Colorado River Authority Amendments

78
63G-2-305
63G-6a-103
63G-6a-107.6
63J-1-602.2
63M-14-101
63M-14-303
63M-14-501
73-3-30
73-10-4
73-10-18
73-10-32
63M-14-102
63M-14-103
73-34-103
63M-14-201
63M-14-202
63M-14-203
63M-14-204
63M-14-205
63M-14-207
63M-14-208
63M-14-209
63M-14-210
63M-14-301
63M-14-302
63M-14-304
63M-14-305
63M-14-306
63M-14-401
63M-14-402
63M-14-502
79-2-201
0
Colorado River Authority Amendments
2026 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Scott H. Chew
Senate Sponsor: David P. Hinkins
LONG TITLE
General Description:
This bill addresses the Colorado River Authority of Utah.
Highlighted Provisions:
This bill:
moves the Colorado River Authority of Utah (authority) from the governor's office to the
Department of Natural Resources, including providing a transition;
modifies the definition provision;
amends the membership provision of the authority including modifying the appointment
process;
addresses the operation of the authority;
expands the powers and duties of the authority;
modifies the appointment of the river commissioner;
repeals provision prohibiting the river commissioner from receiving compensation;
amends provision on hiring of the authority's executive director;
repeals the Colorado River Authority Restricted Account; and
makes technical and conforming amendments.
Money Appropriated in this Bill:
This bill appropriates
$1,638,500
in operating and capital budgets for fiscal year 2027, all
of which is from the General Fund.
This bill appropriates
($1,638,500)
in restricted fund and account transfers for fiscal year 2027,
all of which is from the General Fund.
Other Special Clauses:
This bill provides a special effective date.
Utah Code Sections Affected:
AMENDS:
63G-2-305
Effective
07/01/26
, as last amended by Laws of Utah 2025, First Special
Session, Chapter 17
63G-6a-103
Effective
07/01/26
, as last amended by Laws of Utah 2025, First Special
Session, Chapter 9
63G-6a-107.6
Effective
07/01/26
, as last amended by Laws of Utah 2025, Chapters
151, 318 and 481
63J-1-602.2
Effective
07/01/26
Partially Repealed
07/01/29
, as last amended by Laws
of Utah 2025, First Special Session, Chapter 17
73-3-30
Effective
07/01/26
, as last amended by Laws of Utah 2023, Chapters 34, 253
73-10-4
Effective
07/01/26
Partially Repealed
12/31/30
, as last amended by Laws of
Utah 2025, Chapter 119
73-10-18
Effective
07/01/26
, as last amended by Laws of Utah 2025, Chapter 93
73-10-32
Effective
07/01/26
, as last amended by Laws of Utah 2023, Chapters 238, 435
79-2-201
Effective
07/01/26
Partially Repealed
07/01/29
, as last amended by Laws of
Utah 2025, Chapter 93
ENACTS:
73-34-103
Effective
07/01/26
, Utah Code Annotated 1953
RENUMBERS AND AMENDS:
73-34-101
Effective
07/01/26
, (Renumbered from 63M-14-102, as enacted by
Laws of Utah 2021, Chapter 179)
73-34-102
Effective
07/01/26
, (Renumbered from 63M-14-103, as enacted by
Laws of Utah 2021, Chapter 179)
73-34-201
Effective
07/01/26
, (Renumbered from 63M-14-201, as enacted by
Laws of Utah 2021, Chapter 179)
73-34-202
Effective
07/01/26
, (Renumbered from 63M-14-202, as last amended
by Laws of Utah 2024, Chapter 443)
73-34-203
Effective
07/01/26
, (Renumbered from 63M-14-203, as last amended
by Laws of Utah 2022, Chapter 98)
73-34-204
Effective
07/01/26
, (Renumbered from 63M-14-204, as enacted by
Laws of Utah 2021, Chapter 179)
73-34-205
Effective
07/01/26
, (Renumbered from 63M-14-205, as last amended
by Laws of Utah 2024, Chapter 135)
73-34-206
Effective
07/01/26
, (Renumbered from 63M-14-207, as enacted by
Laws of Utah 2021, Chapter 179)
73-34-207
Effective
07/01/26
, (Renumbered from 63M-14-208, as enacted by
Laws of Utah 2021, Chapter 179)
73-34-208
Effective
07/01/26
, (Renumbered from 63M-14-209, as last amended
by Laws of Utah 2022, Chapter 98)
73-34-209
Effective
07/01/26
, (Renumbered from 63M-14-210, as last amended
by Laws of Utah 2022, Chapter 98)
73-34-301
Effective
07/01/26
, (Renumbered from 63M-14-301, as enacted by
Laws of Utah 2021, Chapter 179 and further amended by Revisor Instructions, Laws of Utah
2021, Chapter 179)
73-34-302
Effective
07/01/26
, (Renumbered from 63M-14-302, as enacted by
Laws of Utah 2021, Chapter 179)
73-34-303
Effective
07/01/26
, (Renumbered from 63M-14-304, as enacted by
Laws of Utah 2021, Chapter 179)
73-34-304
Effective
07/01/26
, (Renumbered from 63M-14-305, as enacted by
Laws of Utah 2021, Chapter 179)
73-34-305
Effective
07/01/26
, (Renumbered from 63M-14-306, as enacted by
Laws of Utah 2021, Chapter 179)
73-34-401
Effective
07/01/26
, (Renumbered from 63M-14-401, as enacted by
Laws of Utah 2021, Chapter 179)
73-34-402
Effective
07/01/26
, (Renumbered from 63M-14-402, as enacted by
Laws of Utah 2021, Chapter 179)
73-34-501
Effective
07/01/26
, (Renumbered from 63M-14-502, as enacted by
Laws of Utah 2021, Chapter 179)
REPEALS:
63M-14-101
Effective
07/01/26
, as enacted by Laws of Utah 2021, Chapter 179
63M-14-303
Effective
07/01/26
, as enacted by Laws of Utah 2021, Chapter 179
63M-14-501
Effective
07/01/26
, as enacted by Laws of Utah 2021, Chapter 179
Be it enacted by the Legislature of the state of Utah:
Section 1. Section
63G-2-305
is amended to read:
63G-2-305
Effective
07/01/26
. Protected records.
The following records are protected if properly classified by a governmental entity:
(1)
trade secrets as defined in Section
13-24-2
if the person submitting the trade secret has
provided the governmental entity with the information specified in Section
63G-2-309
;
(2)
commercial information or nonindividual financial information obtained from a person
if:
(a)
disclosure of the information could reasonably be expected to result in unfair
competitive injury to the person submitting the information or would impair the
ability of the governmental entity to obtain necessary information in the future;
(b)
the person submitting the information has a greater interest in prohibiting access than
the public in obtaining access; and
(c)
the person submitting the information has provided the governmental entity with the
information specified in Section
63G-2-309
;
(3)
commercial or financial information acquired or prepared by a governmental entity to
the extent that disclosure would lead to financial speculations in currencies, securities, or
commodities that will interfere with a planned transaction by the governmental entity or
cause substantial financial injury to the governmental entity or state economy;
(4)
records, the disclosure of which could cause commercial injury to, or confer a
competitive advantage upon a potential or actual competitor of, a commercial project
entity as defined in Subsection
11-13-103(4)
;
(5)
test questions and answers to be used in future license, certification, registration,
employment, or academic examinations;
(6)
records, the disclosure of which would impair governmental procurement proceedings
or give an unfair advantage to any person proposing to enter into a contract or agreement
with a governmental entity, except, subject to Subsections
(1)
and
(2)
, that this
Subsection
(6)
does not restrict the right of a person to have access to, after the contract
or grant has been awarded and signed by all parties:
(a)
a bid, proposal, application, or other information submitted to or by a governmental
entity in response to:
(i)
an invitation for bids;
(ii)
a request for proposals;
(iii)
a request for quotes;
(iv)
a grant; or
(v)
other similar document; or
(b)
an unsolicited proposal, as defined in Section
63G-6a-712
;
(7)
information submitted to or by a governmental entity in response to a request for
information, except, subject to Subsections
(1)
and
(2)
, that this Subsection
(7)
does not
restrict the right of a person to have access to the information, after:
(a)
a contract directly relating to the subject of the request for information has been
awarded and signed by all parties; or
(b)
(i)
a final determination is made not to enter into a contract that relates to the
subject of the request for information; and
(ii)
at least two years have passed after the day on which the request for information
is issued;
(8)
records that would identify real property or the appraisal or estimated value of real or
personal property, including intellectual property, under consideration for public
acquisition before any rights to the property are acquired unless:
(a)
public interest in obtaining access to the information is greater than or equal to the
governmental entity's need to acquire the property on the best terms possible;
(b)
the information has already been disclosed to persons not employed by or under a
duty of confidentiality to the entity;
(c)
in the case of records that would identify property, potential sellers of the described
property have already learned of the governmental entity's plans to acquire the
property;
(d)
in the case of records that would identify the appraisal or estimated value of
property, the potential sellers have already learned of the governmental entity's
estimated value of the property; or
(e)
the property under consideration for public acquisition is a single family residence
and the governmental entity seeking to acquire the property has initiated negotiations
to acquire the property as required under Section
78B-6-505
;
(9)
records prepared in contemplation of sale, exchange, lease, rental, or other compensated
transaction of real or personal property including intellectual property, which, if
disclosed
prior to
before
completion of the transaction, would reveal the appraisal or
estimated value of the subject property, unless:
(a)
the public interest in access is greater than or equal to the interests in restricting
access, including the governmental entity's interest in maximizing the financial
benefit of the transaction; or
(b)
when prepared by or on behalf of a governmental entity, appraisals or estimates of
the value of the subject property have already been disclosed to persons not
employed by or under a duty of confidentiality to the entity;
(10)
records created or maintained for civil, criminal, or administrative enforcement
purposes or audit purposes, or for discipline, licensing, certification, or registration
purposes, if release of the records:
(a)
reasonably could be expected to interfere with investigations undertaken for
enforcement, discipline, licensing, certification, or registration purposes;
(b)
reasonably could be expected to interfere with audits, disciplinary, or enforcement
proceedings;
(c)
would create a danger of depriving a person of a right to a fair trial or impartial
hearing;
(d)
reasonably could be expected to disclose the identity of a source who is not generally
known outside of government and, in the case of a record compiled in the course of
an investigation, disclose information furnished by a source not generally known
outside of government if disclosure would compromise the source; or
(e)
reasonably could be expected to disclose investigative or audit techniques,
procedures, policies, or orders not generally known outside of government if
disclosure would interfere with enforcement or audit efforts;
(11)
records the disclosure of which would jeopardize the life or safety of an individual;
(12)
records the disclosure of which would jeopardize the security of governmental
property, governmental programs, or governmental recordkeeping systems from
damage, theft, or other appropriation or use contrary to law or public policy;
(13)
records that, if disclosed, would jeopardize the security or safety of a correctional
facility, or records relating to incarceration, treatment, probation, or parole, that would
interfere with the control and supervision of an offender's incarceration, treatment,
probation, or parole;
(14)
records that, if disclosed, would reveal recommendations made to the Board of
Pardons and Parole by an employee of or contractor for the Department of Corrections,
the Board of Pardons and Parole, or the Department of Health and Human Services that
are based on the employee's or contractor's supervision, diagnosis, or treatment of any
person within the board's jurisdiction;
(15)
records and audit workpapers that identify audit, collection, and operational procedures
and methods used by the State Tax Commission, if disclosure would interfere with
audits or collections;
(16)
records of a governmental audit agency relating to an ongoing or planned audit until
the final audit is released;
(17)
records that are subject to the attorney client privilege;
(18)
records prepared for or by an attorney, consultant, surety, indemnitor, insurer,
employee, or agent of a governmental entity for, or in anticipation of, litigation or a
judicial, quasi-judicial, or administrative proceeding;
(19)
(a)
(i)
personal files of a state legislator, including personal correspondence to or
from a member of the Legislature; and
(ii)
notwithstanding Subsection
(19)(a)(i)
, correspondence that gives notice of
legislative action or policy may not be classified as protected under this section;
and
(b)
(i)
an internal communication that is part of the deliberative process in connection
with the preparation of legislation between:
(A)
members of a legislative body;
(B)
a member of a legislative body and a member of the legislative body's staff; or
(C)
members of a legislative body's staff; and
(ii)
notwithstanding Subsection
(19)(b)(i)
, a communication that gives notice of
legislative action or policy may not be classified as protected under this section;
(20)
(a)
records in the custody or control of the Office of Legislative Research and
General Counsel, that, if disclosed, would reveal a particular legislator's
contemplated legislation or contemplated course of action before the legislator has
elected to support the legislation or course of action, or made the legislation or course
of action public; and
(b)
notwithstanding Subsection
(20)(a)
, the form to request legislation submitted to the
Office of Legislative Research and General Counsel is a public document unless a
legislator asks that the records requesting the legislation be maintained as protected
records until such time as the legislator elects to make the legislation or course of
action public;
(21)
a research request from a legislator to a legislative staff member and research findings
prepared in response to the request;
(22)
drafts, unless otherwise classified as public;
(23)
