Effective 7/1/2023

79-2-408.  Utah Water Ways.

(1)  As used in this section:

Terms Used In Utah Code 79-2-408

  • Bequest: Property gifted by will.
  • Department: means the Department of Natural Resources created in Section 79-2-201. See Utah Code 79-1-102
  • Devise: To gift property by will.
  • Executive director: means the executive director of the department who is appointed under Section 79-2-202. See Utah Code 79-1-102
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • 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
(a)  “Partnership” means the nonprofit, statewide partnership described in Subsections (2) and (3).

(b)  “Water supply entity” means an entity supplying either culinary or irrigation water to a water user.

(2)  The department shall oversee:

(a)  the creation of a nonprofit, statewide partnership in accordance with this section; and

(b)  the state‘s participation in the partnership.

(3)  The partnership shall:

(a)  be known as “Utah Water Ways”;

(b)  have as core purposes to:

(i)  facilitate coordination of efforts to optimize the use of water by:

(A)  sponsoring policy discussions about the state’s water supply;

(B)  engaging the private sector to help support efforts to optimize the use of water and related activities;

(C)  coordinating with the Department of Agriculture and Food and the Department of Environmental Quality on water related issues;

(D)  maintaining communication among partners in the partnership;

(E)  providing a line of communication from partners to state leaders; and

(F)  promoting coordination of grants, rebate programs, or sponsorships that support the optimal use of water; and

(ii)  encourage residents of the state to make changes to optimize the use of water and care for the state’s water supply by:

(A)  providing public education and public awareness campaigns and helping consolidate campaigns about the state’s water supply, water quality, and water use; and

(B)  providing residents of the state with tools to understand what can be done to optimize the use of water; and

(c)  seek grants, gifts, donations, devises, and bequests.

(4)  The board of directors for the partnership shall:

(a)  consist of 13 individuals as follows:

(i)  the executive director of the department, or the executive director’s designee;

(ii)  the director of the Division of Water Resources, or the director’s designee;

(iii)  the executive director of the Department of Environmental Quality, or the executive director’s designee;

(iv)  the commissioner of the Department of Agriculture and Food, or the commissioner’s designee;

(v)  a representative of rural Utah selected jointly by the governor, the speaker of the House of Representatives, and the president of the Senate;

(vi)  the general managers for four water conservancy districts selected jointly by the governor, the speaker of the House of Representatives, and the president of the Senate; and

(vii)  four members of the business community selected jointly by the governor, the speaker of the House of Representatives, and the president of the Senate;

(b)  hire an executive director by August 1, 2023, who shall serve for an initial term of four years; and

(c)  adopt policies concerning the board of directors’ internal organization and procedures.

(5)  The partnership may, consistent with this section, receive a grant, gift, donation, devise, or bequest.

(6)  The partnership shall annually report to the Natural Resources, Agriculture, and Environment Interim Committee.

(7)  Notwithstanding the creation of the partnership, a water supply entity may maintain an important role with water supply users to encourage the optimized use of water such as through localized messaging, rebate programs, or other activities.

Enacted by Chapter 163, 2023 General Session

Technically renumbered to avoid duplication of newly enacted Chapter also in HB 34, Chapter 221.