Water Leasing Amendments

63
63I-1-273
63J-1-602.2
73-3-30.5
73-5-3
73-32-202
73-34-101
73-34-201
73-34-301
73-34-302
73-34-303
73-34-401
73-34-402
63I-1-273
63J-1-602.2
73-3-30.5
73-5-3
73-32-202
73-34-101
73-34-201
73-34-301
73-34-302
73-34-303
73-34-401
73-34-402
5
0
Water Leasing Amendments
2026 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Jill Koford
Senate Sponsor: Scott D. Sandall

Cosponsor:
Joseph Elison
Stephanie Pitcher
John Arthur
Jake Fitisemanu
David Shallenberger
Jennifer Dailey-Provost
Sahara Hayes
Jason E. Thompson
James A. Dunnigan
Clinton D. Okerlund
LONG TITLE
General Description:
This bill addresses leasing of water.
Highlighted Provisions:
This bill:
makes appropriations to the Great Salt Lake Preservation Program (program) nonlapsing;
addresses diversion or impoundment by an intervening user of leased water;
provides for streamlined leasing of certain water;
directs the Great Salt Lake commissioner to facilitate leasing of water for the Great Salt
Lake;
creates the program;
defines terms;
creates the Great Salt Lake Preservation Board (board);
provides for rulemaking by the board;
establishes the leasing process;
addresses applications related to a lease of water;
authorizes the board to take action if a person violates a lease;
requires reporting by the board and the state engineer;
enacts a sunset date; and
makes technical and conforming amendments.
Money Appropriated in this Bill:
This bill appropriates
$2,750,000
in operating and capital budgets for fiscal year 2027, all
of which is from the General Fund.
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
63I-1-273
Effective
05/06/26
, as last amended by Laws of Utah 2025, Chapter 119
63J-1-602.2
Effective
05/06/26
Partially Repealed
07/01/29
, as last amended by Laws
of Utah 2025, First Special Session, Chapter 17
73-5-3
Effective
05/06/26
, as last amended by Laws of Utah 2014, Chapter 369
73-32-202
Effective
05/06/26
, as last amended by Laws of Utah 2025, Chapter 93
ENACTS:
73-3-30.5
Effective
05/06/26
, Utah Code Annotated 1953
73-34-101
Effective
05/06/26
, Utah Code Annotated 1953
73-34-201
Effective
05/06/26
, Utah Code Annotated 1953
73-34-301
Effective
05/06/26
, Utah Code Annotated 1953
73-34-302
Effective
05/06/26
, Utah Code Annotated 1953
73-34-303
Effective
05/06/26
, Utah Code Annotated 1953
73-34-401
Effective
05/06/26
, Utah Code Annotated 1953
73-34-402
Effective
05/06/26
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section
63I-1-273
is amended to read:
63I-1-273
Effective
05/06/26
. Repeal dates: Title 73.
(1)
Subsection
73-1-4(2)(e)(xi)
, regarding a water right subject to an approved change
application for use within a water bank that has been authorized but not dissolved, is
repealed December 31, 2030.
(2)
Subsection
73-10-4(1)(i)
, regarding management of an application to create a water
bank, is repealed December 31, 2030.
(3)
Section
73-10-39
, Study and recommendations related to the financing of water
infrastructure, is repealed July 1, 2027.
(4)
Title
73, Chapter 10g, Part 2
, Agricultural Water Optimization, is repealed July 1, 2028.
(5)
Title
73, Chapter 10g, Part 7
, Utah Water Agent, is repealed July 1, 2034.
(6)
Section
73-18-3.5
, Advisory council, is repealed July 1, 2029.
(7)
Title
73, Chapter 27
, Legislative Water Development Commission, is repealed January
1, 2031.
(8)
Title
73, Chapter 31
, Water Banking Act, is repealed December 31, 2030.
(9)
Section
73-32-302
, Advisory council created -- Staffing -- Per diem and travel expenses
-- Annual conflict of interest disclosure statement -- Exception -- Penalties, is repealed
July 1, 2027.
(10)
Section
73-32-303
, Duties of the council, is repealed July 1, 2027.
(11)
Title 73, Chapter 34, Great Salt Lake Preservation Program, is repealed July 1, 2030.
