Utah Code 73-10g-703. Powers and duties of water agent
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Terms Used In Utah Code 73-10g-703
- Board: means the Board of Water Resources. See Utah Code 73-10g-102
- Council: means the Water District Water Development Council created pursuant to Section
11-13-228 . See Utah Code 73-10g-701 - Division: means the Division of Water Resources. See Utah Code 73-10g-701
- 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
- State or local entity: means :(3)(a) a department, division, commission, agency, or other instrumentality of state government; or(3)(b) a political subdivision or the political subdivision's instrumentalities. See Utah Code 73-10g-701
- Statute: A law passed by a legislature.
- Water agent: means the Utah water agent appointed by the governor under Section
73-10g-702 . See Utah Code 73-10g-701(1)(a) Subject to Subsection (1)(b) and 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 projects, including:(1)(a)(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;(1)(a)(ii) identifying potential out-of-state water resources;(1)(a)(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;(1)(a)(iv) establishing a strategy to designate what out-of-state water resources to pursue and how to execute that strategy;(1)(a)(v) negotiating directly with out-of-state partners to execute the strategy described in Subsection (1)(a)(iv);(1)(a)(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;(1)(a)(vii) recommending to the Legislature and to the council actions that may assist in the development of, strategies for, and execution of water importation projects; and(1)(a)(viii) annually reporting findings and recommendations to:(1)(a)(viii)(A) the governor;(1)(a)(viii)(B) the president of the Senate;(1)(a)(viii)(C) the speaker of the House of Representatives;(1)(a)(viii)(D) the Legislative Water Development Commission created in Section73-27-102 ;(1)(a)(viii)(E) the Natural Resources, Agriculture, and Environment Interim Committee; and(1)(a)(viii)(F) the Board of Water Resources created in Section73-10-1.5 .(1)(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.
(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.