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[Utah Code Table of Contents]
[TITLE 73. Table of Contents]
73-10-1 State's policy - Creation of revolving fund - General construction of act.
(1) The Legislature of the state of Utah having heretofore declared by Section 73-1-1 , Utah Code Annotated 1953, that, "All waters of this state, whether above or under the ground are hereby declared to be the property of the public, subject to all existing rights to the use thereof"; and further, by Section 73-1-3 , Utah Code Annotated 1953, that "Beneficial use shall be the basis, the measures and the limit of all rights to the use of water in this state"; and further, by Section 17A-2-1401 that the policy of the state is, "To obtain from water in Utah the highest duty for domestic uses and irrigation of lands in Utah within the terms of interstate compacts or otherwise," now by this act reiterates and reaffirms such declaration of the public policy of the state of Utah.
(2) It is further declared to be the policy of this chapter and of the state of Utah, and the legislature recognizes:
(a) that by construction of projects based upon sound engineering the waters within the various counties of the state of Utah can be saved from waste and increased in efficiency of beneficial use by 25% to 100%;
(b) that because of well-known conditions such as low prices and lack of market for farm products, particularly the inefficiency of water supply because of lack of late season water and consequent lack of financial strength, water users in small communities have been unable to build projects that would provide full conservation and beneficial use for the limited water supply in this semiarid land;
(c) that water, as the property of the public, should be so managed by the public that it can be put to the highest use for public benefit;
(d) that Congress of the United States has provided for the building of larger water conservation projects throughout the semiarid states, payment of the capital costs without interest to be made by the water users upon the basis of a fair portion of crop returns;
(e) that the Congress of the United States has established in the department of interior and in the department of agriculture, various agencies having authority to develop, protect, and aid in putting to beneficial use the land and water resources of the United States and to cooperate with state agencies having similar authority;
(f) that the interests of the state of Utah require that means be provided for close cooperation between all state and federal agencies to the end that the underground waters and waters of the small streams of the state, and the lands thereunder, can be made to yield abundantly and increase the income and well-being of the citizens of the state;
(g) that it appears to be sound public policy for the state of Utah to provide a revolving fund, to be increased at each legislative session, to the end that every mountain stream and every water resource within the state can be made to render the highest beneficial service, such fund to be so administered that no project will be built except upon expert engineering, financial, and geological approval.
(3) All of the provisions of this chapter shall be liberally
construed so as to carry out and put into force and effect
the purposes and policies as hereinabove set forth.
1997
73-10-1.5 Board of Water Resources - Creation - Transfer of powers and duties.
There is created within the Department of Natural Resources
a Board of Water Resources which, except as otherwise provided
in this act, shall assume all of the policy-making functions,
powers, duties, rights and responsibilities of the Utah water
and power board, together with all functions, powers, duties,
rights and responsibilities granted to the Board of Water
Resources by this act. The Board of Water Resources shall
be the policy-making body of the Division of Water Resources.
Except as otherwise provided in this act, whenever reference
is made in Title 73, or any other provision of law, to the
Utah Water and Power Board, it shall be construed as referring
to the Board of Water Resources where such reference pertains
to policy-making functions, powers, duties, rights and responsibilities;
but in all other instances such reference shall be construed
as referring to the Division of Water Resources.
1967
73-10-2 Board of Water Resources - Members - Appointment - Terms - Vacancies.
(1) (a) The Board of Water Resources shall be comprised of eight members to be appointed by the governor with the consent of the Senate.
(b) Not more than four members shall be from the same political party.
(2) One member of the board shall be appointed from each of the following districts:
(a) Bear River District, comprising the counties of Box Elder, Cache, and Rich;
(b) Weber District, comprising the counties of Weber, Davis, Morgan, and Summit;
(c) Salt Lake District, comprising the counties of Salt Lake and Tooele;
(d) Provo River District, comprising the counties of Juab, Utah, and Wasatch;
(e) Sevier River District, comprising the counties of Millard, Sanpete, Sevier, Piute, and Wayne;
(f) Green River District, comprising the counties of Daggett, Duchesne, and Uintah;
(g) Upper Colorado River District, comprising the counties of Carbon, Emery, Grand, and San Juan; and
(h) Lower Colorado River District, comprising the counties of Beaver, Garfield, Iron, Washington, and Kane.
(3) (a) Except as required by Subsection (3)(b), all appointments shall be for terms of four years.
