HB 349

 03-02 08:59  1st Sub. (Buff) H.B. 349
                              Walt Brooks proposes the following substitute bill:
1Statewide Water Storage
                                         2026 GENERAL SESSION
                                                 STATE OF UTAH
                                       Chief Sponsor: Walt Brooks
                                      Senate Sponsor: Evan J. Vickers
2
3   LONG TITLE
4   General Description:
5This bill addresses water storage within the state.
6   Highlighted Provisions:
7This bill:
8▸ defines terms;
9▸ provides a process for applying to the Board of Water Resources (board) to be considered
10   for state funding for the construction of or increase in the capacity of water storage in
11   the state;
12▸ creates criteria for considering state funding for construction of water storage in the state;
13▸ requires the board to annually review eligibility for consideration of state funding for
14   construction of water storage in the state;
15▸ requires the board to report recommendations related to state funding for construction of
16   or increase in the capacity of water storage in the state;
17▸ addresses rulemaking related to the processes implemented and the recommendations
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18   issued by the board; and
19▸ clarifies that recommendations are nonbinding.
20   Money Appropriated in this Bill:
21None
22   Other Special Clauses:
23None
24   Utah Code Sections Affected:
25   ENACTS:
2673-10-40, Utah Code Annotated 1953
27
28   Be it enacted by the Legislature of the state of Utah:
 1st Sub. (Buff) H.B. 349  03-02 08:59
29Section 1. Section 73-10-40 is enacted to read:
3073-10-40 . Consideration of increases to water storage.
31   (1) As used in this section:
32(a) "Board" means the Board of Water Resources.
33(b) "Division" means the Division of Water Resources.
34(c) "Local sponsor" means a state agency, a local government agency, a tribe, or other
35local organization that works with a federal agency or the state to plan, build, and
36maintain a dam and associated reservoir.
37(d) "Project" means the construction of a new dam site and the associated reservoir.
38(e) "Proposal" means actions proposed by a local sponsor to increase the capacity of a
39reservoir that exists at the time a local sponsor applies for state funding under
40Subsection (4).
41   (2) The board may consider an application submitted by a local sponsor and may
42recommend to the Legislature that the state fund, in whole or in part:
43(a) a project to construct water storage in the state submitted by a local sponsor as
44described in Subsection (3); or
45(b) a proposal to increase the capacity of water storage in this state submitted by a local
46sponsor as described in Subsection (4).
47   (3)(a) The board may recommend to the Legislature that the state fund, in whole or in
48part, the costs of a project for which a local sponsor submits an application to
49construct water storage in this state if the board finds that the criteria in Subsection
50(3)(b) is met.
51(b) The board shall use the following criteria to determine whether the board shall
52recommend state funding under Subsection (3)(a):
53(i) whether there exists water rights that authorize reservoir storage at the location of
54the project for which a local sponsor is applying;
55(ii) whether there is a regional or state benefit to the project;
56(iii) whether there exists a local sponsor that:
57(A) is pursuing the project, including financially supporting the project; and
58(B) will own and maintain the project;
59(iv) whether construction of the project is anticipated to begin within five years of
60receipt of state funding;
61(v) the need for and affordability of the project; and
62(vi) any other item the board considers necessary to evaluate the potential project.
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63(c) The board shall annually evaluate projects from a list of potential dam sites prepared
64by the division to determine whether a project is eligible for consideration for state
65funding under this Subsection (3) because the project meets the criteria of Subsection
66(3)(b).
67   (4)(a) The board may recommend to the Legislature that the state fund, in whole or in
68part, a proposal under this Subsection (4) submitted by a local sponsor to increase the
69capacity of a reservoir that:
70(i) exists at the time the local sponsor submits the proposal; and
71(ii) has reduced capacity because of sedimentation.
72(b) A local sponsor shall include with the submission of a proposal under this Subsection
73(4) a feasibility study that recommends the method to increase the capacity of the
74reservoir for which funding is sought.
75(c) The board may consider a proposal under this Subsection (4) at any time during a
76fiscal year.
77   (5) The board shall annually report to the Natural Resources, Agriculture, and
78Environmental Quality Appropriations Subcommittee by no later than October 1 the
79following information for the immediately preceding fiscal year:
80(a) the number of projects for which state funding was applied for under Subsection (3);
81(b) the projects under Subsection (3)(a) that the board recommends the state fund, in
82whole or in part;
83(c) a list of projects determined to be eligible for consideration of state funding under
84Subsection (3)(c);
85(d) the number of proposals for which state funding was applied for under Subsection (4);
86and
87(e) the proposals under Subsection (4) that the board recommends the state fund, in
88whole or in part.
89   (6) The board may make rules, in accordance with Title 63G, Chapter 3, Utah
90Administrative Rulemaking Act, related to:
91(a) the submission of an application under this section; and
92(b) the board making recommendations for state funding, in whole or in part, of a project
93to construct or a proposal to increase the capacity of water storage in this state.
94   (7) A recommendation or other action taken under this section by the board does not
95obligate the state or require the Legislature to take any action or appropriate funding.
96Section 2. Effective Date.
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97   This bill takes effect on May 6, 2026.
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