Water Commitment Amendments

3
73-10-32
0
Water Commitment Amendments
2026 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Hoang Nguyen
Senate Sponsor: Scott D. Sandall
LONG TITLE
General Description:
This bill addresses commitments of water by water providers.
Highlighted Provisions:
This bill:
permits a commitment of available water to uses on the Great Salt Lake to be included in
a water conservation plan; and
makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
73-10-32
, as last amended by Laws of Utah 2023, Chapters 238, 435
Be it enacted by the Legislature of the state of Utah:
Section 1. Section
73-10-32
is amended to read:
73-10-32
. Definitions -- Water conservation plan required.
(1)
As used in this section:
(a)
"Division" means the Division of Water Resources created under Section
73-10-18
.
(b)
"Water conservancy district" means an entity formed under
Title 17B, Chapter 2a,
Part 10, Water Conservancy District Act
.
(c)
"Water conservation plan" means a written document that contains existing and
proposed water conservation measures describing what will be done by a water
provider, and the end user of culinary water to help conserve water in the state in
terms of per capita use of water provided through culinary water infrastructure owned
or operated by the water provider so that adequate supplies of water are available for
future needs.
(d)
"Water provider" means:
(i)
a retail water supplier, as defined in Section
19-4-102
; or
(ii)
a water conservancy district.
(2)
(a)
A water conservation plan shall contain:
(i)
(A)
a clearly stated overall water use reduction goal that is consistent with
Subsection
(2)(d)
; and
(B)
an implementation plan for each water conservation measure a water provider
chooses to use, including a timeline for action and an evaluation process to
measure progress;
(ii)
a requirement that a notification procedure be implemented that includes the
delivery of the water conservation plan to the media and to the governing body of
each municipality and county served by the water provider;
(iii)
a copy of the minutes of the meeting regarding a water conservation plan and the
notification procedure required in Subsection
(2)(a)(ii)
that shall be added as an
appendix to the water conservation plan; and
(iv)
for a retail water supplier, as defined in Section
19-4-102
, the retail water
supplier's rate structure that is:
(A)
adopted by the retail water supplier's governing body in accordance with
Section
73-10-32.5
; and
(B)
current as of the day the retail water supplier files a water conservation plan.
(b)
A water conservation plan may include information regarding:
(i)
the installation and use of water efficient fixtures and appliances, including toilets,
shower fixtures, and faucets;
(ii)
residential and commercial landscapes and irrigation that require less water to
maintain;
(iii)
more water efficient industrial and commercial processes involving the use of
water;
(iv)
water reuse systems, both potable and not potable;
(v)
distribution system leak repair;
(vi)
dissemination of public information regarding more efficient use of water,
including public education programs, customer water use audits, and water saving
demonstrations;
(vii)
water rate structures designed to encourage more efficient use of water;
(viii)
statutes, ordinances, codes, or regulations designed to encourage more efficient
use of water by means such as water efficient fixtures and landscapes;
(ix)
incentives to implement water efficient techniques, including rebates to water
users to encourage the implementation of more water efficient measures;
(x)
regional conservation planning and shared shortage agreements;
and
(xi)
the commitment of available water to uses on the Great Salt Lake; and
(xi)
(xii)
other measures designed to conserve water.
(c)
The division may be contacted for information and technical resources regarding
measures listed in Subsection
(2)(b)
.
(d)
(i)
The division shall adopt by rule, made in accordance with
Title 63G, Chapter 3,
Utah Administrative Rulemaking Act
, regional water conservation goals that:
(A)
are developed by the division;
(B)
take into consideration goals established in the Colorado River management
plan adopted
pursuant
to
in accordance with
Section
63M-14-204
;
(C)
for areas in the Great Salt Lake watershed, take into consideration the Great
Salt Lake, including the water budget associated with the integrated surface
and ground water assessment described in Section
73-10g-402
;
(D)
take into consideration how growth and regional conservation goals impact
agriculture water use;
(E)
are reevaluated by December 31, 2030, and every 10 years after December 31,
2030; and
(F)
define what constitutes "water being conserved" under a water conservation
goal after considering factors such as depletion, diversion, use, consumption,
or return flows.
(ii)
As part of a water conservation plan, a water provider shall adopt one of the
following:
(A)
the regional water conservation goal applicable to the water provider;
(B)
a water conservation goal that would result in more water being conserved
than would be conserved under the regional water conservation goal; or
(C)
a water conservation goal that would result in less water being conserved than
would be conserved under the regional water conservation goal with a
reasonable justification as to why the different water conservation goal is
adopted and an explanation of the factors supporting the reasonable
justification, such as demographics, geography, lot sizes, make up of water
service classes, or availability of secondary water.
(3)
(a)
A water provider shall:
(i)
prepare and adopt a water conservation plan; and
(ii)
file a copy of the water conservation plan with the division.
(b)
(i)
Before adopting or amending a water conservation plan, a water provider shall
hold a public hearing with reasonable, advance public notice in accordance with
this Subsection
(3)(b)
.
(ii)
The water provider shall provide public notice at least 14 days before the date of
the public hearing.
(iii)
A water provider meets the requirements of reasonable notice required by this
Subsection
(3)(b)
if the water provider posts notice of the public hearing:
(A)
for the service area of the water provider, as a class A notice under Section
63G-30-102
, for at least 14 days; and
(B)
if the water provider is a private entity and has a public website, on the water
provider's public website.
(iv)
Proof that notice described in Subsection
(3)(b)(iii)
was given is prima facie
evidence that notice was properly given.
(v)
If notice given under authority of this Subsection
(3)(b)
is not challenged within
30 days from the date of the public hearing for which the notice was given, the
notice is considered adequate and proper.
(c)
A water provider shall:
(i)
post the water provider's water conservation plan on a public website; or
(ii)
if the water provider does not have a public website, make the water provider's
water conservation plan publicly available for inspection upon request.
(4)
(a)
The division shall:
(i)
provide guidelines and technical resources to help water providers prepare and
implement water conservation plans;
(ii)
assist water providers by identifying water conservation methods upon request;
and
(iii)
provide an online submission form that allows for an electronic copy of the water
conservation plan to be filed with the division under Subsection
(3)(a)(ii)
.
(b)
The division shall post an annual report at the end of a calendar year listing water
providers in compliance with this section.
(5)
A water provider may only receive state funds for water development if the water
provider complies with the requirements of this section.
(6)
A water provider specified under Subsection
(3)(a)
shall:
(a)
update the water provider's water conservation plan no less frequently than every five
years; and
(b)
follow the procedures required under Subsection
(3)
when updating the water
conservation plan.
(7)
It is the intent of the Legislature that the water conservation plans, amendments to
existing water conservation plans, and the studies and report by the division be handled
within the existing budgets of the respective entities or agencies.
Section 2.
Effective Date.
This bill takes effect on
May 6, 2026
.
2-25-26 10:25 AM