(b) Notwithstanding the requirements of Subsection (3)(a), the governor shall, at the time of appointment or reappointment, adjust the length of terms to ensure that the terms of board members are staggered so that approximately half of the board is appointed every two years.
(c) When a vacancy occurs in the membership for any reason, the replacement shall be appointed for the unexpired term with the consent of the Senate and shall be from the same district as such person.
(4) (a) Members shall receive no compensation or benefits for their services, but may receive per diem and expenses incurred in the performance of the member's official duties at the rates established by the Division of Finance under Sections 63A-3-106 and 63A-3-107 .
(b) Members may decline to receive per diem and expenses
for their service.
2003
73-10-3 Organization of board - Interstate conferences - Designation of representative - Salary - Compacts - Ratification required.
The board shall elect a chairman, one or more vice-chairmen, who shall be members of the board, and shall establish its own rules of organization and procedure.
The board, with the approval of the executive director of natural resources and the governor, shall designate a representative who may be one of its members to represent the state of Utah in all interstate conferences between the state of Utah and one or more sister states held for the purpose of entering into compacts between such states for the division of the waters of interstate rivers, lakes, or other sources of water supply, and to represent the state of Utah upon all commissions or other governing bodies provided for by any compacts which have been or may hereafter be entered into between the state of Utah and one or more sister states. No such compact shall, however, become binding upon the state of Utah until it has been ratified and approved by the Legislature of the state of Utah and the legislatures of other states which are parties thereto.
In acting as such representative of the state of Utah,
the representative so acting shall act under the supervision
of the governor, through the executive director of natural
resources and of the Board of Water Resources. The director
of the Division of Finance shall fix the salary to be paid
to the representative while he is acting in this capacity.
1983
73-10-4 Powers and duties of board.
The board shall have the following powers and duties:
(1) To authorize studies, investigations, and plans for the full development, and utilization 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.
(2) To enter into contracts subject to the provisions of this act for the construction of conservation projects which in the opinion of the board will conserve and utilize 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.
(3) To sue and be sued in accordance with applicable law.
(4) To supervise in cooperation with the governor and the executive director of natural resources all matters affecting interstate compact negotiations and the administration of such compacts affecting the waters of interstate rivers, lakes and other sources of supply.
(5) To contract with federal and other agencies and with the National Reclamation Association and to make studies, investigations and recommendations and do all other things on behalf of the state for any purpose which relates to the development, conservation, protection and control of the water and power resources of the state.
(6) To consult and advise with the Utah Water Users' Association and other organized water users' associations in the state.
(7) To consider and make recommendations on behalf of the state of Utah 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.
(8) Nothing contained herein shall be construed to impair
or otherwise interfere with the authority of the state engineer
granted by Title 73, except as herein specifically otherwise
provided.
1969
73-10-5 Selection of project by board - Preparation of plans and estimate of cost - Contracts by board.
When a project to be constructed with money made available
from the funds created by Section
73-10-8
has been selected by the board, which in its
opinion, will conserve the water resources of this state
for the best interests of the citizens of the state, the
board shall cause plans and cost estimates of such project
to be prepared. Such plans and cost estimates shall then
be referred to the director of the Division of Finance who
shall determine whether or not funds are available for the
construction of the project. If the director of the Division
of Finance approves the project so far as the availability
of funds is concerned, the Utah water and power board shall
then enter into a contract or contracts for the construction
of the project. Such contracts shall not be binding upon
the state until approved by the director of the Division
of Finance from the standpoint of whether or not the cost
of the work is reasonable and whether the contract has been
entered into under the terms and conditions most advantageous
to the state.
1983
73-10-6 Making water available to citizens of state - Assessment of charges against water users - Water Resources Construction Fund.
The Board of Water Resources may make available for the
use of the citizens of the state who are, in its opinion,
best able to utilize the same, any or all water and power
conserved by any of the projects to which the state may have
title and may enter into contracts for the use of said water
and power with individuals or with organizations composed
of citizens of the state of Utah. The board may assess against
any person using such water and power such charges as, in
the opinion of the board, are necessary and reasonable for
the maintenance of the project and return to the state the
actual costs of the project over such term of years as the
board may deem it advisable. Any amount collected as charges
over and above the amount necessary to maintain any particular
project shall become part of the Water Resources Construction
Fund.
1988
73-10-7 Title to projects - Contractual powers of board.
