Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 76 Third Substitute (2023GS)

Sponsor

Sen. Sandall, S.

Final action

Governor Signed 3/14/2023

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• provides for a study;
• addresses grants for environmental improvement projects;
• requires certain municipal and county planning commissions to consult with the Division of Water Resources in development of general plans;
• addresses consultation with the Department of Agriculture and Food;
• requires notification of irrigation and canal companies in certain circumstances;
• requires counties to notify certain public water systems and request feedback on how elements of the general plan affect certain water planning;
• requires counties to consider planning for regionalization of public water systems;
• provides for action by the director of the Division of Drinking Water to establish regional source and storage minimum sizing standards or adjust system-specific sizing standards;
• addresses a change application by a shareholder of a water company;
• provides what may be included in a water conservation plan;
• modifies requirements related to the Division of Water Resources making rules for regional water conservation goals;
• requires the Division of Water Resources to consult with watershed councils under certain circumstances;
• changes the membership of the Water Development Coordinating Council;

Every vote on this bill

Bill text

WATER AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Scott D. Sandall
House Sponsor: 
Casey Snider
LONG TITLE
General Description:
This bill addresses coordination of planning related to water.
Highlighted Provisions:
This bill:
▸ provides for a study;
▸ addresses grants for environmental improvement projects;
▸ requires certain municipal and county planning commissions to consult with the
Division of Water Resources in development of general plans;
▸ addresses consultation with the Department of Agriculture and Food;
▸ requires notification of irrigation and canal companies in certain circumstances;
▸ requires counties to notify certain public water systems and request feedback on
how elements of the general plan affect certain water planning;
▸ requires counties to consider planning for regionalization of public water systems;
▸ provides for action by the director of the Division of Drinking Water to establish
regional source and storage minimum sizing standards or adjust system-specific
sizing standards;
▸ addresses a change application by a shareholder of a water company;
▸ provides what may be included in a water conservation plan;
▸ modifies requirements related to the Division of Water Resources making rules for
regional water conservation goals;
▸ requires the Division of Water Resources to consult with watershed councils under
certain circumstances;
▸ changes the membership of the Water Development Coordinating Council;
▸ directs the Water Development Coordinating Council to take actions related to the
coordination of growth and conservation planning; and
▸ makes technical changes.
Money Appropriated in this Bill:
This bill appropriates in fiscal year 2024:
▸ to the Department of Natural Resources -- Water Resources -- Planning, as a
one-time appropriation:
• from the General Fund, One-time, $500,000;
▸ to the Department of Natural Resources -- Water Resources -- Planning, as an
ongoing appropriation:
• from the General Fund, $130,000;
▸ to the Department of Environmental Quality - Drinking Water, System Assistance,
as an ongoing appropriation:
• from the General Fund, $130,000; and
▸ to the Department of Agriculture and Food -- Resource Conservation, as an ongoing
appropriation:
• from the General Fund, $130,000.
Other Special Clauses:
This bill provides a special effective date.
Utah Code Sections Affected:
AMENDS:
4-18-108
, as last amended by Laws of Utah 2022, Chapter 79
10-9a-403
, as last amended by Laws of Utah 2022, Chapters 282, 406 and last amended
by Coordination Clause, Laws of Utah 2022, Chapter 406
17-27a-403
, as last amended by Laws of Utah 2022, Chapters 282, 406
19-4-106
, as last amended by Laws of Utah 2020, Chapter 256
19-4-114
, as last amended by Laws of Utah 2020, Chapter 256
73-3-3.5
, as last amended by Laws of Utah 2015, Chapter 249
73-10-32
, as last amended by Laws of Utah 2022, Chapter 90
73-10-36
, as enacted by Laws of Utah 2022, Chapter 282
73-10c-3
, as last amended by Laws of Utah 2022, Chapter 66
ENACTS:
73-10c-11
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
4-18-108
 is amended to read:
4-18-108.
Grants for environmental improvement projects -- Criteria for award
-- Duties of commission.
(1) The commission may make a grant from the Agriculture Resource Development
Fund, or from funds appropriated by the federal government, Legislature, or another entity, to
an eligible entity, as defined by the department by rule made in accordance with Title 63G,
Chapter 3, Utah Administrative Rulemaking Act, for:
(a) control or eradication of noxious weeds and invasive plant species in cooperation
and coordination with a local weed board;
(b) the costs of plans or projects to improve manure management, control surface water
runoff, or address other environmental issues on a farm or ranch operation, including the costs
of preparing or implementing a nutrient management plan;
(c) the improvement of water quality;
(d) the improvement of water quantity and flows;
[
(d)
] 
(e)
 the development of watershed plans; or
[
(e)
] 
(f)
 a program to address other environmental issues.
(2) (a) In awarding a grant, the commission shall consider the following criteria:
(i) the ability of the grantee to pay for the costs of proposed plans or projects;
(ii) the availability of:
(A) matching funds provided by the grantee or another source; or
(B) material, labor, or other items of value provided in lieu of money by the grantee or
another source; and
(iii) the benefits that accrue to the general public by the awarding of a grant.
(b) The commission may establish by rule additional criteria for the awarding of a
grant.
(3) The commission shall make rules in accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act, to implement this section.
(4) The commission may appoint an advisory board to:
(a) assist with the grant process;
(b) make recommendations to the commission regarding grants; and
(c) establish policies and procedures for awarding loans or grants.
Section 2. Section 
10-9a-403
 is amended to read:
10-9a-403.
General plan preparation.
(1) (a) The planning commission shall provide notice, as provided in Section
10-9a-203
, of the planning commission's intent to make a recommendation to the municipal
legislative body for a general plan or a comprehensive general plan amendment when the
planning commission initiates the process of preparing the planning commission's
recommendation.
(b) The planning commission shall make and recommend to the legislative body a
proposed general plan for the area within the municipality.
(c) The plan may include areas outside the boundaries of the municipality if, in the
planning commission's judgment, those areas are related to the planning of the municipality's
territory.
(d) Except as otherwise provided by law or with respect to a municipality's power of
eminent domain, when the plan of a municipality involves territory outside the boundaries of
the municipality, the municipality may not take action affecting that territory without the
concurrence of the county or other municipalities affected.
