Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 207 (2023GS)

Sponsor

Rep. Snider, C.

Final action

Governor Signed 3/14/2023

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• addresses representation of the state related to compacts;
• amends provisions related to the Utah members of the Bear River Compact commission;
• amends provisions related to the Columbia Interstate Compact; and
• makes technical changes.

Every vote on this bill

Bill text

COMPACT COMMISSION AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Casey Snider
Senate Sponsor: 
Michael K. McKell
LONG TITLE
General Description:
This bill addresses state representatives on interstate compact commissions.
Highlighted Provisions:
This bill:
▸ addresses representation of the state related to compacts;
▸ amends provisions related to the Utah members of the Bear River Compact
commission;
▸ amends provisions related to the Columbia Interstate Compact; and
▸ makes technical changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
73-10-3
, as last amended by Laws of Utah 2021, Chapter 179
73-10-4
, as last amended by Laws of Utah 2021, Chapter 179
73-10-18
, as last amended by Laws of Utah 2021, Chapter 179
73-16-4
, as last amended by Laws of Utah 2010, Chapter 286
73-19-9
, as enacted by Laws of Utah 1963, Chapter 177
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
73-10-3
 is amended to read:
73-10-3.
Organization of board -- Interstate conferences -- Designation of
representative -- Salary -- Compacts -- Ratification required.
(1) The board shall elect a chair and one or more vice-chairs who shall be members of
the board, and shall establish the board's own rules of organization and procedure.
(2) The board, with the approval of the executive director of the Department of Natural
Resources and the governor, shall designate a representative who may be one of the board's
members to represent the state in [
all
] interstate conferences between the state 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 upon [
all
] commissions or other governing bodies provided for by any compacts that have
been or may hereafter be entered into between the state and one or more sister states. A
compact may not become binding upon the state until the compact is ratified and approved by
the Utah State Legislature and the legislatures of other states that are parties to the compact.
(3) In acting as such representative of the state, the representative so acting shall act
under the supervision of the governor, through the executive director of the Department 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 the representative is acting in
this capacity.
(4) The designee of the Water Resource Board shall continue to represent the state as
outlined in Subsections (2) and (3) on waters in the state except for
:
(a)
 the Colorado River system which is governed by Title 63M, Chapter 14, Colorado
River Authority of Utah Act
; or
(b) state representation under:
(i) the Bear River Compact as provided in Section 
73-16-4
; or
(ii) the Columbia Interstate Compact as provided in Section 
73-19-9
.
Section 2. Section 
73-10-4
 is amended to read:
73-10-4.
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 of
conservation projects 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) supervise in cooperation with the governor and the executive director of [
natural
resources all
] 
the Department of Natural Resources,
 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; 
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
;
(e) 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;
(f) consult and advise with the Utah Water Users' Association and other organized
water users' associations in the state;
(g) 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
(h) 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 3. Section 
73-10-18
 is amended to read:
73-10-18.
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, 
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.
Section 4. Section 
73-16-4
 is amended to read:
73-16-4.
Members of commission.
(1) There shall be three members of the Bear River Compact commission from the
state [
of Utah
].
(2) 
(a)
 One member shall be the [
interstate stream commissioner of Utah and he shall
be chairman of
] 
state engineer, who shall chair
 the Utah delegation.
(b)
 The 
Board of Water Resources shall appoint the
 other two commissioners from
Utah [
shall be appointed by the state water and power board
]
:
(i) after consultation with the state engineer;
(ii) after consultation with the director of the Division of Water Resources; and
(iii)
 with the consent of the governor[
, and they
]
.
(c) The two appointed members
 shall hold office at the pleasure of the [
water and
power board
] 
Board of Water Resources
 and until their successors [
shall have been
] 
are
appointed and qualified.
(3) 
(a)
 [
Each
] 
A
 member shall be a [
bona fide
] resident of the state [
of Utah and one
]
.
(b) One appointed member
 shall be a landowner and irrigator [
actually
] residing on and
operating a farm within the lower division as defined by the compact [
and one
]
.
(c) One appointed member
 shall be a landowner and irrigator [
actually
] residing on and
operating a farm within the upper division as defined by the compact.
(4) 
(a)
 The [
Utah water and power board
] 
Board of Water Resources
 may 
appoint two
alternative members of the Bear River Compact commission:
(i) after consultation with the state engineer;
(ii) after consultation with the director of the Division of Water Resources; and
(iii)
 with the consent of the governor
[
,
 appoint two alternate members of the Bear
River commission
].
[
(a)
] 
(b)
 One [
such
] alternate shall be a [
bona fide
] resident of the state [
of Utah
] and a
landowner and irrigator [
actually
] residing on and operating a farm within the lower division as
defined by the compact [
and he shall be entitled to
]
. The alternate may
 act at all regular and
special meetings of the Bear River 
Compact
 commission whenever the regular member of the
Bear River Compact
 commission from this same area is unable to serve and act.
[
(b)
] 
(c)
 One [
such
] alternate shall be a [
bona fide
] resident of the state [
of Utah
] and
shall be a landowner and irrigator [
actually
] residing on and operating a farm within the upper
division as defined by the compact [
and he shall be entitled to
]
. The alternate may
 act at all
regular and special meetings of the Bear River 
Compact
 commission whenever the regular
member of the 
Bear River Compact
 commission from this same area is unable to serve and act.
(5) A member may not receive compensation or benefits for the member's service, but
may receive per diem and travel expenses in accordance with:
(a) Section 
63A-3-106
;
(b) Section 
63A-3-107
; and
(c) rules made by the Division of Finance pursuant to Sections 
63A-3-106
 and
63A-3-107
.
Section 5. Section 
73-19-9
 is amended to read:
73-19-9.
Utah representative on Columbia Compact Commission.
The 
state engineer is the
 member of the Columbia Compact Commission [
to represent
the state of
] 
who represents
 Utah [
shall be the executive director of the Utah water and power
board
].