HB 473

     Enrolled Copy  H.B. 473
1Colorado River Authority Amendments
                                     2026 GENERAL SESSION
                                           STATE OF UTAH
                                   Chief Sponsor: Scott H. Chew
                                 Senate Sponsor: David P. Hinkins
2
3  LONG TITLE
4  General Description:
5      This bill addresses the Colorado River Authority of Utah.
6  Highlighted Provisions:
7      This bill:
8      ▸ moves the Colorado River Authority of Utah (authority) from the governor's office to the
9  Department of Natural Resources, including providing a transition;
10      ▸ modifies the definition provision;
11      ▸ amends the membership provision of the authority including modifying the appointment
12  process;
13      ▸ addresses the operation of the authority;
14      ▸ expands the powers and duties of the authority;
15      ▸ modifies the appointment of the river commissioner;
16      ▸ repeals provision prohibiting the river commissioner from receiving compensation;
17      ▸ amends provision on hiring of the authority's executive director;
18      ▸ repeals the Colorado River Authority Restricted Account; and
19      ▸ makes technical and conforming amendments.
20  Money Appropriated in this Bill:
21      This bill appropriates $1,638,500 in operating and capital budgets for fiscal year 2027, all
22  of which is from the General Fund.
23      This bill appropriates ($1,638,500) in restricted fund and account transfers for fiscal year 2027,
24  all of which is from the General Fund.
25  Other Special Clauses:
26      This bill provides a special effective date.
27  Utah Code Sections Affected:
     H.B. 473  Enrolled Copy
28   AMENDS:
29      63G-2-305 (Effective 07/01/26), as last amended by Laws of Utah 2025, First Special
30      Session, Chapter 17
31      63G-6a-103 (Effective 07/01/26), as last amended by Laws of Utah 2025, First Special
32      Session, Chapter 9
33      63G-6a-107.6 (Effective 07/01/26), as last amended by Laws of Utah 2025, Chapters
34      151, 318 and 481
35      63J-1-602.2 (Effective 07/01/26) (Partially Repealed 07/01/29), as last amended by Laws
36      of Utah 2025, First Special Session, Chapter 17
37      73-3-30 (Effective 07/01/26), as last amended by Laws of Utah 2023, Chapters 34, 253
38      73-10-4 (Effective 07/01/26) (Partially Repealed 12/31/30), as last amended by Laws of
39      Utah 2025, Chapter 119
40      73-10-18 (Effective 07/01/26), as last amended by Laws of Utah 2025, Chapter 93
41      73-10-32 (Effective 07/01/26), as last amended by Laws of Utah 2023, Chapters 238, 435
42      79-2-201 (Effective 07/01/26) (Partially Repealed 07/01/29), as last amended by Laws of
43      Utah 2025, Chapter 93
44   ENACTS:
45      73-34-103 (Effective 07/01/26), Utah Code Annotated 1953
46   RENUMBERS AND AMENDS:
47      73-34-101 (Effective 07/01/26), (Renumbered from 63M-14-102, as enacted by
48      Laws of Utah 2021, Chapter 179)
49      73-34-102 (Effective 07/01/26), (Renumbered from 63M-14-103, as enacted by
50      Laws of Utah 2021, Chapter 179)
51      73-34-201 (Effective 07/01/26), (Renumbered from 63M-14-201, as enacted by
52      Laws of Utah 2021, Chapter 179)
53      73-34-202 (Effective 07/01/26), (Renumbered from 63M-14-202, as last amended
54      by Laws of Utah 2024, Chapter 443)
55      73-34-203 (Effective 07/01/26), (Renumbered from 63M-14-203, as last amended
56      by Laws of Utah 2022, Chapter 98)
57      73-34-204 (Effective 07/01/26), (Renumbered from 63M-14-204, as enacted by
58      Laws of Utah 2021, Chapter 179)
59      73-34-205 (Effective 07/01/26), (Renumbered from 63M-14-205, as last amended
60      by Laws of Utah 2024, Chapter 135)
61      73-34-206 (Effective 07/01/26), (Renumbered from 63M-14-207, as enacted by
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62      Laws of Utah 2021, Chapter 179)
63      73-34-207 (Effective 07/01/26), (Renumbered from 63M-14-208, as enacted by
64      Laws of Utah 2021, Chapter 179)
65      73-34-208 (Effective 07/01/26), (Renumbered from 63M-14-209, as last amended
66      by Laws of Utah 2022, Chapter 98)
67      73-34-209 (Effective 07/01/26), (Renumbered from 63M-14-210, as last amended
68      by Laws of Utah 2022, Chapter 98)
69      73-34-301 (Effective 07/01/26), (Renumbered from 63M-14-301, as enacted by
70      Laws of Utah 2021, Chapter 179 and further amended by Revisor Instructions, Laws of Utah
71      2021, Chapter 179)
72      73-34-302 (Effective 07/01/26), (Renumbered from 63M-14-302, as enacted by
73      Laws of Utah 2021, Chapter 179)
74      73-34-303 (Effective 07/01/26), (Renumbered from 63M-14-304, as enacted by
75      Laws of Utah 2021, Chapter 179)
76      73-34-304 (Effective 07/01/26), (Renumbered from 63M-14-305, as enacted by
77      Laws of Utah 2021, Chapter 179)
78      73-34-305 (Effective 07/01/26), (Renumbered from 63M-14-306, as enacted by
79      Laws of Utah 2021, Chapter 179)
80      73-34-401 (Effective 07/01/26), (Renumbered from 63M-14-401, as enacted by
81      Laws of Utah 2021, Chapter 179)
82      73-34-402 (Effective 07/01/26), (Renumbered from 63M-14-402, as enacted by
83      Laws of Utah 2021, Chapter 179)
84      73-34-501 (Effective 07/01/26), (Renumbered from 63M-14-502, as enacted by
85      Laws of Utah 2021, Chapter 179)
86  REPEALS:
87      63M-14-101 (Effective 07/01/26), as enacted by Laws of Utah 2021, Chapter 179
88      63M-14-303 (Effective 07/01/26), as enacted by Laws of Utah 2021, Chapter 179
89      63M-14-501 (Effective 07/01/26), as enacted by Laws of Utah 2021, Chapter 179
90
91  Be it enacted by the Legislature of the state of Utah:
92Section 1. Section 63G-2-305 is amended to read:
9363G-2-305 (Effective 07/01/26). Protected records.
94     The following records are protected if properly classified by a governmental entity:
95  (1) trade secrets as defined in Section 13-24-2 if the person submitting the trade secret has
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96provided the governmental entity with the information specified in Section 63G-2-309;
97   (2) commercial information or nonindividual financial information obtained from a person
98if:
99(a) disclosure of the information could reasonably be expected to result in unfair
100competitive injury to the person submitting the information or would impair the
101ability of the governmental entity to obtain necessary information in the future;
102(b) the person submitting the information has a greater interest in prohibiting access than
103the public in obtaining access; and
104(c) the person submitting the information has provided the governmental entity with the
105information specified in Section 63G-2-309;
106   (3) commercial or financial information acquired or prepared by a governmental entity to
107the extent that disclosure would lead to financial speculations in currencies, securities, or
108commodities that will interfere with a planned transaction by the governmental entity or
109cause substantial financial injury to the governmental entity or state economy;
110   (4) records, the disclosure of which could cause commercial injury to, or confer a
111competitive advantage upon a potential or actual competitor of, a commercial project
112entity as defined in Subsection 11-13-103(4);
113   (5) test questions and answers to be used in future license, certification, registration,
114employment, or academic examinations;
115   (6) records, the disclosure of which would impair governmental procurement proceedings
116or give an unfair advantage to any person proposing to enter into a contract or agreement
117with a governmental entity, except, subject to Subsections (1) and (2), that this
118Subsection (6) does not restrict the right of a person to have access to, after the contract
119or grant has been awarded and signed by all parties:
120(a) a bid, proposal, application, or other information submitted to or by a governmental
121entity in response to:
122(i) an invitation for bids;
123(ii) a request for proposals;
124(iii) a request for quotes;
125(iv) a grant; or
126(v) other similar document; or
127(b) an unsolicited proposal, as defined in Section 63G-6a-712;
128   (7) information submitted to or by a governmental entity in response to a request for
129information, except, subject to Subsections (1) and (2), that this Subsection (7) does not
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130      restrict the right of a person to have access to the information, after:
131      (a) a contract directly relating to the subject of the request for information has been
132awarded and signed by all parties; or
133      (b)(i) a final determination is made not to enter into a contract that relates to the
134subject of the request for information; and
135(ii) at least two years have passed after the day on which the request for information
136is issued;
137  (8) records that would identify real property or the appraisal or estimated value of real or
138      personal property, including intellectual property, under consideration for public
139      acquisition before any rights to the property are acquired unless:
140      (a) public interest in obtaining access to the information is greater than or equal to the
141governmental entity's need to acquire the property on the best terms possible;
142      (b) the information has already been disclosed to persons not employed by or under a
143duty of confidentiality to the entity;
144      (c) in the case of records that would identify property, potential sellers of the described
145property have already learned of the governmental entity's plans to acquire the
146property;
147      (d) in the case of records that would identify the appraisal or estimated value of
148property, the potential sellers have already learned of the governmental entity's
149estimated value of the property; or
150      (e) the property under consideration for public acquisition is a single family residence
151and the governmental entity seeking to acquire the property has initiated negotiations
152to acquire the property as required under Section 78B-6-505;
153  (9) records prepared in contemplation of sale, exchange, lease, rental, or other compensated
154      transaction of real or personal property including intellectual property, which, if
155      disclosed [prior to] before completion of the transaction, would reveal the appraisal or
156      estimated value of the subject property, unless:
157      (a) the public interest in access is greater than or equal to the interests in restricting
158access, including the governmental entity's interest in maximizing the financial
159benefit of the transaction; or
160      (b) when prepared by or on behalf of a governmental entity, appraisals or estimates of
161the value of the subject property have already been disclosed to persons not
162employed by or under a duty of confidentiality to the entity;
163  (10) records created or maintained for civil, criminal, or administrative enforcement
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164purposes or audit purposes, or for discipline, licensing, certification, or registration
165purposes, if release of the records:
166(a) reasonably could be expected to interfere with investigations undertaken for
167enforcement, discipline, licensing, certification, or registration purposes;
168(b) reasonably could be expected to interfere with audits, disciplinary, or enforcement
169proceedings;
170(c) would create a danger of depriving a person of a right to a fair trial or impartial
171hearing;
172(d) reasonably could be expected to disclose the identity of a source who is not generally
173known outside of government and, in the case of a record compiled in the course of
174an investigation, disclose information furnished by a source not generally known
175outside of government if disclosure would compromise the source; or
176(e) reasonably could be expected to disclose investigative or audit techniques,
177procedures, policies, or orders not generally known outside of government if
178disclosure would interfere with enforcement or audit efforts;
179   (11) records the disclosure of which would jeopardize the life or safety of an individual;
180   (12) records the disclosure of which would jeopardize the security of governmental
181property, governmental programs, or governmental recordkeeping systems from
182damage, theft, or other appropriation or use contrary to law or public policy;
183   (13) records that, if disclosed, would jeopardize the security or safety of a correctional
184facility, or records relating to incarceration, treatment, probation, or parole, that would
185interfere with the control and supervision of an offender's incarceration, treatment,
186probation, or parole;
187   (14) records that, if disclosed, would reveal recommendations made to the Board of
188Pardons and Parole by an employee of or contractor for the Department of Corrections,
189the Board of Pardons and Parole, or the Department of Health and Human Services that
190are based on the employee's or contractor's supervision, diagnosis, or treatment of any
191person within the board's jurisdiction;
192   (15) records and audit workpapers that identify audit, collection, and operational procedures
193and methods used by the State Tax Commission, if disclosure would interfere with
194audits or collections;
195   (16) records of a governmental audit agency relating to an ongoing or planned audit until
196the final audit is released;
197   (17) records that are subject to the attorney client privilege;
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198  (18) records prepared for or by an attorney, consultant, surety, indemnitor, insurer,
199      employee, or agent of a governmental entity for, or in anticipation of, litigation or a
200      judicial, quasi-judicial, or administrative proceeding;
201  (19)(a)(i) personal files of a state legislator, including personal correspondence to or
202      from a member of the Legislature; and
203(ii) notwithstanding Subsection (19)(a)(i), correspondence that gives notice of
204legislative action or policy may not be classified as protected under this section;
205and
206      (b)(i) an internal communication that is part of the deliberative process in connection
207with the preparation of legislation between:
208(A) members of a legislative body;
209(B) a member of a legislative body and a member of the legislative body's staff; or
210(C) members of a legislative body's staff; and
211(ii) notwithstanding Subsection (19)(b)(i), a communication that gives notice of
212legislative action or policy may not be classified as protected under this section;
213  (20)(a) records in the custody or control of the Office of Legislative Research and
214      General Counsel, that, if disclosed, would reveal a particular legislator's
215      contemplated legislation or contemplated course of action before the legislator has
216      elected to support the legislation or course of action, or made the legislation or course
217      of action public; and
218      (b) notwithstanding Subsection (20)(a), the form to request legislation submitted to the
219Office of Legislative Research and General Counsel is a public document unless a
220legislator asks that the records requesting the legislation be maintained as protected
221records until such time as the legislator elects to make the legislation or course of
222action public;
223  (21) a research request from a legislator to a legislative staff member and research findings
224      prepared in response to the request;
225  (22) drafts, unless otherwise classified as public;
226  (23) records concerning a governmental entity's strategy about:
227      (a) collective bargaining; or
228      (b) imminent or pending litigation;
229  (24) records of investigations of loss occurrences and analyses of loss occurrences that may
230      be covered by the Risk Management Fund, the Employers' Reinsurance Fund, the
231      Uninsured Employers' Fund, or similar divisions in other governmental entities;
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232   (25) records, other than personnel evaluations, that contain a personal recommendation
233concerning an individual if disclosure would constitute a clearly unwarranted invasion
234of personal privacy, or disclosure is not in the public interest;
235   (26) records that reveal the location of historic, prehistoric, paleontological, or biological
236resources that if known would jeopardize the security of those resources or of valuable
237historic, scientific, educational, or cultural information;
238   (27) records of independent state agencies if the disclosure of the records would conflict
239with the fiduciary obligations of the agency;
240   (28) records of an institution of higher education defined in Section 53H-1-101 regarding
241tenure evaluations, appointments, applications for admissions, retention decisions, and
242promotions, which could be properly discussed in a meeting closed in accordance with
243Title 52, Chapter 4, Open and Public Meetings Act, provided that records of the final
244decisions about tenure, appointments, retention, promotions, or those students admitted,
245may not be classified as protected under this section;
246   (29) records of the governor's office, including budget recommendations, legislative
247proposals, and policy statements, that if disclosed would reveal the governor's
248contemplated policies or contemplated courses of action before the governor has
249implemented or rejected those policies or courses of action or made them public;
250   (30) records of the Office of the Legislative Fiscal Analyst relating to budget analysis,
251revenue estimates, and fiscal notes of proposed legislation before issuance of the final
252recommendations in these areas;
253   (31) records provided by the United States or by a government entity outside the state that
254are given to the governmental entity with a requirement that they be managed as
255protected records if the providing entity certifies that the record would not be subject to
256public disclosure if retained by it;
257   (32) transcripts, minutes, recordings, or reports of the closed portion of a meeting of a
258public body except as provided in Section 52-4-206;
259   (33) records that would reveal the contents of settlement negotiations but not including final
260settlements or empirical data to the extent that they are not otherwise exempt from
261disclosure;
262   (34) memoranda prepared by staff and used in the decision-making process by an
263administrative law judge, a member of the Board of Pardons and Parole, or a member of
264any other body charged by law with performing a quasi-judicial function;
265   (35) records that would reveal negotiations regarding assistance or incentives offered by or
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266      requested from a governmental entity for the purpose of encouraging a person to expand
267      or locate a business in Utah, but only if disclosure would result in actual economic harm
268      to the person or place the governmental entity at a competitive disadvantage, but this
269      section may not be used to restrict access to a record evidencing a final contract;
270  (36) materials to which access must be limited for purposes of securing or maintaining the
271      governmental entity's proprietary protection of intellectual property rights including
272      patents, copyrights, and trade secrets;
273  (37) the name of a donor or a prospective donor to a governmental entity, including an
274      institution of higher education defined in Section 53H-1-101, and other information
275      concerning the donation that could reasonably be expected to reveal the identity of the
276      donor, provided that:
277      (a) the donor requests anonymity in writing;
278      (b) any terms, conditions, restrictions, or privileges relating to the donation may not be
279classified protected by the governmental entity under this Subsection (37); and
280      (c) except for an institution of higher education defined in Section 53H-1-101, the