Title of all projects constructed with funds made available
by Section
73-10-8
hereof under the terms of this act shall become
vested in the state of Utah. The board is empowered to enter
into contracts which are, in its opinion, necessary for the
maintenance and continued operation of such projects.
1953
73-10-8 Water Resources Construction Fund - Creation and contents of fund - Use - Investigation Account created - Interest - Retainage - Loans and grants for dam safety work.
(1) There is created the Water Resources Construction Fund, which consists of:
(a) money appropriated or otherwise made available to it by the Legislature;
(b) money from the sale or management of the 500,000 acres of land selected for the establishment of reservoirs under Section 12 of the Utah Enabling Act;
(c) charges assessed against water and power users pursuant to Section 73-10-6 ; and
(d) interest accrued pursuant to Subsection (5).
(2) The board may authorize the use of money in the fund for the following purposes:
(a) to develop water conservation projects, including paying the costs of construction, engineering, investigation, inspection, and other related expenses;
(b) to provide loans and grants to dam owners to conduct dam safety studies;
(c) to provide loans and grants to dam owners:
(i) to upgrade dams in conformance with the minimum standards established by the state engineer in rules; or
(ii) for nonstructural solutions developed to meet minimum standards or lower hazard ratings that are approved by the state engineer, including the purchase of habitable structures, purchase of flood easements, and installation of early warning systems; or
(d) as otherwise provided by law.
(3) The board may provide for the repayment of the costs of investigation, engineering, and inspection out of the first monies to be paid under a contract for the construction of a water project. Those monies repaid shall be deposited into a subaccount within the Water Resources Construction Fund known as the Investigation Account, to be used by the board for the purpose of making investigations for the development and use of the water resources of the state.
(4) Contributions of money, property, or equipment may be received from any political subdivision of the state, federal agency, water users' association, person, or corporation for use in making investigations, constructing projects, or otherwise carrying out the purposes of this section.
(5) All monies deposited into the Water Resources Construction Fund shall be invested by the state treasurer with interest accruing to the Water Resources Construction Fund.
(6) If any payment on a contract with a private contractor to construct a project funded by the Water Resources Construction Fund is retained or withheld, it shall be retained or withheld and released as provided in Section 13-8-5 .
(7) Loans to dam owners for dam safety studies and to upgrade dams in conformance with minimum standards shall be secured by taking water rights associated with the dam.
(8) The following restrictions apply to any grant made to a dam owner for a dam safety study:
(a) only a nonprofit mutual irrigation company or a water users association is eligible to receive a grant;
(b) the dam safety study shall be required by the state engineer pursuant to Section 73-5a-503 ; and
(c) the amount of any grant shall be limited to up to 50% of the costs of the dam safety study.
(9) (a) The board may provide grants to mutual irrigation companies and water users associations to upgrade dams in conformance with minimum standards of the state engineer. Each grant authorized by the board for the upgrade of a dam of a mutual irrigation company or water users association in conformance with the minimum standards shall be sufficient to pay for 80% of the costs to upgrade the dam.
(b) (i) Pursuant to guidelines specified in Subsection (9)(b)(ii), the board may provide loans or grants, or both, to entities other than mutual irrigation companies and water users associations to upgrade dams in conformance with minimum standards of the state engineer.
(ii) In determining the type of financial assistance to be provided to an entity other than a mutual irrigation company or water users association, the board shall consider the dam owner's ability to pay and may consider other factors including:
(A) the degree of hazard;
(B) the threat to public safety;
(C) the state engineer's priority list of dams;
(D) the cost effectiveness of the restoration;
(E) the number of potential and actual applications for financial assistance; and
(F) the funds available.
(10) The amount of money in the fund that may be used for grants for dam safety studies shall be limited to the amount of money appropriated to the fund for that purpose.
(11) The board shall consult with the state engineer in establishing a priority list of dams to be upgraded with money in the fund.
(12) A dam owner who has initiated or completed construction
approved by the state engineer to upgrade the dam in conformance
with minimum standards may apply for a grant or loan from
the board as reimbursement for those construction expenditures.
1999
73-10-11 Counsel to board and representative - Utilization of other departments - Duty of executive secretary of board to collect on water contracts.
The attorney general shall act as legal counsel to the
board, and to its representative as hereinbefore provided
for, and the board shall wherever practicable utilize the
services and facilities of other departments of the state
government. The executive secretary of the Utah water and
power board shall be charged with the duty of collecting
any and all amounts due on contracts with water users.