records concerning a governmental entity's strategy about:
(a)
collective bargaining; or
(b)
imminent or pending litigation;
(24)
records of investigations of loss occurrences and analyses of loss occurrences that may
be covered by the Risk Management Fund, the Employers' Reinsurance Fund, the
Uninsured Employers' Fund, or similar divisions in other governmental entities;
(25)
records, other than personnel evaluations, that contain a personal recommendation
concerning an individual if disclosure would constitute a clearly unwarranted invasion
of personal privacy, or disclosure is not in the public interest;
(26)
records that reveal the location of historic, prehistoric, paleontological, or biological
resources that if known would jeopardize the security of those resources or of valuable
historic, scientific, educational, or cultural information;
(27)
records of independent state agencies if the disclosure of the records would conflict
with the fiduciary obligations of the agency;
(28)
records of an institution of higher education defined in Section
53H-1-101
regarding
tenure evaluations, appointments, applications for admissions, retention decisions, and
promotions, which could be properly discussed in a meeting closed in accordance with
Title
52, Chapter 4
, Open and Public Meetings Act, provided that records of the final
decisions about tenure, appointments, retention, promotions, or those students admitted,
may not be classified as protected under this section;
(29)
records of the governor's office, including budget recommendations, legislative
proposals, and policy statements, that if disclosed would reveal the governor's
contemplated policies or contemplated courses of action before the governor has
implemented or rejected those policies or courses of action or made them public;
(30)
records of the Office of the Legislative Fiscal Analyst relating to budget analysis,
revenue estimates, and fiscal notes of proposed legislation before issuance of the final
recommendations in these areas;
(31)
records provided by the United States or by a government entity outside the state that
are given to the governmental entity with a requirement that they be managed as
protected records if the providing entity certifies that the record would not be subject to
public disclosure if retained by it;
(32)
transcripts, minutes, recordings, or reports of the closed portion of a meeting of a
public body except as provided in Section
52-4-206
;
(33)
records that would reveal the contents of settlement negotiations but not including final
settlements or empirical data to the extent that they are not otherwise exempt from
disclosure;
(34)
memoranda prepared by staff and used in the decision-making process by an
administrative law judge, a member of the Board of Pardons and Parole, or a member of
any other body charged by law with performing a quasi-judicial function;
(35)
records that would reveal negotiations regarding assistance or incentives offered by or
requested from a governmental entity for the purpose of encouraging a person to expand
or locate a business in Utah, but only if disclosure would result in actual economic harm
to the person or place the governmental entity at a competitive disadvantage, but this
section may not be used to restrict access to a record evidencing a final contract;
(36)
materials to which access must be limited for purposes of securing or maintaining the
governmental entity's proprietary protection of intellectual property rights including
patents, copyrights, and trade secrets;
(37)
the name of a donor or a prospective donor to a governmental entity, including an
institution of higher education defined in Section
53H-1-101
, and other information
concerning the donation that could reasonably be expected to reveal the identity of the
donor, provided that:
(a)
the donor requests anonymity in writing;
(b)
any terms, conditions, restrictions, or privileges relating to the donation may not be
classified protected by the governmental entity under this Subsection
(37)
; and
(c)
except for an institution of higher education defined in Section
53H-1-101
, the
governmental unit to which the donation is made is primarily engaged in educational,
charitable, or artistic endeavors, and has no regulatory or legislative authority over
the donor, a member of the donor's immediate family, or any entity owned or
controlled by the donor or the donor's immediate family;
(38)
accident reports, except as provided in Sections
41-6a-404
,
41-12a-202
, and
73-18-13
;
(39)
a notification of workers' compensation insurance coverage described in Section
34A-2-205
;
(40)
subject to Subsections
(40)(g)
and
(h)
, the following records of an institution of higher
education defined in Section
53H-1-101
, which have been developed, discovered,
disclosed to, or received by or on behalf of faculty, staff, employees, or students of the
institution:
(a)
unpublished lecture notes;
(b)
unpublished notes, data, and information:
(i)
relating to research; and
(ii)
of:
(A)
the institution of higher education defined in Section
53H-1-101
; or
(B)
a sponsor of sponsored research;
(c)
unpublished manuscripts;
(d)
creative works in process;
(e)
scholarly correspondence;
and
(f)
confidential information contained in research proposals;
(g)
this Subsection
(40)
may not be construed to prohibit disclosure of public
information required
pursuant to
in accordance with
Subsection
53H-14-202(2)(a)

or (b); and
(h)
this Subsection
(40)
may not be construed to affect the ownership of a record;
(41)
(a)
records in the custody or control of the Office of the Legislative Auditor General
that would reveal the name of a particular legislator who requests a legislative audit
prior to the date that audit is completed and made public; and
(b)
notwithstanding Subsection
(41)(a)
, a request for a legislative audit submitted to the
Office of the Legislative Auditor General is a public document unless the legislator
asks that the records in the custody or control of the Office of the Legislative Auditor
General that would reveal the name of a particular legislator who requests a
legislative audit be maintained as protected records until the audit is completed and
made public;
(42)
records that provide detail as to the location of an explosive, including a map or other
document that indicates the location of:
(a)
a production facility; or
(b)
a magazine;
(43)
information contained in the statewide database of the Division of Aging and Adult
Services created by Section
26B-6-210
;
(44)
information contained in the Licensing Information System described in Title
80,
Chapter 2
, Child Welfare Services;
(45)
information regarding National Guard operations or activities in support of the
National Guard's federal mission;
(46)
records provided by any pawn or secondhand business to a law enforcement agency or
to the central database in compliance with Title
13, Chapter 32a
, Pawnshop, Secondhand
Merchandise, and Catalytic Converter Transaction Information Act;
(47)
information regarding food security, risk, and vulnerability assessments performed by
the Department of Agriculture and Food;
(48)
except to the extent that the record is exempt from this chapter
pursuant to
in
accordance with
Section
63G-2-106
, records related to an emergency plan or program, a
copy of which is provided to or prepared or maintained by the Division of Emergency
Management, and the disclosure of which would jeopardize:
(a)
the safety of the general public; or
(b)
the security of:
(i)
governmental property;
(ii)
governmental programs; or
(iii)
the property of a private person who provides the Division of Emergency
Management information;
(49)
records of the Department of Agriculture and Food that provides for the identification,
tracing, or control of livestock diseases, including any program established under Title
4, Chapter 24
, Utah Livestock Brand and Anti-Theft Act, or Title
4, Chapter 31
, Control
of Animal Disease;
(50)
as provided in Section
26B-2-709
:
(a)
information or records held by the Department of Health and Human Services related
to a complaint regarding a provider, program, or facility which the department is
unable to substantiate; and
(b)
information or records related to a complaint received by the Department of Health
and Human Services from an anonymous complainant regarding a provider, program,
or facility;
(51)
unless otherwise classified as public under Section
63G-2-301
and except as provided
under Section
41-1a-116
, an individual's home address, home telephone number, or
personal mobile phone number, if:
(a)
the individual is required to provide the information in order to comply with a law,
ordinance, rule, or order of a government entity; and
(b)
the subject of the record has a reasonable expectation that this information will be
kept confidential due to:
(i)
the nature of the law, ordinance, rule, or order; and
(ii)
the individual complying with the law, ordinance, rule, or order;
(52)
the portion of the following documents that contains a candidate's residential or
mailing address, if the candidate provides to the filing officer another address or phone
number where the candidate may be contacted:
(a)
a declaration of candidacy, a nomination petition, or a certificate of nomination,
described in Section
20A-9-201
,
20A-9-202
,
20A-9-203
,
20A-9-404
,
20A-9-405
,
20A-9-408
,
20A-9-408.5
,
20A-9-502
, or
20A-9-601
;
(b)
an affidavit of impecuniosity, described in Section
20A-9-201
; or
(c)
a notice of intent to gather signatures for candidacy, described in Section
20A-9-408
;
(53)
the name, home address, work addresses, and telephone numbers of an individual that
is engaged in, or that provides goods or services for, medical or scientific research that is:
(a)
conducted within the state system of higher education, as described in Section
53H-1-102
; and
(b)
conducted using animals;
(54)
in accordance with Section
78A-12-203
, any record of the Judicial Performance
Evaluation Commission concerning an individual commissioner's vote, in relation to
whether a judge meets or exceeds minimum performance standards under Subsection
78A-12-203(4)
, and information disclosed under Subsection
78A-12-203(5)(e)
;
(55)
information collected and a report prepared by the Judicial Performance Evaluation
Commission concerning a judge, unless Section
20A-7-702
or Title
78A, Chapter 12
,
Judicial Performance Evaluation Commission Act, requires disclosure of, or makes
public, the information or report;
(56)
records provided or received by the Public Lands Policy Coordinating Office in
furtherance of any contract or other agreement made in accordance with Section
63L-11-202
;
(57)
information requested by and provided to the 911 Division under Section
63H-7a-302
;
(58)
in accordance with Section
73-10-33
:
(a)
a management plan for a water conveyance facility in the possession of the Division
of Water Resources or the Board of Water Resources; or
(b)
an outline of an emergency response plan in possession of the state or a county or
municipality;
(59)
the following records in the custody or control of the Office of Inspector General of
Medicaid Services, created in Section
63A-13-201
:
(a)
records that would disclose information relating to allegations of personal
misconduct, gross mismanagement, or illegal activity of a person if the information
or allegation cannot be corroborated by the Office of Inspector General of Medicaid
Services through other documents or evidence, and the records relating to the
allegation are not relied upon by the Office of Inspector General of Medicaid
Services in preparing a final investigation report or final audit report;
(b)
records and audit workpapers to the extent they would disclose the identity of a
person who, during the course of an investigation or audit, communicated the
existence of any Medicaid fraud, waste, or abuse, or a violation or suspected
violation of a law, rule, or regulation adopted under the laws of this state, a political
subdivision of the state, or any recognized entity of the United States, if the
information was disclosed on the condition that the identity of the person be
protected;
(c)
before the time that an investigation or audit is completed and the final investigation
or final audit report is released, records or drafts circulated to a person who is not an
employee or head of a governmental entity for the person's response or information;
(d)
records that would disclose an outline or part of any investigation, audit survey plan,
or audit program; or
(e)
requests for an investigation or audit, if disclosure would risk circumvention of an
investigation or audit;
(60)
records that reveal methods used by the Office of Inspector General of Medicaid
Services, the fraud unit, or the Department of Health and Human Services, to discover
Medicaid fraud, waste, or abuse;
(61)
information provided to the Department of Health and Human Services or the Division
of Professional Licensing under Subsections
58-67-304(3)
and
(4)
and Subsections
58-68-304(3)
and
(4)
;
(62)
a record described in Section
63G-12-210
;
(63)
captured plate data that is obtained through an automatic license plate reader system
used by a governmental entity as authorized in Section
41-6a-2003
;
(64)
an audio or video recording created by a body-worn camera, as that term is defined in
Section
77-7a-103
, that records sound or images inside a hospital or health care facility
as those terms are defined in Section
78B-3-403
, inside a clinic of a health care provider,
as that term is defined in Section
78B-3-403
, or inside a human service program as that
term is defined in Section
26B-2-101
, except for recordings that:
(a)
depict the commission of an alleged crime;
(b)
record any encounter between a law enforcement officer and a person that results in
death or bodily injury, or includes an instance when an officer fires a weapon;
(c)
record any encounter that is the subject of a complaint or a legal proceeding against a
law enforcement officer or law enforcement agency;
(d)
contain an officer involved critical incident as defined in Subsection
76-2-408(1)(f)
;
or
(e)
have been requested for reclassification as a public record by a subject or authorized
agent of a subject featured in the recording;
(65)
a record pertaining to the search process for a president of an institution of higher
