Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 311 (2025GS)

Sponsor

Rep. Snider, Casey

Final action

Governor Signed 3/24/2025

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• defines terms;
• clarifies when a water commissioner is:
• treated as a regular full-time employee;
• eligible for health and retirement benefits; and
• exempt from the Utah State Personnel Management Act;
• allows the Utah water agent to include facilities and land in the state water agent's negotiations for water augmentation projects;
• allows the Board of Water Resources to enter into contracts for water augmentation projects negotiated by the Utah water agent;
• modifies the membership requirements for the Legislative Water Development Commission; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

47
63I-1-273
73-5-1
73-10-4
73-10g-701
73-10g-703
73-27-102
0
Watershed Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Casey Snider
Senate Sponsor: Scott D. Sandall
LONG TITLE
General Description:
This bill addresses provisions related to water resources and water management in Utah 
watersheds.
Highlighted Provisions:
This bill:
defines terms;
clarifies when a water commissioner is:
treated as a regular full-time employee;
 eligible for health and retirement benefits; and
exempt from the Utah State Personnel Management Act;
allows the Utah water agent to include facilities and land in the state water agent's 
negotiations for water augmentation projects;
allows the Board of Water Resources to enter into contracts for water augmentation 
projects negotiated by the Utah water agent;
modifies the membership requirements for the Legislative Water Development 
Commission; and
makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
63I-1-273
, as last amended by Laws of Utah 2024, Third Special Session, Chapter 5
73-5-1
, as last amended by Laws of Utah 2021, Chapter 345
73-10-4
, as last amended by Laws of Utah 2024, Chapter 522
73-10g-701
, as enacted by Laws of Utah 2024, Chapter 522
73-10g-703
, as enacted by Laws of Utah 2024, Chapter 522
73-27-102
, as last amended by Laws of Utah 2021, Chapter 229
Be it enacted by the Legislature of the state of Utah:
Section 1, Section 
63I-1-273
 is amended to read:
63I-1-273
. Repeal dates: Title 73.
(1)
Subsection 
73-1-4
(2)(e)(xi), regarding a water right subject to an approved change 
application for use within a water bank that has been authorized but not dissolved, is 
repealed December 31, 2030.
(2)
Subsection 
73-10-4
(1)(h)
73-10-4(1)(i)
, regarding management of an application to 
create a water bank, is repealed December 31, 2030.
(3)
Section 
73-10-39
, Study and recommendations related to the financing of water 
infrastructure, is repealed July 1, 2027.
(4)
Title 73, Chapter 10g, Part 2, Agricultural Water Optimization, is repealed July 1, 2028.
(5)
Title 73, Chapter 10g, Part 7, Utah Water Agent, is repealed July 1, 2034.
(6)
Section 
73-18-3.5
, Advisory council, is repealed July 1, 2029.
(7)
Title 73, Chapter 27, Legislative Water Development Commission, is repealed January 
1, 2031.
(8)
Title 73, Chapter 31, Water Banking Act, is repealed December 31, 2030.
(9)
Section 
73-32-302
, Advisory council created -- Staffing -- Per diem and travel expenses 
-- Annual conflict of interest disclosure statement -- Exception -- Penalties, is repealed 
July 1, 2027.
(10)
Section 
73-32-303
, Duties of the council, is repealed July 1, 2027.
Section 2, Section 
73-5-1
 is amended to read:
73-5-1
. Appointment of water commissioners -- Procedure.
(1)
(a)
If, in the judgment of the state engineer or the district court, it is necessary to 
appoint a water commissioner for the distribution of water from any river system or 
water source, the commissioner shall be appointed for a four-year term by the state 
engineer.
(b)
The state engineer shall determine whether all or a part of a river system or other 
water source shall be served by a commissioner, and if only a part is to be served, the 
state engineer shall determine the boundaries of that part.
(c)
The state engineer may appoint:
(i)
more than one commissioner to distribute water from all or a part of a water 
source; or
(ii)
a single commissioner to distribute water from several separate and distinct water 
sources.
(d)
A water commissioner appointed by the state engineer under this section is:
(i)
an employee of the Division of Water Rights;
(ii)
an appointed officer under Subsection 
49-13-102(5)(b)(iii)
, if the water 
commissioner meets the requirements for a regular full-time employee under 
Subsection 
49-13-102(5)(a)
;
(iii)
eligible for health and retirement benefits as determined by the water 
commissioner's distribution system committee, if the water commissioner is a 
regular full-time employee as that term is defined in Section 
49-13-102
; and
(iv)
exempt from Title 63A, Chapter 17, Utah State Personnel Management Act.
(ii)
career service exempt under Subsection 
63A-17-301(1)(k)
; and
(iii)
exempt under Subsection 
63A-17-307(2)(f)
 from the classified service 
provisions of Section 
63A-17-307
.
(2)
(a)
The state engineer shall consult with the water users before appointing a 
commissioner. The form of consultation and notice to be given shall be determined 
by the state engineer so as to best suit local conditions, while providing for full 
expression of majority opinion.
(b)