281governmental unit to which the donation is made is primarily engaged in educational,
282charitable, or artistic endeavors, and has no regulatory or legislative authority over
283the donor, a member of the donor's immediate family, or any entity owned or
284controlled by the donor or the donor's immediate family;
285  (38) accident reports, except as provided in Sections 41-6a-404, 41-12a-202, and 73-18-13;
286  (39) a notification of workers' compensation insurance coverage described in Section
287      34A-2-205;
288  (40) subject to Subsections (40)(g) and (h), the following records of an institution of higher
289      education defined in Section 53H-1-101, which have been developed, discovered,
290      disclosed to, or received by or on behalf of faculty, staff, employees, or students of the
291      institution:
292      (a) unpublished lecture notes;
293      (b) unpublished notes, data, and information:
294(i) relating to research; and
295(ii) of:
296(A) the institution of higher education defined in Section 53H-1-101; or
297(B) a sponsor of sponsored research;
298      (c) unpublished manuscripts;
299      (d) creative works in process;
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300(e) scholarly correspondence; [and]
301(f) confidential information contained in research proposals;
302(g) this Subsection (40) may not be construed to prohibit disclosure of public
303information required [pursuant to] in accordance with Subsection 53H-14-202(2)(a)
304or (b); and
305(h) this Subsection (40) may not be construed to affect the ownership of a record;
306   (41)(a) records in the custody or control of the Office of the Legislative Auditor General
307that would reveal the name of a particular legislator who requests a legislative audit
308prior to the date that audit is completed and made public; and
309(b) notwithstanding Subsection (41)(a), a request for a legislative audit submitted to the
310Office of the Legislative Auditor General is a public document unless the legislator
311asks that the records in the custody or control of the Office of the Legislative Auditor
312General that would reveal the name of a particular legislator who requests a
313legislative audit be maintained as protected records until the audit is completed and
314made public;
315   (42) records that provide detail as to the location of an explosive, including a map or other
316document that indicates the location of:
317(a) a production facility; or
318(b) a magazine;
319   (43) information contained in the statewide database of the Division of Aging and Adult
320Services created by Section 26B-6-210;
321   (44) information contained in the Licensing Information System described in Title 80,
322Chapter 2, Child Welfare Services;
323   (45) information regarding National Guard operations or activities in support of the
324National Guard's federal mission;
325   (46) records provided by any pawn or secondhand business to a law enforcement agency or
326to the central database in compliance with Title 13, Chapter 32a, Pawnshop, Secondhand
327Merchandise, and Catalytic Converter Transaction Information Act;
328   (47) information regarding food security, risk, and vulnerability assessments performed by
329the Department of Agriculture and Food;
330   (48) except to the extent that the record is exempt from this chapter [pursuant to] in
331accordance with Section 63G-2-106, records related to an emergency plan or program, a
332copy of which is provided to or prepared or maintained by the Division of Emergency
333Management, and the disclosure of which would jeopardize:
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334      (a) the safety of the general public; or
335      (b) the security of:
336(i) governmental property;
337(ii) governmental programs; or
338(iii) the property of a private person who provides the Division of Emergency
339Management information;
340  (49) records of the Department of Agriculture and Food that provides for the identification,
341      tracing, or control of livestock diseases, including any program established under Title
342      4, Chapter 24, Utah Livestock Brand and Anti-Theft Act, or Title 4, Chapter 31, Control
343      of Animal Disease;
344  (50) as provided in Section 26B-2-709:
345      (a) information or records held by the Department of Health and Human Services related
346to a complaint regarding a provider, program, or facility which the department is
347unable to substantiate; and
348      (b) information or records related to a complaint received by the Department of Health
349and Human Services from an anonymous complainant regarding a provider, program,
350or facility;
351  (51) unless otherwise classified as public under Section 63G-2-301 and except as provided
352      under Section 41-1a-116, an individual's home address, home telephone number, or
353      personal mobile phone number, if:
354      (a) the individual is required to provide the information in order to comply with a law,
355ordinance, rule, or order of a government entity; and
356      (b) the subject of the record has a reasonable expectation that this information will be
357kept confidential due to:
358(i) the nature of the law, ordinance, rule, or order; and
359(ii) the individual complying with the law, ordinance, rule, or order;
360  (52) the portion of the following documents that contains a candidate's residential or
361      mailing address, if the candidate provides to the filing officer another address or phone
362      number where the candidate may be contacted:
363      (a) a declaration of candidacy, a nomination petition, or a certificate of nomination,
364described in Section 20A-9-201, 20A-9-202, 20A-9-203, 20A-9-404, 20A-9-405,
36520A-9-408, 20A-9-408.5, 20A-9-502, or 20A-9-601;
366      (b) an affidavit of impecuniosity, described in Section 20A-9-201; or
367      (c) a notice of intent to gather signatures for candidacy, described in Section 20A-9-408;
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368   (53) the name, home address, work addresses, and telephone numbers of an individual that
369is engaged in, or that provides goods or services for, medical or scientific research that is:
370(a) conducted within the state system of higher education, as described in Section
37153H-1-102; and
372(b) conducted using animals;
373   (54) in accordance with Section 78A-12-203, any record of the Judicial Performance
374Evaluation Commission concerning an individual commissioner's vote, in relation to
375whether a judge meets or exceeds minimum performance standards under Subsection
37678A-12-203(4), and information disclosed under Subsection 78A-12-203(5)(e);
377   (55) information collected and a report prepared by the Judicial Performance Evaluation
378Commission concerning a judge, unless Section 20A-7-702 or Title 78A, Chapter 12,
379Judicial Performance Evaluation Commission Act, requires disclosure of, or makes
380public, the information or report;
381   (56) records provided or received by the Public Lands Policy Coordinating Office in
382furtherance of any contract or other agreement made in accordance with Section
38363L-11-202;
384   (57) information requested by and provided to the 911 Division under Section 63H-7a-302;
385   (58) in accordance with Section 73-10-33:
386(a) a management plan for a water conveyance facility in the possession of the Division
387of Water Resources or the Board of Water Resources; or
388(b) an outline of an emergency response plan in possession of the state or a county or
389municipality;
390   (59) the following records in the custody or control of the Office of Inspector General of
391Medicaid Services, created in Section 63A-13-201:
392(a) records that would disclose information relating to allegations of personal
393misconduct, gross mismanagement, or illegal activity of a person if the information
394or allegation cannot be corroborated by the Office of Inspector General of Medicaid
395Services through other documents or evidence, and the records relating to the
396allegation are not relied upon by the Office of Inspector General of Medicaid
397Services in preparing a final investigation report or final audit report;
398(b) records and audit workpapers to the extent they would disclose the identity of a
399person who, during the course of an investigation or audit, communicated the
400existence of any Medicaid fraud, waste, or abuse, or a violation or suspected
401violation of a law, rule, or regulation adopted under the laws of this state, a political
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402subdivision of the state, or any recognized entity of the United States, if the
403information was disclosed on the condition that the identity of the person be
404protected;
405      (c) before the time that an investigation or audit is completed and the final investigation
406or final audit report is released, records or drafts circulated to a person who is not an
407employee or head of a governmental entity for the person's response or information;
408      (d) records that would disclose an outline or part of any investigation, audit survey plan,
409or audit program; or
410      (e) requests for an investigation or audit, if disclosure would risk circumvention of an
411investigation or audit;
412  (60) records that reveal methods used by the Office of Inspector General of Medicaid
413      Services, the fraud unit, or the Department of Health and Human Services, to discover
414      Medicaid fraud, waste, or abuse;
415  (61) information provided to the Department of Health and Human Services or the Division
416      of Professional Licensing under Subsections 58-67-304(3) and (4) and Subsections
417      58-68-304(3) and (4);
418  (62) a record described in Section 63G-12-210;
419  (63) captured plate data that is obtained through an automatic license plate reader system
420      used by a governmental entity as authorized in Section 41-6a-2003;
421  (64) an audio or video recording created by a body-worn camera, as that term is defined in
422      Section 77-7a-103, that records sound or images inside a hospital or health care facility
423      as those terms are defined in Section 78B-3-403, inside a clinic of a health care provider,
424      as that term is defined in Section 78B-3-403, or inside a human service program as that
425      term is defined in Section 26B-2-101, except for recordings that:
426      (a) depict the commission of an alleged crime;
427      (b) record any encounter between a law enforcement officer and a person that results in
428death or bodily injury, or includes an instance when an officer fires a weapon;
429      (c) record any encounter that is the subject of a complaint or a legal proceeding against a
430law enforcement officer or law enforcement agency;
431      (d) contain an officer involved critical incident as defined in Subsection 76-2-408(1)(f);
432or
433      (e) have been requested for reclassification as a public record by a subject or authorized
434agent of a subject featured in the recording;
435  (65) a record pertaining to the search process for a president of an institution of higher
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436education described in Section 53H-3-302;
437   (66) an audio recording that is:
438(a) produced by an audio recording device that is used in conjunction with a device or
439piece of equipment designed or intended for resuscitating an individual or for treating
440an individual with a life-threatening condition;
441(b) produced during an emergency event when an individual employed to provide law
442enforcement, fire protection, paramedic, emergency medical, or other first responder
443service:
444(i) is responding to an individual needing resuscitation or with a life-threatening
445condition; and
446(ii) uses a device or piece of equipment designed or intended for resuscitating an
447individual or for treating an individual with a life-threatening condition; and
448(c) intended and used for purposes of training emergency responders how to improve
449their response to an emergency situation;
450   (67) records submitted by or prepared in relation to an applicant seeking a recommendation
451by the Research and General Counsel Subcommittee, the Budget Subcommittee, or the
452Legislative Audit Subcommittee, established under Section 36-12-8, for an employment
453position with the Legislature;
454   (68) work papers as defined in Section 31A-2-204;
455   (69) a record made available to Adult Protective Services or a law enforcement agency
456under Section 61-1-206;
457   (70) a record submitted to the Insurance Department in accordance with Section
45831A-37-201;
459   (71) a record described in Section 31A-37-503;
460   (72) any record created by the Division of Professional Licensing as a result of Subsection
46158-37f-304(5) or 58-37f-702(2)(a)(ii);
462   (73) a record described in Section 72-16-306 that relates to the reporting of an injury
463involving an amusement ride;
464   (74) except as provided in Subsection 63G-2-305.5(1), the signature of an individual on a
465political petition, or on a request to withdraw a signature from a political petition,
466including a petition or request described in the following titles:
467(a) Title 10, Utah Municipal Code;
468(b) Title 17, Counties;
469(c) Title 17B, Limited Purpose Local Government Entities - Special Districts;
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470      (d) Title 17D, Limited Purpose Local Government Entities - Other Entities; and
471      (e) Title 20A, Election Code;
472  (75) except as provided in Subsection 63G-2-305.5(2), the signature of an individual in a
473      voter registration record;
474  (76) except as provided in Subsection 63G-2-305.5(3), any signature, other than a signature
475      described in Subsection (74) or (75), in the custody of the lieutenant governor or a local
476      political subdivision collected or held under, or in relation to, Title 20A, Election Code;
477  (77) a Form I-918 Supplement B certification as described in Title 77, Chapter 38, Part 5,
478      Victims Guidelines for Prosecutors Act;
479  (78) a record submitted to the Insurance Department under Section 31A-48-103;
480  (79) personal information, as defined in Section 63G-26-102, to the extent disclosure is
481      prohibited under Section 63G-26-103;
482  (80) an image taken of an individual during the process of booking the individual into jail,
483      unless:
484      (a) the individual is convicted of a criminal offense based upon the conduct for which
485the individual was incarcerated at the time the image was taken;
486      (b) a law enforcement agency releases or disseminates the image:
487(i) after determining that the individual is a fugitive or an imminent threat to an
488individual or to public safety and releasing or disseminating the image will assist
489in apprehending the individual or reducing or eliminating the threat; or
490(ii) to a potential witness or other individual with direct knowledge of events relevant
491to a criminal investigation or criminal proceeding for the purpose of identifying or
492locating an individual in connection with the criminal investigation or criminal
493proceeding;
494      (c) a judge orders the release or dissemination of the image based on a finding that the
495release or dissemination is in furtherance of a legitimate law enforcement interest; or
496      (d) the image is displayed to a person who is permitted to view the image under Section
49717-72-802;
498  (81) a record:
499      (a) concerning an interstate claim to the use of waters in the Colorado River system;
500      (b) relating to a judicial proceeding, administrative proceeding, or negotiation with a
501representative from another state or the federal government as provided in Section [
50263M-14-205] 73-34-205; and
503      (c) the disclosure of which would:
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504(i) reveal a legal strategy relating to the state's claim to the use of the water in the
505Colorado River system;
506(ii) harm the ability of the Colorado River Authority of Utah or river commissioner to
507negotiate the best terms and conditions regarding the use of water in the Colorado
508River system; or
509(iii) give an advantage to another state or to the federal government in negotiations
510regarding the use of water in the Colorado River system;
511   (82) any part of an application described in Section 63N-16-201 that the Governor's Office
512of Economic Opportunity determines is nonpublic, confidential information that if
513disclosed would result in actual economic harm to the applicant, but this Subsection (82)
514may not be used to restrict access to a record evidencing a final contract or approval
515decision;
516   (83) the following records of a drinking water or wastewater facility:
517(a) an engineering or architectural drawing of the drinking water or wastewater facility;
518and
519(b) except as provided in Section 63G-2-106, a record detailing tools or processes the
520drinking water or wastewater facility uses to secure, or prohibit access to, the records
521described in Subsection (83)(a);
522   (84) a statement that an employee of a governmental entity provides to the governmental
523entity as part of the governmental entity's personnel or administrative investigation into
524potential misconduct involving the employee if the governmental entity:
525(a) requires the statement under threat of employment disciplinary action, including
526possible termination of employment, for the employee's refusal to provide the
527statement; and
528(b) provides the employee assurance that the statement cannot be used against the
529employee in any criminal proceeding;
530   (85) any part of an application for a Utah Fits All Scholarship account described in Section
53153F-6-402 or other information identifying a scholarship student as defined in Section
53253F-6-401;
533   (86) a record:
534(a) concerning a claim to the use of waters in the Great Salt Lake;
535(b) relating to a judicial proceeding, administrative proceeding, or negotiation with a
536person concerning the claim, including a representative from another state or the
537federal government; and
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538      (c) the disclosure of which would:
539(i) reveal a legal strategy relating to the state's claim to the use of the water in the
540Great Salt Lake;
541(ii) harm the ability of the Great Salt Lake commissioner to negotiate the best terms
542and conditions regarding the use of water in the Great Salt Lake; or
543(iii) give an advantage to another person including another state or to the federal
544government in negotiations regarding the use of water in the Great Salt Lake;
545  (87) a consumer complaint described in Section 13-2-11, unless the consumer complaint is
546      reclassified as public as described in Subsection [13-2-11(4)] 13-2-11(3);
547  (88) a record of the Utah water agent, appointed under Section 73-10g-702:
548      (a) concerning a claim to the use of waters;
549      (b) relating to a judicial proceeding, administrative proceeding, or negotiation with a
550representative from another state, a tribe, the federal government, or other
551government entity as provided in Title 73, Chapter 10g, Part 7, Utah Water Agent;
552and
553      (c) the disclosure of which would:
554(i) reveal a legal strategy relating to the state's claim to the use of the water;
555(ii) harm the ability of the Utah water agent to negotiate the best terms and conditions
556regarding the use of water; or
557(iii) give an advantage to another state, a tribe, the federal government, or other
558government entity in negotiations regarding the use of water; and
559  (89) a record created or maintained for an investigation of the Prosecutor Conduct
560      Commission, created in Section 63M-7-1102, that contains any personal identifying
561      information of a prosecuting attorney, including:
562      (a) a complaint, or a document that is submitted or created for a complaint, received by
563the Prosecutor Conduct Commission; or
564      (b) a finding by the Prosecutor Conduct Commission.
