Water Optimization Reporting Amendments

14
63I-2-273
63I-2-273
73-10g-205
73-10g-207
73-10g-207.5
0
Water Optimization Reporting Amendments
2026 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Doug Owens
Senate Sponsor:
LONG TITLE
General Description:
This bill creates a study related to agricultural water optimization.
Highlighted Provisions:
This bill:
requires the Division of Water Resources, in coordination with the Division of Water
Rights, to study water diversions classified as an agricultural diversion to determine:
the number, type, and volume of diversions currently classified as an agricultural
diversion; and
the volume of water diverted from an agricultural diversion for non-agricultural use;
requires the Division of Water Resources to report the results of the study to the Natural
Resources, Agriculture, and Environment Interim Committee before November 30,
2026; and
makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
This bill provides a special effective date.
Utah Code Sections Affected:
AMENDS:
63I-2-273
Effective
05/06/26
Superseded
07/01/26
, as last amended by Laws of Utah
2024, Third Special Session, Chapter 5
63I-2-273
Effective
07/01/26
, as last amended by Laws of Utah 2025, Chapter 124
73-10g-205
Effective
05/06/26
Repealed
07/01/28
, as last amended by Laws of Utah
2025, Chapters 91, 99
73-10g-207
Effective
05/06/26
Repealed
07/01/28
, as enacted by Laws of Utah 2023,
Chapter 261
ENACTS:
73-10g-207.5
Effective
05/06/26
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section
63I-2-273
is amended to read:
63I-2-273
Effective
05/06/26
Superseded
07/01/26
. Repeal dates: Title 73.
Reserved.
(1)
Section
73-10g-207
, Study on classification of water diversions, is repealed July 1, 2027.
(2)
Subsection
73-10g-607(5)
, regarding a requirement to report to an interim committee, is
repealed January 1, 2027.
Section 2. Section
63I-2-273
is amended to read:
63I-2-273
Effective
07/01/26
. Repeal dates: Title 73.
(1)
Section
73-10g-207
, Study on classification of water diversions, is repealed July 1, 2027.
(2)
Subsection
73-10g-607(5)
, regarding a requirement to report to an interim committee, is
repealed January 1, 2027.
Section 3. Section
73-10g-205
is amended to read:
73-10g-205
Effective
05/06/26
Repealed
07/01/28
. Agricultural Water
Optimization Committee.
(1)
There is created in the department a committee known as the "Agricultural Water
Optimization Committee" that consists of:
(a)
the commissioner of the department, or the commissioner's designee;
(b)
the director of the division, or the director's designee;
(c)
the director of the Division of Water Rights, or the director's designee;
(d)
the dean of the College of Agriculture and Applied Science from Utah State
University, or the dean's designee;
(e)
one individual representing local conservation districts created by Title 17D, Chapter
3, Conservation District Act, appointed by the executive director of the Department
of Natural Resources;
(f)
one individual representing water conservancy districts, appointed by the executive
director of the Department of Natural Resources; and
(g)
three Utah residents representing the interests of the agriculture industry appointed
by the executive director of the Department of Natural Resources.
(2)
(a)
An individual appointed under Subsection
(1)
shall serve for a term of four years.
(b)
Notwithstanding the requirements of Subsection
(2)(a)
, the executive director of the
Department of Natural Resources shall, at the time of appointment or reappointment,
adjust the length of terms to ensure that the terms of appointed members are
staggered so that approximately half of the appointed members are appointed every
two years.
(3)
(a)
The presence of five members constitutes a quorum.
(b)
The vote of five members constitutes the transaction of business by the committee.
(c)
The committee shall select one of the committee's members to be chair. The
committee may select a member to be vice chair to act in place of the chair:
(i)
during the absence or disability of the chair; or
(ii)
as requested by the chair.
(d)
The committee shall convene at the times and places prescribed by the chair.
(4)
A member may not receive compensation or benefits for the member's service, but may
receive per diem and travel expenses in accordance with:
(a)
Section
63A-3-106
;
(b)
Section
63A-3-107
; and
(c)
rules made by the Division of Finance pursuant to Sections
63A-3-106
and
63A-3-107
.
(5)
The department shall provide administrative support to the committee.
