and Management Act, upon request of the council, a state or local entity shall provide to the water agent a document, report, or information available within the state or local entity. Nothing in this section restricts the ability of a water conservancy district to contract under Subsection 17B-2a-1004(2) .
Section 11-13-228Verify source
§ 11-13-228(1)Subsection 11-13-228(1)Provision

This subsection defines several terms used in the section.

As used in this section: "Council" means the Water District Water Development Council created pursuant to this section. "Division" means the Division of Water Resources. "Generational" means sufficient to meet anticipated demand for 50 to 75 years. "Generational water infrastructure" means physical facilities or other physical assets designed to meet generational demands for water. "State or local entity" means: a department, division, commission, agency, or other instrumentality of state government; or a political subdivision or the political subdivision's instrumentalities. "Water agent" means the Utah water agent appointed by the governor under Section 73-10g-702 . "Water conservancy district" means an entity formed under Title 17B, Chapter 2a, Part 10, Water Conservancy District Act.
Section 11-13-228(1)Verify source
§ 11-13-228(1)(a)Subsection 11-13-228(1)(a)Provision

“Council” means the Water District Water Development Council created under this section.

"Council" means the Water District Water Development Council created pursuant to this section.
Section 11-13-228(1)(a)Verify source
§ 11-13-228(1)(b)Subsection 11-13-228(1)(b)Provision

“Division” means the Division of Water Resources.

"Division" means the Division of Water Resources.
Section 11-13-228(1)(b)Verify source
§ 11-13-228(1)(c)Subsection 11-13-228(1)(c)Provision

"Generational" means sufficient to meet anticipated demand for 50 to 75 years.

"Generational" means sufficient to meet anticipated demand for 50 to 75 years.
Section 11-13-228(1)(c)Verify source
§ 11-13-228(1)(d)Subsection 11-13-228(1)(d)Provision

“Generational water infrastructure” means physical facilities or other physical assets designed to meet generational demands for water.

"Generational water infrastructure" means physical facilities or other physical assets designed to meet generational demands for water.
Section 11-13-228(1)(d)Verify source
§ 11-13-228(1)(e)Subsection 11-13-228(1)(e)Provision

“State or local entity” means certain state government bodies or a political subdivision and its instrumentalities.

"State or local entity" means: a department, division, commission, agency, or other instrumentality of state government; or a political subdivision or the political subdivision's instrumentalities.
Section 11-13-228(1)(e)Verify source
§ 11-13-228(1)(e)(i)Subsection 11-13-228(1)(e)(i)Provision

This text identifies a state-government body: a department, division, commission, agency, or other instrumentality.

a department, division, commission, agency, or other instrumentality of state government; or
Section 11-13-228(1)(e)(i)Verify source
§ 11-13-228(1)(e)(ii)Subsection 11-13-228(1)(e)(ii)Provision

Applies to a political subdivision or the subdivision’s instrumentalities.

a political subdivision or the political subdivision's instrumentalities.
Section 11-13-228(1)(e)(ii)Verify source
§ 11-13-228(1)(f)Subsection 11-13-228(1)(f)Provision

“Water agent” means the Utah water agent appointed by the governor under Section 73-10g-702.

"Water agent" means the Utah water agent appointed by the governor under Section 73-10g-702 .
Section 11-13-228(1)(f)Verify source
§ 11-13-228(1)(g)Subsection 11-13-228(1)(g)Provision

"Water conservancy district" means an entity formed under Title 17B, Chapter 2a, Part 10, Water Conservancy District Act.

"Water conservancy district" means an entity formed under Title 17B, Chapter 2a, Part 10, Water Conservancy District Act.
Section 11-13-228(1)(g)Verify source
§ 11-13-228(2)Subsection 11-13-228(2)Provision

The four largest water conservancy districts must join with each other and the division to create the Water District Water Development Council. Council members cannot be paid for service on the council.

Subject to this part, the four largest water conservancy districts in the state based on operating budgets shall enter into an agreement with one another and the division to form the Water District Water Development Council as a joint administrator of a joint or cooperative undertaking. The members of the council shall consist of: the general manager or the general manager's designee for each of the water conservancy districts described in Subsection (2)(a) ; and the director of the division, who will represent the needs of the portions of the state that are not served by the water conservancy districts in the agreement. A member of the council may not receive compensation, per diem, or expenses for service on the council. The council shall appoint a director to manage operations of the council. The council shall set the salary for the director and the director serves at the pleasure of the council. The council shall establish and maintain office space and staff for the council and the water agent. The water conservancy districts that enter into the agreement shall pay the costs of the office space and staff that are directly related to the activities of the council, including staff from a water conservancy district that is assigned to work with the council, except that, to the extent appropriated by the Legislature, the state shall pay the costs of the water agent and costs for non-district staff hired to solely work for the council or water agent.
Section 11-13-228(2)Verify source
§ 11-13-228(2)(a)Subsection 11-13-228(2)(a)Provision

The four largest water conservancy districts in the state, based on operating budgets, must enter into an agreement with each other and the division to form the Water District Water Development Council.