565Section 2. Section 63G-6a-103 is amended to read:
56663G-6a-103 (Effective 07/01/26). Definitions.
567     As used in this chapter:
568  (1) "Approved vendor" means a person who has been approved for inclusion on an
569      approved vendor list through the approved vendor list process.
570  (2) "Approved vendor list" means a list of approved vendors established under Section
571      63G-6a-507.
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572   (3) "Approved vendor list process" means the procurement process described in Section
57363G-6a-507.
574   (4)(a) "Award" means, in relation to a contract, a procurement unit's selection of a
575vendor to supply a procurement item after the procurement unit engages in:
576(i) a standard procurement process; or
577(ii) an exception to a standard procurement process under Part 8, Exceptions to
578Procurement Requirements.
579(b) "Award" does not mean, in relation to a contract, a procurement unit's offer or
580acceptance of any terms or conditions related to the procurement unit's acquisition or
581receipt of the procurement item.
582   (5) "Bidder" means a person who submits a bid or price quote in response to an invitation
583for bids.
584   (6) "Bidding process" means the procurement process described in Part 6, Bidding.
585   (7) "Board" means the Utah State Procurement Policy Board, created in Section 63G-6a-202.
586   (8) "Change directive" means a written order signed by the procurement officer that directs
587the contractor to suspend work or make changes, as authorized by contract, without the
588consent of the contractor.
589   (9) "Change order" means a written alteration in specifications, delivery point, rate of
590delivery, period of performance, price, quantity, or other provisions of a contract, upon
591mutual agreement of the parties to the contract.
592   (10) "Chief procurement officer" means the individual appointed under Section 63A-2-102.
593   (11) "Conducting procurement unit" means a procurement unit that conducts all aspects of a
594procurement:
595(a) except:
596(i) reviewing a solicitation to verify that it is in proper form; and
597(ii) causing the publication of a notice of a solicitation; and
598(b) including:
599(i) preparing any solicitation document;
600(ii) appointing an evaluation committee;
601(iii) conducting the evaluation process, except the process relating to scores
602calculated for costs of proposals;
603(iv) selecting and recommending the person to be awarded a contract;
604(v) negotiating the terms and conditions of a contract, subject to the issuing
605procurement unit's approval; and
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606(vi) contract administration.
607  (12) "Conservation district" means the same as that term is defined in Section 17D-3-102.
608  (13) "Construction project":
609      (a) means a project for the construction, renovation, alteration, improvement, or repair of
610a public facility on real property, including all services, labor, supplies, and materials
611for the project; and
612      (b) does not include services and supplies for the routine, day-to-day operation, repair,
613or maintenance of an existing public facility.
614  (14) "Construction manager/general contractor":
615      (a) means a contractor who enters into a contract:
616(i) for the management of a construction project; and
617(ii) that allows the contractor to subcontract for additional labor and materials that are
618not included in the contractor's cost proposal submitted at the time of the
619procurement of the contractor's services; and
620      (b) does not include a contractor whose only subcontract work not included in the
621contractor's cost proposal submitted as part of the procurement of the contractor's
622services is to meet subcontracted portions of change orders approved within the
623scope of the project.
624  (15) "Construction subcontractor":
625      (a) means a person under contract with a contractor or another subcontractor to provide
626services or labor for the design or construction of a construction project;
627      (b) includes a general contractor or specialty contractor licensed or exempt from
628licensing under Title 58, Chapter 55, Utah Construction Trades Licensing Act; and
629      (c) does not include a supplier who provides only materials, equipment, or supplies to a
630contractor or subcontractor for a construction project.
631  (16) "Contract" means an agreement for a procurement.
632  (17) "Contract administration" means all functions, duties, and responsibilities associated
633      with managing, overseeing, and carrying out a contract between a procurement unit and
634      a contractor, including:
635      (a) implementing the contract;
636      (b) ensuring compliance with the contract terms and conditions by the conducting
637procurement unit and the contractor;
638      (c) executing change orders;
639      (d) processing contract amendments;
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640(e) resolving, to the extent practicable, contract disputes;
641(f) curing contract errors and deficiencies;
642(g) terminating a contract;
643(h) measuring or evaluating completed work and contractor performance;
644(i) computing payments under the contract; and
645(j) closing out a contract.
646   (18) "Contractor" means a person who is awarded a contract with a procurement unit.
647   (19) "Cooperative procurement" means procurement conducted by, or on behalf of:
648(a) more than one procurement unit; or
649(b) a procurement unit and a cooperative purchasing organization.
650   (20) "Cooperative purchasing organization" means an organization, association, or alliance
651of purchasers established to combine purchasing power in order to obtain the best value
652for the purchasers by engaging in procurements in accordance with Section 63G-6a-2105.
653   (21) "Cost-plus-a-percentage-of-cost contract" means a contract under which the contractor
654is paid a percentage of the total actual expenses or costs in addition to the contractor's
655actual expenses or costs.
656   (22) "Cost-reimbursement contract" means a contract under which a contractor is
657reimbursed for costs which are allowed and allocated in accordance with the contract
658terms and the provisions of this chapter, and a fee, if any.
659   (23) "Days" means calendar days, unless expressly provided otherwise.
660   (24) "Definite quantity contract" means a fixed price contract that provides for a specified
661amount of supplies over a specified period, with deliveries scheduled according to a
662specified schedule.
663   (25) "Design professional" means:
664(a) an individual licensed as an architect under Title 58, Chapter 3a, Architects
665Licensing Act;
666(b) an individual licensed as a professional engineer or professional land surveyor under
667Title 58, Chapter 22, Professional Engineers and Professional Land Surveyors
668Licensing Act;
669(c) an individual licensed under Title 58, Chapter 53, Landscape Architects Licensing
670Act, to engage in the practice of landscape architecture, as defined in Section
67158-53-102; or
672(d) an individual certified as a commercial interior designer under Title 58, Chapter 86,
673State Certification of Commercial Interior Designers Act.
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674  (26) "Design professional procurement process" means the procurement process described
675      in Part 15, Design Professional Services.
676  (27) "Design professional services" means:
677      (a) professional services within the scope of the practice of architecture as defined in
678Section 58-3a-102;
679      (b) professional engineering as defined in Section 58-22-102;
680      (c) master planning and programming services;
681      (d) professional services within the scope of the practice of landscape architecture, as
682defined in Section 58-53-102; or
683      (e) services within the scope of the practice of commercial interior design, as defined in
684Section 58-86-102.
685  (28) "Design-build" means the procurement of design professional services and
686      construction by the use of a single contract.
687  (29) "Division" means the Division of Purchasing and General Services, created in Section
688      63A-2-101.
689  (30) "Educational procurement unit" means:
690      (a) a school district;
691      (b) a public school, including a local school board or a charter school;
692      (c) the Utah Schools for the Deaf and the Blind;
693      (d) the Utah Education and Telehealth Network;
694      (e) an institution of higher education of the state described in Section 53H-1-102; or
695      (f) the State Board of Education.
696  (31) "Established catalogue price" means the price included in a catalogue, price list,
697      schedule, or other form that:
698      (a) is regularly maintained by a manufacturer or contractor;
699      (b) is published or otherwise available for inspection by customers; and
700      (c) states prices at which sales are currently or were last made to a significant number of
701any category of buyers or buyers constituting the general buying public for the
702supplies or services involved.
703  (32)(a) "Executive branch procurement unit" means a department, division, office,
704      bureau, agency, or other organization within the state executive branch.
705      (b) "Executive branch procurement unit" does not include the Colorado River Authority
706of Utah as provided in Section [63M-14-210] 73-34-209.
707  (33) "Facilities division" means the Division of Facilities Construction and Management,
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708created in Section 63A-5b-301.
709   (34) "Fixed price contract" means a contract that provides a price, for each procurement
710item obtained under the contract, that is not subject to adjustment except to the extent
711that:
712(a) the contract provides, under circumstances specified in the contract, for an
713adjustment in price that is not based on cost to the contractor; or
714(b) an adjustment is required by law.
715   (35) "Fixed price contract with price adjustment" means a fixed price contract that provides
716for an upward or downward revision of price, precisely described in the contract, that:
717(a) is based on the consumer price index or another commercially acceptable index,
718source, or formula; and
719(b) is not based on a percentage of the cost to the contractor.
720   (36) "Grant" means an expenditure of public funds or other assistance, or an agreement to
721expend public funds or other assistance, for a public purpose authorized by law, without
722acquiring a procurement item in exchange.
723   (37) "Human services procurement item" means a procurement item used to provide
724services or support to a child, youth, adult, or family.
725   (38) "Immaterial error":
726(a) means an irregularity or abnormality that is:
727(i) a matter of form that does not affect substance; or
728(ii) an inconsequential variation from a requirement of a solicitation that has no, little,
729or a trivial effect on the procurement process and that is not prejudicial to other
730vendors; and
731(b) includes:
732(i) a missing signature, missing acknowledgment of an addendum, or missing copy of
733a professional license, bond, or insurance certificate;
734(ii) a typographical error;
735(iii) an error resulting from an inaccuracy or omission in the solicitation; and
736(iv) any other error that the procurement official reasonably considers to be
737immaterial.
738   (39) "Indefinite quantity contract" means a fixed price contract that:
739(a) is for an indefinite amount of procurement items to be supplied as ordered by a
740procurement unit; and
741(b)(i) does not require a minimum purchase amount; or
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742(ii) provides a maximum purchase limit.
743  (40) "Independent procurement unit" means:
744      (a)(i) a legislative procurement unit;
745(ii) a judicial branch procurement unit;
746(iii) an educational procurement unit;
747(iv) a local governmental procurement unit;
748(v) a conservation district;
749(vi) a local building authority;
750(vii) a special district;
751(viii) a public corporation;
752(ix) a special service district; or
753(x) the Utah Communications Authority, established in Section 63H-7a-201;
754      (b) the facilities division, but only to the extent of the procurement authority provided
755under Title 63A, Chapter 5b, Administration of State Facilities;
756      (c) the attorney general, but only to the extent of the procurement authority provided
757under Title 67, Chapter 5, Attorney General;
758      (d) the Department of Transportation, but only to the extent of the procurement authority
759provided under Title 72, Transportation Code;
760      (e) the Department of Health and Human Services, but only for the procurement of a
761human services procurement item; or
762      (f) any other executive branch department, division, office, or entity that has statutory
763procurement authority outside this chapter, but only to the extent of that statutory
764procurement authority.
765  (41)(a) "Interlocal entity" means a separate political subdivision created under Title 11,
766      Chapter 13, Interlocal Cooperation Act.
767      (b) "Interlocal entity" does not include a project entity.
768  (42) "Invitation for bids":
769      (a) means a document used to solicit:
770(i) bids to provide a procurement item to a procurement unit; or
771(ii) quotes for a price of a procurement item to be provided to a procurement unit; and
772      (b) includes all documents attached to or incorporated by reference in a document
773described in Subsection (42)(a).
774  (43) "Issuing procurement unit" means a procurement unit that:
775      (a) reviews a solicitation to verify that [it] the solicitation is in proper form;
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776(b) causes the notice of a solicitation to be published; and
777(c) negotiates and approves the terms and conditions of a contract.
778   (44) "Judicial procurement unit" means:
779(a) the Utah Supreme Court;
780(b) the Utah Court of Appeals;
781(c) the Judicial Council;
782(d) a state judicial district; or
783(e) an office, committee, subcommittee, or other organization within the state judicial
784branch.