(6)
The committee shall make rules, in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act, establishing:
(a)
eligibility requirements for a grant issued under Section
73-10g-206
, except that the
eligibility requirements shall:
(i)
require at least a match for grant money of 50% of the total costs, except that for a
grant application filed on or after January 1, 2024, the eligibility requirements
shall require at least a match of 25% of the total costs for:
(A)
a subsurface drip irrigation project;
(B)
an automated surge irrigation project; or
(C)
a measurement, telemetry, or reporting project;
(ii)
consider the statewide need to distribute grant money;
(iii)
require a grant recipient to construct or install and maintain one or more
measuring devices as necessary to comply with Section
73-5-4
and rules adopted
by the Division of Water Rights regarding installation, use, and maintenance of
devices to measure water use and to demonstrate water use in accordance with a
project funded by a grant; and
(iv)
require a grant recipient to report water diversion and use measurements to the
state engineer pursuant to Section
73-5-4
and rules made by the state engineer, in
accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, for
water measurement and reporting;
(b)
the process for applying for a grant issued under Section
73-10g-206
; and
(c)
preliminary screening criteria to be used by the department under Subsection
73-10g-206(2)(d)
.
(7)
The committee shall, in coordination with the division:
(a)
as of July 1, 2023, assume oversight of all remaining
oversee the
research and
contracts of the previous Agricultural Water Optimization Task Force activities;
(b)
post research to address and account for farm economics at the enterprise and
community level that affects agricultural water optimization and encourage market
behavior that financially rewards agricultural water optimization practices;
(c)
oversee research to identify obstacles to and constraints upon optimization of
agricultural water use, and to recommend management tools, technologies, and other
opportunities to optimize agricultural water use as measured at the basin level;
(d)
use money in the account to fund research approved by the committee that:
(i)
is described in Subsection
(7)(b)
or
(c)
; or
(ii)
establishes methods for measuring saved water or the effectiveness of the
agricultural water optimization funding programs established by this part; and
(e)
facilitate benefits for farmers who optimize water use and protect water quality.
(8)
The committee shall comply with Section
73-10g-206
related to grants issued under this
part.
Section 4. Section
73-10g-207
is amended to read:
73-10g-207
Effective
05/06/26
Repealed
07/01/28
. Division public information
and reporting.
(1)
The division shall, in coordination with the department and the Division of Water
Rights, annually compile and publish a report on:
(a)
completed projects;
(b)
saved water made available from agricultural water optimization projects; and
(c)
the effectiveness of the agricultural water optimization funding programs established
by this part.
(2)
On or before November 30 of each year, the committee, division, and the Division of
Water Rights shall jointly present the annual report to:
(a)
the Legislative Water Development Commission
created in Section
73-27-102
;
(b)
the Natural Resources, Agriculture, and Environment Interim Committee;
(c)
the Utah Water Task Force within the Department of Natural Resources; and
(d)
the Utah Watersheds Council
created in Section
73-10g-304
.
(3)
The division shall publish reports from research described in Subsection
73-10g-205(7)
.
Section 5. Section
73-10g-207.5
is enacted to read:
73-10g-207.5
Effective
05/06/26
. Study on classification of water diversions.
(1)
As used in this section:
(a)
"Agricultural diversion" means water diverted for an agricultural use, including the
production of crops, orchards, livestock, poultry, aquaculture, livestock products, or
poultry products.
(b)
"Agricultural diversion" does not include water diverted for the purpose of:
(i)
irrigating lawn or turf, as those terms are defined in Section
73-10-37
;
(ii)
a municipal or industrial use;
(iii)
a golf course, park, or athletic field; or
(iv)
wildlife habitat.
(2)
The division shall, in coordination with the Division of Water Rights, complete a study
of statewide water diversions classified as an agricultural diversion by a state agency.
(3)
The study described in Subsection
(2)
shall include:
(a)
findings on:
(i)
the number, type, and volume of diversions currently classified as an agricultural
diversion by a state agency; and
(ii)
the volume of water diverted, under classification as an agricultural diversion by
a state agency, for a non-agricultural purpose; and
(b)
recommendations, if any, for legislative action.
(4)
The division may contract with a public or private entity to support the completion of
the study.
(5)
The division shall report the findings and recommendations described in Subsection
(3)

to the Natural Resources, Agriculture, and Environment Interim Committee before
November 30, 2026.
Section 6.
Effective Date.
(1)
Except as provided in Subsection (2), this bill takes effect
May 6, 2026
.
(2)
The actions affecting Section 63I-2-273
Effective
07/01/26
take effect on
July 1, 2026
.
2-4-26 10:46 AM