Section 2. Section
63J-1-602.2
is amended to read:
63J-1-602.2
Effective
05/06/26
Partially Repealed
07/01/29
. List of nonlapsing
appropriations to programs.
Appropriations made to the following programs are nonlapsing:
(1)
The Legislature and the Legislature's committees.
(2)
The State Board of Education, including all appropriations to agencies, line items, and
programs under the jurisdiction of the State Board of Education, in accordance with
Section
53F-9-103
.
(3)
The Rangeland Improvement Act created in Section
4-20-101
.
(4)
The Percent-for-Art Program created in Section
9-6-404
.
(5)
The LeRay McAllister Working Farm and Ranch Fund Program created in Title
4,
Chapter 46, Part 3
, LeRay McAllister Working Farm and Ranch Fund.
(6)
The Utah Lake Authority created in Section
11-65-201
.
(7)
Dedicated credits accrued to the Utah Marriage Commission as provided under
Subsection
17-66-303(2)(d)(ii)
.
(8)
The Wildlife Land and Water Acquisition Program created in Section
23A-6-205
.
(9)
Sanctions collected as dedicated credits from Medicaid providers under Subsection
26B-3-108(7)
.
(10)
The primary care grant program created in Section
26B-4-310
.
(11)
The Opiate Overdose Outreach Pilot Program created in Section
26B-4-512
.
(12)
The Utah Health Care Workforce Financial Assistance Program created in Section
26B-4-702
.
(13)
The Rural Physician Loan Repayment Program created in Section
26B-4-703
.
(14)
The Utah Medical Education Council for the:
(a)
administration of the Utah Medical Education Program created in Section
26B-4-707
;
(b)
provision of medical residency grants described in Section
26B-4-711
; and
(c)
provision of the forensic psychiatric fellowship grant described in Section
26B-4-712
.
(15)
The Division of Services for People with Disabilities, as provided in Section
26B-6-402
.
(16)
The Communication Habits to reduce Adolescent Threats (CHAT) Pilot Program
created in Section
26B-7-122
.
(17)
Funds that the Department of Alcoholic Beverage Services retains in accordance with
Subsection
32B-2-301(8)(a)
or
(b)
.
(18)
The General Assistance program administered by the Department of Workforce
Services, as provided in Section
35A-3-401
.
(19)
The Utah National Guard, created in Title
39A, National Guard and Militia Act
.
(20)
The Search and Rescue Financial Assistance Program, as provided in Section
53-2a-1102
.
(21)
The Emergency Medical Services Grant Program, as provided in Section
53-2d-207
.
(22)
The Motorcycle Rider Education Program, as provided in Section
53-3-905
.
(23)
The Utah Board of Higher Education for teacher preparation programs, as provided in
Section
53H-5-402
.
(24)
Innovation grants under Section
53G-10-608
, except as provided in Subsection
53G-10-608(3)
.
(25)
The Division of Fleet Operations for the purpose of upgrading underground storage
tanks under Section
63A-9-401
.
(26)
The Division of Technology Services for technology innovation as provided under
Section
63A-16-903
.
(27)
The State Capitol Preservation Board created by Section
63O-2-201
.
(28)
The Office of Administrative Rules for publishing, as provided in Section
63G-3-402
.
(29)
The Colorado River Authority of Utah, created in Title
63M, Chapter 14
, Colorado
River Authority of Utah Act.
(30)
The Governor's Office of Economic Opportunity to fund the Enterprise Zone Act, as
provided in Title
63N, Chapter 2, Part 2
, Enterprise Zone Act.
(31)
The Governor's Office of Economic Opportunity's Rural Employment Expansion
Program, as described in Title
63N, Chapter 4, Part 4
, Rural Employment Expansion
Program.
(32)
County correctional facility contracting program for state inmates as described in
Section
64-13e-103
.
(33)
County correctional facility reimbursement program for state probationary inmates and
state parole inmates as described in Section
64-13e-104
.
(34)
Programs for the Jordan River Recreation Area as described in Section
65A-2-8
.
(35)
The Division of Human Resource Management user training program, as provided in
Section
63A-17-106
.