The state engineer shall act in accordance with the recommendation of a majority of 
the water users, if the majority of the water users:
(i)
agree upon:
(A)
a qualified individual to be appointed as a water commissioner;
(B)
the duties the individual shall perform; and
(C)
subject to the requirements of 
Title 49, Utah State Retirement and Insurance 
Benefit Act
, the compensation the individual shall receive; and
(ii)
submit a recommendation to the state engineer on the items described in 
Subsection 
(2)(b)(i)
.
(c)
If a majority of water users do not agree on the appointment, duties, or 
compensation, the state engineer shall make a determination for them.
(3)
(a)
(i)
The salary and expenses of the commissioner and all other expenses of 
distribution, including printing, postage, equipment, water users' expenses, and 
any other expenses considered necessary by the state engineer, shall be borne pro 
rata by the users of water from the river system or water source in accordance 
with a schedule to be fixed by the state engineer.
(ii)
The schedule shall be based on the established rights of each water user, and the 
pro rata share shall be paid by each water user to the state engineer on or before 
May 1 of each year.
(b)
The payments shall be deposited in the Water Commissioner Fund created in Section 
73-5-1.5
.
(c)
If a water user fails to pay the assessment as provided by Subsection 
(3)(a)
, the state 
engineer may do any or all of the following:
(i)
create a lien upon the water right affected by filing a notice of lien in the office of 
the county recorder in the county where the water is diverted and bring an action 
to enforce the lien;
(ii)
forbid the use of water by the delinquent water user or the delinquent water user's 
successors or assignees, while the default continues; or
(iii)
bring an action in the district court for the unpaid expense and salary.
(d)
In any action brought to collect any unpaid assessment or to enforce any lien under 
this section, the delinquent water user shall be liable for the amount of the 
assessment, interest, any penalty, and for all costs of collection, including all court 
costs and a reasonable attorney fee.
(4)
(a)
A commissioner may be removed by the state engineer for cause.
(b)
The users of water from any river system or water source may petition the district 
court for the removal of a commissioner and after notice and hearing, the court may 
order the removal of the commissioner and direct the state engineer to appoint a 
successor.
Section 3, 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
or purchase of a project
 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)
enter into a contract that the Utah water agent, appointed under Section 
73-10g-702
, 
recommends for a water augmentation project under Section 
73-10g-703
;
(d)
(e)
cooperate with the Utah water agent, appointed under Section 
73-10g-702
, in 
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)
(f)
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)
(g)
consult and advise with the Utah Water Users' Association and other organized 
water users' associations in the state;
(g)
(h)
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)
(i)
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 4, Section 
73-10g-701
 is amended to read:
73-10g-701
. Definitions.
As used in this part:
(1)
"Council" means the Water District Water Development Council created pursuant to 
Section 
11-13-228
.
(2)
"Division" means the Division of Water Resources.
(3)
"State or local entity" means:
(a)
a department, division, commission, agency, or other instrumentality of state 
government; or
(b)
a political subdivision or the political subdivision's instrumentalities.
(4)
"Water agent" means the Utah water agent appointed by the governor under Section 
73-10g-702
.
(5)
"Water augmentation project" means a project on interstate waters that increases or 
impacts the amount of water available in this state.
Section 5, Section 
73-10g-703
 is amended to read:
73-10g-703
. Powers and duties of water agent.
(1)
(a)
Subject to Subsection (1)(b) and in 
In 
consultation with the speaker of the House 
of Representatives, president of the Senate, and governor, the water agent shall 
explore and negotiate with officials of other states, tribes, and other government 
entities regarding possible water 
importation
augmentation
 projects, including:
(i)
for the citizens of Utah, representing the state concerning waters of out-of-state 
rivers, lakes, and other sources of supply of waters except when representation is 
otherwise provided in statute;
(ii)
identifying potential out-of-state water resources
, including land or a facility 
necessary for the use of the water resources
;
(iii)
working with the council and division to match the water resources described in 
Subsection (1)(a)(ii) to needs identified by the council or division;
(iv)
establishing a strategy to designate what out-of-state water resources to pursue 
and how to execute that strategy;
(v)
negotiating directly with out-of-state partners to execute the strategy described in 
Subsection (1)(a)(iv);
(vi)
represent the state in 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 commissions or other governing bodies 
provided for by any compacts that have been or may be entered into between the 
state and one or more sister states, except that a compact is not binding on the 
