Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 119 (2023GS)

Sponsor

Sen. McKell, M.

Final action

Governor Signed 3/14/2023

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• defines terms;
• provides that per capita consumptive use is the standard in certain geographic areas;
• requires reporting districts to calculate per capita consumptive use;
• describes how per capita consumptive use is to be calculated;
• requires reporting to the Division of Water Rights;
• addresses scope of section regarding the calculation, publication, or dissemination of consumptive water use numbers; and
• clarifies that specific agencies shall comply with the per capita consumptive use provision.

Every vote on this bill

Bill text

PER CAPITA CONSUMPTIVE USE
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Michael K. McKell
House Sponsor: 
Jefferson S. Burton
LONG TITLE
General Description:
This bill addresses reporting of per capita consumptive use of water.
Highlighted Provisions:
This bill:
▸ defines terms;
▸ provides that per capita consumptive use is the standard in certain geographic areas;
▸ requires reporting districts to calculate per capita consumptive use;
▸ describes how per capita consumptive use is to be calculated;
▸ requires reporting to the Division of Water Rights;
▸ addresses scope of section regarding the calculation, publication, or dissemination
of consumptive water use numbers; and
▸ clarifies that specific agencies shall comply with the per capita consumptive use
provision.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
ENACTS:
73-2-30
, Utah Code Annotated 1953
73-5-8.5
, Utah Code Annotated 1953
73-10-38
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
73-2-30
 is enacted to read:
 73-2-30.
Per capita consumptive use.
The Division of Water Rights shall comply with Section 
73-5-8.5
.
Section 2. Section 
73-5-8.5
 is enacted to read:
 73-5-8.5.
Per capita consumptive use.
(1) As used in this section:
(a) "Community water system" means a public water system that serves residents
year-round.
(b) (i) "Metered secondary water" means secondary water metered by a secondary
water supplier either at the supply side when introduced into the secondary water supplier's
distribution system or metered at the meter of the end user.
(ii) "Metered secondary water" does not include:
(A) water lost in the secondary water supplier's system before being delivered to an end
user; or
(B) water delivered to an end user who is not a commercial, industrial, institutional, or
residential user.
(c) "Per capita consumptive use" means a valid representation of total water consumed
divided by the total population for a given area.
(d) "Publicly owned treatment works" means a facility for the treatment of pollutants
owned by the state, the state's political subdivisions, or other public entity.
(e) "Reporting district" means a water conservancy district that serves wholesale water
to a retail water supplier located in whole or in part in a county of the first or second class.
(f) "Retail water supplier" means a person that:
(i) supplies water for human consumption and other domestic uses to an end user; and
(ii) has more than 500 service connections.
(g) "Secondary water" means the same as that term is defined in Section 
73-10-34
.
(h) "Secondary water supplier" means the same as that term is defined in Section
73-10-34
.
(i) "Total population" means the permanent population of a given area subject to a
population adjustment described in Subsection (5).
(j) "Total water consumed" means total water supplied to commercial, industrial,
institutional, and residential users in a given area minus return flow.
(k) "Total water supplied" means the total amount of water delivered to commercial,
industrial, institutional, and residential users in a given area as metered secondary water or
metered drinking water.
(l) "Water conservancy district" means an entity formed under Title 17B, Chapter 2a,
Part 10, Water Conservancy District Act.
(2) State agencies and political subdivisions shall use per capita consumptive use for
reporting municipal and industrial water use in counties of the first and second class to provide
another method to:
(a) track progress in water conservation; and
(b) ensure efficient public water supply management.
(3) (a) The Division of Water Resources shall designate the reporting district that shall
calculate the per capita consumptive use for each county of the first or second class, except that
the Division of Water Resources may only require a reporting district calculate the per capita
consumptive use for a county in which the reporting district provides wholesale water to a
retail water supplier.
(b) Beginning with a calculation of per capita consumptive use for calendar year 2023,
a reporting district shall annually provide the Division of Water Rights a calculation of per
capita consumptive use for the one or more counties designated under Subsection (3)(a).
(4) In determining per capita consumptive use, a reporting district:
(a) shall use reliable and timely information about water used for municipal and
industrial purposes, including water used in commercial, industrial, institutional, and
residential settings; and
(b) may not be required:
(i) to use the same methodology as another reporting district; or
(ii) to adopt or follow the definition of "water being conserved" that is adopted under
Section 
73-10-32
.
(5) In determining total population, a reporting district shall rely on the most recent
census, a census estimate of the United States Bureau of the Census, or an estimate of the Utah
Population Committee, together with an adjustment to population based on locally significant
effects of a non-permanent population, including:
(a) transient but consistently recurring non-resident population associated with
secondary residences or visitors; and
(b) daytime population changes.
(6) In determining return flow, a reporting district:
(a) shall obtain relevant data associated with discharges from publicly owned treatment
works; and
(b) may include water flow returning to the natural environment from the use of
drinking water, secondary water, or other water used for outdoor irrigation if the flow is
capable of being measured or otherwise determined with a reasonable degree of certainty.
(7) In determining total water supplied, a reporting district shall:
(a) select the community water systems serving a population of 3,300 or more whose
data the reporting district will use in preparing the report of per capita consumptive use;
(b) only rely on data that:
(i) is reliable; and
(ii) the reporting district is able to obtain for both metered drinking water and metered
secondary water; and
(c) make reasonable efforts to ensure that the water use data relied upon in the
reporting district's report is the same as the water use data reported by the community water
systems to the Division of Water Rights under Section 
73-5-8
.
(8) A reporting district shall include in the reporting district's report of per capita
consumptive use an explanation of how the reporting district determines:
(a) total water supplied;
(b) return flow; and
(c) total population.
(9) A reporting district shall annually file the reporting district's per capita consumptive
use report with the Division of Water Rights on or before July 1.
(10) (a) Except as provided in Subsection (10)(b), this section may not be construed to
prohibit the Division of Water Resources from:
(i) adopting regional water conservation goals as described in Section 
73-10-32
; or
(ii) calculating, publishing, or disseminating diverted water use information or per
capita consumptive use from community water systems in counties of the third, fourth, fifth, or
sixth class.
(b) A state agency or a political subdivision of the state may not calculate, publish, or
disseminate a:
(i) statewide per capita consumptive use number; or
(ii) per capita consumptive use number for a first class or second class county that is
different from a number reported by a reporting district pursuant to this section.
(c) This section may not be construed to prohibit a retail water supplier from using or
publishing the retail water supplier's own water consumptive use numbers for the efficient
management of the retail water supplier's system.
Section 3. Section 
73-10-38
 is enacted to read:
 73-10-38.
Per capita consumptive use.
The Division of Water Resources shall comply with Section 
73-5-8.5
.