1953
73-10-12 Appropriations.
There is appropriated out of any money from the state
treasury the sum of $200,000 for the administration of this
act. There is further appropriated the sum of $1,000,000
to become a part of the Utah water and power board construction
fund.
1953
73-10-13 Appropriation for loan fund.
There is appropriated out of the General Fund not otherwise
appropriated, the sum of $1,000,000 to the Utah water and
power board as a permanent increase to the loan fund of Utah
water and power board.
1963
73-10-15 State water plan - Agencies to cooperate in formulation of plan.
All other state agencies shall cooperate with the Division
of Water Resources in the formulation of a state water plan
and the division is to use information, including water resources
data, which has been or will be assembled by other state
agencies, the United States government, various colleges
and universities of the state, or any other source which
can profitably contribute to the development of a state water
plan.
1967
73-10-16 State water plan - Payment for special studies and investigations.
Special studies or investigations needed for development
of a water plan which might be requested of other agencies,
but not included in the budgets or the work programs of such
agencies, may be paid for from funds hereby appropriated
for the formulation of a state water plan.
1963
73-10-17 State water plan - Authority of other agencies not impaired.
Nothing contained herein shall be construed to impair
or otherwise interfere with the authority heretofore granted
to other agencies, institutions or subdivisions of the state
of Utah.
1963
73-10-18 Division of Water Resources - Creation - Power and authority.
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 natural resources and under the policy direction
of the Board of Water Resources. The Division of Water Resources
shall be the water resource(s) authority for the state of
Utah, shall 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.
1969
73-10-19 Director's power and authority.
The director shall be the executive and administrative head of the Division of Water Resources and shall be a person selected with special reference to his training, experience and interest in the field of water conservation and development.
The director of the Division of Water Resources shall administer the Division of Water Resources and shall succeed to all of the powers and duties conferred upon the executive secretary of the Utah water and power board pursuant to Title 73, Chapter 10. The director shall have the power within policies established by the Board of Water Resources to:
(1) make studies, investigations, and plans for the full development and utilization 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;
(2) initiate and conduct water resource investigations, surveys and studies, prepare plans and estimates, make reports thereon, and perform necessary work to develop an over-all state water plan;
(3) file applications in the name of the division for the appropriation of water. All pending water applications heretofore filed in behalf of the state or any agency thereof for the use and benefit of the state are transferred to the board, and it is authorized to take such action thereon as it may deem proper;
(4) take all action necessary to acquire or perfect water rights for projects sponsored by the board;
(5) accept, execute and deliver deeds and all other conveyances.
1983
73-10-20 Loans for water systems - Legislative declaration.
The legislature recognizes and declares that the development,
protection and maintenance of adequate and safe water supplies
for human consumption is vital to public health, safety and
welfare; that there exists within the state a need to assist
cities, towns, improvement districts, and special service
districts in providing an adequate and safe water supply
for those users from municipal and district systems; that
the acquisition or construction of systems and the improvement
and extension of existing systems, based on proper planning
and sound engineering, will not only provide safer water
supplies, but will also serve to ensure that the water resources
of the state are used in an efficient manner and will avoid
wasteful practices.
1977
73-10-21 Loans for water systems - Eligible projects.
This chapter shall apply to all eligible projects of incorporated
cities and towns, metropolitan water districts created under
Title 17A, Chapter 2, Part 8, water conservancy districts
created under Title 17A, Chapter 2, Part 14, improvement
districts created under Title 17A, Chapter 2, Part 3, county
improvement districts created under Title 17A, Chapter 3,
Part 2, and special service districts established under Title
17A, Chapter 2, Part 13. Eligible projects are those for
the acquisition, improvement, or construction of water systems
used for the production, supply, transmission, storage, distribution,
or treatment of water for cities, towns, metropolitan water
districts, water conservancy districts, improvement districts,
special improvement districts, or special service districts,
or the improvement or extension of such systems.
1992
73-10-22 Water Resources Cities Water Loan Fund - Annual appropriation - Interest.
(1) Beginning with the fiscal year ending June 30, 1978, the Legislature shall provide an annual appropriation from the General Fund from liquor control profits to the Board of Water Resources to make the loans provided for in Sections 73-10-20 , 73-10-21 , and 73-10-23 . The monies appropriated by the Legislature shall be deposited in a fund known as the Water Resources Cities Water Loan Fund.