education described in Section
53H-3-302
;
(66)
an audio recording that is:
(a)
produced by an audio recording device that is used in conjunction with a device or
piece of equipment designed or intended for resuscitating an individual or for treating
an individual with a life-threatening condition;
(b)
produced during an emergency event when an individual employed to provide law
enforcement, fire protection, paramedic, emergency medical, or other first responder
service:
(i)
is responding to an individual needing resuscitation or with a life-threatening
condition; and
(ii)
uses a device or piece of equipment designed or intended for resuscitating an
individual or for treating an individual with a life-threatening condition; and
(c)
intended and used for purposes of training emergency responders how to improve
their response to an emergency situation;
(67)
records submitted by or prepared in relation to an applicant seeking a recommendation
by the Research and General Counsel Subcommittee, the Budget Subcommittee, or the
Legislative Audit Subcommittee, established under Section
36-12-8
, for an employment
position with the Legislature;
(68)
work papers as defined in Section
31A-2-204
;
(69)
a record made available to Adult Protective Services or a law enforcement agency
under Section
61-1-206
;
(70)
a record submitted to the Insurance Department in accordance with Section
31A-37-201
;
(71)
a record described in Section
31A-37-503
;
(72)
any record created by the Division of Professional Licensing as a result of Subsection
58-37f-304(5)
or
58-37f-702(2)(a)(ii)
;
(73)
a record described in Section
72-16-306
that relates to the reporting of an injury
involving an amusement ride;
(74)
except as provided in Subsection
63G-2-305.5(1)
, the signature of an individual on a
political petition, or on a request to withdraw a signature from a political petition,
including a petition or request described in the following titles:
(a)
Title
10, Utah Municipal Code
;
(b)
Title
17, Counties
;
(c)
Title
17B, Limited Purpose Local Government Entities - Special Districts
;
(d)
Title
17D, Limited Purpose Local Government Entities - Other Entities
; and
(e)
Title
20A, Election Code
;
(75)
except as provided in Subsection
63G-2-305.5(2)
, the signature of an individual in a
voter registration record;
(76)
except as provided in Subsection
63G-2-305.5(3)
, any signature, other than a signature
described in Subsection
(74)
or
(75)
, in the custody of the lieutenant governor or a local
political subdivision collected or held under, or in relation to, Title
20A, Election Code
;
(77)
a Form I-918 Supplement B certification as described in Title
77, Chapter 38, Part 5
,
Victims Guidelines for Prosecutors Act;
(78)
a record submitted to the Insurance Department under Section
31A-48-103
;
(79)
personal information, as defined in Section
63G-26-102
, to the extent disclosure is
prohibited under Section
63G-26-103
;
(80)
an image taken of an individual during the process of booking the individual into jail,
unless:
(a)
the individual is convicted of a criminal offense based upon the conduct for which
the individual was incarcerated at the time the image was taken;
(b)
a law enforcement agency releases or disseminates the image:
(i)
after determining that the individual is a fugitive or an imminent threat to an
individual or to public safety and releasing or disseminating the image will assist
in apprehending the individual or reducing or eliminating the threat; or
(ii)
to a potential witness or other individual with direct knowledge of events relevant
to a criminal investigation or criminal proceeding for the purpose of identifying or
locating an individual in connection with the criminal investigation or criminal
proceeding;
(c)
a judge orders the release or dissemination of the image based on a finding that the
release or dissemination is in furtherance of a legitimate law enforcement interest; or
(d)
the image is displayed to a person who is permitted to view the image under Section
17-72-802
;
(81)
a record:
(a)
concerning an interstate claim to the use of waters in the Colorado River system;
(b)
relating to a judicial proceeding, administrative proceeding, or negotiation with a
representative from another state or the federal government as provided in Section
63M-14-205
73-34-205
; and
(c)
the disclosure of which would:
(i)
reveal a legal strategy relating to the state's claim to the use of the water in the
Colorado River system;
(ii)
harm the ability of the Colorado River Authority of Utah or river commissioner to
negotiate the best terms and conditions regarding the use of water in the Colorado
River system; or
(iii)
give an advantage to another state or to the federal government in negotiations
regarding the use of water in the Colorado River system;
(82)
any part of an application described in Section
63N-16-201
that the Governor's Office
of Economic Opportunity determines is nonpublic, confidential information that if
disclosed would result in actual economic harm to the applicant, but this Subsection
(82)

may not be used to restrict access to a record evidencing a final contract or approval
decision;
(83)
the following records of a drinking water or wastewater facility:
(a)
an engineering or architectural drawing of the drinking water or wastewater facility;
and
(b)
except as provided in Section
63G-2-106
, a record detailing tools or processes the
drinking water or wastewater facility uses to secure, or prohibit access to, the records
described in Subsection
(83)(a)
;
(84)
a statement that an employee of a governmental entity provides to the governmental
entity as part of the governmental entity's personnel or administrative investigation into
potential misconduct involving the employee if the governmental entity:
(a)
requires the statement under threat of employment disciplinary action, including
possible termination of employment, for the employee's refusal to provide the
statement; and
(b)
provides the employee assurance that the statement cannot be used against the
employee in any criminal proceeding;
(85)
any part of an application for a Utah Fits All Scholarship account described in Section
53F-6-402
or other information identifying a scholarship student as defined in Section
53F-6-401
;
(86)
a record:
(a)
concerning a claim to the use of waters in the Great Salt Lake;
(b)
relating to a judicial proceeding, administrative proceeding, or negotiation with a
person concerning the claim, including a representative from another state or the
federal government; and
(c)
the disclosure of which would:
(i)
reveal a legal strategy relating to the state's claim to the use of the water in the
Great Salt Lake;
(ii)
harm the ability of the Great Salt Lake commissioner to negotiate the best terms
and conditions regarding the use of water in the Great Salt Lake; or
(iii)
give an advantage to another person including another state or to the federal
government in negotiations regarding the use of water in the Great Salt Lake;
(87)
a consumer complaint described in Section
13-2-11
, unless the consumer complaint is
reclassified as public as described in Subsection
13-2-11(4)
13-2-11(3)
;
(88)
a record of the Utah water agent, appointed under Section
73-10g-702
:
(a)
concerning a claim to the use of waters;
(b)
relating to a judicial proceeding, administrative proceeding, or negotiation with a
representative from another state, a tribe, the federal government, or other
government entity as provided in
Title
73, Ch
apter
10g, Part 7, Utah Water Agent;
and
(c)
the disclosure of which would:
(i)
reveal a legal strategy relating to the state's claim to the use of the water;
(ii)
harm the ability of the Utah water agent to negotiate the best terms and conditions
regarding the use of water; or
(iii)
give an advantage to another state, a tribe, the federal government, or other
government entity in negotiations regarding the use of water; and
(89)
a record created or maintained for an investigation of the Prosecutor Conduct
Commission, created in Section
63M-7-1102
, that contains any personal identifying
information of a prosecuting attorney, including:
(a)
a complaint, or a document that is submitted or created for a complaint, received by
the Prosecutor Conduct Commission; or
(b)
a finding by the Prosecutor Conduct Commission.
Section 2. Section
63G-6a-103
is amended to read:
63G-6a-103
Effective
07/01/26
. Definitions.
As used in this chapter:
(1)
"Approved vendor" means a person who has been approved for inclusion on an
approved vendor list through the approved vendor list process.
(2)
"Approved vendor list" means a list of approved vendors established under Section
63G-6a-507
.
(3)
"Approved vendor list process" means the procurement process described in Section
63G-6a-507
.
(4)
(a)
"Award" means, in relation to a contract, a procurement unit's selection of a
vendor to supply a procurement item after the procurement unit engages in:
(i)
a standard procurement process; or
(ii)
an exception to a standard procurement process under Part
8, Exceptions to
Procurement Requirements
.
(b)
"Award" does not mean, in relation to a contract, a procurement unit's offer or
acceptance of any terms or conditions related to the procurement unit's acquisition or
receipt of the procurement item.
(5)
"Bidder" means a person who submits a bid or price quote in response to an invitation
for bids.
(6)
"Bidding process" means the procurement process described in Part 6, Bidding.
(7)
"Board" means the Utah State Procurement Policy Board, created in Section
63G-6a-202
.
(8)
"Change directive" means a written order signed by the procurement officer that directs
the contractor to suspend work or make changes, as authorized by contract, without the
consent of the contractor.
(9)
"Change order" means a written alteration in specifications, delivery point, rate of
delivery, period of performance, price, quantity, or other provisions of a contract, upon
mutual agreement of the parties to the contract.
(10)
"Chief procurement officer" means the individual appointed under Section
63A-2-102
.
(11)
"Conducting procurement unit" means a procurement unit that conducts all aspects of a
procurement:
(a)
except:
(i)
reviewing a solicitation to verify that it is in proper form; and
(ii)
causing the publication of a notice of a solicitation; and
(b)
including:
(i)
preparing any solicitation document;
(ii)
appointing an evaluation committee;
(iii)
conducting the evaluation process, except the process relating to scores
calculated for costs of proposals;
(iv)
selecting and recommending the person to be awarded a contract;
(v)
negotiating the terms and conditions of a contract, subject to the issuing
procurement unit's approval; and
(vi)
contract administration.
(12)
"Conservation district" means the same as that term is defined in Section
17D-3-102
.
(13)
"Construction project":
(a)
means a project for the construction, renovation, alteration, improvement, or repair of
a public facility on real property, including all services, labor, supplies, and materials
for the project; and
(b)
does not include services and supplies for the routine, day-to-day operation, repair,
or maintenance of an existing public facility.
(14)
"Construction manager/general contractor":
(a)
means a contractor who enters into a contract:
(i)
for the management of a construction project; and
(ii)
that allows the contractor to subcontract for additional labor and materials that are
not included in the contractor's cost proposal submitted at the time of the
procurement of the contractor's services; and
(b)
does not include a contractor whose only subcontract work not included in the
contractor's cost proposal submitted as part of the procurement of the contractor's
services is to meet subcontracted portions of change orders approved within the
scope of the project.
(15)
"Construction subcontractor":
(a)
means a person under contract with a contractor or another subcontractor to provide
services or labor for the design or construction of a construction project;
(b)
includes a general contractor or specialty contractor licensed or exempt from
licensing under Title
58, Chapter 55
, Utah Construction Trades Licensing Act; and
(c)
does not include a supplier who provides only materials, equipment, or supplies to a
contractor or subcontractor for a construction project.
(16)
"Contract" means an agreement for a procurement.
(17)
"Contract administration" means all functions, duties, and responsibilities associated
with managing, overseeing, and carrying out a contract between a procurement unit and
a contractor, including:
(a)
implementing the contract;
(b)
ensuring compliance with the contract terms and conditions by the conducting
procurement unit and the contractor;
(c)
executing change orders;
(d)
processing contract amendments;
(e)
resolving, to the extent practicable, contract disputes;
(f)
curing contract errors and deficiencies;
(g)
terminating a contract;
(h)
measuring or evaluating completed work and contractor performance;
(i)
computing payments under the contract; and
(j)
closing out a contract.
(18)
"Contractor" means a person who is awarded a contract with a procurement unit.
(19)
"Cooperative procurement" means procurement conducted by, or on behalf of:
(a)
more than one procurement unit; or
(b)
a procurement unit and a cooperative purchasing organization.
(20)
"Cooperative purchasing organization" means an organization, association, or alliance
of purchasers established to combine purchasing power in order to obtain the best value
for the purchasers by engaging in procurements in accordance with Section
63G-6a-2105
.
(21)
"Cost-plus-a-percentage-of-cost contract" means a contract under which the contractor
is paid a percentage of the total actual expenses or costs in addition to the contractor's
actual expenses or costs.
(22)
"Cost-reimbursement contract" means a contract under which a contractor is
reimbursed for costs which are allowed and allocated in accordance with the contract
terms and the provisions of this chapter, and a fee, if any.
(23)
"Days" means calendar days, unless expressly provided otherwise.
(24)
"Definite quantity contract" means a fixed price contract that provides for a specified
amount of supplies over a specified period, with deliveries scheduled according to a
specified schedule.