Subject to this part, the four largest water conservancy districts in the state based on operating budgets shall enter into an agreement with one another and the division to form the Water District Water Development Council as a joint administrator of a joint or cooperative undertaking.
Section 11-13-228(2)(a)Verify source
§ 11-13-228(2)(b)Subsection 11-13-228(2)(b)Provision

The council consists of specified district representatives and the director of the division.

The members of the council shall consist of: the general manager or the general manager's designee for each of the water conservancy districts described in Subsection (2)(a) ; and the director of the division, who will represent the needs of the portions of the state that are not served by the water conservancy districts in the agreement.
Section 11-13-228(2)(b)Verify source
§ 11-13-228(2)(b)(i)Subsection 11-13-228(2)(b)(i)Provision

This phrase identifies the general manager or that manager’s designee for each water conservancy district described in Subsection (2)(a).

the general manager or the general manager's designee for each of the water conservancy districts described in Subsection (2)(a) ; and
Section 11-13-228(2)(b)(i)Verify source
§ 11-13-228(2)(b)(ii)Subsection 11-13-228(2)(b)(ii)Provision

The director of the division must represent the needs of portions of the state not served by the water conservancy districts in the agreement.

the director of the division, who will represent the needs of the portions of the state that are not served by the water conservancy districts in the agreement.
Section 11-13-228(2)(b)(ii)Verify source
§ 11-13-228(2)(c)Subsection 11-13-228(2)(c)Provision

A council member may not receive compensation, per diem, or expenses for service on the council.

A member of the council may not receive compensation, per diem, or expenses for service on the council.
Section 11-13-228(2)(c)Verify source
§ 11-13-228(2)(d)Subsection 11-13-228(2)(d)Provision

The council must appoint a director and set the director’s salary.

The council shall appoint a director to manage operations of the council. The council shall set the salary for the director and the director serves at the pleasure of the council.
Section 11-13-228(2)(d)Verify source
§ 11-13-228(2)(e)Subsection 11-13-228(2)(e)Provision

The council must provide office space and staff for itself and the water agent, and the water conservancy districts entering the agreement must pay related costs, subject to a Legislature-appropriated exception for the state.

The council shall establish and maintain office space and staff for the council and the water agent. The water conservancy districts that enter into the agreement shall pay the costs of the office space and staff that are directly related to the activities of the council, including staff from a water conservancy district that is assigned to work with the council, except that, to the extent appropriated by the Legislature, the state shall pay the costs of the water agent and costs for non-district staff hired to solely work for the council or water agent.
Section 11-13-228(2)(e)Verify source
§ 11-13-228(3)Subsection 11-13-228(3)Provision

The council may advise on generational water infrastructure, but it may not own or operate water infrastructure, levy or collect ad valorem property taxes, issue bonds, or establish state policy.

The council may not own or operate water infrastructure, but may advise a water conservancy district that enters into the agreement about the development of generational water infrastructure by a water conservancy district. For the generational water needs of the citizens of Utah and within the authorities given to the water conservancy districts represented on the council in Title 17B, Chapter 2a, Part 10, Water Conservancy District Act, the council shall jointly plan for generational water infrastructure and advance the responsible development of water within the jurisdiction of the water conservancy districts represented on the council to address water users' generational need for adequate and reliable water supplies, including: assessing generational water needs based on population growth and economic development; identifying possible sources to meet the generational water needs; exploring physical interconnections and joint operations of generational water infrastructure that exist as of May 1, 2024, and into the future; assessing water conservation as a component of generational water supplies and environmental conservation efforts; scoping solutions to determine the most viable pathways for meeting generational water needs; collecting and analyzing data necessary to make informed decisions regarding generational water needs; coordinating with other water suppliers within the state as needed; making recommendations to the Legislature regarding projects, funding, and policy changes to provide for generational water needs; and annually reporting findings and recommendations, by no later than October 1, to: the governor; the president of the Senate; the speaker of the House of Representatives; the Legislative Water Development Commission created by Section 73-27-102 ; the Natural Resources, Agriculture, and Environment Interim Committee; and the Water Development Coordinating Council created by Sections 79-2-201 and 73-10c-3 . The council shall coordinate with the division regarding the need for generational water infrastructure and how to meet that need and, as part of this coordination the council shall assist the division in the division's development of a state water plan under Section 73-10-15 . The council shall receive input from and coordinate with the water agent. The council may not levy, assess, or collect ad valorem property taxes or issue bonds. The council shall adopt policies for procurement that enable the council to efficiently fulfill the council's responsibilities under the agreement. The council is advisory and may not establish policy for the state. The council does not control money used to fund water infrastructure.
Section 11-13-228(3)Verify source
§ 11-13-228(3)(a)Subsection 11-13-228(3)(a)Provision

The council may not own or operate water infrastructure, but it may advise a water conservancy district if the district enters into the agreement.