(36)
A public safety answering point's emergency telecommunications service fund, as
provided in Section
69-2-301
.
(37)
The Traffic Noise Abatement Program created in Section
72-6-112
.
(38)
The money appropriated from the Navajo Water Rights Negotiation Account to the
Division of Water Rights, created in Section
73-2-1.1
, for purposes of participating in a
settlement of federal reserved water right claims.
(39)
The Judicial Council for compensation for special prosecutors, as provided in Section
77-10a-19
.
(40)
A state rehabilitative employment program, as provided in Section
78A-6-210
.
(41)
The Utah Geological Survey, as provided in Section
79-3-401
.
(42)
The Bonneville Shoreline Trail Program created under Section
79-5-503
.
(43)
Adoption document access as provided in Sections
81-13-103
,
81-13-504
, and
81-13-505
.
(44)
Indigent defense as provided in Title
78B, Chapter 22, Part 4
, Utah Indigent Defense
Commission.
(45)
The program established by the Division of Facilities Construction and Management
under Section
63A-5b-703
under which state agencies receive an appropriation and pay
lease payments for the use and occupancy of buildings owned by the Division of
Facilities Construction and Management.
(46)
The State Tax Commission for reimbursing counties for deferrals in accordance with
Section
59-2-1802.5
.
(47)
The Veterinarian Education Loan Repayment Program created in Section
4-2-902
.
(48)
The Great Salt Lake Preservation Program created in Title 73, Chapter 34, Great Salt
Lake Preservation Program.
Section 3. Section
73-3-30.5
is enacted to read:
73-3-30.5
Effective
05/06/26
. Standardized leasing of water described in
instream flow provisions.
(1)
As used in this section:
(a)
"Concurring partner" means:
(i)
a division, as defined in Section
73-3-30
; or
(ii)
the executive director of the Colorado River Authority of Utah, appointed under
Section
63M-14-401
.
(b)
"Land in agricultural use" means the same as that term is defined in Section
59-2-502
.
(c)
"Person entitled to the use of water" means the same as that term is defined in
Section
73-3-3
.
(d)
"Split season use" means making sequential use of a portion of a water right in the
same calendar year.
(2)
The state engineer:
(a)
shall prioritize the processing of an application if the conditions of Subsections
(3)

and
(4)
are met; and
(b)
may adjust the prioritization described in Subsection
(2)(a)
as necessary to address:
(i)
a protest to the application; or
(ii)
unusual conditions that make the initial prioritization infeasible.
(3)
To qualify for prioritization under this section, a lease:
(a)
may only lease water:
(i)
for a beneficial use described in Section
73-3-30
;
(ii)
on a water right where the point of diversion is a surface source within an
established distribution system served by a water commissioner appointed by the
state engineer under Section
73-5-1
; and
(iii)
when the approved used for the underlying water right is for an irrigation,
industrial, or municipal purpose;
(b)
may include a lease of water based on split season use; and
(c)
may not include a lease of water diverted from an underground source of water.
(4)
A person entitled to the use of water who files an application that complies with this
section shall:
(a)
file the application by no later than December 1 for a lease agreement intended to
commence on or after April 1 in the following year;
(b)
describe in the application the concurrence of the applicable concurring partner;
(c)
for an application that includes a split season use on land in agricultural use, identify
a single period during the water right period of use, of at least four consecutive
weeks, that will be the basis for the split season use; and
(d)
confirm that the application based on a lease of water meets the conditions of
Subsection
(3)
and this Subsection
(4)
.
Section 4. Section
73-5-3
is amended to read:
73-5-3
Effective
05/06/26
. Control by engineer of division and distribution
under judgments.
(1)
The state engineer or the state engineer's designee shall carry into effect a judgment of a
court in relation to the division, distribution, or use of water under the provisions of this
title.
(2)
The state engineer shall:
(a)
divide water among several appropriators entitled to the water in accordance with the
right of each appropriator;
(b)
regulate and control the use of the water by closing or partially closing a head gate,
cap, valve, or other controlling work of a ditch, canal, pipe, flume, well or tunnel, or
other means of diversion to prevent the waste of water or its use in excess of the
quantity to which an appropriator is lawfully entitled; and
(c)
regulate a controlling work of reservoirs in accordance with
the provisions of
this
title.