(25)
"Design professional" means:
(a)
an individual licensed as an architect under Title
58, Chapter 3a
, Architects
Licensing Act;
(b)
an individual licensed as a professional engineer or professional land surveyor under
Title
58, Chapter 22
, Professional Engineers and Professional Land Surveyors
Licensing Act;
(c)
an individual licensed under Title
58, Chapter 53
, Landscape Architects Licensing
Act, to engage in the practice of landscape architecture, as defined in Section
58-53-102
; or
(d)
an individual certified as a commercial interior designer under Title
58, Chapter 86
,
State Certification of Commercial Interior Designers Act.
(26)
"Design professional procurement process" means the procurement process described
in Part
15, Design Professional Services
.
(27)
"Design professional services" means:
(a)
professional services within the scope of the practice of architecture as defined in
Section
58-3a-102
;
(b)
professional engineering as defined in Section
58-22-102
;
(c)
master planning and programming services;
(d)
professional services within the scope of the practice of landscape architecture, as
defined in Section
58-53-102
; or
(e)
services within the scope of the practice of commercial interior design, as defined in
Section
58-86-102
.
(28)
"Design-build" means the procurement of design professional services and
construction by the use of a single contract.
(29)
"Division" means the Division of Purchasing and General Services, created in Section
63A-2-101
.
(30)
"Educational procurement unit" means:
(a)
a school district;
(b)
a public school, including a local school board or a charter school;
(c)
the Utah Schools for the Deaf and the Blind;
(d)
the Utah Education and Telehealth Network;
(e)
an institution of higher education of the state described in Section
53H-1-102
; or
(f)
the State Board of Education.
(31)
"Established catalogue price" means the price included in a catalogue, price list,
schedule, or other form that:
(a)
is regularly maintained by a manufacturer or contractor;
(b)
is published or otherwise available for inspection by customers; and
(c)
states prices at which sales are currently or were last made to a significant number of
any category of buyers or buyers constituting the general buying public for the
supplies or services involved.
(32)
(a)
"Executive branch procurement unit" means a department, division, office,
bureau, agency, or other organization within the state executive branch.
(b)
"Executive branch procurement unit" does not include the Colorado River Authority
of Utah as provided in Section
63M-14-210
73-34-209
.
(33)
"Facilities division" means the Division of Facilities Construction and Management,
created in Section
63A-5b-301
.
(34)
"Fixed price contract" means a contract that provides a price, for each procurement
item obtained under the contract, that is not subject to adjustment except to the extent
that:
(a)
the contract provides, under circumstances specified in the contract, for an
adjustment in price that is not based on cost to the contractor; or
(b)
an adjustment is required by law.
(35)
"Fixed price contract with price adjustment" means a fixed price contract that provides
for an upward or downward revision of price, precisely described in the contract, that:
(a)
is based on the consumer price index or another commercially acceptable index,
source, or formula; and
(b)
is not based on a percentage of the cost to the contractor.
(36)
"Grant" means an expenditure of public funds or other assistance, or an agreement to
expend public funds or other assistance, for a public purpose authorized by law, without
acquiring a procurement item in exchange.
(37)
"Human services procurement item" means a procurement item used to provide
services or support to a child, youth, adult, or family.
(38)
"Immaterial error":
(a)
means an irregularity or abnormality that is:
(i)
a matter of form that does not affect substance; or
(ii)
an inconsequential variation from a requirement of a solicitation that has no, little,
or a trivial effect on the procurement process and that is not prejudicial to other
vendors; and
(b)
includes:
(i)
a missing signature, missing acknowledgment of an addendum, or missing copy of
a professional license, bond, or insurance certificate;
(ii)
a typographical error;
(iii)
an error resulting from an inaccuracy or omission in the solicitation; and
(iv)
any other error that the procurement official reasonably considers to be
immaterial.
(39)
"Indefinite quantity contract" means a fixed price contract that:
(a)
is for an indefinite amount of procurement items to be supplied as ordered by a
procurement unit; and
(b)
(i)
does not require a minimum purchase amount; or
(ii)
provides a maximum purchase limit.
(40)
"Independent procurement unit" means:
(a)
(i)
a legislative procurement unit;
(ii)
a judicial branch procurement unit;
(iii)
an educational procurement unit;
(iv)
a local governmental procurement unit;
(v)
a conservation district;
(vi)
a local building authority;
(vii)
a special district;
(viii)
a public corporation;
(ix)
a special service district; or
(x)
the Utah Communications Authority, established in Section
63H-7a-201
;
(b)
the facilities division, but only to the extent of the procurement authority provided
under Title
63A, Chapter 5b
, Administration of State Facilities;
(c)
the attorney general, but only to the extent of the procurement authority provided
under Title
67, Chapter 5
, Attorney General;
(d)
the Department of Transportation, but only to the extent of the procurement authority
provided under Title
72, Transportation Code
;
(e)
the Department of Health and Human Services, but only for the procurement of a
human services procurement item; or
(f)
any other executive branch department, division, office, or entity that has statutory
procurement authority outside this chapter, but only to the extent of that statutory
procurement authority.
(41)
(a)
"Interlocal entity" means a separate political subdivision created under Title
11,
Chapter 13
, Interlocal Cooperation Act.
(b)
"Interlocal entity" does not include a project entity.
(42)
"Invitation for bids":
(a)
means a document used to solicit:
(i)
bids to provide a procurement item to a procurement unit; or
(ii)
quotes for a price of a procurement item to be provided to a procurement unit; and
(b)
includes all documents attached to or incorporated by reference in a document
described in Subsection
(42)(a)
.
(43)
"Issuing procurement unit" means a procurement unit that:
(a)
reviews a solicitation to verify that
it
the solicitation
is in proper form;
(b)
causes the notice of a solicitation to be published; and
(c)
negotiates and approves the terms and conditions of a contract.
(44)
"Judicial procurement unit" means:
(a)
the Utah Supreme Court;
(b)
the Utah Court of Appeals;
(c)
the Judicial Council;
(d)
a state judicial district; or
(e)
an office, committee, subcommittee, or other organization within the state judicial
branch.
(45)
"Labor hour contract" is a contract under which:
(a)
the supplies and materials are not provided by, or through, the contractor; and
(b)
the contractor is paid a fixed rate that includes the cost of labor, overhead, and profit
for a specified number of labor hours or days.
(46)
"Legislative procurement unit" means:
(a)
the Legislature;
(b)
the Senate;
(c)
the House of Representatives;
(d)
a staff office of the Legislature, the Senate, or the House of Representatives; or
(e)
a committee, subcommittee, commission, or other organization:
(i)
within the state legislative branch; or
(ii)
(A)
that is created by statute to advise or make recommendations to the
Legislature;
(B)
the membership of which includes legislators; and
(C)
for which the Office of Legislative Research and General Counsel provides
staff support.
(47)
"Local building authority" means the same as that term is defined in Section
17D-2-102
.
(48)
"Local government procurement unit" means:
(a)
a county, municipality, interlocal entity, or project entity, and each office of the
county, municipality, interlocal entity, or project entity, unless:
(i)
the county or municipality adopts a procurement code by ordinance;
(ii)
the interlocal entity adopts procurement rules or policies as provided in
Subsection
11-13-226(2)
; or
(iii)
the project entity adopts a procurement code through the process described in
Section
11-13-316
;
(b)
(i)
a county or municipality that has adopted this entire chapter by ordinance, and
each office or agency of that county or municipality; and
(ii)
a project entity that has adopted this entire chapter through the process described
in Subsection
11-13-316
; or
(c)
a county, municipality, or project entity, and each office of the county, municipality,
or project entity that has adopted a portion of this chapter to the extent that:
(i)
a term in the ordinance is used in the adopted chapter; or
(ii)
a term in the ordinance is used in the language a project entity adopts in its
procurement code through the process described in Section
11-13-316
.
(49)
"Multiple award contracts" means the award of a contract for an indefinite quantity of
a procurement item to more than one person.
(50)
"Multiyear contract" means a contract that extends beyond a one-year period,
including a contract that permits renewal of the contract, without competition, beyond
the first year of the contract.
(51)
"Municipality" means a city or town.
(52)
"Nonadopting local government procurement unit" means:
(a)
a county or municipality that has not adopted Part 16, Protests, Part 17, Procurement
Appeals Board, Part 18, Appeals to Court and Court Proceedings, and Part 19,
General Provisions Related to Protest or Appeal; and
(b)
each office or agency of a county or municipality described in Subsection
(52)(a)
.
(53)
"Offeror" means a person who submits a proposal in response to a request for
proposals.
(54)
"Preferred bidder" means a bidder that is entitled to receive a reciprocal preference
under the requirements of this chapter.
(55)
"Procure" means to acquire a procurement item through a procurement.
(56)
"Procurement" means the acquisition of a procurement item through an expenditure of
public funds, or an agreement to expend public funds, including an acquisition through a
public-private partnership.
(57)
"Procurement item" means an item of personal property, a technology, a service, or a
construction project.
(58)
"Procurement official" means:
(a)
for a procurement unit other than an independent procurement unit, the chief
procurement officer;
(b)
for a legislative procurement unit, the individual, individuals, or body designated in a
policy adopted by the Legislative Management Committee;
(c)
for a judicial procurement unit, the Judicial Council or an individual or body
designated by the Judicial Council by rule;
(d)
for a local government procurement unit:
(i)
the legislative body of the local government procurement unit; or
(ii)
an individual or body designated by the local government procurement unit;
(e)
for a special district, the board of trustees of the special district or the board of
trustees' designee;
(f)
for a special service district, the governing body of the special service district or the
governing body's designee;
(g)
for a local building authority, the board of directors of the local building authority or
the board of directors' designee;
(h)
for a conservation district, the board of supervisors of the conservation district or the
board of supervisors' designee;
(i)
for a public corporation, the board of directors of the public corporation or the board
of directors' designee;
(j)
for a school district or any school or entity within a school district, the board of the
school district or the board's designee;
(k)
for a charter school, the individual or body with executive authority over the charter
school or the designee of the individual or body;
(l)
for an institution of higher education described in Section
53H-1-102
, the president of
the institution of higher education or the president's designee;
(m)
for the State Board of Education, the State Board of Education or the State Board of
Education's designee;
(n)
for the Utah Board of Higher Education, the Commissioner of Higher Education or
the designee of the Commissioner of Higher Education;
(o)
for the Utah Communications Authority, established in Section
63H-7a-201
, the
executive director of the Utah Communications Authority or the executive director's
designee; or
(p)
(i)
for the facilities division, and only to the extent of procurement activities of the
facilities division as an independent procurement unit under the procurement
authority provided under Title
63A, Chapter 5b
, Administration of State Facilities,
the director of the facilities division or the director's designee;
(ii)
for the attorney general, and only to the extent of procurement activities of the
attorney general as an independent procurement unit under the procurement
authority provided under Title
67, Chapter 5
, Attorney General, the attorney
general or the attorney general's designee;
(iii)
for the Department of Transportation created in Section
72-1-201
, and only to
the extent of procurement activities of the Department of Transportation as an
independent procurement unit under the procurement authority provided under
Title
72, Transportation Code
, the executive director of the Department of
Transportation or the executive director's designee;
(iv)
for the Department of Health and Human Services, and only to the extent of the
procurement activities of the Department of Health and Human Services as an
independent procurement unit, the executive director of the Department of Health
and Human Services or the executive director's designee; or
(v)
for any other executive branch department, division, office, or entity that has
statutory procurement authority outside this chapter, and only to the extent of the
procurement activities of the department, division, office, or entity as an
independent procurement unit under the procurement authority provided outside
this chapter for the department, division, office, or entity, the chief executive
officer of the department, division, office, or entity or the chief executive officer's
designee.
(59)
"Procurement unit"

means:
(a)
a legislative procurement unit;
(b)
an executive branch procurement unit;
(c)
a judicial procurement unit;
(d)
an educational procurement unit;
(e)
the Utah Communications Authority, established in Section
63H-7a-201
;
(f)
a local government procurement unit;
(g)
a special district;
(h)
a special service district;
(i)
a local building authority;
(j)
a conservation district; or
(k)
a public corporation.
(60)
"Professional service" means labor, effort, or work that requires specialized
knowledge, expertise, and discretion, including labor, effort, or work in the field of:
(a)
accounting;
(b)
administrative law judge service;
(c)
architecture;
(d)
construction design and management;
(e)
engineering;
(f)
financial services;
(g)
information technology;
(h)
the law;
(i)
medicine;
(j)
psychiatry; or
(k)
underwriting.
(61)
"Project entity" means the same as that term is defined in Section
11-13-103
.