(2) (a) At a minimum, the proposed general plan, with the accompanying maps, charts,
and descriptive and explanatory matter, shall include the planning commission's
recommendations for the following plan elements:
(i) a land use element that:
(A) designates the long-term goals and the proposed extent, general distribution, and
location of land for housing for residents of various income levels, business, industry,
agriculture, recreation, education, public buildings and grounds, open space, and other
categories of public and private uses of land as appropriate;
(B) includes a statement of the projections for and standards of population density and
building intensity recommended for the various land use categories covered by the plan;
(C) except for a city of the fifth class or a town, is coordinated to integrate the land use
element with the water use and preservation element; and
(D) except for a city of the fifth class or a town, accounts for the effect of land use
categories and land uses on water demand;
(ii) a transportation and traffic circulation element that:
(A) provides the general location and extent of existing and proposed freeways, arterial
and collector streets, public transit, active transportation facilities, and other modes of
transportation that the planning commission considers appropriate;
(B) for a municipality that has access to a major transit investment corridor, addresses
the municipality's plan for residential and commercial development around major transit
investment corridors to maintain and improve the connections between housing, employment,
education, recreation, and commerce;
(C) for a municipality that does not have access to a major transit investment corridor,
addresses the municipality's plan for residential and commercial development in areas that will
maintain and improve the connections between housing, transportation, employment,
education, recreation, and commerce; and
(D) correlates with the population projections, the employment projections, and the
proposed land use element of the general plan;
(iii) for a specified municipality as defined in Section 
10-9a-408
, a moderate income
housing element that:
(A) provides a realistic opportunity to meet the need for additional moderate income
housing within the next five years;
(B) selects three or more moderate income housing strategies described in Subsection
(2)(b)(iii) for implementation, including one additional moderate income housing strategy as
provided in Subsection (2)(b)(iv) for a specified municipality that has a fixed guideway public
transit station; and
(C) includes an implementation plan as provided in Subsection (2)(c); and
(iv) except for a city of the fifth class or a town, a water use and preservation element
that addresses:
(A) the effect of permitted development or patterns of development on water demand
and water infrastructure;
(B) methods of reducing water demand and per capita consumption for future
development;
(C) methods of reducing water demand and per capita consumption for existing
development; and
(D) opportunities for the municipality to modify the municipality's operations to
eliminate practices or conditions that waste water.
(b) In drafting the moderate income housing element, the planning commission:
(i) shall consider the Legislature's determination that municipalities shall facilitate a
reasonable opportunity for a variety of housing, including moderate income housing:
(A) to meet the needs of people of various income levels living, working, or desiring to
live or work in the community; and
(B) to allow people with various incomes to benefit from and fully participate in all
aspects of neighborhood and community life;
(ii) for a town, may include, and for a specified municipality as defined in Section
10-9a-408
, shall include, an analysis of how the municipality will provide a realistic
opportunity for the development of moderate income housing within the next five years;
(iii) for a town, may include, and for other municipalities, shall include, a
recommendation to implement three or more of the following moderate income housing
strategies:
(A) rezone for densities necessary to facilitate the production of moderate income
housing;
(B) demonstrate investment in the rehabilitation or expansion of infrastructure that
facilitates the construction of moderate income housing;
(C) demonstrate investment in the rehabilitation of existing uninhabitable housing
stock into moderate income housing;
(D) identify and utilize general fund subsidies or other sources of revenue to waive
construction related fees that are otherwise generally imposed by the municipality for the
construction or rehabilitation of moderate income housing;
(E) create or allow for, and reduce regulations related to, internal or detached accessory
dwelling units in residential zones;
(F) zone or rezone for higher density or moderate income residential development in
commercial or mixed-use zones near major transit investment corridors, commercial centers, or
employment centers;
(G) amend land use regulations to allow for higher density or new moderate income
residential development in commercial or mixed-use zones near major transit investment
corridors;
(H) amend land use regulations to eliminate or reduce parking requirements for
residential development where a resident is less likely to rely on the resident's own vehicle,
such as residential development near major transit investment corridors or senior living
facilities;
(I) amend land use regulations to allow for single room occupancy developments;
(J) implement zoning incentives for moderate income units in new developments;
(K) preserve existing and new moderate income housing and subsidized units by
utilizing a landlord incentive program, providing for deed restricted units through a grant
program, or, notwithstanding Section 
10-9a-535
, establishing a housing loss mitigation fund;
(L) reduce, waive, or eliminate impact fees related to moderate income housing;
(M) demonstrate creation of, or participation in, a community land trust program for
moderate income housing;
(N) implement a mortgage assistance program for employees of the municipality, an
employer that provides contracted services to the municipality, or any other public employer
that operates within the municipality;
(O) apply for or partner with an entity that applies for state or federal funds or tax
incentives to promote the construction of moderate income housing, an entity that applies for
programs offered by the Utah Housing Corporation within that agency's funding capacity, an
entity that applies for affordable housing programs administered by the Department of
Workforce Services, an entity that applies for affordable housing programs administered by an
association of governments established by an interlocal agreement under Title 11, Chapter 13,
Interlocal Cooperation Act, an entity that applies for services provided by a public housing
authority to preserve and create moderate income housing, or any other entity that applies for
programs or services that promote the construction or preservation of moderate income
housing;
(P) demonstrate utilization of a moderate income housing set aside from a community
reinvestment agency, redevelopment agency, or community development and renewal agency
to create or subsidize moderate income housing;
(Q) create a housing and transit reinvestment zone pursuant to Title 63N, Chapter 3,
Part 6, Housing and Transit Reinvestment Zone Act;
(R) eliminate impact fees for any accessory dwelling unit that is not an internal
accessory dwelling unit as defined in Section 
10-9a-530
;
(S) create a program to transfer development rights for moderate income housing;
(T) ratify a joint acquisition agreement with another local political subdivision for the
purpose of combining resources to acquire property for moderate income housing;
(U) develop a moderate income housing project for residents who are disabled or 55
years old or older;
(V) develop and adopt a station area plan in accordance with Section 
10-9a-403.1
;
(W) create or allow for, and reduce regulations related to, multifamily residential
dwellings compatible in scale and form with detached single-family residential dwellings and
located in walkable communities within residential or mixed-use zones; and
(X) demonstrate implementation of any other program or strategy to address the
housing needs of residents of the municipality who earn less than 80% of the area median
income, including the dedication of a local funding source to moderate income housing or the
adoption of a land use ordinance that requires 10% or more of new residential development in a
residential zone be dedicated to moderate income housing; and
(iv) in addition to the recommendations required under Subsection (2)(b)(iii), for a
municipality that has a fixed guideway public transit station, shall include a recommendation to
implement:
(A) the strategy described in Subsection (2)(b)(iii)(V); and
(B) a strategy described in Subsection (2)(b)(iii)(G), (H), or (Q).