(3)
(a)
If the state engineer regulates a head gate, cap, valve, or other controlling work of
a ditch, canal, pipe, flume, well or tunnel, or other means of diversion, or the
controlling work of a reservoir, the state engineer may attach to the controlling work
a written notice, properly dated and signed, setting forth that the controlling work has
been properly regulated and is wholly under the state engineer's control.
(b)
The notice provided under Subsection
(3)(a)

shall be
is
a legal notice, as to the facts
contained in the notice, to all parties interested in the division and distribution of the
water of the ditch, canal, pipe, flume, well or tunnel, or other means of diversion, or
reservoir.
(4)
(a)
If the state engineer is required to enter upon private property to carry out
the
provisions of
this title and is refused by the owner or possessor of the property the
right of entry, the state engineer may petition the district court for an order granting a
right of entry.
(b)
After notice and hearing
,
the court may grant the state engineer a right of entry, on
security given by the state engineer to pay the owner of the property for
all
damage
caused by the entry.
(5)
(a)
Leased water approved for use under Section
73-3-30
for a purpose described in
Section
73-3-30
:
(i)
is not subject to diversion or impoundment by an intervening user between the
point where the water is released or would otherwise have been diverted for the
underlying water right and the approved place of use; and
(ii)
may not be regulated or controlled by a person other than the state engineer or the
state engineer's designee.
(b)
The state engineer may allocate water described in Subsection
(5)(a)
as if the water
was naturally flowing.
(c)
When water described in Subsection
(5)(a)
reaches an impoundment or barrier that
impedes or interferes with the flow of the water, the owner or operator of the
impoundment or barrier:
(i)
may not refuse to release the water from the impoundment or barrier; and
(ii)
shall ensure that the water is passed through the impoundment or barrier upon the
direction of the state engineer or the state engineer's designee at the owner or
operator's sole expense.
(d)
Nothing in this Subsection
(5)
prohibits the state engineer from regulating or
controlling water described in Subsection
(5)(a)
in accordance with a written
agreement between an individual water user, group of water users, or an owner or
operator of an impoundment or barrier described in Subsection
(5)(c)
.
Section 5. Section
73-32-202
is amended to read:
73-32-202
Effective
05/06/26
. Duties and authorizations of the commissioner.
(1)
The commissioner, under the administrative oversight of the executive director, shall:
(a)
subject to Section
73-32-204
, prepare an approved strategic plan for the long-term
health of the Great Salt Lake and update the strategic plan regularly;
(b)
oversee the execution of the strategic plan by other state agencies as provided in
Section
73-32-203
;
(c)
maintain information that measures Great Salt Lake levels, salinity, and overall
health;
(d)
meet regularly with the executive director and with the executive director of the
Department of Environmental Quality;
(e)
consult with the Division of Forestry, Fire, and State Lands regarding
Title 65A,
Chapter 16, Great Salt Lake Watershed Enhancement Program
;
(f)
monitor the integrated water assessment conducted under
Chapter 10g, Part 4, Great
Salt Lake Watershed Integrated Water Assessment
;
(g)
inform the governor, the president of the Senate, and the speaker of the House of
Representatives, at least annually, about the status of the strategic plan and the
progress regarding implementation of the strategic plan;
(h)
at least annually report to the Executive Appropriations Committee regarding the
expenditure of money under this chapter;
(i)
work cooperatively with and receive input and recommendations from the Great Salt
Lake Trust Council created under Section
65A-16-301
in accordance with Section
65A-16-302
;
(j)
coordinate and work collaboratively with water conservancy districts that serve water
users within the Great Salt Lake watershed;
(k)
consult on projects funded by state appropriations that are designed to acquire or
lease water or water rights for the Great Salt Lake to ensure the project is consistent
with the strategic plan;
and
(l)
facilitate leasing under Chapter 34, Great Salt Lake Preservation Program; and
(l)
(m)
annually report to the Natural Resources, Agriculture, and Environment Interim
Committee regarding the activities of the commissioner.