(62)
"Protest officer" means:
(a)
for the division or an independent procurement unit:
(i)
the procurement official;
(ii)
the procurement official's designee who is an employee of the procurement unit;
or
(iii)
a person designated by rule made by the rulemaking authority; or
(b)
for a procurement unit other than an independent procurement unit, the chief
procurement officer or the chief procurement officer's designee who is an employee
of the division .
(63)
"Public corporation" means the same as that term is defined in Section
63E-1-102
.
(64)
"Public entity" means the state or any other governmental entity within the state that
expends public funds.
(65)
"Public facility" means a building, structure, infrastructure, improvement, or other
facility of a public entity.
(66)
"Public funds" means money, regardless of its source, including from the federal
government, that is owned or held by a procurement unit.
(67)
"Public transit district" means a public transit district organized under Title
17B,
Chapter 2a, Part 8
, Public Transit District Act.
(68)
"Public-private partnership" means an arrangement or agreement, occurring on or after
January 1, 2017, between a procurement unit and one or more contractors to provide for
a public need through the development or operation of a project in which the contractor
or contractors share with the procurement unit the responsibility or risk of developing,
owning, maintaining, financing, or operating the project.
(69)
"Qualified vendor" means a vendor who:
(a)
is responsible; and
(b)
submits a responsive statement of qualifications under Section
63G-6a-410
that
meets the minimum mandatory requirements, evaluation criteria, and any applicable
score thresholds set forth in the request for statement of qualifications.
(70)
"Real property" means land and any building, fixture, improvement, appurtenance,
structure, or other development that is permanently affixed to land.
(71)
"Request for information" means a nonbinding process through which a procurement
unit requests information relating to a procurement item.
(72)
"Request for proposals" means a document used to solicit proposals to provide a
procurement item to a procurement unit, including all other documents that are attached
to that document or incorporated in that document by reference.
(73)
"Request for proposals process" means the procurement process described in Part
7,
Request for Proposals
.
(74)
"Request for statement of qualifications" means a document used to solicit information
about the qualifications of a person interested in responding to a potential procurement,
including all other documents attached to that document or incorporated in that
document by reference.
(75)
"Requirements contract" means a contract:
(a)
under which a contractor agrees to provide a procurement unit's entire requirements
for certain procurement items at prices specified in the contract during the contract
period; and
(b)
that:
(i)
does not require a minimum purchase amount; or
(ii)
provides a maximum purchase limit.
(76)
"Responsible" means being capable, in all respects, of:
(a)
meeting all the requirements of a solicitation; and
(b)
fully performing all the requirements of the contract resulting from the solicitation,
including being financially solvent with sufficient financial resources to perform the
contract.
(77)
"Responsive" means conforming in all material respects to the requirements of a
solicitation.
(78)
"Rule" includes a policy or regulation adopted by the rulemaking authority, if adopting
a policy or regulation is the method the rulemaking authority uses to adopt provisions
that govern the applicable procurement unit.
(79)
"Rulemaking authority" means:
(a)
for a legislative procurement unit, the Legislative Management Committee;
(b)
for a judicial procurement unit, the Judicial Council;
(c)
(i)
only to the extent of the procurement authority expressly granted to the
procurement unit by statute:
(A)
for the facilities division, the facilities division;
(B)
for the Office of the Attorney General, the attorney general;
(C)
for the Department of Transportation created in Section
72-1-201
, the
executive director of the Department of Transportation;
(D)
for the Department of Health and Human Services, the executive director of
the Department of Health and Human Services; and
(E)
for any other executive branch department, division, office, or entity that has
statutory procurement authority outside this chapter, the governing authority of
the department, division, office, or entity; and
(ii)
for each other executive branch procurement unit, the board;
(d)
for a local government procurement unit:
(i)
the governing body of the local government unit; or
(ii)
an individual or body designated by the local government procurement unit;
(e)
for a school district or a public school, the board, except to the extent of a school
district's own nonadministrative rules that do not conflict with the provisions of this
chapter;
(f)
for an institution of higher education, the Utah Board of Higher Education;
(g)
for the State Board of Education or the Utah Schools for the Deaf and the Blind, the
State Board of Education;
(h)
for a public transit district, the chief executive of the public transit district;
(i)
for a special district other than a public transit district or for a special service district,
the board, except to the extent that the board of trustees of the special district or the
governing body of the special service district makes
its
the special service district's

own rules:
(i)
with respect to a subject addressed by board rules; or
(ii)
that are in addition to board rules;
(j)
for the Utah Educational Savings Plan, created in Section
53H-10-202
, the Utah
Board of Higher Education;
(k)
for the School and Institutional Trust Lands Administration, created in Section
53C-1-201
, the School and Institutional Trust Lands Board of Trustees;
(l)
for the School and Institutional Trust Fund Office, created in Section
53D-1-201
, the
School and Institutional Trust Fund Board of Trustees;
(m)
for the Utah Communications Authority, established in Section
63H-7a-201
, the
Utah Communications Authority board, created in Section
63H-7a-203
; or
(n)
for any other procurement unit, the board.
(80)
"Service":
(a)
means labor, effort, or work to produce a result that is beneficial to a procurement
unit;
(b)
includes a professional service; and
(c)
does not include labor, effort, or work provided under an employment agreement or a
collective bargaining agreement.
(81)
"Small purchase process" means the procurement process described in Section
63G-6a-506
.
(82)
"Sole source contract" means a contract resulting from a sole source procurement.
(83)
"Sole source procurement" means a procurement without competition
pursuant to
in
accordance with
a determination under Subsection
63G-6a-802(1)(a)
that there is only
one source for the procurement item.
(84)
"Solicitation" means an invitation for bids, request for proposals, or request for
statement of qualifications.
(85)
"Solicitation response" means:
(a)
a bid submitted in response to an invitation for bids;
(b)
a proposal submitted in response to a request for proposals; or
(c)
a statement of qualifications submitted in response to a request for statement of
qualifications.
(86)
"Special district" means the same as that term is defined in Section
17B-1-102
.
(87)
"Special service district" means the same as that term is defined in Section
17D-1-102
.
(88)
"Specification" means any description of the physical or functional characteristics or of
the nature of a procurement item included in an invitation for bids or a request for
proposals, or otherwise specified or agreed to by a procurement unit, including a
description of:
(a)
a requirement for inspecting or testing a procurement item; or
(b)
preparing a procurement item for delivery.
(89)
"Standard procurement process" means:
(a)
the bidding process;
(b)
the request for proposals process;
(c)
the approved vendor list process;
(d)
the small purchase process; or
(e)
the design professional procurement process.
(90)
"State cooperative contract" means a contract awarded by the division for and in behalf
of all public entities.
(91)
"Statement of qualifications" means a written statement submitted to a procurement
unit in response to a request for statement of qualifications.
(92)
"Subcontractor":
(a)
means a person under contract to perform part of a contractual obligation under the
control of the contractor, whether the person's contract is with the contractor directly
or with another person who is under contract to perform part of a contractual
obligation under the control of the contractor; and
(b)
includes a supplier, distributor, or other vendor that furnishes supplies or services to
a contractor.
(93)
"Technology" means the same as "information technology," as defined in Section
63A-16-102
.
(94)
"Tie bid" means that the lowest responsive bids of responsible bidders are identical in
price.
(95)
"Time and materials contract" means a contract under which the contractor is paid:
(a)
the actual cost of direct labor at specified hourly rates;
(b)
the actual cost of materials and equipment usage; and
(c)
an additional amount, expressly described in the contract, to cover overhead and
profit, that is not based on a percentage of the cost to the contractor.
(96)
"Transitional costs":
(a)
means the costs of changing:
(i)
from an existing provider of a procurement item to another provider of that
procurement item; or
(ii)
from an existing type of procurement item to another type;
(b)
includes:
(i)
training costs;
(ii)
conversion costs;
(iii)
compatibility costs;
(iv)
costs associated with system downtime;
(v)
disruption of service costs;
(vi)
staff time necessary to implement the change;
(vii)
installation costs; and
(viii)
ancillary software, hardware, equipment, or construction costs; and
(c)
does not include:
(i)
the costs of preparing for or engaging in a procurement process; or
(ii)
contract negotiation or drafting costs.
(97)
"Vendor":
(a)
means a person who is seeking to enter into a contract with a procurement unit to
provide a procurement item; and
(b)
includes:
(i)
a bidder;
(ii)
an offeror;
(iii)
an approved vendor;
(iv)
a design professional; and
(v)
a person who submits an unsolicited proposal under Section
63G-6a-712
.
Section 3. Section
63G-6a-107.6
is amended to read:
63G-6a-107.6
Effective
07/01/26
. Exemptions from chapter.
(1)
Except for this Subsection
(1)
, this chapter does not apply to:
(a)
a public entity's acquisition of a procurement item from another public entity;
(b)
a public entity that is not a procurement unit, including the Colorado River Authority
of Utah as provided in Section
63M-14-210
73-34-209
; or
(c)
the retention of experts by:
(i)
the Public Service Commission under Subsection
54-1-6(1)(a)(iii)
;
(ii)
the Division of Public Utilities under Subsection
54-4a-3(2)(b)
; and
(iii)
the Office of Consumer Services under Title 54, Chapter 10a, Office of
Consumer Services Act.
(2)
Unless otherwise provided by statute and except for this Subsection
(2)
, this chapter
does not apply to the acquisition or disposal of real property or an interest in real
property, including the acquisition or lease of water or water rights for the Great Salt
Lake.
(3)
Except for this Subsection
(3)
and Part 24, Unlawful Conduct and Penalties, this chapter
does not apply to:
(a)
funds administered under the Percent-for-Art Program of the Utah Percent-for-Art
Act;
(b)
a grant;
(c)
medical supplies or medical equipment, including service agreements for medical
equipment, obtained by the University of Utah Hospital or the Department of Health
and Human Services through a purchasing consortium if:
(i)
the consortium uses a competitive procurement process; and
(ii)
the chief administrative officer of the hospital or the executive director of the
Department of Health and Human Services, as the case may be, makes a written
finding that the prices for purchasing medical supplies and medical equipment
through the consortium are competitive with market prices;
(d)
the purchase of firefighting supplies or equipment by the Division of Forestry, Fire,
and State Lands, created in Section
65A-1-4
, through the federal General Services
Administration or the National Fire Cache system;
(e)
supplies purchased for resale to the public;
(f)
activities related to the management of investments by a public entity granted
investment authority by law;
or
(g)
activities of the Utah water agent appointed under Section
73-10g-702
;
or
(h)
transit vehicles procured by the Department of Transportation through a purchasing
consortium, cooperative purchasing agreement, or an interagency agreement if:
(i)
the contracting party for the acquisition of the transit vehicle from the vendor is:
(A)
a public entity;
(B)
another state government; or
(C)
a public transit district in another state;
(ii)
the transit vehicle is intended to be used for, or in connection with, a public
transit service within the state; and
(iii)
the procurement of the transit vehicle is in the best interest of the state.
(4)
This chapter does not supersede the requirements for retention or withholding of
construction proceeds and release of construction proceeds as provided in Section
13-8-5
.
(5)
Except for this Subsection
(5)
, this chapter does not apply to a procurement unit's hiring
a mediator, arbitrator, or arbitration panel member to participate in the procurement
unit's dispute resolution efforts.
Section 4. Section
63J-1-602.2
is amended to read:
63J-1-602.2
Effective
07/01/26
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
Title 73, Chapter 34, 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
.
Section 5. Section
73-3-30
is amended to read:
73-3-30
Effective
07/01/26
. Change application for an instream flow -- Change
application for delivery to a reservoir.
(1)
As used in this section:
(a)
"Colorado River System" means the same as that term is defined in Sections
73-12a-2

and
73-13-10
.
(b)
"Division" means the Division of Wildlife Resources created in Section
23A-2-201
,
the Division of State Parks created in Section
79-4-201
, or the Division of Forestry,
Fire, and State Lands created in Section
65A-1-4
.
(c)
"Person entitled to the use of water" means the same as that term is defined in
Section
73-3-3
.
(d)
"Sovereign lands" means the same as that term is defined in Section
65A-1-1
.
(e)
"Wildlife" means species of animals, including mammals, birds, fish, reptiles,
amphibians, mollusks, and crustaceans, that are protected or regulated by a statute,
law, regulation, ordinance, or administrative rule.
