Enrolled Copy H.B. 166
1 WATERSHED COUNCILS
2 2020 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Timothy D. Hawkes
5 Senate Sponsor: Ralph Okerlund
6
7 LONG TITLE
8 General Description:
9 This bill addresses the creation of watershed councils.
10 Highlighted Provisions:
11 This bill:
12 < enacts the Watershed Council Act, including;
13 C addressing interpretation of the act;
14 C defining terms;
15 C outlining watersheds;
16 C providing for the creation of the Utah Watersheds Council;
17 C granting rulemaking authority to the Division of Water Resources;
18 C establishing the role of the Utah Watersheds Council;
19 C providing for the creation of local watershed councils;
20 C establishing the roles and governance of local watershed councils;
21 C outlining conditions applicable to all watershed councils; and
22 C providing for the review of the act; and
23 < makes technical and conforming amendments.
24 Money Appropriated in this Bill:
25 None
26 Other Special Clauses:
27 None
28 Utah Code Sections Affected:
29 AMENDS:
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30 79-2-201, as last amended by Laws of Utah 2017, Chapter 451
31 ENACTS:
32 73-10g-301, Utah Code Annotated 1953
33 73-10g-302, Utah Code Annotated 1953
34 73-10g-303, Utah Code Annotated 1953
35 73-10g-304, Utah Code Annotated 1953
36 73-10g-305, Utah Code Annotated 1953
37 73-10g-306, Utah Code Annotated 1953
38 73-10g-307, Utah Code Annotated 1953
39 73-10g-308, Utah Code Annotated 1953
40 73-10g-309, Utah Code Annotated 1953
41
42 Be it enacted by the Legislature of the state of Utah:
43 Section 1. Section 73-10g-301 is enacted to read:
44 Part 3. Watershed Councils Act
45 73-10g-301. Title -- Implementation of part.
46 (1) This part is known as the "Watershed Councils Act."
47 (2) This part shall be liberally construed to:
48 (a) develop diverse and balanced stakeholder forums for discussion of water policy and
49 resource issues at watershed and state levels that are not vested with regulatory, infrastructure
50 financing, or enforcement powers or responsibilities; and
51 (b) use local expertise and resources found in universities and other research
52 institutions or in regional, state, and federal agencies.
53 Section 2. Section 73-10g-302 is enacted to read:
54 73-10g-302. Definitions.
55 As used in this part:
56 (1) "Council" means the state council or a local council created under this part.
57 (2) "Local council" means a local watershed council created in accordance with Section
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58 73-10g-306.
59 (3) "State council" means the Utah Watersheds Council created in Section 73-10g-304.
60 (4) "Utah Water Task Force" means a task force created by the Department of Natural
61 Resources to review and make recommendations regarding water issues.
62 Section 3. Section 73-10g-303 is enacted to read:
63 73-10g-303. Watersheds.
64 For the purposes of this part, the state is divided into the following watersheds,
65 corresponding to those found on hydrologic basin maps maintained by the division:
66 (1) the Bear River Watershed, comprised of the portions of Box Elder, Cache, Rich,
67 and Summit counties that drain into the Bear River or Great Salt Lake;
68 (2) the Weber River Watershed, comprised of the portions of Weber, Davis, Morgan,
69 and Summit counties that drain into the Weber River or Great Salt Lake;
70 (3) the Jordan River Watershed, comprised of the portions of Salt Lake and Utah
71 counties that drain into the Jordan River or Great Salt Lake;
72 (4) the Utah Lake Watershed, comprised of the portions of Utah, Wasatch, Juab, and
73 Summit counties that drain into Utah Lake;
74 (5) the West Desert Watershed, comprised of the portions of Box Elder, Tooele, Juab,
75 Millard, Beaver, and Iron counties that drain into Great Salt Lake or have no outlet, as well as
76 the portion of Box Elder County that drains into the Columbia River watershed;
77 (6) the Sevier River Watershed, comprised of the portions of Kane, Garfield, Wayne,
78 Piute, Emery, Sevier, Sanpete, Carbon, Utah, Juab, Tooele, Millard, and Beaver counties that
79 drain into the Sevier River;
80 (7) the Cedar-Beaver Watershed, comprised of the portions of Washington, Iron,
81 Beaver, Garfield, Piute, and Millard counties that historically drained into Sevier Lake;
82 (8) the Uintah Watershed, comprised of the portions of Daggett, Summit, Duchesne,
83 Uintah, Wasatch, Carbon, Grand, and Emery counties that drain into the Green and Colorado
84 rivers;
85 (9) the West Colorado River Watershed, comprised of the portions of Duchesne,
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86 Wasatch, Carbon, Sanpete, Sevier, Emery, Grand, Wayne, San Juan, Garfield, and Kane
87 counties that drain into the Colorado River;
88 (10) the Southeast Colorado River Watershed, comprised of the portions of Grand,
89 Wayne, San Juan, and Garfield counties that drain into the San Juan and Colorado rivers;
90 (11) the Kanab Creek-Virgin River Watershed, comprised of the portions of Iron,
91 Washington, and Kane counties that drain into the Colorado River; and
92 (12) the Great Salt Lake Watershed, comprised of the West Desert, Bear River, Weber