(2)
The commissioner may:
(a)
access information from other state or federal agencies related to the Great Salt Lake;
(b)
develop cooperative agreements between the state, political subdivisions, and
agencies of the federal government for involvement in the strategic plan;
(c)
produce research, documents, maps, studies, analysis, or other information that
supports the strategic plan for the Great Salt Lake;
(d)
facilitate and coordinate the exchange of information, comments, and
recommendations on Great Salt Lake policies between and among:
(i)
state agencies;
(ii)
political subdivisions;
(iii)
institutions of higher education that conduct research relevant to the Great Salt
Lake;
(iv)
nonprofit entities; and
(v)
private business;
(e)
communicate with the Great Salt Lake Watershed Council created under
Chapter
10g, Part 3, Watershed Councils Act
;
(f)
subject to Subsection
(4)
, negotiate agreements, leases, or other means to acquire or
lease water or water rights for the Great Salt Lake pursuant to the exemption under
Subsection
63G-6a-107.6(2)
;
and
(g)
accept money from public and private sources for the purpose of funding the leasing
of water or water rights for the Great Salt Lake, including leases under Chapter 34,
Great Salt Lake Preservation Program; and
(g)
(h)
perform other duties that the commissioner considers necessary or expedient to
carry out the purposes of this chapter.
(3)
(a)
The commissioner may not expend money for the purpose of acquiring or leasing
water or water rights without first obtaining a review and recommendations regarding
the expenditure from the Great Salt Lake Trust Council created in accordance with
Section
65A-16-301
.
(b)
The Great Salt Lake Trust Council shall review an expenditure described in
Subsection
(3)(a)
and may make a favorable recommendation if the Great Salt Lake
Trust Council finds that the expenditure is consistent with:
(i)
the strategic plan; and
(ii)
activities of the water trust created in Title 65A, Chapter 16, Great Salt Lake
Watershed Enhancement Program.
(4)
(a)
A change application for a water right acquired or leased under Subsection
(2)(f)

for use on sovereign lands in the Great Salt Lake shall be administered in accordance
with Section
73-3-30
.
(b)
The commissioner shall consult with the commissioner of the Department of
Agriculture and Food regarding terms and conditions for leasing agricultural water
for the Great Salt Lake.
(5)
In fulfilling the duties under this chapter, the commissioner shall consult and coordinate,
as necessary, with:
(a)
divisions within the department;
(b)
the Department of Agriculture and Food;
(c)
the Department of Environmental Quality;
(d)
other applicable state agencies;
(e)
political subdivisions of the state;
(f)
federal agencies;
(g)
elected officials; and
(h)
local tribal officials.
Section 6. Section
73-34-101
is enacted to read:
34. Great Salt Lake Preservation Program
1. General Provisions
73-34-101
Effective
05/06/26
. Definitions.
As used in this chapter:
(1)
"Agricultural water" means water placed to beneficial use on land in agricultural use, as
defined under Section
59-2-502
, that is located within the Utah portion of the Great Salt
Lake basin.
(2)
"Agricultural water user" means a person, including a water company, who distributes
or is entitled to the use of agricultural water as:
(a)
the record owner of a perfected water right in agricultural water;
(b)
a person who has written authorization from a person described in Subsection
(2)(a)

to file a change application on that person's behalf; or
(c)
a shareholder in a water company who is authorized to file a change application in
accordance with Section
73-3-3.5
.
(3)
"Board" means the Great Salt Lake Preservation Board created by Section
73-34-201
.
(4)
"Commissioner" means the Great Salt Lake commissioner appointed under Section
73-32-201
.
(5)
"Great Salt Lake basin" means the area within:
(a)
the surveyed meander line of the Great Salt Lake;
(b)
the drainage areas of the Bear River or the Bear River's tributaries;
(c)
the drainage areas of Bear Lake or Bear Lake's tributaries;
(d)
the drainage areas of the Weber River or the Weber River's tributaries;
(e)
the drainage areas of the Jordan River or the Jordan River's tributaries;
(f)
the drainage areas of Utah Lake or Utah Lake's tributaries;
(g)
other water drainages lying between the Bear River and the Jordan River that are
tributary to the Great Salt Lake and not included in the drainage areas described in
Subsections
(5)(a)
through
(f)
; and
(h)
the drainage area of Tooele Valley.