(c) (i) In drafting the implementation plan portion of the moderate income housing
element as described in Subsection (2)(a)(iii)(C), the planning commission shall establish a
timeline for implementing each of the moderate income housing strategies selected by the
municipality for implementation.
(ii) The timeline described in Subsection (2)(c)(i) shall:
(A) identify specific measures and benchmarks for implementing each moderate
income housing strategy selected by the municipality, whether one-time or ongoing; and
(B) provide flexibility for the municipality to make adjustments as needed.
(d) In drafting the land use element, the planning commission shall:
(i) identify and consider each agriculture protection area within the municipality;
(ii) avoid proposing a use of land within an agriculture protection area that is
inconsistent with or detrimental to the use of the land for agriculture; and
(iii) consider and coordinate with any station area plans adopted by the municipality if
required under Section 
10-9a-403.1
.
(e) In drafting the transportation and traffic circulation element, the planning
commission shall:
(i) (A) consider and coordinate with the regional transportation plan developed by the
municipality's region's metropolitan planning organization, if the municipality is within the
boundaries of a metropolitan planning organization; or
(B) consider and coordinate with the long-range transportation plan developed by the
Department of Transportation, if the municipality is not within the boundaries of a
metropolitan planning organization; and
(ii) consider and coordinate with any station area plans adopted by the municipality if
required under Section 
10-9a-403.1
.
(f) In drafting the water use and preservation element, the planning commission:
(i) shall consider:
(A) applicable regional water conservation goals recommended by the Division of
Water Resources; and
(B) if Section 
73-10-32
 requires the municipality to adopt a water conservation plan
pursuant to Section 
73-10-32
, the municipality's water conservation plan;
(ii) shall include a recommendation for:
(A) water conservation policies to be determined by the municipality; and
(B) landscaping options within a public street for current and future development that
do not require the use of lawn or turf in a parkstrip;
(iii) shall review the municipality's land use ordinances and include a recommendation
for changes to an ordinance that promotes the inefficient use of water;
(iv) shall consider principles of sustainable landscaping, including the:
(A) reduction or limitation of the use of lawn or turf;
(B) promotion of site-specific landscape design that decreases stormwater runoff or
runoff of water used for irrigation;
(C) preservation and use of healthy trees that have a reasonable water requirement or
are resistant to dry soil conditions;
(D) elimination or regulation of ponds, pools, and other features that promote
unnecessary water evaporation;
(E) reduction of yard waste; and
(F) use of an irrigation system, including drip irrigation, best adapted to provide the
optimal amount of water to the plants being irrigated;
(v) shall consult with the public water system or systems serving the municipality with
drinking water regarding how implementation of the land use element and water use and
preservation element may affect:
(A) water supply planning, including drinking water source and storage capacity
consistent with Section 
19-4-114
; and
(B) water distribution planning, including master plans, infrastructure asset
management programs and plans, infrastructure replacement plans, and impact fee facilities
plans;
(vi) shall consult with the Division of Water Resources for information and technical
resources regarding regional water conservation goals, including how implementation of the
land use element and the water use and preservation element may affect the Great Salt Lake;
[
(vi)
] 
(vii)
 may include recommendations for additional water demand reduction
strategies, including:
(A) creating a water budget associated with a particular type of development;
(B) adopting new or modified lot size, configuration, and landscaping standards that
will reduce water demand for new single family development;
(C) providing one or more water reduction incentives for existing development such as
modification of existing landscapes and irrigation systems and installation of water fixtures or
systems that minimize water demand;
(D) discouraging incentives for economic development activities that do not adequately
account for water use or do not include strategies for reducing water demand; and
(E) adopting water concurrency standards requiring that adequate water supplies and
facilities are or will be in place for new development; and
[
(vii)
] 
(viii)
 for a town, may include, and for another municipality, shall include, a
recommendation for low water use landscaping standards for a new:
(A) commercial, industrial, or institutional development;
(B) common interest community, as defined in Section 
57-25-102
; or
(C) multifamily housing project.
(3) The proposed general plan may include:
(a) an environmental element that addresses:
(i) the protection, conservation, development, and use of natural resources, including
the quality of:
(A) air;
(B) forests;
(C) soils;
(D) rivers;
(E) groundwater and other waters;
(F) harbors;
(G) fisheries;
(H) wildlife;
(I) minerals; and
(J) other natural resources; and
(ii) (A) the reclamation of land, flood control, prevention and control of the pollution
of streams and other waters;
(B) the regulation of the use of land on hillsides, stream channels and other
environmentally sensitive areas;
(C) the prevention, control, and correction of the erosion of soils;
(D) the preservation and enhancement of watersheds and wetlands; and
(E) the mapping of known geologic hazards;
(b) a public services and facilities element showing general plans for sewage, water,
waste disposal, drainage, public utilities, rights-of-way, easements, and facilities for them,
police and fire protection, and other public services;
(c) a rehabilitation, redevelopment, and conservation element consisting of plans and
programs for:
(i) historic preservation;
(ii) the diminution or elimination of a development impediment as defined in Section
17C-1-102
; and
(iii) redevelopment of land, including housing sites, business and industrial sites, and
public building sites;
(d) an economic element composed of appropriate studies and forecasts, as well as an
economic development plan, which may include review of existing and projected municipal
revenue and expenditures, revenue sources, identification of basic and secondary industry,
primary and secondary market areas, employment, and retail sales activity;
(e) recommendations for implementing all or any portion of the general plan, including
the adoption of land and water use ordinances, capital improvement plans, community
development and promotion, and any other appropriate action;
(f) provisions addressing any of the matters listed in Subsection 
10-9a-401
(2) or (3);
and
(g) any other element the municipality considers appropriate.
Section 3. Section 
17-27a-403
 is amended to read:
17-27a-403.
Plan preparation.
(1) (a) The planning commission shall provide notice, as provided in Section
17-27a-203
, of the planning commission's intent to make a recommendation to the county
legislative body for a general plan or a comprehensive general plan amendment when the
planning commission initiates the process of preparing the planning commission's
recommendation.