785   (45) "Labor hour contract" is a contract under which:
786(a) the supplies and materials are not provided by, or through, the contractor; and
787(b) the contractor is paid a fixed rate that includes the cost of labor, overhead, and profit
788for a specified number of labor hours or days.
789   (46) "Legislative procurement unit" means:
790(a) the Legislature;
791(b) the Senate;
792(c) the House of Representatives;
793(d) a staff office of the Legislature, the Senate, or the House of Representatives; or
794(e) a committee, subcommittee, commission, or other organization:
795(i) within the state legislative branch; or
796(ii)(A) that is created by statute to advise or make recommendations to the
797Legislature;
798(B) the membership of which includes legislators; and
799(C) for which the Office of Legislative Research and General Counsel provides
800staff support.
801   (47) "Local building authority" means the same as that term is defined in Section 17D-2-102.
802   (48) "Local government procurement unit" means:
803(a) a county, municipality, interlocal entity, or project entity, and each office of the
804county, municipality, interlocal entity, or project entity, unless:
805(i) the county or municipality adopts a procurement code by ordinance;
806(ii) the interlocal entity adopts procurement rules or policies as provided in
807Subsection 11-13-226(2); or
808(iii) the project entity adopts a procurement code through the process described in
809Section 11-13-316;
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810      (b)(i) a county or municipality that has adopted this entire chapter by ordinance, and
811each office or agency of that county or municipality; and
812(ii) a project entity that has adopted this entire chapter through the process described
813in Subsection 11-13-316; or
814      (c) a county, municipality, or project entity, and each office of the county, municipality,
815or project entity that has adopted a portion of this chapter to the extent that:
816(i) a term in the ordinance is used in the adopted chapter; or
817(ii) a term in the ordinance is used in the language a project entity adopts in its
818procurement code through the process described in Section 11-13-316.
819  (49) "Multiple award contracts" means the award of a contract for an indefinite quantity of
820      a procurement item to more than one person.
821  (50) "Multiyear contract" means a contract that extends beyond a one-year period,
822      including a contract that permits renewal of the contract, without competition, beyond
823      the first year of the contract.
824  (51) "Municipality" means a city or town.
825  (52) "Nonadopting local government procurement unit" means:
826      (a) a county or municipality that has not adopted Part 16, Protests, Part 17, Procurement
827Appeals Board, Part 18, Appeals to Court and Court Proceedings, and Part 19,
828General Provisions Related to Protest or Appeal; and
829      (b) each office or agency of a county or municipality described in Subsection (52)(a).
830  (53) "Offeror" means a person who submits a proposal in response to a request for
831      proposals.
832  (54) "Preferred bidder" means a bidder that is entitled to receive a reciprocal preference
833      under the requirements of this chapter.
834  (55) "Procure" means to acquire a procurement item through a procurement.
835  (56) "Procurement" means the acquisition of a procurement item through an expenditure of
836      public funds, or an agreement to expend public funds, including an acquisition through a
837      public-private partnership.
838  (57) "Procurement item" means an item of personal property, a technology, a service, or a
839      construction project.
840  (58) "Procurement official" means:
841      (a) for a procurement unit other than an independent procurement unit, the chief
842procurement officer;
843      (b) for a legislative procurement unit, the individual, individuals, or body designated in a
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844policy adopted by the Legislative Management Committee;
845      (c) for a judicial procurement unit, the Judicial Council or an individual or body
846designated by the Judicial Council by rule;
847      (d) for a local government procurement unit:
848(i) the legislative body of the local government procurement unit; or
849(ii) an individual or body designated by the local government procurement unit;
850      (e) for a special district, the board of trustees of the special district or the board of
851trustees' designee;
852      (f) for a special service district, the governing body of the special service district or the
853governing body's designee;
854      (g) for a local building authority, the board of directors of the local building authority or
855the board of directors' designee;
856      (h) for a conservation district, the board of supervisors of the conservation district or the
857board of supervisors' designee;
858      (i) for a public corporation, the board of directors of the public corporation or the board
859of directors' designee;
860      (j) for a school district or any school or entity within a school district, the board of the
861school district or the board's designee;
862      (k) for a charter school, the individual or body with executive authority over the charter
863school or the designee of the individual or body;
864      (l) for an institution of higher education described in Section 53H-1-102, the president of
865the institution of higher education or the president's designee;
866      (m) for the State Board of Education, the State Board of Education or the State Board of
867Education's designee;
868      (n) for the Utah Board of Higher Education, the Commissioner of Higher Education or
869the designee of the Commissioner of Higher Education;
870      (o) for the Utah Communications Authority, established in Section 63H-7a-201, the
871executive director of the Utah Communications Authority or the executive director's
872designee; or
873      (p)(i) for the facilities division, and only to the extent of procurement activities of the
874facilities division as an independent procurement unit under the procurement
875authority provided under Title 63A, Chapter 5b, Administration of State Facilities,
876the director of the facilities division or the director's designee;
877(ii) for the attorney general, and only to the extent of procurement activities of the
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878attorney general as an independent procurement unit under the procurement
879authority provided under Title 67, Chapter 5, Attorney General, the attorney
880general or the attorney general's designee;
881(iii) for the Department of Transportation created in Section 72-1-201, and only to
882the extent of procurement activities of the Department of Transportation as an
883independent procurement unit under the procurement authority provided under
884Title 72, Transportation Code, the executive director of the Department of
885Transportation or the executive director's designee;
886(iv) for the Department of Health and Human Services, and only to the extent of the
887procurement activities of the Department of Health and Human Services as an
888independent procurement unit, the executive director of the Department of Health
889and Human Services or the executive director's designee; or
890(v) for any other executive branch department, division, office, or entity that has
891statutory procurement authority outside this chapter, and only to the extent of the
892procurement activities of the department, division, office, or entity as an
893independent procurement unit under the procurement authority provided outside
894this chapter for the department, division, office, or entity, the chief executive
895officer of the department, division, office, or entity or the chief executive officer's
896designee.
897  (59) "Procurement unit" means:
898      (a) a legislative procurement unit;
899      (b) an executive branch procurement unit;
900      (c) a judicial procurement unit;
901      (d) an educational procurement unit;
902      (e) the Utah Communications Authority, established in Section 63H-7a-201;
903      (f) a local government procurement unit;
904      (g) a special district;
905      (h) a special service district;
906      (i) a local building authority;
907      (j) a conservation district; or
908      (k) a public corporation.
909  (60) "Professional service" means labor, effort, or work that requires specialized
910      knowledge, expertise, and discretion, including labor, effort, or work in the field of:
911      (a) accounting;
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912(b) administrative law judge service;
913(c) architecture;
914(d) construction design and management;
915(e) engineering;
916(f) financial services;
917(g) information technology;
918(h) the law;
919(i) medicine;
920(j) psychiatry; or
921(k) underwriting.
922   (61) "Project entity" means the same as that term is defined in Section 11-13-103.
923   (62) "Protest officer" means:
924(a) for the division or an independent procurement unit:
925(i) the procurement official;
926(ii) the procurement official's designee who is an employee of the procurement unit;
927or
928(iii) a person designated by rule made by the rulemaking authority; or
929(b) for a procurement unit other than an independent procurement unit, the chief
930procurement officer or the chief procurement officer's designee who is an employee
931of the division .
932   (63) "Public corporation" means the same as that term is defined in Section 63E-1-102.
933   (64) "Public entity" means the state or any other governmental entity within the state that
934expends public funds.
935   (65) "Public facility" means a building, structure, infrastructure, improvement, or other
936facility of a public entity.
937   (66) "Public funds" means money, regardless of its source, including from the federal
938government, that is owned or held by a procurement unit.
939   (67) "Public transit district" means a public transit district organized under Title 17B,
940Chapter 2a, Part 8, Public Transit District Act.
941   (68) "Public-private partnership" means an arrangement or agreement, occurring on or after
942January 1, 2017, between a procurement unit and one or more contractors to provide for
943a public need through the development or operation of a project in which the contractor
944or contractors share with the procurement unit the responsibility or risk of developing,
945owning, maintaining, financing, or operating the project.
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946  (69) "Qualified vendor" means a vendor who:
947      (a) is responsible; and
948      (b) submits a responsive statement of qualifications under Section 63G-6a-410 that
949meets the minimum mandatory requirements, evaluation criteria, and any applicable
950score thresholds set forth in the request for statement of qualifications.
951  (70) "Real property" means land and any building, fixture, improvement, appurtenance,
952      structure, or other development that is permanently affixed to land.
953  (71) "Request for information" means a nonbinding process through which a procurement
954      unit requests information relating to a procurement item.
955  (72) "Request for proposals" means a document used to solicit proposals to provide a
956      procurement item to a procurement unit, including all other documents that are attached
957      to that document or incorporated in that document by reference.
958  (73) "Request for proposals process" means the procurement process described in Part 7,
959      Request for Proposals.
960  (74) "Request for statement of qualifications" means a document used to solicit information
961      about the qualifications of a person interested in responding to a potential procurement,
962      including all other documents attached to that document or incorporated in that
963      document by reference.
964  (75) "Requirements contract" means a contract:
965      (a) under which a contractor agrees to provide a procurement unit's entire requirements
966for certain procurement items at prices specified in the contract during the contract
967period; and
968      (b) that:
969(i) does not require a minimum purchase amount; or
970(ii) provides a maximum purchase limit.
971  (76) "Responsible" means being capable, in all respects, of:
972      (a) meeting all the requirements of a solicitation; and
973      (b) fully performing all the requirements of the contract resulting from the solicitation,
974including being financially solvent with sufficient financial resources to perform the
975contract.
976  (77) "Responsive" means conforming in all material respects to the requirements of a
977      solicitation.
978  (78) "Rule" includes a policy or regulation adopted by the rulemaking authority, if adopting
979      a policy or regulation is the method the rulemaking authority uses to adopt provisions
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980      that govern the applicable procurement unit.
981   (79) "Rulemaking authority" means:
982      (a) for a legislative procurement unit, the Legislative Management Committee;
983      (b) for a judicial procurement unit, the Judicial Council;
984      (c)(i) only to the extent of the procurement authority expressly granted to the
985procurement unit by statute:
986(A) for the facilities division, the facilities division;
987(B) for the Office of the Attorney General, the attorney general;
988(C) for the Department of Transportation created in Section 72-1-201, the
989executive director of the Department of Transportation;
990(D) for the Department of Health and Human Services, the executive director of
991the Department of Health and Human Services; and
992(E) for any other executive branch department, division, office, or entity that has
993statutory procurement authority outside this chapter, the governing authority of
994the department, division, office, or entity; and
995(ii) for each other executive branch procurement unit, the board;
996      (d) for a local government procurement unit:
997(i) the governing body of the local government unit; or
998(ii) an individual or body designated by the local government procurement unit;
999      (e) for a school district or a public school, the board, except to the extent of a school
1000  district's own nonadministrative rules that do not conflict with the provisions of this
1001  chapter;
1002        (f) for an institution of higher education, the Utah Board of Higher Education;
1003        (g) for the State Board of Education or the Utah Schools for the Deaf and the Blind, the
1004  State Board of Education;
1005        (h) for a public transit district, the chief executive of the public transit district;
1006        (i) for a special district other than a public transit district or for a special service district,
1007  the board, except to the extent that the board of trustees of the special district or the
1008  governing body of the special service district makes [its] the special service district's
1009  own rules:
1010  (i) with respect to a subject addressed by board rules; or
1011  (ii) that are in addition to board rules;
1012        (j) for the Utah Educational Savings Plan, created in Section 53H-10-202, the Utah
1013  Board of Higher Education;
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1014        (k) for the School and Institutional Trust Lands Administration, created in Section
1015  53C-1-201, the School and Institutional Trust Lands Board of Trustees;
1016        (l) for the School and Institutional Trust Fund Office, created in Section 53D-1-201, the
1017  School and Institutional Trust Fund Board of Trustees;
1018        (m) for the Utah Communications Authority, established in Section 63H-7a-201, the
1019  Utah Communications Authority board, created in Section 63H-7a-203; or
1020        (n) for any other procurement unit, the board.
1021    (80) "Service":
1022        (a) means labor, effort, or work to produce a result that is beneficial to a procurement
1023  unit;
1024        (b) includes a professional service; and
1025        (c) does not include labor, effort, or work provided under an employment agreement or a
1026  collective bargaining agreement.
1027    (81) "Small purchase process" means the procurement process described in Section
1028        63G-6a-506.
1029    (82) "Sole source contract" means a contract resulting from a sole source procurement.
1030    (83) "Sole source procurement" means a procurement without competition [pursuant to] in
1031        accordance with a determination under Subsection 63G-6a-802(1)(a) that there is only
1032        one source for the procurement item.
1033    (84) "Solicitation" means an invitation for bids, request for proposals, or request for
1034        statement of qualifications.
1035    (85) "Solicitation response" means:
1036        (a) a bid submitted in response to an invitation for bids;
1037        (b) a proposal submitted in response to a request for proposals; or
1038        (c) a statement of qualifications submitted in response to a request for statement of
1039  qualifications.
1040    (86) "Special district" means the same as that term is defined in Section 17B-1-102.
1041    (87) "Special service district" means the same as that term is defined in Section 17D-1-102.
1042    (88) "Specification" means any description of the physical or functional characteristics or of
1043        the nature of a procurement item included in an invitation for bids or a request for
1044        proposals, or otherwise specified or agreed to by a procurement unit, including a
1045        description of:
1046        (a) a requirement for inspecting or testing a procurement item; or
1047        (b) preparing a procurement item for delivery.
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 H.B. 473  Enrolled Copy
1048     (89) "Standard procurement process" means:
1049  (a) the bidding process;
1050  (b) the request for proposals process;
1051  (c) the approved vendor list process;
1052  (d) the small purchase process; or
1053  (e) the design professional procurement process.
1054     (90) "State cooperative contract" means a contract awarded by the division for and in behalf
1055  of all public entities.
1056     (91) "Statement of qualifications" means a written statement submitted to a procurement
1057  unit in response to a request for statement of qualifications.
1058     (92) "Subcontractor":
1059  (a) means a person under contract to perform part of a contractual obligation under the
1060  control of the contractor, whether the person's contract is with the contractor directly
1061  or with another person who is under contract to perform part of a contractual
1062  obligation under the control of the contractor; and
1063  (b) includes a supplier, distributor, or other vendor that furnishes supplies or services to
1064  a contractor.
1065     (93) "Technology" means the same as "information technology," as defined in Section
1066  63A-16-102.
1067     (94) "Tie bid" means that the lowest responsive bids of responsible bidders are identical in
1068  price.
1069     (95) "Time and materials contract" means a contract under which the contractor is paid:
1070  (a) the actual cost of direct labor at specified hourly rates;
1071  (b) the actual cost of materials and equipment usage; and
1072  (c) an additional amount, expressly described in the contract, to cover overhead and
1073  profit, that is not based on a percentage of the cost to the contractor.