(2) All monies deposited into the Water Resources Cities
Water Loan Fund shall be invested by the state treasurer
with interest accruing to the Water Resources Cities Water
Loan Fund.
1995
73-10-23 Loans for water systems - Board of Water Resources authority - Procedure.
(1) The Board of Water Resources is authorized to make loans to cities, towns, metropolitan water districts, water conservancy districts, improvement districts, special improvement districts, or special service districts within the state for the acquisition or construction of new or existing water systems or the improvement or extension of those systems from funds appropriated for the purpose of this chapter. Cities, towns, or districts which participate in this program shall submit an application for funds to the Board of Water Resources. The application may request a loan to cover all or part of the cost of an eligible project. Requests for loans shall be submitted in a form and shall include information as the board prescribes. The board shall establish criteria for determining eligibility for loans and shall determine appropriate priorities among projects. Funds received from the repayment of loans shall be added to this special fund and be available for additional loans under the administration of the board.
(2) In determining priorities for eligible projects, the board shall consider:
(a) probable growth of population due to actual or prospective economic development in an area;
(b) possible additional sources of state and local revenue;
(c) opportunities for expanded employment;
(d) present or potential health hazards;
(e) water systems which do not meet minimum state standards;
(f) cities, towns, or districts which have insufficient water to meet current demands;
(g) feasibility and practicality of the project;
(h) per capita cost of the project;
(i) per capita income of the residents in the area;
(j) the borrowing capacity of the city, town, or district and its ability to sell bonds in the open market; and
(k) the availability of federal funds for the project.
The board shall consult with the Governor's Advisory Council on Community Affairs in the establishment of priorities but that advice is not binding upon the board. If an application is rejected, the board shall notify the applicant stating the reasons for the rejection.
(3) The Board of Water Resources shall review the plans and specifications for the project prior to approval and may condition approval and the availability of funds on assurances the board deems necessary to ensure that the proceeds of the loan will be used to pay the cost of the project and that the project will be completed. Any loan shall specify the terms for repayment and may be evidenced by general obligation bonds, revenue bonds, special assessment bonds, or other bonds or obligations legally issued by the appropriate city, town, metropolitan water district, water conservancy district, improvement district, special improvement district, or special service district and purchased by the board pursuant to the authority for the issuance that exists at the time of the loan.
(4) Upon approval of an application, the board shall advise
the applicant and may provide funds as a loan to cover all
or part of the costs of eligible projects. Costs of an eligible
project may include all costs of acquisition and construction
as well as costs incurred for preliminary planning to determine
the economic and engineering feasibility of a proposed project,
the engineering, architectural, legal, fiscal, and economic
investigations and studies, surveys, designs, plans, working
drawings, specifications, procedures, and other action necessary
to the project and its financing; the cost of erection, building,
acquisition, modification, improvement, or extension of water
system facilities and the inspection and supervision of the
construction of such facilities. No loan shall include any
project costs for which the applicant receives federal financial
assistance, other than federal loans which must be repaid
by the applicant.
1990
73-10-24 Water Resources Conservation and Development Fund created.
There is created a Water Resources Conservation and Development
Fund to further enhance the state's ability to carry out
the policy described in Section
73-10-1
. The fund shall be administered by the Board
of Water Resources. The fund is a revolving fund established
for the construction, operation, and maintenance of projects
considered by the board to be outside the scope of financing
by the Water Resources Construction Fund, as created by Section
73-10-8
, and shall include, but not be limited to,
flood control projects.
1988
73-10-25 Contents of fund - Investment - Contributions.
(1) The Water Resources Conservation and Development Fund consists of:
(a) monies appropriated to it by the Legislature;
(b) monies received from the sale of project water and power, less operating and maintenance costs;
(c) annual payments on contracts for projects constructed under Section 73-10-24 or the State Water Conservation Program; and
(d) other monies or tax revenues designated by the Legislature to be credited to the Water Resources Conservation and Development Fund.
(2) All monies deposited into the Water Resources Conservation and Development Fund shall be invested by the state treasurer with interest accruing to the Water Resources Conservation and Development Fund, except for payments, if any, necessary to comply with Section 148(f), Internal Revenue Code of 1986.
(3) Contributions of money, property, or equipment may
be received from any political subdivision of the state,
federal agency, water users' association, person, or corporation
for use in carrying out the purposes of Section
73-10-24
.
1991
73-10-25.1 Credit enhancement and interest buy-down agreements.
