Utah Code 73-10g-205. Agricultural Water Optimization Committee
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(1) There is created in the department a committee known as the “Agricultural Water Optimization Committee” that consists of:
Terms Used In Utah Code 73-10g-205
- Account: means the Agricultural Water Optimization Account created in Section
73-10g-204 . See Utah Code 73-10g-203.5 - Agricultural water optimization: means the implementation of agricultural and water management practices that maintain viable agriculture without increasing water depletion to enhance water availability and minimize impacts on water supply, water quality, and the environment. 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 - 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
- Oversight: Committee review of the activities of a Federal agency or program.
- Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
- Quorum: The number of legislators that must be present to do business.
- 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
(1)(a) the commissioner of the department, or the commissioner’s designee;
(1)(b) the director of the division, or the director’s designee;
(1)(c) the director of the Division of Water Rights, or the director’s designee;
(1)(d) the dean of the College of Agriculture and Applied Science from Utah State University, or the dean’s designee;
(1)(e) one individual representing local conservation districts created by Title 17D, Chapter 3, Conservation District Act, appointed by the executive director of the Department of Natural Resources;
(1)(f) one individual representing water conservancy districts, appointed by the executive director of the Department of Natural Resources; and
(1)(g) three Utah residents representing the interests of the agriculture industry appointed by the executive director of the Department of Natural Resources.
(2)
(2)(a) An individual appointed under Subsection (1) shall serve for a term of four years.
(2)(b) Notwithstanding the requirements of Subsection (2)(a), the executive director of the Department of Natural Resources shall, at the time of appointment or reappointment, adjust the length of terms to ensure that the terms of appointed members are staggered so that approximately half of the appointed members are appointed every two years.
(3)
(3)(a) The presence of five members constitutes a quorum.
(3)(b) The vote of five members constitutes the transaction of business by the committee.
(3)(c) The committee shall select one of the committee’s members to be chair. The committee may select a member to be vice chair to act in place of the chair:
(3)(c)(i) during the absence or disability of the chair; or
(3)(c)(ii) as requested by the chair.
(3)(d) The committee shall convene at the times and places prescribed by the chair.
(4) A member may not receive compensation or benefits for the member’s service, but may receive per diem and travel expenses in accordance with:
(4)(a) Section 63A-3-106 ;
(4)(b) Section 63A-3-107 ; and
(4)(c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and 63A-3-107 .
(5) The department shall provide administrative support to the committee.
(6) The committee shall make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, establishing:
(6)(a) eligibility requirements for a grant issued under Section 73-10g-206 , except that the eligibility requirements shall:
(6)(a)(i) require at least a match for grant money of 50% of the total costs, except that for a grant application filed on or after January 1, 2024, the eligibility requirements shall require at least a match of 25% of the total costs for a drip or automated surge irrigation project;
(6)(a)(ii) consider the statewide need to distribute grant money;
(6)(a)(iii) require a grant recipient to construct or install and maintain one or more measuring devices as necessary to comply with Section 73-5-4 and rules adopted by the Division of Water Rights regarding installation, use, and maintenance of devices to measure water use and to demonstrate water use in accordance with a project funded by a grant; and
(6)(a)(iv) require a grant recipient to report water diversion and use measurements to the state engineer pursuant to Section 73-5-4 and rules made by the state engineer, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, for water measurement and reporting;
(6)(b) the process for applying for a grant issued under Section 73-10g-206 ; and
(6)(c) preliminary screening criteria to be used by the department under Subsection 73-10g-206 (2)(d).
(7) The committee shall, in coordination with the division:
(7)(a) as of July 1, 2023, assume oversight of all remaining research and contracts of the previous Agricultural Water Optimization Task Force activities;
(7)(b) post research to address and account for farm economics at the enterprise and community level that affects agricultural water optimization and encourage market behavior that financially rewards agricultural water optimization practices;
(7)(c) oversee research to identify obstacles to and constraints upon optimization of agricultural water use, and to recommend management tools, technologies, and other opportunities to optimize agricultural water use as measured at the basin level; and
(7)(d) facilitate benefits for farmers who optimize water use and protect water quality.
(8) The committee shall comply with Section 73-10g-206 related to grants issued under this part.