93 River, Jordan River, and Utah Lake watersheds.
94 Section 4. Section 73-10g-304 is enacted to read:
95 73-10g-304. Utah Watersheds Council -- Creation and governance.
96 (1) Within the Department of Natural Resources, there is created the "Utah Watersheds
97 Council" consisting of the following members who are residents of the state:
98 (a) the executive director of the Department of Natural Resources;
99 (b) the executive director of the Department of Environmental Quality;
100 (c) the commissioner of the Department of Agriculture and Food;
101 (d) the director of the Utah Division of Indian Affairs;
102 (e) the Utah State University Extension vice president;
103 (f) the director of the Division of Emergency Management within the Department of
104 Public Safety;
105 (g) a representative designated by the Utah Association of Counties;
106 (h) a representative designated by the Utah League of Cities and Towns;
107 (i) a representative designated by the Utah Association of Special Districts;
108 (j) a representative of reclamation projects located in the state selected by the governor
109 from a list of three persons nominated jointly by the local sponsors of reclamation projects
110 located in the state and the executive director of the Department of Natural Resources;
111 (k) a representative of agricultural interests selected by the governor from a list of three
112 persons nominated jointly by the commissioner of the Department of Agriculture and Food, the
113 president of the Utah Farm Bureau, and the Utah State University Extension vice president;
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114 (l) a representative of environmental conservation interests selected by the governor
115 from a list of three persons nominated jointly by the executive directors of the Department of
116 Environmental Quality and Department of Natural Resources;
117 (m) a representative of business and industry water interests selected by the governor
118 from a list of three individuals nominated jointly by the Utah Manufacturers Association, Utah
119 Mining Association, and Utah Petroleum Association; and
120 (n) the designated individual selected by a local watershed council certified under
121 Section 73-10g-306.
122 (2) (a) The division is directed, by no later than July 1, 2020, to organize a meeting of
123 the individuals identified in Subsections (1)(a) through (m), in which those individuals shall:
124 (i) organize the state council as provided in this part;
125 (ii) select a chair and at least one vice-chair from among the members of the state
126 council to have powers and duties provided in the organizing documents adopted by the state
127 council; and
128 (iii) adopt policies to govern the state council's activities, including policies for the
129 creation of subcommittees that may be less than a quorum of the state council and may include
130 persons of suitable expertise who are not state council members.
131 (b) The state council shall make the organizing documents and policies created under
132 Subsection (2)(a) available:
133 (i) to the public;
134 (ii) at each meeting of the state council; and
135 (iii) on a public website maintained by the division for council business.
136 (3) The state council may invite federal agencies to name representatives as liaisons to
137 the state council.
138 (4) The state council shall stagger the initial terms of the state council members listed
139 in Subsections (1)(g) through (m), after which members will be replaced according to policies
140 adopted by the state council.
141 (5) After the state council's initial organization, the state council may hold regular and
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142 special meetings at such locations within the state and on a schedule as the state council
143 determines, provided that the state council shall meet at least semi-annually.
144 (6) A majority of the members of the state council constitutes a quorum.
145 (7) The action of the majority of the council constitutes the action of the state council.
146 (8) (a) The state council policies may allow that a properly authorized representative of
147 a voting member of the state council may act in the place of that voting member if the voting
148 member is absent or unable to act.
149 (b) The state council shall enter in the record of a meeting proper documentation of a
150 representative's authority to act on behalf of the voting member under this Subsection (8).
151 (c) Authorization to act on behalf of a voting member may be given for more than one
152 meeting.
153 (d) Authorization to act on behalf of a voting member shall comply with the policies
154 adopted by the state council.
155 (9) (a) The division shall staff the state council.
156 (b) The division may make rules in accordance with Title 63G, Chapter 3, Utah
157 Administrative Rulemaking Act, to facilitate the creation and operation of the state council.
158 Section 5. Section 73-10g-305 is enacted to read:
159 73-10g-305. Role of the state council.