The council may not own or operate water infrastructure, but may advise a water conservancy district that enters into the agreement about the development of generational water infrastructure by a water conservancy district.
Section 11-13-228(3)(a)Verify source
§ 11-13-228(3)(b)Subsection 11-13-228(3)(b)Provision

The council must plan for generational water infrastructure, develop water responsibly within its districts’ authority, and report findings and recommendations by October 1 each year.

For the generational water needs of the citizens of Utah and within the authorities given to the water conservancy districts represented on the council in Title 17B, Chapter 2a, Part 10, Water Conservancy District Act, the council shall jointly plan for generational water infrastructure and advance the responsible development of water within the jurisdiction of the water conservancy districts represented on the council to address water users' generational need for adequate and reliable water supplies, including: assessing generational water needs based on population growth and economic development; identifying possible sources to meet the generational water needs; exploring physical interconnections and joint operations of generational water infrastructure that exist as of May 1, 2024, and into the future; assessing water conservation as a component of generational water supplies and environmental conservation efforts; scoping solutions to determine the most viable pathways for meeting generational water needs; collecting and analyzing data necessary to make informed decisions regarding generational water needs; coordinating with other water suppliers within the state as needed; making recommendations to the Legislature regarding projects, funding, and policy changes to provide for generational water needs; and annually reporting findings and recommendations, by no later than October 1, to: the governor; the president of the Senate; the speaker of the House of Representatives; the Legislative Water Development Commission created by Section 73-27-102 ; the Natural Resources, Agriculture, and Environment Interim Committee; and the Water Development Coordinating Council created by Sections 79-2-201 and 73-10c-3 .
Section 11-13-228(3)(b)Verify source
§ 11-13-228(3)(b)(i)Subsection 11-13-228(3)(b)(i)Provision

assessing generational water needs based on population growth and economic development;

assessing generational water needs based on population growth and economic development;
Section 11-13-228(3)(b)(i)Verify source
§ 11-13-228(3)(b)(ii)Subsection 11-13-228(3)(b)(ii)Provision

identifying possible sources to meet the generational water needs;

identifying possible sources to meet the generational water needs;
Section 11-13-228(3)(b)(ii)Verify source
§ 11-13-228(3)(b)(iii)Subsection 11-13-228(3)(b)(iii)Provision

exploring physical interconnections and joint operations of generational water infrastructure that exist as of May 1, 2024, and into the future;

exploring physical interconnections and joint operations of generational water infrastructure that exist as of May 1, 2024, and into the future;
Section 11-13-228(3)(b)(iii)Verify source
§ 11-13-228(3)(b)(iv)Subsection 11-13-228(3)(b)(iv)Provision

assessing water conservation as a component of generational water supplies and environmental conservation efforts;

assessing water conservation as a component of generational water supplies and environmental conservation efforts;
Section 11-13-228(3)(b)(iv)Verify source
§ 11-13-228(3)(b)(v)Subsection 11-13-228(3)(b)(v)Provision

scoping solutions to determine the most viable pathways for meeting generational water needs;

scoping solutions to determine the most viable pathways for meeting generational water needs;
Section 11-13-228(3)(b)(v)Verify source
§ 11-13-228(3)(b)(vi)Subsection 11-13-228(3)(b)(vi)Provision

collecting and analyzing data necessary to make informed decisions regarding generational water needs;

collecting and analyzing data necessary to make informed decisions regarding generational water needs;
Section 11-13-228(3)(b)(vi)Verify source
§ 11-13-228(3)(b)(vii)Subsection 11-13-228(3)(b)(vii)Provision

coordinating with other water suppliers within the state as needed;

coordinating with other water suppliers within the state as needed;
Section 11-13-228(3)(b)(vii)Verify source
§ 11-13-228(3)(b)(viii)Subsection 11-13-228(3)(b)(viii)Provision

making recommendations to the Legislature regarding projects, funding, and policy changes to provide for generational water needs; and

making recommendations to the Legislature regarding projects, funding, and policy changes to provide for generational water needs; and
Section 11-13-228(3)(b)(viii)Verify source
§ 11-13-228(3)(b)(ix)Subsection 11-13-228(3)(b)(ix)Provision