(b) The planning commission shall make and recommend to the legislative body a
proposed general plan for:
(i) the unincorporated area within the county; or
(ii) if the planning commission is a planning commission for a mountainous planning
district, the mountainous planning district.
(c) (i) The plan may include planning for incorporated areas if, in the planning
commission's judgment, they are related to the planning of the unincorporated territory or of
the county as a whole.
(ii) Elements of the county plan that address incorporated areas are not an official plan
or part of a municipal plan for any municipality, unless the county plan is recommended by the
municipal planning commission and adopted by the governing body of the municipality.
(2) (a) At a minimum, the proposed general plan, with the accompanying maps, charts,
and descriptive and explanatory matter, shall include the planning commission's
recommendations for the following plan elements:
(i) a land use element that:
(A) designates the long-term goals and the proposed extent, general distribution, and
location of land for housing for residents of various income levels, business, industry,
agriculture, recreation, education, public buildings and grounds, open space, and other
categories of public and private uses of land as appropriate;
(B) includes a statement of the projections for and standards of population density and
building intensity recommended for the various land use categories covered by the plan;
(C) is coordinated to integrate the land use element with the water use and preservation
element; and
(D) accounts for the effect of land use categories and land uses on water demand;
(ii) a transportation and traffic circulation element that:
(A) provides the general location and extent of existing and proposed freeways, arterial
and collector streets, public transit, active transportation facilities, and other modes of
transportation that the planning commission considers appropriate;
(B) addresses the county's plan for residential and commercial development around
major transit investment corridors to maintain and improve the connections between housing,
employment, education, recreation, and commerce; and
(C) correlates with the population projections, the employment projections, and the
proposed land use element of the general plan;
(iii) for a specified county as defined in Section 
17-27a-408
, a moderate income
housing element that:
(A) provides a realistic opportunity to meet the need for additional moderate income
housing within the next five years;
(B) selects three or more moderate income housing strategies described in Subsection
(2)(b)(ii) for implementation; 
and
(C) includes an implementation plan as provided in Subsection (2)(e);
(iv) a resource management plan detailing the findings, objectives, and policies
required by Subsection 
17-27a-401
(3); and
(v) a water use and preservation element that addresses:
(A) the effect of permitted development or patterns of development on water demand
and water infrastructure;
(B) methods of reducing water demand and per capita consumption for future
development;
(C) methods of reducing water demand and per capita consumption for existing
development; and
(D) opportunities for the county to modify the county's operations to eliminate
practices or conditions that waste water.
(b) In drafting the moderate income housing element, the planning commission:
(i) shall consider the Legislature's determination that counties should facilitate a
reasonable opportunity for a variety of housing, including moderate income housing:
(A) to meet the needs of people of various income levels living, working, or desiring to
live or work in the community; and
(B) to allow people with various incomes to benefit from and fully participate in all
aspects of neighborhood and community life; and
(ii) shall include an analysis of how the county will provide a realistic opportunity for
the development of moderate income housing within the planning horizon, including a
recommendation to implement three or more of the following moderate income housing
strategies:
(A) rezone for densities necessary to facilitate the production of moderate income
housing;
(B) demonstrate investment in the rehabilitation or expansion of infrastructure that
facilitates the construction of moderate income housing;
(C) demonstrate investment in the rehabilitation of existing uninhabitable housing
stock into moderate income housing;
(D) identify and utilize county general fund subsidies or other sources of revenue to
waive construction related fees that are otherwise generally imposed by the county for the
construction or rehabilitation of moderate income housing;
(E) create or allow for, and reduce regulations related to, internal or detached accessory
dwelling units in residential zones;
(F) zone or rezone for higher density or moderate income residential development in
commercial or mixed-use zones, commercial centers, or employment centers;
(G) amend land use regulations to allow for higher density or new moderate income
residential development in commercial or mixed-use zones near major transit investment
corridors;
(H) amend land use regulations to eliminate or reduce parking requirements for
residential development where a resident is less likely to rely on the resident's own vehicle,
such as residential development near major transit investment corridors or senior living
facilities;
(I) amend land use regulations to allow for single room occupancy developments;
(J) implement zoning incentives for moderate income units in new developments;
(K) preserve existing and new moderate income housing and subsidized units by
utilizing a landlord incentive program, providing for deed restricted units through a grant
program, or establishing a housing loss mitigation fund;
(L) reduce, waive, or eliminate impact fees related to moderate income housing;
(M) demonstrate creation of, or participation in, a community land trust program for
moderate income housing;
(N) implement a mortgage assistance program for employees of the county, an
employer that provides contracted services for the county, or any other public employer that
operates within the county;
(O) apply for or partner with an entity that applies for state or federal funds or tax
incentives to promote the construction of moderate income housing, an entity that applies for
programs offered by the Utah Housing Corporation within that agency's funding capacity, an
entity that applies for affordable housing programs administered by the Department of
Workforce Services, an entity that applies for services provided by a public housing authority
to preserve and create moderate income housing, or any other entity that applies for programs
or services that promote the construction or preservation of moderate income housing;
(P) demonstrate utilization of a moderate income housing set aside from a community
reinvestment agency, redevelopment agency, or community development and renewal agency
to create or subsidize moderate income housing;
(Q) create a housing and transit reinvestment zone pursuant to Title 63N, Chapter 3,
Part 6, Housing and Transit Reinvestment Zone Act;
(R) eliminate impact fees for any accessory dwelling unit that is not an internal
accessory dwelling unit as defined in Section 
10-9a-530
;
(S) create a program to transfer development rights for moderate income housing;
(T) ratify a joint acquisition agreement with another local political subdivision for the
purpose of combining resources to acquire property for moderate income housing;
(U) develop a moderate income housing project for residents who are disabled or 55
years old or older;
(V) create or allow for, and reduce regulations related to, multifamily residential
dwellings compatible in scale and form with detached single-family residential dwellings and
located in walkable communities within residential or mixed-use zones; and
(W) demonstrate implementation of any other program or strategy to address the
housing needs of residents of the county who earn less than 80% of the area median income,
including the dedication of a local funding source to moderate income housing or the adoption
of a land use ordinance that requires 10% or more of new residential development in a
residential zone be dedicated to moderate income housing.
(iii) If a specified county, as defined in Section 
17-27a-408
, has created a small public
transit district, as defined in Section 
17B-2a-802
, on or before January 1, 2022, the specified
county shall include as part of the specified county's recommended strategies under Subsection
(2)(b)(ii) a recommendation to implement the strategy described in Subsection (2)(b)(ii)(Q).