1074     (96) "Transitional costs":
1075  (a) means the costs of changing:
1076  (i) from an existing provider of a procurement item to another provider of that
1077  procurement item; or
1078  (ii) from an existing type of procurement item to another type;
1079  (b) includes:
1080  (i) training costs;
1081  (ii) conversion costs;
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1082  (iii) compatibility costs;
1083  (iv) costs associated with system downtime;
1084  (v) disruption of service costs;
1085  (vi) staff time necessary to implement the change;
1086  (vii) installation costs; and
1087  (viii) ancillary software, hardware, equipment, or construction costs; and
1088        (c) does not include:
1089  (i) the costs of preparing for or engaging in a procurement process; or
1090  (ii) contract negotiation or drafting costs.
1091    (97) "Vendor":
1092        (a) means a person who is seeking to enter into a contract with a procurement unit to
1093  provide a procurement item; and
1094        (b) includes:
1095  (i) a bidder;
1096  (ii) an offeror;
1097  (iii) an approved vendor;
1098  (iv) a design professional; and
1099  (v) a person who submits an unsolicited proposal under Section 63G-6a-712.
1100  Section 3. Section 63G-6a-107.6 is amended to read:
1101  63G-6a-107.6 (Effective 07/01/26). Exemptions from chapter.
1102    (1) Except for this Subsection (1), this chapter does not apply to:
1103        (a) a public entity's acquisition of a procurement item from another public entity;
1104        (b) a public entity that is not a procurement unit, including the Colorado River Authority
1105  of Utah as provided in Section [63M-14-210] 73-34-209; or
1106        (c) the retention of experts by:
1107  (i) the Public Service Commission under Subsection 54-1-6(1)(a)(iii);
1108  (ii) the Division of Public Utilities under Subsection 54-4a-3(2)(b); and
1109  (iii) the Office of Consumer Services under Title 54, Chapter 10a, Office of
1110  Consumer Services Act.
1111    (2) Unless otherwise provided by statute and except for this Subsection (2), this chapter
1112        does not apply to the acquisition or disposal of real property or an interest in real
1113        property, including the acquisition or lease of water or water rights for the Great Salt
1114        Lake.
1115    (3) Except for this Subsection (3) and Part 24, Unlawful Conduct and Penalties, this chapter
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 H.B. 473  Enrolled Copy
1116  does not apply to:
1117  (a) funds administered under the Percent-for-Art Program of the Utah Percent-for-Art
1118  Act;
1119  (b) a grant;
1120  (c) medical supplies or medical equipment, including service agreements for medical
1121  equipment, obtained by the University of Utah Hospital or the Department of Health
1122  and Human Services through a purchasing consortium if:
1123  (i) the consortium uses a competitive procurement process; and
1124  (ii) the chief administrative officer of the hospital or the executive director of the
1125  Department of Health and Human Services, as the case may be, makes a written
1126  finding that the prices for purchasing medical supplies and medical equipment
1127  through the consortium are competitive with market prices;
1128  (d) the purchase of firefighting supplies or equipment by the Division of Forestry, Fire,
1129  and State Lands, created in Section 65A-1-4, through the federal General Services
1130  Administration or the National Fire Cache system;
1131  (e) supplies purchased for resale to the public;
1132  (f) activities related to the management of investments by a public entity granted
1133  investment authority by law; [or]
1134  (g) activities of the Utah water agent appointed under Section 73-10g-702; or
1135  (h) transit vehicles procured by the Department of Transportation through a purchasing
1136  consortium, cooperative purchasing agreement, or an interagency agreement if:
1137  (i) the contracting party for the acquisition of the transit vehicle from the vendor is:
1138  (A) a public entity;
1139  (B) another state government; or
1140  (C) a public transit district in another state;
1141  (ii) the transit vehicle is intended to be used for, or in connection with, a public
1142  transit service within the state; and
1143  (iii) the procurement of the transit vehicle is in the best interest of the state.
1144     (4) This chapter does not supersede the requirements for retention or withholding of
1145  construction proceeds and release of construction proceeds as provided in Section 13-8-5.
1146     (5) Except for this Subsection (5), this chapter does not apply to a procurement unit's hiring
1147  a mediator, arbitrator, or arbitration panel member to participate in the procurement
1148  unit's dispute resolution efforts.
1149  Section 4. Section 63J-1-602.2 is amended to read:
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 Enrolled Copy  H.B. 473
1150  63J-1-602.2 (Effective 07/01/26) (Partially Repealed 07/01/29). List of nonlapsing
1151    appropriations to programs.
1152       Appropriations made to the following programs are nonlapsing:
1153    (1) The Legislature and the Legislature's committees.
1154    (2) The State Board of Education, including all appropriations to agencies, line items, and
1155        programs under the jurisdiction of the State Board of Education, in accordance with
1156        Section 53F-9-103.
1157    (3) The Rangeland Improvement Act created in Section 4-20-101.
1158    (4) The Percent-for-Art Program created in Section 9-6-404.
1159    (5) The LeRay McAllister Working Farm and Ranch Fund Program created in Title 4,
1160        Chapter 46, Part 3, LeRay McAllister Working Farm and Ranch Fund.
1161    (6) The Utah Lake Authority created in Section 11-65-201.
1162    (7) Dedicated credits accrued to the Utah Marriage Commission as provided under
1163        Subsection 17-66-303(2)(d)(ii).
1164    (8) The Wildlife Land and Water Acquisition Program created in Section 23A-6-205.
1165    (9) Sanctions collected as dedicated credits from Medicaid providers under Subsection
1166        26B-3-108(7).
1167    (10) The primary care grant program created in Section 26B-4-310.
1168    (11) The Opiate Overdose Outreach Pilot Program created in Section 26B-4-512.
1169    (12) The Utah Health Care Workforce Financial Assistance Program created in Section
1170        26B-4-702.
1171    (13) The Rural Physician Loan Repayment Program created in Section 26B-4-703.
1172    (14) The Utah Medical Education Council for the:
1173        (a) administration of the Utah Medical Education Program created in Section 26B-4-707;
1174        (b) provision of medical residency grants described in Section 26B-4-711; and
1175        (c) provision of the forensic psychiatric fellowship grant described in Section 26B-4-712.
1176    (15) The Division of Services for People with Disabilities, as provided in Section 26B-6-402.
1177    (16) The Communication Habits to reduce Adolescent Threats (CHAT) Pilot Program
1178        created in Section 26B-7-122.
1179    (17) Funds that the Department of Alcoholic Beverage Services retains in accordance with
1180        Subsection 32B-2-301(8)(a) or (b).
1181    (18) The General Assistance program administered by the Department of Workforce
1182        Services, as provided in Section 35A-3-401.
1183    (19) The Utah National Guard, created in Title 39A, National Guard and Militia Act.
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 H.B. 473  Enrolled Copy
1184     (20) The Search and Rescue Financial Assistance Program, as provided in Section
1185  53-2a-1102.
1186     (21) The Emergency Medical Services Grant Program, as provided in Section 53-2d-207.
1187     (22) The Motorcycle Rider Education Program, as provided in Section 53-3-905.
1188     (23) The Utah Board of Higher Education for teacher preparation programs, as provided in
1189  Section 53H-5-402.
1190     (24) Innovation grants under Section 53G-10-608, except as provided in Subsection
1191  53G-10-608(3).
1192     (25) The Division of Fleet Operations for the purpose of upgrading underground storage
1193  tanks under Section 63A-9-401.
1194     (26) The Division of Technology Services for technology innovation as provided under
1195  Section 63A-16-903.
1196     (27) The State Capitol Preservation Board created by Section 63O-2-201.
1197     (28) The Office of Administrative Rules for publishing, as provided in Section 63G-3-402.
1198     (29) The Colorado River Authority of Utah, created in [Title 63M, Chapter 14, Colorado
1199  River Authority of Utah Act] Title 73, Chapter 34, Colorado River Authority of Utah Act.
1200     (30) The Governor's Office of Economic Opportunity to fund the Enterprise Zone Act, as
1201  provided in Title 63N, Chapter 2, Part 2, Enterprise Zone Act.
1202     (31) The Governor's Office of Economic Opportunity's Rural Employment Expansion
1203  Program, as described in Title 63N, Chapter 4, Part 4, Rural Employment Expansion
1204  Program.
1205     (32) County correctional facility contracting program for state inmates as described in
1206  Section 64-13e-103.
1207     (33) County correctional facility reimbursement program for state probationary inmates and
1208  state parole inmates as described in Section 64-13e-104.
1209     (34) Programs for the Jordan River Recreation Area as described in Section 65A-2-8.
1210     (35) The Division of Human Resource Management user training program, as provided in
1211  Section 63A-17-106.
1212     (36) A public safety answering point's emergency telecommunications service fund, as
1213  provided in Section 69-2-301.
1214     (37) The Traffic Noise Abatement Program created in Section 72-6-112.
1215     (38) The money appropriated from the Navajo Water Rights Negotiation Account to the
1216  Division of Water Rights, created in Section 73-2-1.1, for purposes of participating in a
1217  settlement of federal reserved water right claims.
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 Enrolled Copy  H.B. 473
1218    (39) The Judicial Council for compensation for special prosecutors, as provided in Section
1219        77-10a-19.
1220    (40) A state rehabilitative employment program, as provided in Section 78A-6-210.
1221    (41) The Utah Geological Survey, as provided in Section 79-3-401.
1222    (42) The Bonneville Shoreline Trail Program created under Section 79-5-503.
1223    (43) Adoption document access as provided in Sections 81-13-103, 81-13-504, and
1224        81-13-505.
1225    (44) Indigent defense as provided in Title 78B, Chapter 22, Part 4, Utah Indigent Defense
1226        Commission.
1227    (45) The program established by the Division of Facilities Construction and Management
1228        under Section 63A-5b-703 under which state agencies receive an appropriation and pay
1229        lease payments for the use and occupancy of buildings owned by the Division of
1230        Facilities Construction and Management.
1231    (46) The State Tax Commission for reimbursing counties for deferrals in accordance with
1232        Section 59-2-1802.5.
1233    (47) The Veterinarian Education Loan Repayment Program created in Section 4-2-902.
1234  Section 5. Section 73-3-30 is amended to read:
1235  73-3-30 (Effective 07/01/26). Change application for an instream flow -- Change
1236    application for delivery to a reservoir.
1237    (1) As used in this section:
1238        (a) "Colorado River System" means the same as that term is defined in Sections 73-12a-2
1239  and 73-13-10.
1240        (b) "Division" means the Division of Wildlife Resources created in Section 23A-2-201,
1241  the Division of State Parks created in Section 79-4-201, or the Division of Forestry,
1242  Fire, and State Lands created in Section 65A-1-4.
1243        (c) "Person entitled to the use of water" means the same as that term is defined in
1244  Section 73-3-3.
1245        (d) "Sovereign lands" means the same as that term is defined in Section 65A-1-1.
1246        (e) "Wildlife" means species of animals, including mammals, birds, fish, reptiles,
1247  amphibians, mollusks, and crustaceans, that are protected or regulated by a statute,
1248  law, regulation, ordinance, or administrative rule.
1249    (2)(a) [Pursuant to] In accordance with Section 73-3-3, a division may file a permanent
1250        change application, a fixed time change application, or a temporary change
1251        application, or a person entitled to the use of water may file a fixed time change
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 H.B. 473  Enrolled Copy
1252  application or a temporary change application, to provide water within the state for:
1253  (i) an instream flow within a specified section of a natural or altered stream; or
1254  (ii) use on sovereign lands.
1255  (b) The state engineer may not approve a change application filed under this Subsection
1256  (2) unless the proposed instream flow or use on sovereign lands will contribute to:
1257  (i) the propagation or maintenance of wildlife;
1258  (ii) the management of state parks; or
1259  (iii) the reasonable preservation or enhancement of the natural aquatic environment.
1260  (c) A division may file a change application on:
1261  (i) a perfected water right:
1262  (A) presently owned by the division;
1263  (B) purchased by the division for the purpose of providing water for an instream
1264  flow or use on sovereign lands, through funding provided for that purpose by
1265  legislative appropriation; or
1266  (C) secured by lease, agreement, gift, exchange, or contribution; or
1267  (ii) an appurtenant water right acquired with the acquisition of real property by the
1268  division.
1269  (d) A division may:
1270  (i) purchase a water right for the purposes described in Subsection (2)(a) only with
1271  funds specifically appropriated by the Legislature for water rights purchases; or
1272  (ii) accept a donated water right without legislative approval.
1273  (e) A division may not acquire water rights by eminent domain for an instream flow, use
1274  on sovereign lands, or for any other purpose.
1275     (3)(a) A person entitled to the use of water shall obtain a division director's approval of
1276  the proposed change before filing a fixed time change application or a temporary
1277  change application with the state engineer.
1278  (b) By approving a proposed fixed time change application or temporary change
1279  application, a division director attests that the water that is the subject of the
1280  application can be used consistent with the statutory mandates of the director's
1281  division.
1282     (4)(a) [Pursuant to] In accordance with Section 73-3-3, a person entitled to the use of
1283  water may file a fixed time change application or a temporary change application for
1284  a project to deliver water to a reservoir located partially or entirely within the
1285  Colorado River System in the state in accordance with:
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1286  (i) Colorado River Drought Contingency Plan Authorization Act, Public Law 116-14;
1287  (ii) a water conservation program funded by the Bureau of Reclamation; or
1288  (iii) a water conservation program authorized by the state.
1289        (b) Before filing a change application under this Subsection (4), a person entitled to the
1290  use of water shall obtain the approval from the executive director of the Colorado
1291  River Authority of Utah, appointed under Section [63M-14-401] 73-34-401.
1292        (c) By approving a proposed fixed time change application or temporary change
1293  application, the executive director of the Colorado River Authority of Utah attests
1294  that the water that is the subject of the application can be used consistent with this
1295  section.
1296    (5) In addition to the requirements of Section 73-3-3, an application authorized by this
1297        section shall include:
1298        (a) a legal description of:
1299  (i) the segment of the natural or altered stream that will be the place of use for an
1300  instream flow;
1301  (ii) the location where the water will be used on sovereign lands; or
1302  (iii) the reservoir located partially or entirely within the Colorado River System in the
1303  state that the water will be delivered to; and
1304        (b) appropriate studies, reports, or other information required by the state engineer
1305  demonstrating:
1306  (i) the projected benefits to the public resulting from the change; and
1307  (ii) the necessity for the proposed instream flow or use on sovereign lands.
1308    (6) A person may not appropriate unappropriated water under Section 73-3-2 for the
1309        purpose of providing an instream flow or use on sovereign lands.