(1) The Board of Water Resources may enter into credit enhancement agreements with political subdivisions containing terms and provisions that the board determines will reasonably improve the security for or marketability of water project obligations financed using the Water Resources Cities Water Loan Fund created in Section 73-10-22 or the Water Resources Conservation and Development Fund created in Section 73-10-24 . Credit enhancement agreements may include provisions for loans to political subdivisions to pay the costs of obtaining letters of credit or other forms of insurance or security to provide security for water project obligations.
(2) The Board of Water Resources may make loans or grants
from the Water Resources Cities Water Loan Fund or the Water
Resources Conservation and Development Fund to political
subdivisions for interest buy-down agreements for water development
projects.
1996
73-10-26 Construction of works, facilities, and projects by board - Ownership and operation - Transfer of water rights - Purchase of bonds from Indian tribes.
(1) The Board of Water Resources, through the Division of Water Resources, may construct works and facilities, including hydroelectric generating works, as are necessary and desirable to conserve and develop the water and power resources of the state. Any electrical facilities incidental to a hydroelectric project may be constructed by an electric public utility or a municipality of the state. If the electrical facilities are constructed by the state, the power and energy derived from the hydroelectric generating plant must first be offered to electric public utilities or municipalities in the state for distribution to electric consumers.
(2) (a) The Board of Water Resources, through the Division of Water Resources, may consider any flood control project provided for in Title 4, Chapter 18, in the same manner, and apply procedures and rules, as the board would consider or apply to any other project within its statutory authority.
(b) If funds controlled by the Board of Water Resources are to be used for the project, the planning by the Soil Conservation Commission is subject to the review of the board.
(c) If the project is authorized for construction, the plans, specifications, and construction supervision shall be undertaken as prescribed by the board.
(3) The Board of Water Resources may enter into an agreement for the construction of any project financed with monies from the Water Resources Construction and Development Fund with another state, the federal government, a political subdivision of the state, an Indian tribe, or a private corporation.
(4) (a) Title to all projects, including water rights, constructed with monies from the Water Resources Construction and Development Fund, is vested in the state. If a project is being sponsored by an incorporated municipality, metropolitan water district, water conservancy district, improvement district, special improvement district, special service district, or any other political subdivision of the state, the Board of Water Resources may take revenue bonds, general obligation bonds, special assessment bonds, or other bonds or obligations legally issued by the sponsor in lieu of or in addition to taking title to the project and water rights.
(b) If an Indian tribe sponsors a project, the Board of Water Resources may take revenue bonds, general obligation bonds, or other bonds or obligations legally issued by the tribe, to the extent that federal law allows the tribe to issue bonds, in lieu of taking title to the project and water rights, if the tribe:
(i) waives the defense of sovereign immunity regarding the bond issue in any action arising out of the issuance or default under the bond; and
(ii) agrees in writing that it will not challenge state court jurisdiction over any litigation resulting from default on its obligations in the transaction.
(c) Before entering into any agreement with or purchasing any bonds or obligations from a tribe, the Board of Water Resources shall:
(i) require that the tribe obtain the written approval of the Secretary of the United States Department of the Interior or his designee to all aspects of the agreement, bonds, or obligations;
(ii) obtain a legal opinion from a recognized bond counsel certifying:
(A) that the tribe has legal authority to enter into the agreement or issue the bonds or obligations;
(B) that the pledge of any assets or revenues by the tribe as security for the payments under the agreement, bonds, or obligations is a valid and legally enforceable pledge; and
(C) that the agreement, bonds, or obligations may be enforced in any court of general jurisdiction in the state; and
(iii) determine whether it has sufficient legal recourse against the tribe and against any security pledged by the tribe in the event of default.
(5) (a) The Board of Water Resources may own and operate water conservation and development works and projects, and flood control projects, if:
(i) the works and projects are consistent with plans adopted by the board; and
(ii) in the opinion of the board the ownership and operation of the projects by the board is in the best interest of the state.
(b) In the ownership and operation of the projects referred to in Subsection (a), the board shall utilize water rights held in its name under authority of Section 73-10-19 .
(c) The board may enter into contracts with another state, the federal government, a political subdivision of the state, an Indian tribe, or a private corporation for operation, maintenance, and administration of the project. The board may pay the contracting agency a reasonable sum for operation, maintenance, and administration of the project.
