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[Utah Code Table of Contents]
[TITLE 73. Table of Contents]
73-20-1 Purpose of act - Legislative finding.
It is the purpose of this act to provide financial assistance to commercial farmers and ranchers within the state who own or lease commercial farms or ranches and who are engaged primarily in the production of basic livestock herds in conjunction with such agricultural activity to enable them to provide adequate water supplies for the maintenance and preservation of such herds.
The Legislature finds that drought conditions in the state
have resulted in a severe deterioration of range and pasture
land which will have a detrimental effect upon the basic
livestock industry within the state and upon the people of
the state unless financial assistance for the purpose of
developing emergency water resources to water basic livestock
are made available to those in need.
1977
73-20-2 Definitions.
As used in this act:
(1) "Advisory board" means the Agricultural Advisory Board created by Section 4-2-7 .
(2) "Board" means the Board of Water Resources created by Section 73-10-1.5 .
(3) "Commercial farm" means a tract or tracts of land with or without improvements recognized as a farm or ranch in this state which is owned and operated or leased and operated by the applicant, and used in the production and raising of basic livestock.
(4) "Farmer" means any person who owns and operates or leases and operates a commercial farm in this state, and includes individuals, partnerships and corporations.
(5) "Basic livestock" means a herd of cattle, sheep, or
swine kept and maintained primarily for breeding purposes.
1994
73-20-3 Authority of Board of Water Resources.
The board is authorized to develop water resources and
make such resources available to farmers and ranchers based
upon demonstrated need from emergency funds appropriated
and deposited in the emergency water resources construction
account created pursuant to this act, for the exclusive purpose
of developing and making water resources available to farmers
and ranchers including, but not limited to, the development
of springs, the drilling of wells, the installation of necessary
water pipes, the construction of livestock watering storage
ponds and the construction of livestock watering troughs
or other watering facilities.
1977
73-20-4 Qualification for financial assistance.
To qualify for financial assistance under this act the farmer shall:
(1) make written original application to the advisory board and to the board on forms prescribed by the board in conjunction with the advisory board;
(2) own or hold under lease a commercial farm which contributed more than one-half of the farmer's or rancher's gross income from all income sources for the taxable year 1976;
(3) comply with any condition imposed by the board for
financial assistance pursuant to authority granted the board
under Section
73-20-3
.
1977
73-20-5 Consultation with Agricultural Advisory Board.
The board, before making any expenditure of emergency
funds appropriated under this act, shall consult with and
receive the advice of the advisory board with respect to
the demonstrated need for financial assistance in the form
of the development of a water resource.
1977
73-20-6 Payment for emergency water resource developments.
The terms and conditions of payment for emergency water
resource developments constructed pursuant to this act shall
be set forth in a written contract prepared by the Division
of Water Resources under the direction of the board and shall
be executed by the farmer or rancher benefited. The substantive
terms and conditions for payment shall be specified in the
sole discretion of the board and shall appear in such contract.
Title to any emergency water resource constructed under this
act shall remain in the Division of Water Resources until
the actual cost of the project is paid for in full by the
benefited farmer or rancher.
1977
73-20-7 Feasibility study required before approval of assistance.
Before approval of any application for financial assistance
under this act, the board shall cause the division of water
resources to conduct a feasibility study. Such cost-efficient
study shall include all costs of acquisition and construction
as well as costs incurred for preliminary planning, engineering,
legal, fiscal and economic investigations and studies, surveys,
designs, plans, working drawings, specifications, and any
other action necessary for the construction or improvement
of the proposed water resource. The board may assess reasonable
charges to a farmer or rancher for the cost of a feasibility
study.
1977
73-20-8 Emergency Water Resources Account - Creation - Purpose.
There is hereby created within the Water Resources Construction
Fund an account to be known as the "Emergency Water Resources
Account," the proceeds of which shall be used exclusively
for the development of emergency water resources.
1988
73-20-9 Emergency Water Resources Account - Appropriation - Purpose.
There is hereby appropriated to the Emergency Water Resources
Account from the General Fund, from otherwise unappropriated
liquor control profits, the sum of $2,000,000 to be expended
exclusively for the construction or improvement of water
resources for eligible farmers or ranchers.
1977
73-20-10 Proceeds deposited to Water Resources Construction Fund.
The proceeds from the payment for emergency water resources
from farmers and ranchers shall be deposited to the Water
Resources Construction Fund for use in accordance with the
purposes of such fund.
1988
73-20-11 Transfer of funds - Purposes.
(1) On the effective date of this act $1,500,000 shall be transferred from the Emergency Water Resources Account created under Section 73-20-8 and initially funded under Section 73-20-9 to the water and power board construction fund proper.
(2) The balance remaining in the Emergency Water Resources Account after the transfer authorized by Subsection (1) of this section may be used for all purposes provided for under Title 73, Chapter 20 through December 31, 1978. Any amount in this account then remaining uncommitted shall be transferred immediately to the water and power board construction fund proper.
(3) Any amounts so transferred under Subsection (1) or
(2) of this section shall be substantially used initially
for agriculturally-related projects.
1978