(2)
(a)
Pursuant to
In accordance with
Section
73-3-3
, a division may file a permanent
change application, a fixed time change application, or a temporary change
application, or a person entitled to the use of water may file a fixed time change
application or a temporary change application, to provide water within the state for:
(i)
an instream flow within a specified section of a natural or altered stream; or
(ii)
use on sovereign lands.
(b)
The state engineer may not approve a change application filed under this Subsection
(2)
unless the proposed instream flow or use on sovereign lands will contribute to:
(i)
the propagation or maintenance of wildlife;
(ii)
the management of state parks; or
(iii)
the reasonable preservation or enhancement of the natural aquatic environment.
(c)
A division may file a change application on:
(i)
a perfected water right:
(A)
presently owned by the division;
(B)
purchased by the division for the purpose of providing water for an instream
flow or use on sovereign lands, through funding provided for that purpose by
legislative appropriation; or
(C)
secured by lease, agreement, gift, exchange, or contribution; or
(ii)
an appurtenant water right acquired with the acquisition of real property by the
division.
(d)
A division may:
(i)
purchase a water right for the purposes described in Subsection
(2)(a)
only with
funds specifically appropriated by the Legislature for water rights purchases; or
(ii)
accept a donated water right without legislative approval.
(e)
A division may not acquire water rights by eminent domain for an instream flow, use
on sovereign lands, or for any other purpose.
(3)
(a)
A person entitled to the use of water shall obtain a division director's approval of
the proposed change before filing a fixed time change application or a temporary
change application with the state engineer.
(b)
By approving a proposed fixed time change application or temporary change
application, a division director attests that the water that is the subject of the
application can be used consistent with the statutory mandates of the director's
division.
(4)
(a)
Pursuant to
In accordance with
Section
73-3-3
, a person entitled to the use of
water may file a fixed time change application or a temporary change application for
a project to deliver water to a reservoir located partially or entirely within the
Colorado River System in the state in accordance with:
(i)
Colorado River Drought Contingency Plan Authorization Act, Public Law 116-14;
(ii)
a water conservation program funded by the Bureau of Reclamation; or
(iii)
a water conservation program authorized by the state.
(b)
Before filing a change application under this Subsection
(4)
, a person entitled to the
use of water shall obtain the approval from the executive director of the Colorado
River Authority of Utah, appointed under Section
63M-14-401
73-34-401
.
(c)
By approving a proposed fixed time change application or temporary change
application, the executive director of the Colorado River Authority of Utah attests
that the water that is the subject of the application can be used consistent with this
section.
(5)
In addition to the requirements of Section
73-3-3
, an application authorized by this
section shall include:
(a)
a legal description of:
(i)
the segment of the natural or altered stream that will be the place of use for an
instream flow;
(ii)
the location where the water will be used on sovereign lands; or
(iii)
the reservoir located partially or entirely within the Colorado River System in the
state that the water will be delivered to; and
(b)
appropriate studies, reports, or other information required by the state engineer
demonstrating:
(i)
the projected benefits to the public resulting from the change; and
(ii)
the necessity for the proposed instream flow or use on sovereign lands.
(6)
A person may not appropriate unappropriated water under Section
73-3-2
for the
purpose of providing an instream flow or use on sovereign lands.
(7)
Water used in accordance with this section is considered to be beneficially used, as
required by Section
73-3-1
.
(8)
A physical structure or physical diversion from the stream is not required to implement
a change under this section.
(9)
An approved change application described in this section does not create a right of
access across private property or allow any infringement of a private property right.
Section 6. Section
73-10-4
is amended to read:
73-10-4
Effective
07/01/26
Partially Repealed
12/31/30
. Powers and duties of
board.
(1)
The board shall have the following powers and duties to:
(a)
authorize studies, investigations, and plans for the full development, use, and
promotion of the water and power resources of the state, including preliminary
surveys, stream gauging, examinations, tests, and other estimates either separately or
in consultation with federal, state and other agencies;
(b)
enter into contracts subject to the provisions of this chapter for the construction or
purchase of a project that in the opinion of the board will conserve and use for the
best advantage of the people of this state the water and power resources of the state,
including projects beyond the boundaries of the state of Utah located on interstate
waters when the benefit of such projects accrues to the citizens of the state;
(c)
sue and be sued in accordance with applicable law;
(d)
enter into a contract that the Utah water agent, appointed under Section
73-10g-702
,
recommends for a water augmentation project under Section
73-10g-703
;
(e)
cooperate with the Utah water agent, appointed under Section
73-10g-702
, in matters
affecting interstate compact negotiations and the administration of the compacts
affecting the waters of interstate rivers, lakes and other sources of supply, with the
exception of:
(i)
the waters of the Colorado River system that are governed by
Title 63M, Chapter
14, Colorado River Authority of Utah Act
Title 73, Chapter 34, Colorado River
Authority of Utah Act
; or
(ii)
state representation under:
(A)
the Bear River Compact as provided in Section
73-16-4
; or
(B)
the Columbia Interstate Compact as provided in Section
73-19-9
;
(f)
contract with federal and other agencies and with the National Water Resources
Association and to make studies, investigations and recommendations and do all
other things on behalf of the state for any purpose that relates to the development,
conservation, protection and control of the water and power resources of the state;
(g)
consult and advise with the Utah Water Users' Association and other organized water
users' associations in the state;
(h)
consider and make recommendations on behalf of the state of reclamation projects or
other water development projects for construction by any agency of the state or
United States and in so doing recommend the order in which projects shall be
undertaken; or
(i)
review, approve, and revoke an application to create a water bank under
Chapter 31,
Water Banking Act
, collect an annual report, maintain the water banking website, and
conduct any other function related to a water bank as described in
Chapter 31, Water
Banking Act
.
(2)
Nothing contained in this section shall be construed to impair or otherwise interfere
with the authority of the state engineer granted by this title, except as specifically
otherwise provided in this section.
Section 7. Section
73-10-18
is amended to read:
73-10-18
Effective
07/01/26
. Division of Water Resources -- Creation -- Power
and authority.
(1)
There is created the Division of Water Resources, which shall be within the Department
of Natural Resources under the administration and general supervision of the executive
director of the Department of Natural Resources and under the policy direction of the
Board of Water Resources.
(2)
Except for the waters of the Colorado River system that are governed by
Title 63M,
Chapter 14, Colorado River Authority of Utah Act
Title 73, Chapter 34, Colorado River
Authority of Utah Act
, or state representation under the Bear River Compact or
Columbia Interstate Compact, the Division of Water Resources shall:
(a)
be the water resource authority for the state; and
(b)
assume all of the functions, powers, duties, rights, and responsibilities of the Utah
water and power board except those which are delegated to the board by this act and
is vested with such other functions, powers, duties, rights and responsibilities as
provided in this act and other law.
(3)
Notwithstanding Subsection
(2)
, the Utah water agent, appointed under Section
73-10g-702
, has authority over out-of-state negotiations related to water importation in
accordance with Chapter
10g, Part 7
, Utah Water Agent, except when limited by Section
73-10g-703
.
Section 8. Section
73-10-32
is amended to read:
73-10-32
Effective
07/01/26
. 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)
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
73-34-204
;
(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 9. Section
73-34-101
, which is renumbered from Section 63M-14-102 is renumbered
and amended to read:
34. Colorado River Authority of Utah Act
1. General Provisions
63M-14-102
73-34-101
Effective
07/01/26
. Definitions.
As used in this chapter:
(1)
"Appointing authority" means an authority named in Section
63M-14-202
that appoints
an authority member for a Colorado River authority area.
(2)
(1)
"Authority" means the Colorado River Authority of Utah created by Section
63M-14-201
73-34-201
.
(3)
(2)
"Authority member" means a person appointed as a member of the authority under
Section
63M-14-202
73-34-202
or designated as a member of the authority.
(4)
(3)
"Chair" means the chair of the authority.
(5)
(4)
"Colorado River Basin States" means Arizona, California, Colorado, Nevada, New
Mexico, Utah, and Wyoming.
(6)
(5)
"Colorado River authority area" means the geographic area designated by
Subsection
63M-14-202(2)
73-34-202(2)
.
(7)
(6)
"Colorado River system" means the entire drainage of the Colorado River in Utah
including both the main stem of the Colorado River and the Colorado River's tributaries.
(7)
"Department" means the Department of Natural Resources.
(8)
"Law of the river" means the compacts, federal laws, treaties, court decisions and
decrees, contracts, and regulatory guidelines that underlie and authorize the management
and operation of the Colorado River.
(9)
"Restricted account" means the Colorado River Authority Restricted Account created
in Section
63M-14-501
.
(10)
(9)
"River commissioner" means the person appointed under Section
63M-14-301
73-34-301
.
Section 10. Section
73-34-102
, which is renumbered from Section 63M-14-103 is renumbered
and amended to read:
63M-14-103
73-34-102
Effective
07/01/26
. Scope of chapter.
(1)
This chapter may not be interpreted to override, supersede, or modify any water right
within the state, or the role and authority of the state engineer.
(2)
The Division of Water Resources shall coordinate with the authority and river
commissioner in the implementation of this chapter.
Section 11. Section
73-34-103
is enacted to read:
73-34-103
Effective
07/01/26
. Transition into the department.
(1)
A resolution of the authority in effect on June 30, 2026, remains in effect until changed
by the authority under Section
73-34-209
.
(2)
The authority within the department succeeds to a contract of the authority in effect on
June 30, 2026.
Section 12. Section
73-34-201
, which is renumbered from Section 63M-14-201 is renumbered
and amended to read:
2. Authority
63M-14-201
73-34-201
Effective
07/01/26
. Authority created.
There is created within the
governor's office
department
the Colorado River Authority
of Utah.
Section 13. Section
73-34-202
, which is renumbered from Section 63M-14-202 is renumbered
and amended to read:
63M-14-202
73-34-202
Effective
07/01/26
. Organization of the authority --
Annual conflict of interest disclosure statement -- Penalties.
(1)
The authority is composed of
seven
10
authority members:
(a)
the river commissioner, who is the chair of the authority;
(b)
five authority members who represent Colorado River authority areas;
(b)
one authority member who represents the governor; and
(c)
one authority member who represents tribal interests
.
;
(d)
the director of the Division of Water Resources;
(e)
the executive director of the department, who shall serve as a nonvoting member; and
(f)
the state engineer, who shall serve as a nonvoting member.
(2)
The five Colorado River authority areas, defined by existing county boundaries that
reflect the historic and current use of the Colorado River system, include:
(a)
the Central Utah Area composed of Salt Lake, Utah, Juab, Sanpete, Summit,
Wasatch, Duchesne, and Uintah counties, located within the service area of the
Central Utah Water Conservancy District;
(b)
the Uintah Basin Area composed of Duchesne and Uintah counties, notwithstanding
that these counties fall within the Central Utah Area, and Daggett county;
(c)
the Price and San Rafael Area composed of Carbon and Emery counties;
(d)
the Virgin River Area composed of Kane and Washington counties; and
(e)
the Southeastern Area composed of Garfield, Grand, San Juan, and Wayne counties.
(e)
the State of Utah Area that represents:
(i)
the remaining counties using the Colorado River system;
(ii)
the Department of Natural Resources and the Department of Natural Resources'
divisions; and
(iii)
the users of the Colorado River system that are not specifically included in the
other four Colorado River authority areas and include Garfield, Grand, San Juan,
and Wayne counties.
