HB 311: Watershed Amendments - Utah

Substitute #3 → Enrolled · 2 edits · Mar 24, 2025

MINOR

The bill text was updated from a draft version to the final enrolled version, primarily correcting formatting errors in the header and timestamps. The substantive policy content regarding water commissioner employment status, water augmentation negotiations, and commission membership requirements remains unchanged.

Scope change

No change in the bill's scope or applicability; the changes are strictly technical and cosmetic.

TECHNICAL

Corrected a formatting error in the header where the section number '0' was missing before 'Watershed Amendments'.

Updated the timestamp at the end of the document from March 7, 2025, to March 12, 2025, reflecting the finalization date.

Introduced → Substitute #1 · 6 edits

MODERATE

The bill was significantly rewritten to shift its focus from regulating hydroelectric facilities to expanding the state's ability to import water from out-of-state sources. The original text addressed waste prevention and liability for dams, while the new text defines a 'water augmentation project' and grants the Utah Water Agent authority to negotiate water imports with other states and tribes. Additionally, the new version includes a list of specific Utah statutes that will be repealed in the coming years.

Scope change

The bill's scope changed from managing internal water infrastructure and hydroelectric facilities to actively pursuing water imports from outside Utah's borders through interstate negotiations.

SCOPE

The bill's purpose changed from preventing water waste in hydroelectric facilities to defining and negotiating water augmentation projects on interstate waters.

Provisions regarding hydroelectric facility maintenance, liability for environmental damage, and restrictions on reservoir water use were removed.

DEFINITION

New definitions were added for 'water augmentation project' and 'water agent' to support the new importation strategy.

REQUIREMENT

The Utah Water Agent is now required to consult with legislative leaders and report findings annually to the governor and other committees.

ENFORCEMENT

The Board of Water Resources is authorized to enter into contracts for water augmentation projects recommended by the Water Agent.

TIMELINE

A new section lists specific repeal dates for various existing Utah water laws, ranging from 2027 to 2034.

Substitute #2 → Substitute #3 · 7 edits

MODERATE

This bill replaces an earlier version with significant substantive changes, including new provisions for water commissioner employment status, expanded authority for the Utah water agent to negotiate water augmentation projects, and modifications to the Legislative Water Development Commission membership requirements. The bill also updates repeal dates for various water-related statutes and adds new definitions and powers related to water resource management.

Scope change

The bill's scope expanded to include provisions about water commissioner employment benefits and exemptions from state personnel management acts, as well as enhanced negotiation authority for the Utah water agent regarding water augmentation projects.

ELIGIBILITY

Added provisions clarifying when water commissioners are treated as regular full-time employees, eligible for health and retirement benefits, and exempt from the Utah State Personnel Management Act.

REQUIREMENT

Added authority for the Utah water agent to include facilities and land in negotiations for water augmentation projects.

Added authority for the Board of Water Resources to enter into contracts for water augmentation projects negotiated by the Utah water agent.

Modified membership requirements for the Legislative Water Development Commission.

DEFINITION

Added definitions for terms including 'Council', 'Division', 'State or local entity', 'Water agent', and 'Water augmentation project'.

TIMELINE

Updated repeal dates for various Utah Code sections related to water banking, water infrastructure, and advisory councils.

SCOPE

Added provisions allowing the water agent to consult with legislative leaders and report findings to multiple state entities.

Substitute #1 → Substitute #2 · 4 edits

MODERATE

This bill substitutes a new version that adds a requirement for the state engineer to review water importation projects in the Great Salt Lake watershed and defines 'natural flow' and 'river system' terms, while also updating the list of repealed Utah Code sections to include Section 73-5-17. The changes expand oversight of water augmentation projects and clarify accounting procedures for water distribution.

Scope change

The bill now specifically targets water importation projects in the Great Salt Lake watershed for state engineer review, adding a new requirement not present in the previous version.

REQUIREMENT

Requires the state engineer to conduct a review of water importation projects in the Great Salt Lake watershed to quantify return flow and modify quantification methodology if needed.

DEFINITION

Adds definitions for 'natural flow' and 'river system' to clarify accounting procedures for water distribution.

TIMELINE

Updates the list of repealed Utah Code sections to include Section 73-5-17 (River distribution accounting report) in addition to the previous repeal dates.

TECHNICAL

Adjusts formatting and numbering in the repeal dates section to correct a subsection reference from 73-10-4(1)(h) to 73-10-4(1)(i).

Watershed Amendments

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