(c) In drafting the land use element, the planning commission shall:
(i) identify and consider each agriculture protection area within the unincorporated area
of the county or mountainous planning district;
(ii) avoid proposing a use of land within an agriculture protection area that is
inconsistent with or detrimental to the use of the land for agriculture; and
(iii) consider and coordinate with any station area plans adopted by municipalities
located within the county under Section 
10-9a-403.1
.
(d) In drafting the transportation and traffic circulation element, the planning
commission shall:
(i) (A) consider and coordinate with the regional transportation plan developed by the
county's region's metropolitan planning organization, if the relevant areas of the county are
within the boundaries of a metropolitan planning organization; or
(B) consider and coordinate with the long-range transportation plan developed by the
Department of Transportation, if the relevant areas of the county are not within the boundaries
of a metropolitan planning organization; and
(ii) consider and coordinate with any station area plans adopted by municipalities
located within the county under Section 
10-9a-403.1
.
(e) (i) In drafting the implementation plan portion of the moderate income housing
element as described in Subsection (2)(a)(iii)(C), the planning commission shall establish a
timeline for implementing each of the moderate income housing strategies selected by the
county for implementation.
(ii) The timeline described in Subsection (2)(e)(i) shall:
(A) identify specific measures and benchmarks for implementing each moderate
income housing strategy selected by the county; and
(B) provide flexibility for the county to make adjustments as needed.
(f) In drafting the water use and preservation element, the planning commission:
(i) shall consider applicable regional water conservation goals recommended by the
Division of Water Resources;
(ii) shall consult with the Division of Water Resources for information and technical
resources regarding regional water conservation goals, including how implementation of the
land use element and water use and preservation element may affect the Great Salt Lake;
(iii) shall notify the community water systems serving drinking water within the
unincorporated portion of the county and request feedback from the community water systems
about how implementation of the land use element and water use and preservation element may
affect:
(A) water supply planning, including drinking water source and storage capacity
consistent with Section 
19-4-114
; and
(B) water distribution planning, including master plans, infrastructure asset
management programs and plans, infrastructure replacement plans, and impact fee facilities
plans;
(iv) shall consider the potential opportunities and benefits of planning for
regionalization of public water systems;
(v) shall consult with the Department of Agriculture and Food for information and
technical resources regarding the potential benefits of agriculture conservation easements and
potential implementation of agriculture water optimization projects that would support regional
water conservation goals;
(vi) shall notify an irrigation or canal company located in the county so that the
irrigation or canal company can be involved in the protection and integrity of the irrigation or
canal company's delivery systems;
[
(ii)
] 
(vii)
 shall include a recommendation for:
(A) water conservation policies to be determined by the county; and
(B) landscaping options within a public street for current and future development that
do not require the use of lawn or turf in a parkstrip;
[
(iii)
] 
(viii)
 shall review the county's land use ordinances and include a
recommendation for changes to an ordinance that promotes the inefficient use of water;
[
(iv)
] 
(ix)
 shall consider principles of sustainable landscaping, including the:
(A) reduction or limitation of the use of lawn or turf;
(B) promotion of site-specific landscape design that decreases stormwater runoff or
runoff of water used for irrigation;
(C) preservation and use of healthy trees that have a reasonable water requirement or
are resistant to dry soil conditions;
(D) elimination or regulation of ponds, pools, and other features that promote
unnecessary water evaporation;
(E) reduction of yard waste; and
(F) use of an irrigation system, including drip irrigation, best adapted to provide the
optimal amount of water to the plants being irrigated;
[
(v)
] 
(x)
 may include recommendations for additional water demand reduction
strategies, including:
(A) creating a water budget associated with a particular type of development;
(B) adopting new or modified lot size, configuration, and landscaping standards that
will reduce water demand for new single family development;
(C) providing one or more water reduction incentives for existing landscapes and
irrigation systems and installation of water fixtures or systems that minimize water demand;
(D) discouraging incentives for economic development activities that do not adequately
account for water use or do not include strategies for reducing water demand; and
(E) adopting water concurrency standards requiring that adequate water supplies and
facilities are or will be in place for new development; and
[
(vi)
] 
(xi)
 shall include a recommendation for low water use landscaping standards for
a new:
(A) commercial, industrial, or institutional development;
(B) common interest community, as defined in Section 
57-25-102
; or
(C) multifamily housing project.
(3) The proposed general plan may include:
(a) an environmental element that addresses:
(i) to the extent not covered by the county's resource management plan, the protection,
conservation, development, and use of natural resources, including the quality of:
(A) air;
(B) forests;
(C) soils;
(D) rivers;
(E) groundwater and other waters;
(F) harbors;
(G) fisheries;
(H) wildlife;
(I) minerals; and
(J) other natural resources; and
(ii) (A) the reclamation of land, flood control, prevention and control of the pollution
of streams and other waters;
(B) the regulation of the use of land on hillsides, stream channels and other
environmentally sensitive areas;
(C) the prevention, control, and correction of the erosion of soils;
(D) the preservation and enhancement of watersheds and wetlands; and
(E) the mapping of known geologic hazards;
(b) a public services and facilities element showing general plans for sewage, water,
waste disposal, drainage, public utilities, rights-of-way, easements, and facilities for them,
police and fire protection, and other public services;
(c) a rehabilitation, redevelopment, and conservation element consisting of plans and
programs for:
(i) historic preservation;
(ii) the diminution or elimination of a development impediment as defined in Section
17C-1-102
; and
(iii) redevelopment of land, including housing sites, business and industrial sites, and
public building sites;
(d) an economic element composed of appropriate studies and forecasts, as well as an
economic development plan, which may include review of existing and projected county
revenue and expenditures, revenue sources, identification of basic and secondary industry,
primary and secondary market areas, employment, and retail sales activity;
(e) recommendations for implementing all or any portion of the general plan, including
the adoption of land and water use ordinances, capital improvement plans, community
development and promotion, and any other appropriate action;
(f) provisions addressing any of the matters listed in Subsection 
17-27a-401
(2) or
(3)(a)(i); and
(g) any other element the county considers appropriate.
Section 4. Section 
19-4-106
 is amended to read:
19-4-106.
Director -- Appointment -- Authority.
(1) The executive director shall appoint the director. The director shall serve under the
administrative direction of the executive director.