(3)
The
voting
members of the authority are:
(a)
four
the river commissioner;
(b)
five
members appointed as follows:
(i)
for a term that expires June 30, 2027:
(i)
(A)
a representative of the Central Utah Area appointed by the board of
trustees of the Central Utah Water Conservancy District;
(ii)
(B)
a representative of the Uintah Basin Area appointed jointly by the boards
of trustees of the Duchesne County and Uintah Water Conservancy Districts;
(iii)
(C)
a representative of the Price and San Rafael Area appointed jointly by
the county commission of Carbon County and the board of trustees of the
Emery Water Conservancy District;
and
(iv)
(D)
a representative of the Virgin River Area appointed by the board of
trustees of the Washington County Water Conservancy District;
and
(E)
a representative of the Southeastern Area appointed jointly by the boards of
trustees of the Grand County Water Conservancy District and the San Juan
County Water Conservancy District; and
(ii)
in the case of a vacancy or for a term that begins on or after July 1, 2027, the
following appointed by the governor with the advice and consent of the Senate in
accordance with Title 63G, Chapter 24, Part 2, Vacancies:
(A)
a representative of the Central Utah Area appointed from three nominations
submitted to the governor by the board of trustees of the Central Utah Water
Conservancy District;
(B)
a representative of the Uintah Basin Area appointed from three nominations
submitted to the governor jointly by the boards of trustees of the Duchesne
County and Uintah Water Conservancy Districts;
(C)
a representative of the Price and San Rafael Area appointed from three
nominations submitted to the governor jointly by the county commission of
Carbon County and the board of trustees of the Emery Water Conservancy
District;
(D)
a representative of the Virgin River Area appointed from three nominations
submitted to the governor jointly by the board of trustees of the Washington
County Water Conservancy District; and
(E)
a representative of the Southeastern Area appointed from three nominations
submitted to the governor jointly by the boards of trustees of the Grand County
Water Conservancy District and the San Juan County Water Conservancy
District;
(b)
(c)
the director of the Division of Water Resources
as the representative of the
State of Utah Area created in Subsection (2)(e)
;
and
(c)
the executive director of the Department of Natural Resources as the representative
of the governor; and
(d)
a representative of tribal interests who is:
(i)
appointed by the governor; and
(ii)
a member of a federally recognized Indian tribe if the tribe is, in whole or in part,
located within the state and within the Colorado River system.
(4)
(a)
A joint appointment required under Subsection
(3)
(3)(b)(i)
requires the
agreement of
both
all
appointing authorities before the authority member seat is
filled.
(b)
A joint nomination required under Subsection
(3)(b)(ii)
requires the agreement of all
nominating authorities before the nomination process is complete.
(5)
An authority member who is appointed under Subsection
(3)
shall:
(a)
be a resident of the state; and
(b)
have experience and a general knowledge of:
(i)
Colorado River issues and the use of the Colorado River system in the member's
respective Colorado River authority area;
(ii)
the development of the use of the waters of the Colorado River system; and
(iii)
the rights of this state concerning the resources and benefits of the Colorado
River system.
(6)
(a)
An appointing authority shall notify the chair of:
(i)
the appointing authority's initial appointment to the authority; and
(ii)
the appointment of a new member or when a vacancy is being filled.
(b)
An appointment of an authority member is effective when received by the chair.
(c)
(a)
The initial term of an appointed authority member
appointed under Subsection
(3)(b)(i)

expires June 30, 2027. Before June 30, 2027, the authority shall adopt a
system to stagger the terms of appointed authority members beginning July 1, 2027,
and notify
each appointing authority
the governor
of the duration of the term of the
appointing authority's
appointed
authority member. The staggering of terms after
July 1, 2027, shall result in approximately
one-third
half
of the appointed authority
members' terms expiring every two years. After the respective terms of adjustment
are complete, subsequent
appointed
authority members shall be appointed by
an
appointing authority for six-year
the governor for four-year
terms.
(d)
(b)
An authority member term shall end on June 30.
New terms commence
A new
term commences
on July 1.
(e)
(c)
An authority member whose term has expired shall serve until replaced or
reappointed by the
applicable appointing authority
governor
.
(f)
(d)
An appointing authority may at any time remove the appointing authority's
authority member
The governor may at any time remove an appointed authority
member
for neglect of duty or malfeasance in office.
If the authority member is
jointly appointed, the authority member may only be removed by joint agreement of
both appointing authorities.
(7)
In the event of a vacancy in
an appointed member of
the authority, the chair shall notify
the
appointing authority
governor
of the vacancy and ask that an authority member be
promptly appointed.
(8)
(a)
An authority member may not receive compensation or benefits for the
authority
member's service, but may receive per diem and travel expenses in accordance with:
(i)
Section
63A-3-106
;
(ii)
Section
63A-3-107
; and
(iii)
rules made by the
Department
Division
of Finance
pursuant to
in accordance
with
Sections
63A-3-106
and
63A-3-107
.
(b)
If an authority member is a full-time employee with either the state or a water
conservancy district, the authority member is not eligible for the per diem
compensation.
(9)
The executive director appointed under Section
63M-14-401
73-34-401
shall provide
staff services to the authority.
(10)
An authority member shall, no sooner than January 1 and no later than January 31 of
each year during which the authority member holds office on the authority:
(a)
prepare a written conflict of interest disclosure statement that contains a response to
each item of information described in Subsection
20A-11-1604(6)
; and
(b)
submit the written disclosure statement to the
administrator or clerk
executive
director
of the authority.
(11)
(a)
No later than 10 business days after the date on which the authority member
submits the written disclosure statement described in Subsection
(10)
to the
administrator or clerk
executive director
of the authority, the
administrator or clerk
executive director of the authority
shall:
(i)
post a copy of the written disclosure statement on the authority's website; and
(ii)
provide the lieutenant governor with a link to the electronic posting described in
Subsection
(11)(a)(i)
.
(b)
The
administrator or clerk
executive director of the authority
shall ensure that the
authority member's written disclosure statement remains posted on the authority's
website until the authority member leaves office.
(12)
The
administrator or clerk
executive director
of the authority shall take the action
described in Subsection
(13)
if:
(a)
an authority member fails to timely file the written disclosure statement described in
Subsection
(10)
; or
(b)
a submitted written disclosure statement does not comply with the requirements of
Subsection
20A-11-1604(6)
.
(13)
If a circumstance described in Subsection
(12)
occurs, the
administrator or clerk
executive director
of the authority shall, within five days after the day on which the
administrator or clerk
executive director of the authority
determines that a violation
occurred, notify the authority member of the violation and direct the authority member
to submit an amended written disclosure statement correcting the problem.
(14)
(a)
It is unlawful for an authority member to fail to submit or amend a written
disclosure statement within seven days after the day on which the authority member
receives the notice described in Subsection
(13)
.
(b)
An authority member who violates Subsection
(14)(a)
is guilty of a class B
misdemeanor.
(c)
The
administrator or clerk
executive director
of the authority shall report a violation
of Subsection
(14)(a)
to the attorney general.
(d)
In addition to the criminal penalty described in Subsection
(14)(b)
, the
administrator
or clerk
executive director
of the authority shall impose a civil fine of $100 against
an authority member who violates Subsection
(14)(a)
.
(15)
The administrator or clerk of the authority shall deposit a fine collected under this
section into the authority's
account
to pay for the costs of administering this section.
Section 14. Section
73-34-203
, which is renumbered from Section 63M-14-203 is renumbered
and amended to read:
63M-14-203
73-34-203
Effective
07/01/26
. Authority operation --
Consultation with tribes.
(1)
An
A voting
authority member has one vote on authority
matters
business
.
(2)
(a)
Four
Five voting
members of the authority constitute a quorum to conduct
authority business.
(b)
A vote of
four
five voting
members is needed to pass authority business.
(3)
(a)
(i)
The river commissioner appointed by the governor before March 16, 2021,
shall serve as the chair of the authority until June 30, 2027, if the river
commissioner is a member of the authority.
(ii)
Beginning on July 1, 2027, the river commissioner shall be appointed under
Section
63M-14-301
73-34-301
and shall serve as chair of the authority for a
term of
six
four
years in accordance with
Section
63M-14-302
Sections
73-34-301
and
73-34-302
.
(b)
The authority may elect other officers such as vice chair, secretary, and treasurer.
(c)
The chair, vice chair, secretary, and treasurer are required to be authority members.
(d)
Other officers of the authority are not required to be authority members. The
authority shall adopt, by resolution, job responsibilities and terms of offices for the
officers appointed under this Subsection
(3)(d)
.
(e)
If
Except for the river commissioner as chair, if
an authority officer no longer
serves as an officer of the authority, the authority shall fill the vacancy for the
unexpired term of the officer who is no longer serving.
(4)
(a)
The Department of Natural Resources shall cooperate with the authority.
(b)
At the request of the authority, the executive director of the
Department of Natural
Resources
department
shall:
(i)
(a)
provide to the authority data or information collected by the
Department of
Natural Resources
department
; and
(ii)
(b)
ensure that the
Department of Natural Resources present
department presents

information to the authority.
(5)
The authority shall seek an appropriate government-to-government relationship on
matters directly related to the authority's general powers and mission as set forth in
Section
63M-14-204
73-34-204
with all federally recognized Indian tribes located, in
whole or in part, within the state and within the Colorado River system.
Section 15. Section
73-34-204
, which is renumbered from Section 63M-14-204 is renumbered
and amended to read:
63M-14-204
73-34-204
Effective
07/01/26
. Authority's general powers and
mission -- Management plan -- Duties and powers.
(1)
The authority may advise, support, gather information, and provide input to the river
commissioner
and the Legislature
.
(2)
The mission of the authority is to protect
, conserve, use, and develop Utah's waters of

Utah's right to use waters from
the Colorado River system.
(3)
The authority may develop a management plan to ensure that Utah can protect
Utah's
right to use
and develop the Colorado River system and to work to ensure that Utah can
live within the state's apportionment of the Colorado River system.
(4)
The authority may assist the Utah water agent, appointed under Section
73-10g-702
, in
pursuing the Utah water agent's functions and duties as related to the Colorado River.
(5)
The authority may coordinate with the Office of the Attorney General to prepare the
state for potential litigation.
(6)
As the authority determines appropriate to further the mission of the authority or
implement the management plan, the authority may:
(a)
take a necessary action to acquire a grant or other resource from the federal
government, other government agency, or private entity, including providing
matching money;
(b)
award a grant of money from authority money;
(c)
enter into a lease agreement for a water right or water share;
(d)
enter into a contract generally;
(e)
contract with the federal government or other government agency;
(f)
sue and be sued; and
(g)
provide funding for the development of infrastructure and improvements on or
related to the Colorado River.
Section 16. Section
73-34-205
, which is renumbered from Section 63M-14-205 is renumbered
and amended to read:
63M-14-205
73-34-205
Effective
07/01/26
. Records.
(1)
The records
The authority shall maintain a record
of the authority and the river
commissioner
shall be maintained by the authority
.
(2)
The authority may classify a record in accordance with Title 63G, Chapter 2,
Government Records Access and Management Act, including a record described in
Subsection
63G-2-305(81)
.
Section 17. Section
73-34-206
, which is renumbered from Section 63M-14-207 is renumbered
and amended to read:
63M-14-207
73-34-206
Effective
07/01/26
. Reports.
(1)
The authority shall prepare an annual report of the authority's and river commissioner's
activities and submit the report to the following:
(a)
the governor; and
(b)
the Legislative Management Committee.
(2)
The authority shall respond to and participate in
meetings
a meeting
as requested by a
legislative committee or by the governor.
Section 18. Section
73-34-207
, which is renumbered from Section 63M-14-208 is renumbered
and amended to read:
63M-14-208
73-34-207
Effective
07/01/26
. Authority meetings.
The authority shall comply with
Title 52, Chapter 4, Open and Public Meetings Act
, in
holding meetings.
Section 19. Section
73-34-208
, which is renumbered from Section 63M-14-209 is renumbered
and amended to read:
63M-14-209
73-34-208
Effective
07/01/26
. Advisory councils authorized --
Consultations.
(1)
(a)
The authority may create authorized advisory councils of interested persons for
consultations with the authority.
(b)
The authority shall by resolution adopt policies governing
authorized
:
(i)
authorized
advisory councils;
(ii)
authorized
advisory council members;
(iii)
authorized
advisory council leadership; and
(iv)
authorized
topic areas of interest for each authorized advisory council that
directly relate to the mission and objectives of the authority.
(c)
The authority may consult with
an
authorized advisory
councils
council
and
consider data, information, and input from
these
the
authorized advisory
councils
council
relevant to the mission and objectives of the authority.
(2)
The authority may consult with
a
relevant watershed
councils
council
created under
Title 73, Chapter 10g, Part 3, Watershed Councils Act
.
Section 20. Section
73-34-209
, which is renumbered from Section 63M-14-210 is renumbered
and amended to read:
63M-14-210
73-34-209
Effective
07/01/26
. Application of state laws.
(1)
(a)
The authority is not an executive branch procurement unit under
Title 63G,
Chapter 6a, Utah Procurement Code
, and is not subject to that chapter.
(b)
The authority shall by resolution adopt a procurement procedure substantially similar
to
Title 63G, Chapter 6a, Utah Procurement Code
, or a procurement code adopted by
an
appointing authority
authority named in Subsection
73-34-202(3)(b)(i)
that
nominates an authority member for a Colorado River authority area
.