state until the compact is ratified and approved by the Legislature and the 
legislatures of other states that are parties to the compact;
(vii)
recommending to the Legislature and to the council actions that may assist in the 
development of, strategies for, and execution of water 
importation
augmentation
projects; and
(viii)
annually reporting findings and recommendations to:
(A)
the governor;
(B)
the president of the Senate;
(C)
the speaker of the House of Representatives;
(D)
the Legislative Water Development Commission created in Section 
73-27-102
;
(E)
the Natural Resources, Agriculture, and Environment Interim Committee; and
(F)
the Board of Water Resources created in Section 
73-10-1.5
.
(b)
The water agent may not act under this section in relation to interests governed by 
interstate compacts in which Utah is a party, such as the 1922 and 1948 Colorado 
River Compacts and the 1980 Amended Bear River Compact.
(b)
The water agent may recommend to the Board of Water Resources, created in 
Section 
73-10-1.5
, a water augmentation project that the water agent negotiates under 
this section, if the water augmentation project is in the best interest of the people of 
this state and the state's water resources.
(2)
The water agent shall consult and work with the council, state entities, the Colorado 
River Authority of Utah, and other bodies established by the state for interstate water 
negotiations.
(3)
Subject to Title 63G, Chapter 2, Government Records Access and Management Act, 
upon request of the water agent, a state or local entity shall provide to the water agent a 
document, report, or information available within the state or local entity.
(4)
The water agent may negotiate with tribes in accordance with this section
, except to the 
extent that the water at issue comes from the Colorado River
.
(5)
This chapter may not be interpreted to override, substitute, or modify a water right 
within the state or the role and authority of the state engineer.
Section 6, Section 
73-27-102
 is amended to read:
73-27-102
. Legislative Water Development Commission created.
(1)
(a)
The Legislative Water Development Commission is created to determine the 
state's role in the protection, conservation, and development of the state's water 
resources.
(b)
For purposes of this chapter, "commission" means the Legislative Water 
Development Commission.
(2)
(a)
The commission membership shall include:
(i)
five 
a minimum of two 
members of the Senate, appointed by the president of the 
Senate
, no more than four of whom may be from the same political party
, with at 
least one member from the minority political party
;
(ii)
eight 
a minimum of two 
members of the House of Representatives, appointed 
by the speaker of the House of Representatives
, no more than six of whom may 
be from the same political party
, with at least one member from the minority 
political party
; and
(iii)
subject to Subsections 
(2)(b)
 and 
(c)
, 
nonvoting members, appointed by the 
Legislative Management Committee, from a list recommended by the cochairs of 
the commission described in Subsection 
(5)
.
(b)
If the Legislative Management Committee chooses to not appoint an individual on 
the list described in Subsection 
(2)(a)(iii)
, the Legislative Management Committee 
may ask the cochairs of the commission to submit an additional list of 
recommendations.
(c)
The Legislative Management Committee may not appoint an individual who is not 
recommended by the cochairs of the commission.
(3)
(a)
The members appointed by the Legislative Management Committee under 
Subsection 
(2)(a)(iii)
 shall be appointed or reappointed to a two-year term.
(b)
When a vacancy occurs in the membership for any reason, the Legislative 
Management Committee, in consultation with the cochairs of the commission, shall 
appoint a replacement for the unexpired term.
(4)
The president of the Senate and the speaker of the House of Representatives shall, to the 
extent possible, appoint members under Subsections 
(2)(a)(i)
 and 
(ii)
 that represent both 
rural and urban areas of the state.
(5)
(a)
The president of the Senate shall designate a member of the Senate appointed 
under Subsection 
(2)(a)(i)
 as a cochair of the commission.
(b)
The speaker of the House of Representatives shall designate a member of the House 
of Representatives appointed under Subsection 
(2)(a)(ii)
 as a cochair of the 
commission.
(6)
What constitutes a quorum of the commission is determined in accordance with 
Legislative Joint Rules, 
Title 7, Chapter 1, Part 2, Creation and Organization of 
Legislative Committees
, except nonvoting members of the commission described in 
Subsection 
(2)(a)(iii)
 may not be considered for purposes of determining a quorum.
(7)
(a)
Compensation and expenses of a member of the commission who is a legislator 
are governed by Section 
36-2-2
 and Legislative Joint Rules, 
Title 5, Legislative 
Compensation and Expenses
.
(b)
Commission members who are employees of the state shall receive no additional 
compensation.
(c)
Other commission members shall receive no compensation or expenses for their 
service on the commission.
(8)
The Office of Legislative Research and General Counsel shall provide staff support to 
the commission.
Section 7. 
Effective Date.
This bill takes effect on 
May 7, 2025
.
3-12-25 10:30 AM