(6)
"Program" means the program created under Section
73-34-301
by the board to lease
agricultural water from agricultural water users for the benefit of the Great Salt Lake.
(7)
"Shareholder" means the same as that term is defined in Section
73-3-3.5
.
(8)
"Water company" means the same as that term is defined in Section
73-3-3.5
.
Section 7. Section
73-34-201
is enacted to read:
2. Program Administration
73-34-201
Effective
05/06/26
. Great Salt Lake Preservation Board.
(1)
There is created within the Office of the Great Salt Lake Commissioner the Great Salt
Lake Preservation Board that consists of the following five members:
(a)
one representative of agriculture appointed by the governor as a voting member to
serve a four-year term;
(b)
the executive director of the Department of Natural Resources, or the executive
director's designee, to serve as a voting member;
(c)
the commissioner of the Department of Agriculture and Food, or the commissioner
of agriculture and food's designee, to serve as a voting member;
(d)
the commissioner, or the commissioner's designee, to serve as a nonvoting member;
and
(e)
the state engineer, or the state engineer's designee, to serve as a nonvoting member.
(2)
The commissioner is the chair of the board.
(3)
When a vacancy occurs in the membership appointed under Subsection
(1)(a)
for any
reason, the governor shall appoint a replacement for the unexpired term.
(4)
(a)
Attendance of three voting members at a meeting constitutes a quorum for the
transaction of business.
(b)
The vote of the majority of voting members when a quorum is present is an action of
the board.
(c)
The board shall convene at the times and places prescribed by the chair.
(5)
A member may not receive compensation or benefits for the member's service, but may
receive per diem and travel expenses in accordance with:
(a)
Section
63A-3-106
;
(b)
Section
63A-3-107
; and
(c)
rules made by the Division of Finance in accordance with Sections
63A-3-106
and
63A-3-107
.
(6)
The board may:
(a)
expend money to lease agricultural water under the program;
(b)
make rules when authorized under this chapter; and
(c)
take action under Section
73-34-401
.
Section 8. Section
73-34-301
is enacted to read:
3. Leasing Process
73-34-301
Effective
05/06/26
. Program created -- Application process --
Rulemaking.
(1)
The board shall establish a program for the leasing of agricultural water from
agricultural water users for the benefit of the Great Salt Lake.
(2)
The board shall annually set rates under the program for the leasing of agricultural water
from an agricultural water user. When determining rates for a lease under this chapter,
the board shall consider the five-year average price for alfalfa hay, based on the United
States Department of Agriculture Utah Direct Hay Report.
(3)
(a)
The board shall at least annually accept applications for the leasing of agricultural
water for the benefit of the Great Salt Lake.
(b)
The board shall at least annually award the leases of agricultural water under the
program.
(4)
Subject to Section
73-34-302
, the board shall establish ranking and other criteria to
determine from whom the board may lease agricultural water, except that the board shall
prioritize senior adjudicated water rights.
(5)
The board shall work cooperatively with the commissioner related to the
commissioner's negotiation of agreements, leases, or other means to acquire or lease
water or water rights for the benefit of the Great Salt Lake under Section
73-32-202
.
(6)
The board may, in accordance with Title 63G, Chapter 3, Utah Administrative
Rulemaking Act, make rules establishing:
(a)
the process for setting rates under Subsection
(2)
;
(b)
how a person submits an application, including the information required to be
submitted;
(c)
the criteria for awarding leases;
(d)
conditions the board imposes on the award of a lease; and
(e)
other matters necessary to administer leases under this chapter.
Section 9. Section
73-34-302
is enacted to read:
73-34-302
Effective
05/06/26
. Leasing requirements.
(1)
The board may lease agricultural water:
(a)
only to benefit the Great Salt Lake; and
(b)
if for a full irrigation season, no more than two years out of a five-year period on the
same agricultural field.
(2)
Once a lease is approved by the board under the program, the agricultural user awarded
the lease shall obtain approval of a water right application in accordance with this title.
Section 10. Section
73-34-303
is enacted to read:
73-34-303
Effective
05/06/26
. State engineer duties related to applications --
Reporting.
(1)
(a)
Under an application filed under Section
73-34-302
, the state engineer shall limit
approval of the application to the period specified in the lease.
