Statewide Water Storage

20
73-10-40
0
Statewide Water Storage
2026 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Walt Brooks
Senate Sponsor: Evan J. Vickers
LONG TITLE
General Description:
This bill addresses water storage within the state.
Highlighted Provisions:
This bill:
defines terms;
provides a process for applying to the Board of Water Resources (board) to be considered
for state funding for the construction of or increase in the capacity of water storage in
the state;
creates criteria for considering state funding for construction of water storage in the state;
requires the board to annually review eligibility for consideration of state funding for
construction of water storage in the state;
requires the board to report recommendations related to state funding for construction of
or increase in the capacity of water storage in the state;
addresses rulemaking related to the processes implemented and the recommendations
issued by the board; and
clarifies that recommendations are nonbinding.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
ENACTS:
73-10-40
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section
73-10-40
is enacted to read:
73-10-40
. Consideration of increases to water storage.
(1)
As used in this section:
(a)
"Board" means the Board of Water Resources.
(b)
"Division" means the Division of Water Resources.
(c)
"Local sponsor" means a state agency, a local government agency, a tribe, or other
local organization that works with a federal agency or the state to plan, build, and
maintain a dam and associated reservoir.
(d)
"Project" means the construction of a new dam site and the associated reservoir.
(e)
"Proposal" means actions proposed by a local sponsor to increase the capacity of a
reservoir that exists at the time a local sponsor applies for state funding under
Subsection
(4)
.
(2)
The board may consider an application submitted by a local sponsor and may
recommend to the Legislature that the state fund, in whole or in part:
(a)
a project to construct water storage in the state submitted by a local sponsor as
described in Subsection
(3)
; or
(b)
a proposal to increase the capacity of water storage in this state submitted by a local
sponsor as described in Subsection
(4)
.
(3)
(a)
The board may recommend to the Legislature that the state fund, in whole or in
part, the costs of a project for which a local sponsor submits an application to
construct water storage in this state if the board finds that the criteria in Subsection
(3)(b)
is met.
(b)
The board shall use the following criteria to determine whether the board shall
recommend state funding under Subsection
(3)(a)
:
(i)
whether there exists water rights that authorize reservoir storage at the location of
the project for which a local sponsor is applying;
(ii)
whether there is a regional or state benefit to the project;
(iii)
whether there exists a local sponsor that:
(A)
is pursuing the project, including financially supporting the project; and
(B)
will own and maintain the project;
(iv)
whether construction of the project is anticipated to begin within five years of
receipt of state funding;
(v)
the need for and affordability of the project; and
(vi)
any other item the board considers necessary to evaluate the potential project.
(c)
The board shall annually evaluate projects from a list of potential dam sites prepared
by the division to determine whether a project is eligible for consideration for state
funding under this Subsection
(3)
because the project meets the criteria of Subsection
(3)(b)
.
(4)
(a)
The board may recommend to the Legislature that the state fund, in whole or in
part, a proposal under this Subsection
(4)
submitted by a local sponsor to increase the
capacity of a reservoir that:
(i)
exists at the time the local sponsor submits the proposal; and
(ii)
has reduced capacity because of sedimentation.
(b)
A local sponsor shall include with the submission of a proposal under this Subsection
(4)
a feasibility study that recommends the method to increase the capacity of the
reservoir for which funding is sought.
(c)
The board may consider a proposal under this Subsection
(4)
at any time during a
fiscal year.
(5)
The board shall annually report to the Natural Resources, Agriculture, and
Environmental Quality Appropriations Subcommittee by no later than October 1 the
following information for the immediately preceding fiscal year:
(a)
the number of projects for which state funding was applied for under Subsection
(3)
;
(b)
the projects under Subsection
(3)(a)
that the board recommends the state fund, in
whole or in part;
(c)
a list of projects determined to be eligible for consideration of state funding under
Subsection
(3)(c)
;
(d)
the number of proposals for which state funding was applied for under Subsection
(4)
;
and
(e)
the proposals under Subsection
(4)
that the board recommends the state fund, in
whole or in part.
(6)
The board may make rules, in accordance with Title 63G, Chapter
3
, Utah
Administrative Rulemaking Act, related to:
(a)
the submission of an application under this section; and
(b)
the board making recommendations for state funding, in whole or in part, of a project
to construct or a proposal to increase the capacity of water storage in this state.
(7)
A recommendation or other action taken under this section by the board does not
obligate the state or require the Legislature to take any action or appropriate funding.
Section 2.
Effective Date.
This bill takes effect on
May 6, 2026
.
3-2-26 8:59 AM