(6) (a) The board may also:
(i) enter into agreements in which title to projects may be conveyed to cooperating sponsors after charges assessed against the project have been paid to the state in accordance with the terms of construction agreements or amendments to those agreements;
(ii) make available for the use of the state's citizens who are, in its opinion, best able to utilize it, all water and power conserved by any of the projects to which the state may have title;
(iii) enter into contracts for the use of that water and power with individuals or with organizations composed of the state's citizens; and
(iv) assess a reasonable fee against any person using water and power from a project.
(b) Any amount collected over the amount to be returned to the state for payment of the principal, interest, and maintenance of the project shall become part of the Water Resources Conservation and Development Fund as established by Section 73-10-24 .
(7) The Board of Water Resources shall retain ownership of water rights used for projects owned and operated by the board except as follows:
(a) water rights originally held by cooperating sponsors shall be conveyed to that sponsor upon payment to the state of charges assessed against the project in accordance with the terms of construction agreements or amendments to those agreements; and
(b) the board may transfer any unperfected water right
held by it which is not being utilized in a state-owned project
to a political subdivision of the state, any agency of the
federal government, or a nonprofit water company. Any transfer
of the board's water rights shall be made to the entity that
is best able to utilize the water rights for the benefit
of the state's citizens.
1990
73-10-27 Project priorities - Considerations - Determinations of feasibility - Bids and contracts - Definitions - Retainage.
(1) In considering the priorities for projects to be built with funds made available under Section 73-10-24 , the board shall give preference to those projects which:
(a) are sponsored by the state or a political subdivision of the state;
(b) meet a critical local need;
(c) have greater economic feasibility;
(d) will yield revenue to the state within a reasonable time or will return a reasonable rate of interest, based on financial feasibility; and
(e) meet other considerations deemed necessary by the board, including, but not limited to, wildlife management and recreational needs.
(2) In determining the economic feasibility the board shall establish a benefit-to-cost ratio for each project, using a uniform standard of procedure for all projects. In considering whether a project should be built, the benefit-to-cost ratio for each project shall be weighted based on the relative cost of the project. A project, when considered in total with all other projects constructed under this chapter and still the subject of a repayment contract, may not cause the accumulative benefit-to-cost ratio of the projects to be less than one to one.
(3) Under no circumstances may a project be built that is not in the public interest as determined by the Board of Water Resources, and no project may be built which is not adequately designed based on sound engineering and geologic considerations.
(4) The board in the preparation of a project for construction shall comply with the following:
(a) All flood control projects involving cities and counties costing in excess of $35,000, and all contracts for the construction of a storage reservoir in excess of 100 acre-feet or for the construction of a hydroelectric generating facility, shall be awarded on the basis of competitive bid. Advertisement for competitive bids shall be published by the board at least once a week for three consecutive weeks in a newspaper with general circulation in the state. The advertisement shall indicate that the board will award the contract to the lowest responsible bidder but that it reserves to itself the right to reject any and all bids. The date of last publication shall appear at least five days before the scheduled bid opening.
(b) If all initial bids on the project are rejected, the board shall readvertise the project in the manner specified in Subsection (4)(a). If no satisfactory bid is received by the board upon the readvertisement of the project, it may proceed to construct the project but only in accordance with the plans and specifications used to calculate the estimated cost of the project.
(c) The board shall keep an accurate record of all facts and representations relied upon in preparing its estimated cost for any project which is subject to the competitive bidding requirements of this section.
(d) For the purposes of this Subsection (4):
(i) "Estimated cost" means the cost of all labor, material, and equipment necessary for construction of the contemplated project.
(ii) "Lowest responsible bidder" means any licensed contractor who submits the lowest bid, whose bid is in compliance with the invitation for bids, whose bid meets the plans and specifications, and who furnishes bonds under Sections 14-1-18 and 63-56-504 .
(5) If any payment on a contract with a private contractor
for construction of projects under this section is retained
or withheld, it shall be retained or withheld and released
as provided in Section
13-8-5
.
2005
73-10-28 Charges for use - Interest.
Charges for use of water, power, or facilities shall be
established on the basis of contractual agreements approved
by the Board of Water Resources for projects owned by the
state based on the ability of an individual project to return
the investment to the state. Where the board intends to enter
into a contract to finance a project or portion of a project
sponsored by a water conservancy district or other political
subdivision of the state, the board shall establish a rate
of interest to be charged based on the repayment ability
of the project.
1978
73-10-29 Additional amounts allocated - Repayment.