An unspecified actor must annually report findings and recommendations by October 1.

annually reporting findings and recommendations, by no later than October 1, to: the governor; the president of the Senate; the speaker of the House of Representatives; the Legislative Water Development Commission created by Section 73-27-102 ; the Natural Resources, Agriculture, and Environment Interim Committee; and the Water Development Coordinating Council created by Sections 79-2-201 and 73-10c-3 .
Section 11-13-228(3)(b)(ix)Verify source
§ 11-13-228(3)(b)(ix)(A)Subsection 11-13-228(3)(b)(ix)(A)Provision

Refers to the governor.

the governor;
Section 11-13-228(3)(b)(ix)(A)Verify source
§ 11-13-228(3)(b)(ix)(B)Subsection 11-13-228(3)(b)(ix)(B)Provision

References the president of the Senate.

the president of the Senate;
Section 11-13-228(3)(b)(ix)(B)Verify source
§ 11-13-228(3)(b)(ix)(C)Subsection 11-13-228(3)(b)(ix)(C)Provision

Refers to the speaker of the House of Representatives.

the speaker of the House of Representatives;
Section 11-13-228(3)(b)(ix)(C)Verify source
§ 11-13-228(3)(b)(ix)(D)Subsection 11-13-228(3)(b)(ix)(D)Provision

References the Legislative Water Development Commission created by Section 73-27-102.

the Legislative Water Development Commission created by Section 73-27-102 ;
Section 11-13-228(3)(b)(ix)(D)Verify source
§ 11-13-228(3)(b)(ix)(E)Subsection 11-13-228(3)(b)(ix)(E)Provision

the Natural Resources, Agriculture, and Environment Interim Committee; and

the Natural Resources, Agriculture, and Environment Interim Committee; and
Section 11-13-228(3)(b)(ix)(E)Verify source
§ 11-13-228(3)(b)(ix)(F)Subsection 11-13-228(3)(b)(ix)(F)Provision

Refers to the Water Development Coordinating Council.

the Water Development Coordinating Council created by Sections 79-2-201 and 73-10c-3 .
Section 11-13-228(3)(b)(ix)(F)Verify source
§ 11-13-228(3)(c)Subsection 11-13-228(3)(c)Provision

The council must coordinate with the division about generational water infrastructure needs and help the division develop a state water plan.

The council shall coordinate with the division regarding the need for generational water infrastructure and how to meet that need and, as part of this coordination the council shall assist the division in the division's development of a state water plan under Section 73-10-15 .
Section 11-13-228(3)(c)Verify source
§ 11-13-228(3)(d)Subsection 11-13-228(3)(d)Provision

The council must receive input from and coordinate with the water agent.

The council shall receive input from and coordinate with the water agent.
Section 11-13-228(3)(d)Verify source
§ 11-13-228(3)(e)Subsection 11-13-228(3)(e)Provision

The council may not levy, assess, or collect ad valorem property taxes or issue bonds.

The council may not levy, assess, or collect ad valorem property taxes or issue bonds.
Section 11-13-228(3)(e)Verify source
§ 11-13-228(3)(f)Subsection 11-13-228(3)(f)Provision

The council must adopt procurement policies.

The council shall adopt policies for procurement that enable the council to efficiently fulfill the council's responsibilities under the agreement.
Section 11-13-228(3)(f)Verify source
§ 11-13-228(3)(g)Subsection 11-13-228(3)(g)Provision

The council is advisory and may not establish state policy.

The council is advisory and may not establish policy for the state.
Section 11-13-228(3)(g)Verify source
§ 11-13-228(3)(h)Subsection 11-13-228(3)(h)Provision

The council does not control money used to fund water infrastructure.

The council does not control money used to fund water infrastructure.
Section 11-13-228(3)(h)Verify source
§ 11-13-228(4)Subsection 11-13-228(4)Provision

A state or local entity must provide the water agent with requested documents, reports, or information available within that entity, subject to GRAMA.

Subject to Title 63G, Chapter 2, Government Records Access and Management Act, upon request of the council, a state or local entity shall provide to the water agent a document, report, or information available within the state or local entity.
Section 11-13-228(4)Verify source
§ 11-13-228(5)Subsection 11-13-228(5)Provision

A water conservancy district’s ability to contract is not restricted by this section.

Nothing in this section restricts the ability of a water conservancy district to contract under Subsection 17B-2a-1004(2) .
Section 11-13-228(5)Verify source

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