1310    (7) Water used in accordance with this section is considered to be beneficially used, as
1311        required by Section 73-3-1.
1312    (8) A physical structure or physical diversion from the stream is not required to implement
1313        a change under this section.
1314    (9) An approved change application described in this section does not create a right of
1315        access across private property or allow any infringement of a private property right.
1316  Section 6. Section 73-10-4 is amended to read:
1317  73-10-4 (Effective 07/01/26) (Partially Repealed 12/31/30). Powers and duties of
1318    board.
1319    (1) The board shall have the following powers and duties to:
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 H.B. 473  Enrolled Copy
1320        (a) authorize studies, investigations, and plans for the full development, use, and
1321  promotion of the water and power resources of the state, including preliminary
1322  surveys, stream gauging, examinations, tests, and other estimates either separately or
1323  in consultation with federal, state and other agencies;
1324        (b) enter into contracts subject to the provisions of this chapter for the construction or
1325  purchase of a project that in the opinion of the board will conserve and use for the
1326  best advantage of the people of this state the water and power resources of the state,
1327  including projects beyond the boundaries of the state of Utah located on interstate
1328  waters when the benefit of such projects accrues to the citizens of the state;
1329        (c) sue and be sued in accordance with applicable law;
1330        (d) enter into a contract that the Utah water agent, appointed under Section 73-10g-702,
1331  recommends for a water augmentation project under Section 73-10g-703;
1332        (e) cooperate with the Utah water agent, appointed under Section 73-10g-702, in matters
1333  affecting interstate compact negotiations and the administration of the compacts
1334  affecting the waters of interstate rivers, lakes and other sources of supply, with the
1335  exception of:
1336  (i) the waters of the Colorado River system that are governed by [Title 63M, Chapter
1337  14, Colorado River Authority of Utah Act] Title 73, Chapter 34, Colorado River
1338  Authority of Utah Act; or
1339  (ii) state representation under:
1340  (A) the Bear River Compact as provided in Section 73-16-4; or
1341  (B) the Columbia Interstate Compact as provided in Section 73-19-9;
1342        (f) contract with federal and other agencies and with the National Water Resources
1343  Association and to make studies, investigations and recommendations and do all
1344  other things on behalf of the state for any purpose that relates to the development,
1345  conservation, protection and control of the water and power resources of the state;
1346        (g) consult and advise with the Utah Water Users' Association and other organized water
1347  users' associations in the state;
1348        (h) consider and make recommendations on behalf of the state of reclamation projects or
1349  other water development projects for construction by any agency of the state or
1350  United States and in so doing recommend the order in which projects shall be
1351  undertaken; or
1352        (i) review, approve, and revoke an application to create a water bank under Chapter 31,
1353  Water Banking Act, collect an annual report, maintain the water banking website, and
                                                  - 40 -
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1354  conduct any other function related to a water bank as described in Chapter 31, Water
1355  Banking Act.
1356    (2) Nothing contained in this section shall be construed to impair or otherwise interfere
1357        with the authority of the state engineer granted by this title, except as specifically
1358        otherwise provided in this section.
1359  Section 7. Section 73-10-18 is amended to read:
1360  73-10-18 (Effective 07/01/26). Division of Water Resources -- Creation -- Power
1361    and authority.
1362    (1) There is created the Division of Water Resources, which shall be within the Department
1363        of Natural Resources under the administration and general supervision of the executive
1364        director of the Department of Natural Resources and under the policy direction of the
1365        Board of Water Resources.
1366    (2) Except for the waters of the Colorado River system that are governed by [Title 63M,
1367        Chapter 14, Colorado River Authority of Utah Act] Title 73, Chapter 34, Colorado River
1368        Authority of Utah Act, or state representation under the Bear River Compact or
1369        Columbia Interstate Compact, the Division of Water Resources shall:
1370        (a) be the water resource authority for the state; and
1371        (b) assume all of the functions, powers, duties, rights, and responsibilities of the Utah
1372  water and power board except those which are delegated to the board by this act and
1373  is vested with such other functions, powers, duties, rights and responsibilities as
1374  provided in this act and other law.
1375    (3) Notwithstanding Subsection (2), the Utah water agent, appointed under Section
1376        73-10g-702, has authority over out-of-state negotiations related to water importation in
1377        accordance with Chapter 10g, Part 7, Utah Water Agent, except when limited by Section
1378        73-10g-703.
1379  Section 8. Section 73-10-32 is amended to read:
1380  73-10-32 (Effective 07/01/26). Definitions -- Water conservation plan required.
1381    (1) As used in this section:
1382        (a) "Division" means the Division of Water Resources created under Section 73-10-18.
1383        (b) "Water conservancy district" means an entity formed under Title 17B, Chapter 2a,
1384  Part 10, Water Conservancy District Act.
1385        (c) "Water conservation plan" means a written document that contains existing and
1386  proposed water conservation measures describing what will be done by a water
1387  provider, and the end user of culinary water to help conserve water in the state in
                                                 - 41 -
 H.B. 473  Enrolled Copy
1388  terms of per capita use of water provided through culinary water infrastructure owned
1389  or operated by the water provider so that adequate supplies of water are available for
1390  future needs.
1391  (d) "Water provider" means:
1392  (i) a retail water supplier, as defined in Section 19-4-102; or
1393  (ii) a water conservancy district.
1394     (2)(a) A water conservation plan shall contain:
1395  (i)(A) a clearly stated overall water use reduction goal that is consistent with
1396  Subsection (2)(d); and
1397  (B) an implementation plan for each water conservation measure a water provider
1398  chooses to use, including a timeline for action and an evaluation process to
1399  measure progress;
1400  (ii) a requirement that a notification procedure be implemented that includes the
1401  delivery of the water conservation plan to the media and to the governing body of
1402  each municipality and county served by the water provider;
1403  (iii) a copy of the minutes of the meeting regarding a water conservation plan and the
1404  notification procedure required in Subsection (2)(a)(ii) that shall be added as an
1405  appendix to the water conservation plan; and
1406  (iv) for a retail water supplier, as defined in Section 19-4-102, the retail water
1407  supplier's rate structure that is:
1408  (A) adopted by the retail water supplier's governing body in accordance with
1409  Section 73-10-32.5; and
1410  (B) current as of the day the retail water supplier files a water conservation plan.
1411  (b) A water conservation plan may include information regarding:
1412  (i) the installation and use of water efficient fixtures and appliances, including toilets,
1413  shower fixtures, and faucets;
1414  (ii) residential and commercial landscapes and irrigation that require less water to
1415  maintain;
1416  (iii) more water efficient industrial and commercial processes involving the use of
1417  water;
1418  (iv) water reuse systems, both potable and not potable;
1419  (v) distribution system leak repair;
1420  (vi) dissemination of public information regarding more efficient use of water,
1421  including public education programs, customer water use audits, and water saving
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1422  demonstrations;
1423  (vii) water rate structures designed to encourage more efficient use of water;
1424  (viii) statutes, ordinances, codes, or regulations designed to encourage more efficient
1425  use of water by means such as water efficient fixtures and landscapes;
1426  (ix) incentives to implement water efficient techniques, including rebates to water
1427  users to encourage the implementation of more water efficient measures;
1428  (x) regional conservation planning and shared shortage agreements; and
1429  (xi) other measures designed to conserve water.
1430        (c) The division may be contacted for information and technical resources regarding
1431  measures listed in Subsection (2)(b).
1432        (d)(i) The division shall adopt by rule, made in accordance with Title 63G, Chapter 3,
1433  Utah Administrative Rulemaking Act, regional water conservation goals that:
1434  (A) are developed by the division;
1435  (B) take into consideration goals established in the Colorado River management
1436  plan adopted [pursuant to] in accordance with Section [63M-14-204] 73-34-204;
1437  (C) for areas in the Great Salt Lake watershed, take into consideration the Great
1438  Salt Lake, including the water budget associated with the integrated surface
1439  and ground water assessment described in Section 73-10g-402;
1440  (D) take into consideration how growth and regional conservation goals impact
1441  agriculture water use;
1442  (E) are reevaluated by December 31, 2030, and every 10 years after December 31,
1443  2030; and
1444  (F) define what constitutes "water being conserved" under a water conservation
1445  goal after considering factors such as depletion, diversion, use, consumption,
1446  or return flows.
1447  (ii) As part of a water conservation plan, a water provider shall adopt one of the
1448  following:
1449  (A) the regional water conservation goal applicable to the water provider;
1450  (B) a water conservation goal that would result in more water being conserved
1451  than would be conserved under the regional water conservation goal; or
1452  (C) a water conservation goal that would result in less water being conserved than
1453  would be conserved under the regional water conservation goal with a
1454  reasonable justification as to why the different water conservation goal is
1455  adopted and an explanation of the factors supporting the reasonable
                                               - 43 -
 H.B. 473  Enrolled Copy
1456  justification, such as demographics, geography, lot sizes, make up of water
1457  service classes, or availability of secondary water.
1458     (3)(a) A water provider shall:
1459  (i) prepare and adopt a water conservation plan; and
1460  (ii) file a copy of the water conservation plan with the division.
1461  (b)(i) Before adopting or amending a water conservation plan, a water provider shall
1462  hold a public hearing with reasonable, advance public notice in accordance with
1463  this Subsection (3)(b).
1464  (ii) The water provider shall provide public notice at least 14 days before the date of
1465  the public hearing.
1466  (iii) A water provider meets the requirements of reasonable notice required by this
1467  Subsection (3)(b) if the water provider posts notice of the public hearing:
1468  (A) for the service area of the water provider, as a class A notice under Section
1469  63G-30-102, for at least 14 days; and
1470  (B) if the water provider is a private entity and has a public website, on the water
1471  provider's public website.
1472  (iv) Proof that notice described in Subsection (3)(b)(iii) was given is prima facie
1473  evidence that notice was properly given.
1474  (v) If notice given under authority of this Subsection (3)(b) is not challenged within
1475  30 days from the date of the public hearing for which the notice was given, the
1476  notice is considered adequate and proper.
1477  (c) A water provider shall:
1478  (i) post the water provider's water conservation plan on a public website; or
1479  (ii) if the water provider does not have a public website, make the water provider's
1480  water conservation plan publicly available for inspection upon request.
1481     (4)(a) The division shall:
1482  (i) provide guidelines and technical resources to help water providers prepare and
1483  implement water conservation plans;
1484  (ii) assist water providers by identifying water conservation methods upon request;
1485  and
1486  (iii) provide an online submission form that allows for an electronic copy of the water
1487  conservation plan to be filed with the division under Subsection (3)(a)(ii).
1488  (b) The division shall post an annual report at the end of a calendar year listing water
1489  providers in compliance with this section.
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1490    (5) A water provider may only receive state funds for water development if the water
1491        provider complies with the requirements of this section.
1492    (6) A water provider specified under Subsection (3)(a) shall:
1493        (a) update the water provider's water conservation plan no less frequently than every five
1494  years; and
1495        (b) follow the procedures required under Subsection (3) when updating the water
1496  conservation plan.
1497    (7) It is the intent of the Legislature that the water conservation plans, amendments to
1498        existing water conservation plans, and the studies and report by the division be handled
1499        within the existing budgets of the respective entities or agencies.
1500  Section 9. Section 73-34-101, which is renumbered from Section 63M-14-102 is renumbered
1501    and amended to read:
1502  CHAPTER 34. Colorado River Authority of Utah Act
1503  Part 1. General Provisions
1504  [63M-14-102] 73-34-101 (Effective 07/01/26). Definitions.
1505       As used in this chapter:
1506    [(1) "Appointing authority" means an authority named in Section 63M-14-202 that appoints
1507        an authority member for a Colorado River authority area.]
1508    [(2)] (1) "Authority" means the Colorado River Authority of Utah created by Section [
1509        63M-14-201] 73-34-201.
1510    [(3)] (2) "Authority member" means a person appointed as a member of the authority under
1511        Section [63M-14-202] 73-34-202 or designated as a member of the authority.
1512    [(4)] (3) "Chair" means the chair of the authority.
1513    [(5)] (4) "Colorado River Basin States" means Arizona, California, Colorado, Nevada, New
1514        Mexico, Utah, and Wyoming.
1515    [(6)] (5) "Colorado River authority area" means the geographic area designated by
1516        Subsection [63M-14-202(2)] 73-34-202(2).
1517    [(7)] (6) "Colorado River system" means the entire drainage of the Colorado River in Utah
1518        including both the main stem of the Colorado River and the Colorado River's tributaries.
1519    (7) "Department" means the Department of Natural Resources.
1520    (8) "Law of the river" means the compacts, federal laws, treaties, court decisions and
1521        decrees, contracts, and regulatory guidelines that underlie and authorize the management
1522        and operation of the Colorado River.
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 H.B. 473  Enrolled Copy
1523     [(9) "Restricted account" means the Colorado River Authority Restricted Account created
1524  in Section 63M-14-501.]
1525     [(10)] (9) "River commissioner" means the person appointed under Section [63M-14-301]
1526  73-34-301.
1527  Section 10. Section 73-34-102, which is renumbered from Section 63M-14-103 is renumbered
1528     and amended to read:
1529  [63M-14-103] 73-34-102 (Effective 07/01/26). Scope of chapter.
1530     [(1)] This chapter may not be interpreted to override, supersede, or modify any water right
1531  within the state, or the role and authority of the state engineer.
1532     [(2) The Division of Water Resources shall coordinate with the authority and river
1533  commissioner in the implementation of this chapter.]
1534  Section 11. Section 73-34-103 is enacted to read:
1535  73-34-103 (Effective 07/01/26). Transition into the department.
1536     (1) A resolution of the authority in effect on June 30, 2026, remains in effect until changed
1537  by the authority under Section 73-34-209.
1538     (2) The authority within the department succeeds to a contract of the authority in effect on
1539  June 30, 2026.
1540  Section 12. Section 73-34-201, which is renumbered from Section 63M-14-201 is renumbered
1541     and amended to read:
1542  Part 2. Authority
1543  [63M-14-201] 73-34-201 (Effective 07/01/26). Authority created.
1544        There is created within the [governor's office] department the Colorado River Authority
1545     of Utah.
1546  Section 13. Section 73-34-202, which is renumbered from Section 63M-14-202 is renumbered
1547     and amended to read:
1548  [63M-14-202] 73-34-202 (Effective 07/01/26). Organization of the authority --
1549     Annual conflict of interest disclosure statement -- Penalties.
1550     (1) The authority is composed of [seven] 10 authority members:
1551  (a) the river commissioner, who is the chair of the authority;
1552  (b) five authority members who represent Colorado River authority areas;
1553  [(b) one authority member who represents the governor; and]
1554  (c) one authority member who represents tribal interests[.] ;
1555  (d) the director of the Division of Water Resources;
1556  (e) the executive director of the department, who shall serve as a nonvoting member; and
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 Enrolled Copy  H.B. 473
1557        (f) the state engineer, who shall serve as a nonvoting member.