(b)
The state engineer shall approve the application in accordance with Section
73-3-30
,
except that the state engineer shall condition the approval on annual reporting of the
measuring or monitoring of approved leases of agricultural water under the program.
(2)
(a)
The state engineer shall examine the measuring or monitoring of approved leases
of agricultural water under the program.
(b)
By no later than December 31 of each year, the state engineer shall report to the
Legislative Water Development Commission challenges faced by the state in the
measuring and monitoring of agricultural water leased under the program for the
benefit of the Great Salt Lake.
Section 11. Section
73-34-401
is enacted to read:
4. Compliance and Oversight
73-34-401
Effective
05/06/26
. Board action for noncompliance -- Rulemaking.
(1)
The board may require a person awarded a lease under the program to repay the state for
money received under the lease if the board finds that the person failed to comply with
the conditions of the lease or diverted water in violation of the lease.
(2)
(a)
To commence an enforcement action under section, the board shall issue a notice
of violation that includes notice of the amount of repayment for which a person is
subject.
(b)
The board's issuance and enforcement of a notice of violation is exempt from Title
63G, Chapter 4, Administrative Procedures Act.
(c)
In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
board may make rules necessary to enforce a notice of violation, that includes:
(i)
provisions consistent with this Subsection
(2)
for enforcement of the notice if a
person to whom a notice is issued fails to respond to the notice or abate the
violation;
(ii)
the right to a hearing, upon request by a person against whom the notice is issued;
and
(iii)
provisions for timely issuance of a final order after the person to whom the
notice is issued fails to respond to the notice or abate the violation, or after a
hearing held under Subsection
(2)(c)(ii)
.
(d)
A person may not intervene in an enforcement action commenced under this section.
(e)
After issuance of a final order under rules made pursuant to Subsection
(2)(c)
, the
board shall serve a copy of the final order on the person against whom the order is
issued by:
(i)
personal service under Utah Rules of Civil Procedure, Rule 5; or
(ii)
certified mail.
(f)
(i)
A court with jurisdiction may review the board's final order de novo in Salt
Lake County or the county where the violation occurred.
(ii)
A person shall file a petition for judicial review of the board's final order issued
under this section within 20 days from the day on which the final order was served
on the person.
(g)
The board may bring suit in a court with jurisdiction to enforce a final order issued
under this section.
(h)
If the board prevails in an action brought under Subsection
(2)(f)
or
(g)
, the state
may recover court costs and reasonable attorney fees.
(i)
The board shall deposit money collected under this section into the General Fund as a
dedicated credit to be used to implement the program.
(3)
This section does not limit or impair the state engineer's enforcement powers set forth in
Section
73-2-25
.
Section 12. Section
73-34-402
is enacted to read:
73-34-402
Effective
05/06/26
. Board report to Legislature.
(1)
The board shall document:
(a)
the number of acre-feet delivered to the Great Salt Lake under the program;
(b)
the number of leases awarded under the program; and
(c)
the amount of money expended to lease agricultural water under the program.
(2)
The board shall annually for the previous period beginning on October 1 and ending
September 30:
(a)
post on a public website the information documented under Subsection
(1)
; and
(b)
report to the Legislative Water Development Commission by no later than November
30 the information documented under Subsection
(1)
.
Section 1.
FY 2027 Appropriations.
The following sums of money are appropriated for the fiscal year beginning July 1,
2026, and ending June 30, 2027. These are additions to amounts previously appropriated for
fiscal year 2027.
Subsection 1(a).
Operating and Capital Budgets
Under the terms and conditions of Title 63J, Chapter 1, Budgetary Procedures Act, the
Legislature appropriates the following sums of money from the funds or accounts indicated for
the use and support of the government of the state of Utah.
NATURAL RESOURCES, AGRICULTURE, AND ENVIRONMENTAL QUALITY
DEPARTMENT OF NATURAL RESOURCES
ITEM 1
Department of Natural Resources - Office of the Great Salt Lake Commissioner
From General Fund
2,750,000
Great Salt Lake Preservation Program
2,750,000
Section 14.
Effective Date.
This bill takes effect on
May 6, 2026
.
3-10-26 11:26 AM