(c)
The authority may contract with an
appointing authority
authority named in
Subsection
73-34-202(3)(b)(i)
that
nominates an authority member for a Colorado
River authority area
that has a local procurement procedure to deal with procurement
in
a
manner consistent with the resolution adopted under Subsection
(1)(b)
.
(2)
(a)
The authority shall comply with
Title 63A, Chapter 17, Utah State Personnel
Management Act
, except as provided in this Subsection
(2)
.
(b)
(i)
The authority may approve, upon recommendation of the chair, that exemption
for specific positions under Subsections
63A-17-301(1)
and
63A-17-307(2)
is
required to enable the authority to efficiently fulfill the authority's responsibilities
under the law.
(ii)
The chair shall consult with the executive director of the Division of Human
Resource Management before making a recommendation under Subsection
(2)(b)(i)
.
(iii)
The position of executive director is exempt under Subsections
63A-17-301(1)

and
63A-17-307(2)
.
(c)
(i)
The executive director shall set salaries for exempted positions, except for the
executive director, after consultation with the executive director of the
Department of Human Resource Management, within ranges approved by the
authority. The
chair
executive director of the department
shall set the salary of
the executive director.
(ii)
The authority and executive director shall consider salaries for similar positions
in private enterprise and other public employment when setting salary ranges.
(3)
In adopting a policy under this chapter, the authority:
(a)
is not required to comply with
Title 63G, Chapter 3, Utah Administrative
Rulemaking Act
; and
(b)
shall adopt the policy by resolution of the authority.
Section 21. Section
73-34-301
, which is renumbered from Section 63M-14-301 is renumbered
and amended to read:
3. River Commissioner
63M-14-301
73-34-301
Effective
07/01/26
. Appointment of river
commissioner.
(1)
(a)
If the governor appoints the river commissioner before March 16, 2021, that
appointment expires on June 30, 2027.
(b)
If the river commissioner appointed by the governor
under Subsection
(1)(a)

is also
appointed as a member of the authority, the river commissioner shall serve as the
chair of the authority for a term expiring June 30, 2027.
(c)
After June 30, 2027, the
authority shall elect a chair, who shall also serve, subject to
the approval of the governor, as the river commissioner
governor shall appoint the
river commissioner with the advice and consent of the Senate
.
(d)
If after June 30, 2027, the governor appoints as the river commissioner an individual
who is a member of the authority appointed under Subsection
73-34-202(1)(b)
or
(c)
,
the individual is no longer a member of the authority under Subsection
73-34-202(1)(b)
or
(c)
but is a member of the authority as the chair of the authority.
The governor shall replace the vacancy created by appointment of the river
commissioner under this Subsection
(1)
in accordance with Subsection
73-34-202(7)
.
(e)
An individual may not hold one of the following positions and be the river
commissioner at the same time:
(i)
the director of the Division of Water Resources;
(ii)
the executive director of the department; or
(iii)
the state engineer.
(2)
The term of a river commissioner runs concurrently with the term
of the
as
chair as
provided in Sections
63M-14-203
and
63M-14-302
73-34-203
and
73-34-302
.
(3)
If the river commissioner no longer serves as river commissioner, the
authority
governor
shall fill the vacancy in accordance with
Section
63M-14-203
this section and
Section
73-34-203
.
(4)
Notwithstanding
Title 67, Chapter 16, Utah Public Officers' and Employees' Ethics Act
,
and except as provided in Subsection
(1)(e)
, a river commissioner may hold another
government position at the same time as being a river commissioner without creating a
conflict of interest.
Section 22. Section
73-34-302
, which is renumbered from Section 63M-14-302 is renumbered
and amended to read:
63M-14-302
73-34-302
Effective
07/01/26
. Term -- Removal of river
commissioner.
(1)
The
After the appointment under Subsection
73-34-301(1)(a)
expires, the
term of the
river commissioner is
six
four
years.
(2)
The authority, with the consent of the governor, may remove the river commissioner if
the authority finds that the river commissioner has engaged in neglect of duty or
malfeasance in office. If the river commissioner is removed under this Subsection
(2)
,
the removed river commissioner may not serve as chair of the authority or as a member
of the authority.
Section 23. Section
73-34-303
, which is renumbered from Section 63M-14-304 is renumbered
and amended to read:
63M-14-304
73-34-303
Effective
07/01/26
. Duties and powers.
(1)
Before legal action on behalf of the state or the users of the waters of the Colorado
River system may be taken under this chapter, the river commissioner shall request that
the governor and attorney general take legal action on behalf of the state and the users of
the waters of the Colorado River system
to assure, conserve, protect, and preserve
Utah's allocation of the waters of the Colorado River system as authorized by the law of
the river
.
(2)
Except as provided in Section
63M-14-402
73-34-402
, the attorney general shall
represent the river commissioner and the authority, including the authority's members
and officers, in all matters related to the Colorado River. At the request of the authority
or the river commissioner, the attorney general may institute or join legal actions against
any party to enforce or defend the state's rights in matters related to the Colorado River.
(3)
The river commissioner shall act for the state and the Utah Colorado River users in
consultations or negotiations with:
(a)
the Upper Colorado River Commission;
(b)
the states in the Colorado River Compact; and
(c)
the government of the United States.
(4)
The river commissioner may make and enter into a compact between Utah and
Colorado River Basin States, either jointly or severally. A compact that defines the
rights of the states or of the United States in the waters of the Colorado River system is
not binding on Utah until ratified and approved by:
(a)
the Utah State Legislature by joint resolution;
(b)
the governor of this state; and
(c)
the appropriate federal agency when the federal agency's approval is required.
(5)
The river commissioner within the limits of the river commissioner's authority shall:
(a)
represent and act for the state in consultation with other states, the United States,
foreign countries, and private persons, and negotiate and enter into agreements
between the state and those entities, jointly or severally;
(b)
represent and act for the state as a member of an interstate or international
commission or other body as may be established relating to the Colorado River
system in transactions with Colorado River Basin States, the federal government, or a
foreign country; and
(c)
report to the governor the measures or legislative actions that the river commissioner
considers necessary to carry out the provisions of any law relating to the powers and
duties of the authority.
(6)
The river commissioner shall perform the duties imposed by this chapter and perform
all other things the river commissioner considers necessary or expedient to carry out the
purposes of this chapter.
Section 24. Section
73-34-304
, which is renumbered from Section 63M-14-305 is renumbered
and amended to read:
63M-14-305
73-34-304
Effective
07/01/26
. Authority consultation with river
commissioner.
(1)
The river commissioner shall consult with the authority in exercising the powers and
performing the duties of the river commissioner enumerated in this chapter.
(2)
The river commissioner shall report and make recommendations to the authority at the
request of the authority or when the river commissioner considers
it
proper.
(3)
The purpose of consulting with and reporting to the authority is to safeguard and protect
the rights and interests of Utah, Utah's agencies, and Utah's citizens in respect of the
waters of the Colorado River system.
Section 25. Section
73-34-305
, which is renumbered from Section 63M-14-306 is renumbered
and amended to read:
63M-14-306
73-34-305
Effective
07/01/26
. Investigative powers -- Storage of
data relating to the use of the Colorado River system.
(1)
The river commissioner may investigate past, present, and potential uses of the water of
the Colorado River system within and without the state.
(2)
The river commissioner shall investigate, coordinate, collate, and preserve information,
facts, and data bearing upon the claims of states and of public or private agencies within
and without the state to and in respect of the water and the use of water of the Colorado
River system.
Section 26. Section
73-34-401
, which is renumbered from Section 63M-14-401 is renumbered
and amended to read:
4. Employees of Authority
63M-14-401
73-34-401
Effective
07/01/26
. Executive director.
(1)
The
chair
executive director of the department
may hire an executive director.
(2)
The executive director
or the executive director's designee
:
(a)
is responsible for the administering and carrying out the policies of the authority;
(b)
shall direct and supervise the technical and administrative activities of the authority;
(c)
subject to the supervision of the chair,
is responsible for the conduct of the
administrative function of the river commissioner and the authority; and
(d)
shall perform any lawful act necessary to carry out the duties of the authority.
(3)
The executive director shall, within the limits of available funding, employ the
employees necessary to carry out the functions and duties of the executive director. The
employees have the duties prescribed by the executive director.
Section 27. Section
73-34-402
, which is renumbered from Section 63M-14-402 is renumbered
and amended to read:
63M-14-402
73-34-402
Effective
07/01/26
. Consultants or other professionals.
To advise the authority on matters relating to the authority, the executive director may:
(1)
employ one or more consultants or other professionals; and
(2)
employ or retain legal counsel, with the consent of the attorney general, to advise the
authority or river commissioner on matters relating to the authority's or river
commissioner's operations.
Section 28. Section
73-34-501
, which is renumbered from Section 63M-14-502 is renumbered
and amended to read:
5. Financial Operations
63M-14-502
73-34-501
Effective
07/01/26
. Budgeting process.
(1)
Within the legislative appropriations and in-kind goods and services received by the
authority, the authority shall prepare an annual budget of revenues and expenditures for
the authority for each fiscal year.
(2)
The authority may not make expenditures in excess of the total expenditures established
in the annual budget as the budget is adopted or amended.
Section 29. Section
79-2-201
is amended to read:
79-2-201
Effective
07/01/26
Partially Repealed
07/01/29
. Department of
Natural Resources created.
(1)
There is created the Department of Natural Resources.
(2)
The department comprises the following:
(a)
Board of Water Resources, created in Section
73-10-1.5
;
(b)
Board of Oil, Gas, and Mining, created in Section
40-6-4
;
(c)
Office of Energy Development, created in Section
79-6-401
;
(d)
Wildlife Board, created in Section
23A-2-301
;
(e)
Board of the Utah Geological Survey, created in Section
79-3-301
;
(f)
Water Development Coordinating Council, created in Section
73-10c-3
;
(g)
Division of Water Rights, created in Section
73-2-1.1
;
(h)
Division of Water Resources, created in Section
73-10-18
;
(i)
Division of Forestry, Fire, and State Lands, created in Section
65A-1-4
;
(j)
Division of Oil, Gas, and Mining, created in Section
40-6-15
;
(k)
Division of State Parks, created in Section
79-4-201
;
(l)
Division of Outdoor Recreation, created in Section
79-7-201
;
(m)
Division of Wildlife Resources, created in Section
23A-2-201
;
(n)
Utah Geological Survey, created in Section
79-3-201
;
(o)
Utah Outdoor Recreation Infrastructure Advisory Committee, created in Section
79-7-206
;
(p)
(i)
an advisory council that includes in the advisory council's duties advising on
state boating policy, authorized by Section
73-18-3.5
; or
(ii)
an advisory council that includes in the advisory council's duties advising on
off-highway vehicle use, authorized by Section
41-22-10
;
(q)
Wildlife Board Nominating Committee, created in Section
23A-2-302
;
(r)
Wildlife Regional Advisory Councils, created in Section
23A-2-303
;
(s)
Utah Watersheds Council, created in Section
73-10g-304
;
(t)
Public Lands Policy Coordinating Office created in Section
63L-11-201
;
and
(u)
the Great Salt Lake commissioner, appointed under Section
73-32-201
, and the
Office of the Great Salt Lake Commissioner, created in Section
73-32-301
.
; and
(v)
the Colorado River Authority and river commissioner under Title 73, Chapter 34,
Colorado River Authority of Utah Act.
Section 30.
Repealer.
Title.
Compensation.
Colorado River Authority Restricted Account.
Section 31.
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 31(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 - Colorado River Authority of Utah
From General Fund
1,638,500
Colorado River Authority of Utah
1,638,500
Subsection 31(b).
Restricted Fund and Account Transfers
The Legislature authorizes the State Division of Finance to transfer the following
amounts between the following funds or accounts as indicated. Expenditures and outlays from
the funds to which the money is transferred must be authorized by an appropriation.
NATURAL RESOURCES, AGRICULTURE, AND ENVIRONMENTAL QUALITY
ITEM 2
General Fund Restricted - Colorado River Authority Restricted Account
From General Fund
(1,638,500)
Colorado River Authority Restricted Account
(1,638,500)
The Legislature intends that the Division of
Finance transfer any balances remaining in the Colorado
River Authority Restricted Account after fiscal year 2026
closeout to the Department of Natural Resources -
Colorado River Authority of Utah line item.
Section 32.
Effective Date.
This bill takes effect on
July 1, 2026
.
3-6-26 1:05 PM