1558    (2) The five Colorado River authority areas, defined by existing county boundaries that
1559        reflect the historic and current use of the Colorado River system, include:
1560        (a) the Central Utah Area composed of Salt Lake, Utah, Juab, Sanpete, Summit,
1561  Wasatch, Duchesne, and Uintah counties, located within the service area of the
1562  Central Utah Water Conservancy District;
1563        (b) the Uintah Basin Area composed of Duchesne and Uintah counties, notwithstanding
1564  that these counties fall within the Central Utah Area, and Daggett county;
1565        (c) the Price and San Rafael Area composed of Carbon and Emery counties;
1566        (d) the Virgin River Area composed of Kane and Washington counties; and
1567        (e) the Southeastern Area composed of Garfield, Grand, San Juan, and Wayne counties.
1568        [(e) the State of Utah Area that represents:]
1569  [(i) the remaining counties using the Colorado River system;]
1570  [(ii) the Department of Natural Resources and the Department of Natural Resources'
1571  divisions; and]
1572  [(iii) the users of the Colorado River system that are not specifically included in the
1573  other four Colorado River authority areas and include Garfield, Grand, San Juan,
1574  and Wayne counties.]
1575    (3) The voting members of the authority are:
1576        (a) [four ] the river commissioner;
1577        (b) five members appointed as follows:
1578  (i) for a term that expires June 30, 2027:
1579  [(i)] (A) a representative of the Central Utah Area appointed by the board of
1580  trustees of the Central Utah Water Conservancy District;
1581  [(ii)] (B) a representative of the Uintah Basin Area appointed jointly by the boards
1582  of trustees of the Duchesne County and Uintah Water Conservancy Districts;
1583  [(iii)] (C) a representative of the Price and San Rafael Area appointed jointly by
1584  the county commission of Carbon County and the board of trustees of the
1585  Emery Water Conservancy District;[ and]
1586  [(iv)] (D) a representative of the Virgin River Area appointed by the board of
1587  trustees of the Washington County Water Conservancy District; and
1588  (E) a representative of the Southeastern Area appointed jointly by the boards of
1589  trustees of the Grand County Water Conservancy District and the San Juan
1590  County Water Conservancy District; and
                                               - 47 -
 H.B. 473  Enrolled Copy
1591  (ii) in the case of a vacancy or for a term that begins on or after July 1, 2027, the
1592  following appointed by the governor with the advice and consent of the Senate in
1593  accordance with Title 63G, Chapter 24, Part 2, Vacancies:
1594  (A) a representative of the Central Utah Area appointed from three nominations
1595  submitted to the governor by the board of trustees of the Central Utah Water
1596  Conservancy District;
1597  (B) a representative of the Uintah Basin Area appointed from three nominations
1598  submitted to the governor jointly by the boards of trustees of the Duchesne
1599  County and Uintah Water Conservancy Districts;
1600  (C) a representative of the Price and San Rafael Area appointed from three
1601  nominations submitted to the governor jointly by the county commission of
1602  Carbon County and the board of trustees of the Emery Water Conservancy
1603  District;
1604  (D) a representative of the Virgin River Area appointed from three nominations
1605  submitted to the governor jointly by the board of trustees of the Washington
1606  County Water Conservancy District; and
1607  (E) a representative of the Southeastern Area appointed from three nominations
1608  submitted to the governor jointly by the boards of trustees of the Grand County
1609  Water Conservancy District and the San Juan County Water Conservancy
1610  District;
1611  [(b)] (c) the director of the Division of Water Resources[ as the representative of the
1612  State of Utah Area created in Subsection (2)(e)]; and
1613  [(c) the executive director of the Department of Natural Resources as the representative
1614  of the governor; and]
1615  (d) a representative of tribal interests who is:
1616  (i) appointed by the governor; and
1617  (ii) a member of a federally recognized Indian tribe if the tribe is, in whole or in part,
1618  located within the state and within the Colorado River system.
1619     (4)(a) A joint appointment required under Subsection [(3)] (3)(b)(i) requires the
1620  agreement of [both] all appointing authorities before the authority member seat is
1621  filled.
1622  (b) A joint nomination required under Subsection (3)(b)(ii) requires the agreement of all
1623  nominating authorities before the nomination process is complete.
1624     (5) An authority member who is appointed under Subsection (3) shall:
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 Enrolled Copy  H.B. 473
1625        (a) be a resident of the state; and
1626        (b) have experience and a general knowledge of:
1627  (i) Colorado River issues and the use of the Colorado River system in the member's
1628  respective Colorado River authority area;
1629  (ii) the development of the use of the waters of the Colorado River system; and
1630  (iii) the rights of this state concerning the resources and benefits of the Colorado
1631  River system.
1632    (6)[(a) An appointing authority shall notify the chair of:]
1633  [(i) the appointing authority's initial appointment to the authority; and]
1634  [(ii) the appointment of a new member or when a vacancy is being filled.]
1635        [(b) An appointment of an authority member is effective when received by the chair.]
1636        [(c)] (a) The initial term of an appointed authority member appointed under Subsection
1637  (3)(b)(i) expires June 30, 2027. Before June 30, 2027, the authority shall adopt a
1638  system to stagger the terms of appointed authority members beginning July 1, 2027,
1639  and notify [each appointing authority] the governor of the duration of the term of the [
1640  appointing authority's] appointed authority member. The staggering of terms after
1641  July 1, 2027, shall result in approximately [one-third] half of the appointed authority
1642  members' terms expiring every two years. After the respective terms of adjustment
1643  are complete, subsequent appointed authority members shall be appointed by[ an
1644  appointing authority for six-year ] the governor for four-year terms.
1645        [(d)] (b) An authority member term shall end on June 30. [New terms commence] A new
1646  term commences on July 1.
1647        [(e)] (c) An authority member whose term has expired shall serve until replaced or
1648  reappointed by the [applicable appointing authority] governor.
1649        [(f)] (d) [An appointing authority may at any time remove the appointing authority's
1650  authority member ] The governor may at any time remove an appointed authority
1651  member for neglect of duty or malfeasance in office.[ If the authority member is
1652  jointly appointed, the authority member may only be removed by joint agreement of
1653  both appointing authorities.]
1654    (7) In the event of a vacancy in an appointed member of the authority, the chair shall notify
1655        the [appointing authority] governor of the vacancy and ask that an authority member be
1656        promptly appointed.
1657    (8)(a) An authority member may not receive compensation or benefits for the authority
1658        member's service, but may receive per diem and travel expenses in accordance with:
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 H.B. 473  Enrolled Copy
1659  (i) Section 63A-3-106;
1660  (ii) Section 63A-3-107; and
1661  (iii) rules made by the [Department] Division of Finance [pursuant to] in accordance
1662  with Sections 63A-3-106 and 63A-3-107.
1663  (b) If an authority member is a full-time employee with either the state or a water
1664  conservancy district, the authority member is not eligible for the per diem
1665  compensation.
1666     (9) The executive director appointed under Section [63M-14-401] 73-34-401 shall provide
1667  staff services to the authority.
1668     (10) An authority member shall, no sooner than January 1 and no later than January 31 of
1669  each year during which the authority member holds office on the authority:
1670  (a) prepare a written conflict of interest disclosure statement that contains a response to
1671  each item of information described in Subsection 20A-11-1604(6); and
1672  (b) submit the written disclosure statement to the [administrator or clerk] executive
1673  director of the authority.
1674     (11)(a) No later than 10 business days after the date on which the authority member
1675  submits the written disclosure statement described in Subsection (10) to the [
1676  administrator or clerk] executive director of the authority, the [administrator or clerk]
1677  executive director of the authority shall:
1678  (i) post a copy of the written disclosure statement on the authority's website; and
1679  (ii) provide the lieutenant governor with a link to the electronic posting described in
1680  Subsection (11)(a)(i).
1681  (b) The [administrator or clerk] executive director of the authority shall ensure that the
1682  authority member's written disclosure statement remains posted on the authority's
1683  website until the authority member leaves office.
1684     (12) The [administrator or clerk] executive director of the authority shall take the action
1685  described in Subsection (13) if:
1686  (a) an authority member fails to timely file the written disclosure statement described in
1687  Subsection (10); or
1688  (b) a submitted written disclosure statement does not comply with the requirements of
1689  Subsection 20A-11-1604(6).
1690     (13) If a circumstance described in Subsection (12) occurs, the [administrator or clerk]
1691  executive director of the authority shall, within five days after the day on which the [
1692  administrator or clerk] executive director of the authority determines that a violation
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 Enrolled Copy  H.B. 473
1693        occurred, notify the authority member of the violation and direct the authority member
1694        to submit an amended written disclosure statement correcting the problem.
1695    (14)(a) It is unlawful for an authority member to fail to submit or amend a written
1696        disclosure statement within seven days after the day on which the authority member
1697        receives the notice described in Subsection (13).
1698        (b) An authority member who violates Subsection (14)(a) is guilty of a class B
1699  misdemeanor.
1700        (c) The [administrator or clerk] executive director of the authority shall report a violation
1701  of Subsection (14)(a) to the attorney general.
1702        (d) In addition to the criminal penalty described in Subsection (14)(b), the [administrator
1703  or clerk] executive director of the authority shall impose a civil fine of $100 against
1704  an authority member who violates Subsection (14)(a).
1705    [(15) The administrator or clerk of the authority shall deposit a fine collected under this
1706        section into the authority's account to pay for the costs of administering this section.]
1707  Section 14. Section 73-34-203, which is renumbered from Section 63M-14-203 is renumbered
1708    and amended to read:
1709  [63M-14-203] 73-34-203 (Effective 07/01/26). Authority operation --
1710    Consultation with tribes.
1711    (1) [An] A voting authority member has one vote on authority [matters] business.
1712    (2)(a) [Four ] Five voting members of the authority constitute a quorum to conduct
1713        authority business.
1714        (b) A vote of [four] five voting members is needed to pass authority business.
1715    (3)(a)(i) The river commissioner appointed by the governor before March 16, 2021,
1716        shall serve as the chair of the authority until June 30, 2027, if the river
1717        commissioner is a member of the authority.
1718  (ii) Beginning on July 1, 2027, the river commissioner shall be appointed under
1719  Section [63M-14-301] 73-34-301 and shall serve as chair of the authority for a
1720  term of [six] four years in accordance with [Section 63M-14-302] Sections
1721  73-34-301 and 73-34-302.
1722        (b) The authority may elect other officers such as vice chair, secretary, and treasurer.
1723        (c) The chair, vice chair, secretary, and treasurer are required to be authority members.
1724        (d) Other officers of the authority are not required to be authority members. The
1725  authority shall adopt, by resolution, job responsibilities and terms of offices for the
1726  officers appointed under this Subsection (3)(d).
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 H.B. 473  Enrolled Copy
1727  (e) [If ] Except for the river commissioner as chair, if an authority officer no longer
1728  serves as an officer of the authority, the authority shall fill the vacancy for the
1729  unexpired term of the officer who is no longer serving.
1730     (4)[(a) The Department of Natural Resources shall cooperate with the authority.]
1731  [(b)] At the request of the authority, the executive director of the [Department of Natural
1732  Resources] department shall:
1733  [(i)] (a) provide to the authority data or information collected by the [Department of
1734  Natural Resources] department; and
1735  [(ii)] (b) ensure that the [Department of Natural Resources present] department presents
1736  information to the authority.
1737     (5) The authority shall seek an appropriate government-to-government relationship on
1738  matters directly related to the authority's general powers and mission as set forth in
1739  Section [63M-14-204] 73-34-204 with all federally recognized Indian tribes located, in
1740  whole or in part, within the state and within the Colorado River system.
1741  Section 15. Section 73-34-204, which is renumbered from Section 63M-14-204 is renumbered
1742     and amended to read:
1743  [63M-14-204] 73-34-204 (Effective 07/01/26). Authority's general powers and
1744     mission -- Management plan -- Duties and powers.
1745     (1) The authority may advise, support, gather information, and provide input to the river
1746  commissioner and the Legislature.
1747     (2) The mission of the authority is to protect[, conserve, use, and develop Utah's waters of ]
1748  Utah's right to use waters from the Colorado River system.
1749     (3) The authority may develop a management plan to ensure that Utah can protect Utah's
1750  right to use and develop the Colorado River system and to work to ensure that Utah can
1751  live within the state's apportionment of the Colorado River system.
1752     (4) The authority may assist the Utah water agent, appointed under Section 73-10g-702, in
1753  pursuing the Utah water agent's functions and duties as related to the Colorado River.
1754     (5) The authority may coordinate with the Office of the Attorney General to prepare the
1755  state for potential litigation.
1756     (6) As the authority determines appropriate to further the mission of the authority or
1757  implement the management plan, the authority may:
1758  (a) take a necessary action to acquire a grant or other resource from the federal
1759  government, other government agency, or private entity, including providing
1760  matching money;
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1761        (b) award a grant of money from authority money;
1762        (c) enter into a lease agreement for a water right or water share;
1763        (d) enter into a contract generally;
1764        (e) contract with the federal government or other government agency;
1765        (f) sue and be sued; and
1766        (g) provide funding for the development of infrastructure and improvements on or
1767  related to the Colorado River.
1768  Section 16. Section 73-34-205, which is renumbered from Section 63M-14-205 is renumbered
1769    and amended to read:
1770  [63M-14-205] 73-34-205 (Effective 07/01/26). Records.
1771    (1) [The records ] The authority shall maintain a record of the authority and the river
1772        commissioner[ shall be maintained by the authority].
1773    (2) The authority may classify a record in accordance with Title 63G, Chapter 2,
1774        Government Records Access and Management Act, including a record described in
1775        Subsection 63G-2-305(81).
1776  Section 17. Section 73-34-206, which is renumbered from Section 63M-14-207 is renumbered
1777    and amended to read:
1778  [63M-14-207] 73-34-206 (Effective 07/01/26). Reports.
1779    (1) The authority shall prepare an annual report of the authority's and river commissioner's
1780        activities and submit the report to the following:
1781        (a) the governor; and
1782        (b) the Legislative Management Committee.
1783    (2) The authority shall respond to and participate in [meetings] a meeting as requested by a
1784        legislative committee or by the governor.
1785  Section 18. Section 73-34-207, which is renumbered from Section 63M-14-208 is renumbered
1786    and amended to read:
1787  [63M-14-208] 73-34-207 (Effective 07/01/26). Authority meetings.
1788       The authority shall comply with Title 52, Chapter 4, Open and Public Meetings Act, in
1789    holding meetings.