(2) The director shall:
(a) develop programs to promote and protect the quality of the public drinking water
supplies of the state;
(b) advise, consult, and cooperate with other agencies of this and other states, the
federal government, and with other groups, political subdivisions, and industries in furtherance
of the purpose of this chapter;
(c) review plans, specifications, and other data pertinent to proposed or expanded water
supply systems to ensure proper design and construction; and
(d) subject to the provisions of this chapter, enforce rules made by the board through
the issuance of orders that may be subsequently revoked, which orders may require:
(i) discontinuance of use of unsatisfactory sources of drinking water;
(ii) suppliers to notify the public concerning the need to boil water; or
(iii) suppliers in accordance with existing rules, to take remedial actions necessary to
protect or improve an existing water system; and
(e) as authorized by the board and subject to the provisions of this chapter, act as
executive secretary of the board under the direction of the chair of the board.
(3) The director may authorize employees or agents of the department, after reasonable
notice and presentation of credentials, to enter any part of a public water system at reasonable
times to inspect the facilities and water quality records required by board rules, conduct
sanitary surveys, take samples, and investigate the standard of operation and service delivered
by public water systems.
(4) As provided in this chapter and in accordance with rules made by the board
, the
director may
:
(a) [
the director may
] issue and enforce a notice of violation and an administrative
order; and
(b) [
the director may
] assess and make a demand for payment of an administrative
penalty arising from a violation of this chapter, a rule or order issued under the authority of this
chapter, or the terms of a permit or other administrative authorization issued under the
authority of this chapter.
(5) (a) The director shall study how water providers, municipalities, counties, and state
agencies may find greater efficiencies through improved coordination, consolidation, and
regionalization related to:
(i) water use and conservation; and
(ii) administrative and economic efficiencies.
(b) The study under this Subsection (5) shall consider recommendations including
incentives, funding, regulatory changes, and statutory changes to promote greater coordination
and efficiency and to help meet water infrastructure needs statewide.
(c) The director shall:
(i) conduct the study in conjunction with the Division of Water Resources; and
(ii) consult with a diverse group consisting of water providers, state agencies, local
governments, and relevant stakeholders to help the director conduct the study and develop
recommendations described in this Subsection (5).
(d) On or before October 30, 2024, the director shall provide a written report of the
study's findings, including any recommended legislative action, to the Natural Resources,
Agriculture, and Environment Interim Committee.
Section 5. Section 
19-4-114
 is amended to read:
19-4-114.
Source and storage minimum sizing requirements for public water
systems.
(1) (a) Except as provided in Subsection (1)(b), upon submission of plans for a
substantial addition to or alteration of a community water system, the director shall establish
system-specific source and storage minimum sizing requirements for a community water
system serving a population of more than 3,300 based on at least the most recent three years of
a community water system's actual water use data submitted in accordance with Subsections
19-4-104
(1)(c)(iv) and (v).
(b) If the water use data required under Subsection 
19-4-104
(1)(c)(iv) is not available
to the division, or if the community water system determines that the data submitted does not
represent future system use, the director may establish source and storage minimum sizing
requirements for the community water system based on:
(i) an engineering study submitted by the community water system and accepted by the
director; or
(ii) at least three years of historical water use data that is:
(A) submitted by the community water system; and
(B) accepted by the director.
(c) A community water system serving a population of more than 3,300 shall provide
the information necessary to establish the system-specific standards described in this
Subsection (1) by no later than March 1, 2019.
(2) (a) By no later than October 1, 2023, and except as provided in Subsection (2)(b),
the director shall establish system-specific source and storage minimum sizing requirements for
a community water system serving a population of between 500 and no more than 3,300 based
on at least the most recent three years of a community water system's actual water use data
submitted in accordance with Subsections 
19-4-104
(1)(c)(iv) and (v).
(b) If the water use data required under Subsection 
19-4-104
(1)(c)(iv) is not available
to the division, or if the community water system determines that the data submitted does not
represent future system use, the director may establish source and storage minimum sizing
requirements for the community water system based on:
(i) an engineering study submitted by the community water system and accepted by the
director; or
(ii) at least three years of historical water use data that is:
(A) submitted by the community water system; and
(B) accepted by the director.
(c) A community water system serving a population of between 500 and no more than
3,300 shall provide the information necessary to establish system-specific standards described
in this Subsection (2) by no later than March 1, 2023.
(3) The director shall establish system-specific source and storage minimum sizing
requirements for a community water system serving a population of fewer than 500 based on:
(a) at least the most recent three years of a community water system's actual water use
data submitted to the division and accepted by the director;
(b) an engineering study submitted by the community water system and accepted by the
director;
(c) standards, comparable to those of established community water systems, as
determined by the director; or
(d) relevant information, as determined by the director.
(4) The director shall:
(a) for community water systems described in Subsection (3), establish a schedule to
transition from statewide sizing standards to system-specific standards;
(b) establish minimum sizing standards for public water systems that are not
community water systems;
(c) provide for the routine evaluation of changes to the system-specific standards; and
(d) include, as part of system-specific standards, necessary fire storage capacity in
accordance with the state fire code adopted under Section 
15A-1-403
 and as determined by the
local fire code official.
(5) The director may adjust system-specific sizing standards, established under this
section for a public water system, based on information submitted by the public water system
addressing the effect of any wholesale water deliveries or other system-specific conditions
affecting infrastructure needs.
(6) [
A
] 
Except as provided for under Subsection (7), a
 wholesale water supplier is
exempt from this section if the wholesale water supplier serves:
(a) a total population of more than 10,000; and
(b) a wholesale population that is 75% or more of the total population served.
(7) Upon request of a wholesale water supplier and the community water systems
receiving water from the wholesale water supplier, the director may establish regional source
and storage minimum sizing standards for community water systems receiving water from the
wholesale water supplier using actual water use data submitted by the wholesale water supplier
and the community water systems served by the wholesale water supplier.
(8) The director may adjust system-specific sizing standards established under this
section for a public water system based on adopted enforceable water conservation measures
that are consistent with regional water conservation goals adopted pursuant to Subsection
73-10-32
(2)(d)(ii)(A) or (B).
Section 6. Section 
73-3-3.5
 is amended to read:
73-3-3.5.
Application for a change of point of diversion, place of use, or purpose
of use of water in a water company made by a shareholder.
(1) As used in this section:
(a) "Shareholder" means the owner of a share of stock, or other evidence of stock
ownership, that entitles the person to a proportionate share of water in a water company.
