Utah Code 73-10g-206. Agricultural water optimization grants — Demonstration of water savings
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(1) The conservation commission may issue a grant described in Subsection 73-10g-204 (3) in accordance with the procedures in this section.
Terms Used In Utah Code 73-10g-206
- Account: means the Agricultural Water Optimization Account created in Section
73-10g-204 . See Utah Code 73-10g-203.5 - Change application: means an application filed under Section
73-3-3 . See Utah Code 73-10g-203.5 - Committee: means the Agricultural Water Optimization Committee created in Section
73-10g-205 . See Utah Code 73-10g-203.5 - Conservation commission: means the conservation commission created in Section
4-18-104 . See Utah Code 73-10g-203.5 - Contract: A legal written agreement that becomes binding when signed.
- Department: means the Department of Agriculture and Food. See Utah Code 73-10g-203.5
- Division: means the Division of Water Resources. See Utah Code 73-10g-102
- Funding application: means an application filed under Section
73-10g-206 . See Utah Code 73-10g-203.5 - Person: means :(24)(a) an individual;(24)(b) an association;(24)(c) an institution;(24)(d) a corporation;(24)(e) a company;(24)(f) a trust;(24)(g) a limited liability company;(24)(h) a partnership;(24)(i) a political subdivision;(24)(j) a government office, department, division, bureau, or other body of government; and(24)(k) any other organization or entity. See Utah Code 68-3-12.5
- Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
- Saved water: means the same as that term is defined in Section
73-3-3 . See Utah Code 73-10g-203.5- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
(2)(2)(a) The committee shall establish funding application periods during which a person may apply for a grant under this part.(2)(b) During a funding application period, a person may file a funding application with the department for preliminary screening of eligibility to receive a grant under this part, including requisite water savings.(2)(c) The department shall screen the funding applications for eligibility.(2)(d) If the department determines that an applicant meets eligibility requirements and proposes water savings, the department shall provide the applicant preliminary approval.(2)(e) After receiving preliminary approval under Subsection (2)(d), the applicant shall engage in a pre-filing consultation with the Division of Water Rights under Subsection73-3-3 (2) to determine whether a change application is required to accomplish the project proposed in the funding application or to quantify saved water .(2)(f) Once the Division of Water Rights determines whether the person is required to file a change application, the person may complete the funding application process and file the completed funding application with the committee.(2)(g) The committee shall review completed funding applications to rank the funding applications and recommend to the conservation commission which applicants should receive a grant under this part for the relevant funding application period.(2)(h) The conservation commission may issue a grant under this section only after receipt of the recommendations of the committee.(3) If the conservation commission issues a grant under this part, before the grant recipient may receive the grant money, the grant recipient shall:(3)(a) enter into a contract with the department that includes:(3)(a)(i) the expectations for the grant recipient;(3)(a)(ii) the life expectancy of a project;(3)(a)(iii) the process of certifying completion; and(3)(a)(iv) design requirements;(3)(b) file any needed change application and obtain a final order from the state engineer approving the change application, including any judicial review of the state engineer’s order; and(3)(c) demonstrate how the grant recipient shall comply with the requirements of the final order approving the related change application.(4) A grant recipient shall comply with the monitoring and reporting requirements under the contract described in Subsection (3).(5) The department shall:(5)(a) monitor the grant related activities of a grant recipient;(5)(b) certify a project funded by a grant once the project is complete;(5)(c) determine whether there are funding sources other than the account to fund the grant; and(5)(d) provide information needed by the division or the Division of Water Rights to fulfill the division’s or the Division of Water Rights’ statutory duties, including those designated in this chapter.(6) The department may:(6)(a) conduct outreach campaigns related to the grant program, including the program’s purpose and expectations for grant recipients;(6)(b) solicit funding applications and assist persons in applying for a grant under this part;(6)(c) assist grant recipients in developing a project; and(6)(d) coordinate with federal agencies and the division for evaluation of funding applications and for assistance with implementing projects for which funding has been provided under this part.(7) Grant money may be used by the department or a grant recipient for the hiring of third-party consultants as appropriate to complete a project funded by grant money.(8) The division, upon request from the committee, may assist with evaluation of funding applications and implementation of projects funded under this part.