The board, in addition to the amount allocated to a project
to cover the actual cost of construction, may allocate to
the project constructed by it, under contract or otherwise,
such amounts as may be determined by it for investigating,
engineering, inspection, and other expenses, and may provide
for the repayment of the same out of the first moneys repayable
from the project under the contract for its construction,
and such moneys so repaid shall be accounted for within the
Water Resources Construction Fund, to be used by the board
for the purpose of making investigations for the development
of the water resources of the state.
1988
73-10-30 Construction in conjunction with Water Resources Construction Fund - Supplemental financing.
(1) Projects authorized under this chapter may be constructed in participation with moneys from the Water Resources Construction Fund when authorized by the board.
(2) Projects specified by the Legislature to be financed
by general obligation bonds of the state may receive supplemental
financing from the Water Resources Conservation and Development
Fund when needed and moneys are available.
1988
73-10-31 Allocation of funds for credit enhancement and interest buy-down agreements.
(1) Of the combined expenditures from the Water Resources Cities Water Loan Fund and Water Resources Conservation and Development Fund authorized by the Board of Water Resources each year, at least 10% shall be allocated for credit enhancement and interest buy-down agreements.
(2) The requirement specified in Subsection (1) shall
apply only so long as sales and use tax is transferred to
the Water Resources Conservation and Development Fund as
provided in Section
59-12-103
.
1996
73-10-32 Definitions - Water conservation plan required.
(1) As used in this section:
(a) "Board" means the Board of Water Resources created under Section 73-10-1.5 .
(b) "Division" means the Division of Water Resources created under Section 73-10-18 .
(c) "Retail" means the level of distribution of culinary water that supplies culinary water directly to the end user.
(d) "Retail water provider" means an entity which:
(i) supplies culinary water to end users; and
(ii) has more than 500 service connections.
(e) "Water conservancy district" means an entity formed under Title 17A, Chapter 2, Part 14, Water Conservancy Districts.
(f) "Water conservation plan" means a written document that contains existing and proposed water conservation measures describing what will be done by retail water providers, water conservancy districts, and the end user of culinary water to help conserve water and limit or reduce its use in the state in terms of per capita consumption so that adequate supplies of water are available for future needs.
(2) (a) Each water conservation plan shall contain:
(i) a clearly stated overall water use reduction goal and an implementation plan for each of the water conservation measures it chooses to use, including a timeline for action and an evaluation process to measure progress;
(ii) a requirement that each water conservancy district and retail water provider devote part of at least one regular meeting every five years of its governing body to a discussion and formal adoption of the water conservation plan, and allow public comment on it;
(iii) 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 conservancy district or retail water provider; and
(iv) a copy of the minutes of the meeting and the notification procedure required in Subsections (2)(a)(ii) and (iii) which shall be added as an appendix to the 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; and
(x) other measures designed to conserve water.
(c) The Division of Water Resources may be contacted for information and technical resources regarding measures listed in Subsections (2)(b)(i) through (2)(b)(x).
(3) (a) Before April 1, 1999, each water conservancy district under Title 17A, Chapter 2, Part 14, Water Conservancy Districts, and each retail water provider shall:
(i) (A) prepare and adopt a water conservation plan if one has not already been adopted; or
(B) if the district or provider has already adopted a water conservation plan, review the existing water conservation plan to determine if it should be amended and, if so, amend the water conservation plan; and
(ii) file a copy of the water conservation plan or amended water conservation plan with the division.
(b) Before adopting or amending a water conservation plan, each water conservancy district or retail water provider shall hold a public hearing with reasonable, advance public notice.
(4) (a) The board shall:
(i) provide guidelines and technical resources to retail water providers and water conservancy districts to prepare and implement water conservation plans;
(ii) investigate alternative measures designed to conserve water; and
(iii) report regarding its compliance with the act and impressions of the overall quality of the plans submitted to the Natural Resources, Agriculture, and Environment Interim Committee of the Legislature at its meeting in November 2004.
(b) The board shall publish an annual report in a paper of state-wide distribution specifying the retail water providers and water conservancy districts that do not have a current water conservation plan on file with the board at the end of the calendar year.
(5) A water conservancy district or retail water provider may only receive state funds for water development if they comply with the requirements of this act.
(6) Each water conservancy district and retail water provider specified under Subsection (3)(a) shall:
(a) update its 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 board be handled
within the existing budgets of the respective entities or
agencies.
2004