(b) "Water company" means, except as described in Subsection (1)(c), any company,
operating for profit or not for profit, where a shareholder has the right to receive a
proportionate share, based on that shareholder's ownership interest, of water delivered by the
company.
(c) "Water company" does not include a public water supplier, as defined in Section
73-1-4
.
(2) (a) A shareholder who seeks to file a change application under Section 
73-3-3
 to
make a change to some or all of the water rights represented by the shareholder's shares in a
water company shall:
(i) prepare a proposed change application on forms furnished by the state engineer; and
(ii) provide the proposed change application to the water company by personal delivery
with a signed receipt, certified mail, or electronic mail with confirmation of receipt.
(b) The water company and the shareholder shall cooperate in supplying information
relevant to preparation or correction of the shareholder's change application.
(c) In addition to the information required under Section 
73-3-3
, the proposed change
application shall include:
(i) the certificate number of the stock affected by the change;
(ii) a description of the land proposed to be retired from irrigation in accordance with
Section 
73-3-3
, if the proposed change in place or nature of use of the water involves a
situation where the water was previously used for irrigation;
(iii) an agreement by the shareholder to continue to pay all applicable corporate
assessments on the share affected by the change; and
(iv) any other information that the water company may reasonably need to evaluate the
proposed change application.
(3) (a) [
The water company shall respond to the proposed change application described
in Subsection (2) within 120 days after the day on which the water company receives the
proposed change application.
] 
The water company shall respond to the proposed change
application described in Subsection (2) within:
(i) for a permanent change application, 120 days after the day on which the water
company receives the proposed change application; or
(ii) for a temporary change application, 60 days after the day on which the water
company receives the proposed change application.
(b) The water company's response to the proposed change application shall be in
writing and shall:
(i) consent to the proposed change;
(ii) consent to the proposed change, subject to certain conditions described by the water
company; or
(iii) decline to consent to the proposed change, describing the reasons for declining to
consent.
(c) If the water company fails to timely respond, as described in Subsection (3)(a), the
failure to respond shall be considered the water company's consent to the proposed change
application and the shareholder may file the change application with the state engineer.
(4) (a) In reviewing a shareholder's proposed change application, a water company may
consider:
(i) whether an increased cost to the water company or its shareholders results from the
proposed change;
(ii) whether the proposed change will interfere with the water company's ability to
manage and distribute water for the benefit of all shareholders;
(iii) whether the proposed change represents more water than the shareholder's
proportionate share of the water company's right;
(iv) whether the proposed change would create preferential access to use of particular
company water rights to the detriment of other shareholders;
(v) whether the proposed change will impair the quantity or quality of water delivered
to other shareholders under the existing water rights of the water company, including rights to
carrier water;
(vi) whether the proposed change violates a statute, ordinance, regulation, or order of a
court or government agency;
(vii) if applicable, whether the shareholder has or can arrange for the beneficial use of
water to be retired from irrigation within the water company's service area under the proposed
change; and
(viii) the cumulative effects that the approval of the change application may have on
other shareholders or water company operations.
(b) The water company may not withhold consent if any potential damage, liability, or
impairment to the water company, or its shareholders, can be reasonably mitigated without cost
to the water company.
(c) The water company may require the shareholder to pay all reasonable and necessary
costs associated with the change application, but may not impose unreasonable exactions.
(5) (a) If the water company declines to consent to the proposed change application,
stating its reasons, the shareholder may file an action in district court, seeking court review of
the reasonableness of the conditions imposed for giving consent or the reasons stated for
declining consent and a final order allowing the shareholder to file the proposed change
application with the state engineer.
(b) If the water company consents to the proposed change application subject to
conditions to which the shareholder does not agree, the shareholder may file the change
application with the state engineer as provided in Subsection (6), without waiving the
shareholder's right to contest conditions set by the water company under Subsection (3)(b)(ii).
(c) During or after the completion of the proceeding before the state engineer
commenced under Subsection (6), the shareholder may file an action in district court seeking
court review of the reasonableness of the conditions imposed by the water company for giving
consent.
(d) In an action brought under Subsection (5)(a), (b), or (c), the court:
(i) shall refer the parties to mediation under Title 78B, Chapter 6, Part 2, Alternative
Dispute Resolution Act, unless one or both parties decline mediation; and
(ii) may award costs and reasonable attorney fees to the prevailing party if mediation
does not occur because the other party declined to participate in mediation.
(6) If the water company consents to the proposed change, the water company fails to
respond as required by Subsection (3)(a), the court has entered an order described in
Subsection (5)(a), or the water company consents to the proposed change subject to conditions
to which the shareholder does not agree, as described in Subsection (5)(b), the shareholder may
commence an administrative proceeding by filing the change application with the state
engineer in accordance with Section 
73-3-3
 and this section.
(7) The shareholder shall include as part of the change application filed with the state
engineer under Subsection (5)(b) or (6):
(a) the water company's response to the shareholder's proposed change application;
(b) if applicable, an affidavit signed by the shareholder documenting the water
company's failure to respond in the time period described in Subsection (3)(a); or
(c) if applicable, the court order described in Subsection (5)(a).
(8) (a) The state engineer shall evaluate a shareholder's change application in the same
manner used to evaluate a change application submitted under Section 
73-3-3
, using the criteria
described in Section 
73-3-8
.
(b) Nothing in this section limits the authority of the state engineer in evaluating and
processing a change application, including the authority to require or allow a shareholder or
water company to submit additional relevant information, if the state engineer finds an absence
of prejudice and allows adequate time and opportunity for the other party to respond.
(9) If the state engineer approves a shareholder's change application, the state engineer
may, for shares included in the approval, require that the shareholder requesting the change be
current on all water company assessments and continue to pay all reasonably applicable future
assessments, with credit given to the shareholder for any cost savings to the company resulting
from the change.
(10) By mutual agreement only, and when the shares will rely upon a different
diversion and delivery system, the water company and the shareholder may negotiate a buyout
from the water company that may include a pro rata share of the water company's existing
indebtedness assignable to the shares.
(11) After an application has been approved by the state engineer, the shareholder may
file requests for extensions of time to submit proof of beneficial use under the change
application without further involvement of the water company.
(12) If, after a proposed change has been approved and gone into effect, a shareholder
fails to substantially comply with a condition described in Subsection (9), or any condition
reasonably imposed by the company and agreed to by the shareholder, and neglects to remedy
the failure after written notice from the water company that allows the shareholder a reasonable
opportunity to remedy the failure, no less than 90 days after the day on which the water
company gives notice, the water company may petition the state engineer to order a reversal of
the change application approval.