160 (1) The state council is directed to:
161 (a) serve as a forum to encourage and facilitate discussion and collaboration by and
162 among the stakeholders relative to the water-related interests of the state and the state's people
163 and institutions;
164 (b) facilitate communication and coordination between the Department of Natural
165 Resources, the Department of Agriculture and Food, the Department of Environmental Quality,
166 and other state and federal agencies in the administration and implementation of water-related
167 activities;
168 (c) facilitate the establishment of local watershed councils by certifying a local council:
169 (i) for the watersheds defined in Section 73-10g-303; and
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170 (ii) after reviewing the proceedings and documents submitted by proposed local
171 councils, to ensure that the local council meets the certification requirements in Section
172 73-10g-306;
173 (d) provide resources and support for the administration of local councils;
174 (e) consult and seek guidance from local councils; and
175 (f) provide advice to the governor and Legislature on water issues.
176 (2) The state council shall provide updates on the state council's activities annually, or
177 as invited, to:
178 (a) the Natural Resources, Agriculture, and Environment Interim Committee;
179 (b) the Legislative Water Development Commission; and
180 (c) the Utah Water Task Force.
181 Section 6. Section 73-10g-306 is enacted to read:
182 73-10g-306. Local watershed councils -- Creation.
183 (1) A proposed local watershed council may be certified by the Utah Watersheds
184 Council under Subsection 73-10g-305(1)(c) if:
185 (a) the organizing documents and policies of the proposed local watershed council:
186 (i) provide for an open and equitable system of governance;
187 (ii) encourage participation by a water user or group of water users, other watershed
188 groups, mutual irrigation companies, distribution system committees, and other stakeholders
189 within the watershed; and
190 (iii) require that:
191 (A) a majority of the members of the local council constitutes a quorum; and
192 (B) an action of the local council be approved by no less than a majority of the
193 members of the local council;
194 (b) in a balance appropriate for the watershed, the proposed local council membership
195 includes watershed stakeholders who reside or work within the watershed or own or control the
196 right to divert or use water within the watershed and is representative, where feasible, of at
197 least these interests:
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198 (i) agriculture;
199 (ii) industry;
200 (iii) Indian tribes;
201 (iv) public water suppliers, as defined in Section 73-1-4;
202 (v) water planning and research institutions;
203 (vi) water quality;
204 (vii) fish and wildlife;
205 (viii) water dependent habitat and environments;
206 (ix) watershed management, such as distribution system committees functioning within
207 the watershed;
208 (x) mutual irrigation companies; and
209 (xi) local sponsors of reclamation projects;
210 (c) for each of the five watersheds that drain into Great Salt Lake, the proposed local
211 council includes a person designated by the Great Salt Lake local watershed council, if the
212 Great Salt Lake local watershed council is certified; and
213 (d) for the Great Salt Lake watershed, the proposed local council includes a person
214 designated by each of the five watersheds that drain into Great Salt Lake that has a certified
215 local watershed council.
216 (2) A local council may invite state and federal agencies to name representatives as
217 liaisons to the local council.
218 Section 7. Section 73-10g-307 is enacted to read:
219 73-10g-307. Local watershed councils -- Roles and governance.
220 (1) A local council shall provide a forum to encourage and facilitate discussion of and
221 collaboration on local watershed issues.
222 (2) A local council shall:
223 (a) select the local council's representative to the state council;
224 (b) hold meetings at times and locations as the local council determines; and
225 (c) make the local council's policies available to the public:
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226 (i) at each meeting of the local council; and
227 (ii) on a public website maintained by the division for council business.
228 Section 8. Section 73-10g-308 is enacted to read:
229 73-10g-308. Conditions applicable to all watershed councils.
230 (1) A council:
231 (a) is a public body as defined in Section 52-4-103 and shall comply with Title 52,
232 Chapter 4, Open and Public Meetings Act; and
233 (b) shall comply with Title 63G, Chapter 2, Government Records Access and
234 Management Act.
235 (2) A member of a council may not receive compensation or benefits for the member's
236 service, but may receive per diem and travel expenses in accordance with:
237 (a) Section 63A-3-106;
238 (b) Section 63A-3-107; and
239 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
240 63A-3-107.
241 (3) Creation of the state council or a local council does not:
242 (a) supersede, usurp, or replace any other watershed oriented organization within the
243 relevant watershed unless otherwise agreed upon by the watershed oriented