(13) (a) The shareholder requesting the change shall have a cause of action, including
an award of actual damages incurred, against the water company if the water company:
(i) unreasonably withholds approval of a requested change;
(ii) imposes unreasonable conditions in its approval; or
(iii) withdraws approval of a change application in a manner other than as provided in
Subsection (12).
(b) The court may award costs and reasonable attorney fees:
(i) to the shareholder if the court finds that the water company acted in bad faith when
it declined to consent to the proposed change or conditioned its consent on excessive exactions
or unreasonable conditions; or
(ii) to the water company if it finds that the shareholder acted in bad faith in refusing to
accept conditions reasonably necessary to protect other shareholders if the shareholder's change
application is approved.
Section 7. Section 
73-10-32
 is amended to read:
73-10-32.
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; [
and
]
(x) regional conservation planning and shared shortage agreements; and
[
(x)
] 
(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 Section 
63M-14-204
;
(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;
[
(B)
] 
(E)
 are reevaluated by December 31, 2030, and every 10 years after December
31, 2030; and
[
(C)
] 
(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 in at least three public
places within the service area of the water provider and:
(A) if the water provider is a public entity, posts notice on the Utah Public Notice
Website, created in Section 
63A-16-601
; or
(B) if the water provider is a private entity and has a public website, posts notice 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 [
publically
] 
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 8. Section 
73-10-36
 is amended to read:
73-10-36.
Division to provide technical assistance in local government planning.
(1) As used in this section:
(a) "Division" means the Division of Water Resources.
(b) "General plan":
(i) for a municipality, means the same as that term is defined in Section 
10-9a-103
; and
(ii) for a county, means the same as that term is defined in Section 
17-27a-103
.
(c) "Local government" means a county or a municipality, as defined in Section
10-1-104
.
(d) "Watershed council" means a council created under Chapter 10g, Part 3, Watershed
Councils Act.
(2) The division [
may
] 
shall
 provide technical assistance to a local government to
support the local government's adoption of a water use and preservation element in a general
plan.
(3) When consulted by a local government for information and technical resources
regarding regional water conservation goals under Subsection 
10-9a-403
(2)(f)(vi) or
17-27a-403
(2)(f)(ii), the division may seek input from the appropriate watershed council or
councils.
Section 9. Section 
73-10c-3
 is amended to read:
73-10c-3.
Water Development Coordinating Council created -- Purpose --
Members.
(1) (a) There is created within the Department of Natural Resources a Water
Development Coordinating Council. The council is comprised of:
(i) the director of the Division of Water Resources;
(ii) the executive secretary of the Water Quality Board;
(iii) the executive secretary of the Drinking Water Board;
(iv) the director of the Housing and Community Development Division or the director's
designee; [
and
]
(v) the state treasurer or the state treasurer's designee[
.
]
; and
(vi) the commissioner of the Department of Agriculture and Food, or the
commissioner's designee.
(b) The council shall choose a chair and vice chair from among [
its
] 
the council's
 own
members.
(c) A member may not receive compensation or benefits for the 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 Division of Finance pursuant to Sections 
63A-3-106
 and
63A-3-107
.
(2) The purposes of the council are to:
(a) coordinate the use and application of the funds available to the state to give
financial assistance to political subdivisions of this state so as to promote the conservation,
development, treatment, restoration, and protection of the waters of this state;
(b) promote the coordination of the financial assistance programs administered by the
state and the use of the financing alternative most economically advantageous to the state and
its political subdivisions;
(c) promote the consideration by the Board of Water Resources, Drinking Water
Board, and Water Quality Board of regional solutions to the water and wastewater needs of
individual political subdivisions of this state;
(d) assess the adequacy and needs of the state and its political subdivisions with respect
to water-related infrastructures and advise the governor and the Legislature on those funding
needs; and
(e) conduct reviews and reports on water-related infrastructure issues as directed by
statute.
Section 10. Section 
73-10c-11
 is enacted to read:
 73-10c-11.
Actions related to coordination of growth and conservation planning. 
(1) (a) The council shall identify how different agencies may work together to assist the
following in coordinating growth and conservation planning related to water:
(i) municipalities, as defined in Section 
10-1-104
;
(ii) counties;
(iii) water conservancy districts, as defined in Section 
17B-1-102
; and
(iv) public water systems, as defined in Section 
19-4-102
.
(b) To comply with Subsection (1)(a), the council shall consider Sections 
10-9a-403
,
17-27a-403
, 
19-4-114
, and 
73-10-32
.
(2) The council shall identify incentives that are most effective to help the entities
described in Subsection (1) to, where feasible:
(a) develop and implement conservation plans; and
(b) regionalize water systems.
Section 11. 
Appropriation.
The following sums of money are appropriated for the fiscal year beginning July 1,
2023, and ending June 30, 2024. These are additions to amounts previously appropriated for
fiscal year 2024. 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.
ITEM 1
To the Department of Natural Resources -- Water Resources
From General Fund
$130,000
From General Fund, One-time
$500,000
Schedule of Programs:
Planning $630,000
The Legislature intends that:
(1) the Division of Water Resources use the one-time appropriation included in this
item to provide water conservation planning grants to cities, counties, districts, and water
providers, and to fund technical support for coordinated planning;
(2) the one-time appropriation be nonlapsing; and
(3) the ongoing General Fund included in this item be used by the Division of Water
Resources to assist cities, counties, districts, and water providers with coordinated water
planning.
ITEM 2
To the Department of Environmental Quality -- Drinking Water
From General Fund
$130,000
Schedule of Programs:
System Assistance $130,000
The Legislature intends that the ongoing General Fund included in this item be used by
the Division of Drinking Water to assist cities, counties, districts, and water providers with
coordinated water planning.
ITEM 3
To the Department of Agriculture and Food -- Resource Conservation
From General Fund
$130,000
Schedule of Programs:
Resource Conservation $130,000
The Legislature intends that the ongoing General Fund included in this item be used by
the Division of Conservation to assist cities, counties, districts, and water providers with
coordinated water planning.
Section 12. 
Effective date.
(1) Except as provided in Subsection (2), this bill takes effect on May 3, 2023.
(2) The amendments to Section 
73-3-3.5
 in this bill take effect on March 1, 2024.