1790  Section 19. Section 73-34-208, which is renumbered from Section 63M-14-209 is renumbered
1791    and amended to read:
1792  [63M-14-209] 73-34-208 (Effective 07/01/26). Advisory councils authorized --
1793    Consultations.
1794    (1)(a) The authority may create authorized advisory councils of interested persons for
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1795  consultations with the authority.
1796  (b) The authority shall by resolution adopt policies governing authorized:
1797  (i) [authorized ]advisory councils;
1798  (ii) [authorized ]advisory council members;
1799  (iii) [authorized ]advisory council leadership; and
1800  (iv) [authorized ]topic areas of interest for each authorized advisory council that
1801  directly relate to the mission and objectives of the authority.
1802  (c) The authority may consult with an authorized advisory [councils] council and
1803  consider data, information, and input from [these] the authorized advisory [councils]
1804  council relevant to the mission and objectives of the authority.
1805     (2) The authority may consult with a relevant watershed [councils] council created under
1806  Title 73, Chapter 10g, Part 3, Watershed Councils Act.
1807  Section 20. Section 73-34-209, which is renumbered from Section 63M-14-210 is renumbered
1808     and amended to read:
1809  [63M-14-210] 73-34-209 (Effective 07/01/26). Application of state laws.
1810     (1)(a) The authority is not an executive branch procurement unit under Title 63G,
1811  Chapter 6a, Utah Procurement Code, and is not subject to that chapter.
1812  (b) The authority shall by resolution adopt a procurement procedure substantially similar
1813  to Title 63G, Chapter 6a, Utah Procurement Code, or a procurement code adopted by
1814  an [appointing authority] authority named in Subsection 73-34-202(3)(b)(i) that
1815  nominates an authority member for a Colorado River authority area.
1816  (c) The authority may contract with an [appointing authority] authority named in
1817  Subsection 73-34-202(3)(b)(i) that nominates an authority member for a Colorado
1818  River authority area that has a local procurement procedure to deal with procurement
1819  in a manner consistent with the resolution adopted under Subsection (1)(b).
1820     (2)(a) The authority shall comply with Title 63A, Chapter 17, Utah State Personnel
1821  Management Act, except as provided in this Subsection (2).
1822  (b)(i) The authority may approve, upon recommendation of the chair, that exemption
1823  for specific positions under Subsections 63A-17-301(1) and 63A-17-307(2) is
1824  required to enable the authority to efficiently fulfill the authority's responsibilities
1825  under the law.
1826  (ii) The chair shall consult with the executive director of the Division of Human
1827  Resource Management before making a recommendation under Subsection
1828  (2)(b)(i).
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1829  (iii) The position of executive director is exempt under Subsections 63A-17-301(1)
1830  and 63A-17-307(2).
1831        (c)(i) The executive director shall set salaries for exempted positions, except for the
1832  executive director, after consultation with the executive director of the
1833  Department of Human Resource Management, within ranges approved by the
1834  authority. The [chair] executive director of the department shall set the salary of
1835  the executive director.
1836  (ii) The authority and executive director shall consider salaries for similar positions
1837  in private enterprise and other public employment when setting salary ranges.
1838    (3) In adopting a policy under this chapter, the authority:
1839        (a) is not required to comply with Title 63G, Chapter 3, Utah Administrative
1840  Rulemaking Act; and
1841        (b) shall adopt the policy by resolution of the authority.
1842  Section 21. Section 73-34-301, which is renumbered from Section 63M-14-301 is renumbered
1843    and amended to read:
1844  Part 3. River Commissioner
1845  [63M-14-301] 73-34-301 (Effective 07/01/26). Appointment of river
1846    commissioner.
1847    (1)(a) If the governor appoints the river commissioner before March 16, 2021, that
1848        appointment expires on June 30, 2027.
1849        (b) If the river commissioner appointed by the governor under Subsection (1)(a) is also
1850  appointed as a member of the authority, the river commissioner shall serve as the
1851  chair of the authority for a term expiring June 30, 2027.
1852        (c) After June 30, 2027, the [authority shall elect a chair, who shall also serve, subject to
1853  the approval of the governor, as the river commissioner] governor shall appoint the
1854  river commissioner with the advice and consent of the Senate.
1855        (d) If after June 30, 2027, the governor appoints as the river commissioner an individual
1856  who is a member of the authority appointed under Subsection 73-34-202(1)(b) or (c),
1857  the individual is no longer a member of the authority under Subsection
1858  73-34-202(1)(b) or (c) but is a member of the authority as the chair of the authority.
1859  The governor shall replace the vacancy created by appointment of the river
1860  commissioner under this Subsection (1) in accordance with Subsection 73-34-202(7).
1861        (e) An individual may not hold one of the following positions and be the river
1862  commissioner at the same time:
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1863  (i) the director of the Division of Water Resources;
1864  (ii) the executive director of the department; or
1865  (iii) the state engineer.
1866     (2) The term of a river commissioner runs concurrently with the term [of the] as chair as
1867  provided in Sections [63M-14-203 and 63M-14-302] 73-34-203 and 73-34-302.
1868     (3) If the river commissioner no longer serves as river commissioner, the [authority]
1869  governor shall fill the vacancy in accordance with [Section 63M-14-203] this section and
1870  Section 73-34-203.
1871     (4) Notwithstanding Title 67, Chapter 16, Utah Public Officers' and Employees' Ethics Act,
1872  and except as provided in Subsection (1)(e), a river commissioner may hold another
1873  government position at the same time as being a river commissioner without creating a
1874  conflict of interest.
1875  Section 22. Section 73-34-302, which is renumbered from Section 63M-14-302 is renumbered
1876     and amended to read:
1877  [63M-14-302] 73-34-302 (Effective 07/01/26). Term -- Removal of river
1878     commissioner.
1879     (1) [The ] After the appointment under Subsection 73-34-301(1)(a) expires, the term of the
1880  river commissioner is [six] four years.
1881     (2) The authority, with the consent of the governor, may remove the river commissioner if
1882  the authority finds that the river commissioner has engaged in neglect of duty or
1883  malfeasance in office. If the river commissioner is removed under this Subsection (2),
1884  the removed river commissioner may not serve as chair of the authority or as a member
1885  of the authority.
1886  Section 23. Section 73-34-303, which is renumbered from Section 63M-14-304 is renumbered
1887     and amended to read:
1888  [63M-14-304] 73-34-303 (Effective 07/01/26). Duties and powers.
1889     (1) Before legal action on behalf of the state or the users of the waters of the Colorado
1890  River system may be taken under this chapter, the river commissioner shall request that
1891  the governor and attorney general take legal action on behalf of the state and the users of
1892  the waters of the Colorado River system[ to assure, conserve, protect, and preserve
1893  Utah's allocation of the waters of the Colorado River system as authorized by the law of
1894  the river].
1895     (2) Except as provided in Section [63M-14-402] 73-34-402, the attorney general shall
1896  represent the river commissioner and the authority, including the authority's members
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1897        and officers, in all matters related to the Colorado River. At the request of the authority
1898        or the river commissioner, the attorney general may institute or join legal actions against
1899        any party to enforce or defend the state's rights in matters related to the Colorado River.
1900    (3) The river commissioner shall act for the state and the Utah Colorado River users in
1901        consultations or negotiations with:
1902        (a) the Upper Colorado River Commission;
1903        (b) the states in the Colorado River Compact; and
1904        (c) the government of the United States.
1905    (4) The river commissioner may make and enter into a compact between Utah and
1906        Colorado River Basin States, either jointly or severally. A compact that defines the
1907        rights of the states or of the United States in the waters of the Colorado River system is
1908        not binding on Utah until ratified and approved by:
1909        (a) the Utah State Legislature by joint resolution;
1910        (b) the governor of this state; and
1911        (c) the appropriate federal agency when the federal agency's approval is required.
1912    (5) The river commissioner within the limits of the river commissioner's authority shall:
1913        (a) represent and act for the state in consultation with other states, the United States,
1914  foreign countries, and private persons, and negotiate and enter into agreements
1915  between the state and those entities, jointly or severally;
1916        (b) represent and act for the state as a member of an interstate or international
1917  commission or other body as may be established relating to the Colorado River
1918  system in transactions with Colorado River Basin States, the federal government, or a
1919  foreign country; and
1920        (c) report to the governor the measures or legislative actions that the river commissioner
1921  considers necessary to carry out the provisions of any law relating to the powers and
1922  duties of the authority.
1923    (6) The river commissioner shall perform the duties imposed by this chapter and perform
1924        all other things the river commissioner considers necessary or expedient to carry out the
1925        purposes of this chapter.
1926  Section 24. Section 73-34-304, which is renumbered from Section 63M-14-305 is renumbered
1927    and amended to read:
1928  [63M-14-305] 73-34-304 (Effective 07/01/26). Authority consultation with river
1929    commissioner.
1930    (1) The river commissioner shall consult with the authority in exercising the powers and
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1931  performing the duties of the river commissioner enumerated in this chapter.
1932     (2) The river commissioner shall report and make recommendations to the authority at the
1933  request of the authority or when the river commissioner considers [it ]proper.
1934     (3) The purpose of consulting with and reporting to the authority is to safeguard and protect
1935  the rights and interests of Utah, Utah's agencies, and Utah's citizens in respect of the
1936  waters of the Colorado River system.
1937  Section 25. Section 73-34-305, which is renumbered from Section 63M-14-306 is renumbered
1938     and amended to read:
1939  [63M-14-306] 73-34-305 (Effective 07/01/26). Investigative powers -- Storage of
1940     data relating to the use of the Colorado River system.
1941     (1) The river commissioner may investigate past, present, and potential uses of the water of
1942  the Colorado River system within and without the state.
1943     (2) The river commissioner shall investigate, coordinate, collate, and preserve information,
1944  facts, and data bearing upon the claims of states and of public or private agencies within
1945  and without the state to and in respect of the water and the use of water of the Colorado
1946  River system.
1947  Section 26. Section 73-34-401, which is renumbered from Section 63M-14-401 is renumbered
1948     and amended to read:
1949  Part 4. Employees of Authority
1950  [63M-14-401] 73-34-401 (Effective 07/01/26). Executive director.
1951     (1) The [chair] executive director of the department may hire an executive director.
1952     (2) The executive director or the executive director's designee:
1953  (a) is responsible for the administering and carrying out the policies of the authority;
1954  (b) shall direct and supervise the technical and administrative activities of the authority;
1955  (c) [subject to the supervision of the chair, ]is responsible for the conduct of the
1956  administrative function of the river commissioner and the authority; and
1957  (d) shall perform any lawful act necessary to carry out the duties of the authority.
1958     (3) The executive director shall, within the limits of available funding, employ the
1959  employees necessary to carry out the functions and duties of the executive director. The
1960  employees have the duties prescribed by the executive director.
1961  Section 27. Section 73-34-402, which is renumbered from Section 63M-14-402 is renumbered
1962     and amended to read:
1963  [63M-14-402] 73-34-402 (Effective 07/01/26). Consultants or other professionals.
1964        To advise the authority on matters relating to the authority, the executive director may:
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1965    (1) employ one or more consultants or other professionals; and
1966    (2) employ or retain legal counsel, with the consent of the attorney general, to advise the
1967        authority or river commissioner on matters relating to the authority's or river
1968        commissioner's operations.
1969  Section 28. Section 73-34-501, which is renumbered from Section 63M-14-502 is renumbered
1970    and amended to read:
1971  Part 5. Financial Operations
1972  [63M-14-502] 73-34-501 (Effective 07/01/26). Budgeting process.
1973    (1) Within the legislative appropriations and in-kind goods and services received by the
1974        authority, the authority shall prepare an annual budget of revenues and expenditures for
1975        the authority for each fiscal year.
1976    (2) The authority may not make expenditures in excess of the total expenditures established
1977        in the annual budget as the budget is adopted or amended.
1978  Section 29. Section 79-2-201 is amended to read:
1979  79-2-201 (Effective 07/01/26) (Partially Repealed 07/01/29). Department of
1980    Natural Resources created.
1981    (1) There is created the Department of Natural Resources.
1982    (2) The department comprises the following:
1983        (a) Board of Water Resources, created in Section 73-10-1.5;
1984        (b) Board of Oil, Gas, and Mining, created in Section 40-6-4;
1985        (c) Office of Energy Development, created in Section 79-6-401;
1986        (d) Wildlife Board, created in Section 23A-2-301;
1987        (e) Board of the Utah Geological Survey, created in Section 79-3-301;
1988        (f) Water Development Coordinating Council, created in Section 73-10c-3;
1989        (g) Division of Water Rights, created in Section 73-2-1.1;
1990        (h) Division of Water Resources, created in Section 73-10-18;
1991        (i) Division of Forestry, Fire, and State Lands, created in Section 65A-1-4;
1992        (j) Division of Oil, Gas, and Mining, created in Section 40-6-15;
1993        (k) Division of State Parks, created in Section 79-4-201;
1994        (l) Division of Outdoor Recreation, created in Section 79-7-201;
1995        (m) Division of Wildlife Resources, created in Section 23A-2-201;
1996        (n) Utah Geological Survey, created in Section 79-3-201;
1997        (o) Utah Outdoor Recreation Infrastructure Advisory Committee, created in Section
1998  79-7-206;
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1999  (p)(i) an advisory council that includes in the advisory council's duties advising on
2000  state boating policy, authorized by Section 73-18-3.5; or
2001  (ii) an advisory council that includes in the advisory council's duties advising on
2002  off-highway vehicle use, authorized by Section 41-22-10;
2003  (q) Wildlife Board Nominating Committee, created in Section 23A-2-302;
2004  (r) Wildlife Regional Advisory Councils, created in Section 23A-2-303;
2005  (s) Utah Watersheds Council, created in Section 73-10g-304;
2006  (t) Public Lands Policy Coordinating Office created in Section 63L-11-201;[ and]
2007  (u) the Great Salt Lake commissioner, appointed under Section 73-32-201, and the
2008  Office of the Great Salt Lake Commissioner, created in Section 73-32-301[.] ; and
2009  (v) the Colorado River Authority and river commissioner under Title 73, Chapter 34,
2010  Colorado River Authority of Utah Act.
2011  Section 30. Repealer.
2012  This bill repeals:
2013  Section 63M-14-101, Title.
2014  Section 63M-14-303, Compensation.
2015  Section 63M-14-501, Colorado River Authority Restricted Account.
2016  Section 31. FY 2027 Appropriations.
2017  The following sums of money are appropriated for the fiscal year beginning July 1,
2018     2026, and ending June 30, 2027. These are additions to amounts previously appropriated for
2019     fiscal year 2027.
2020  Subsection 31(a). Operating and Capital Budgets
2021  Under the terms and conditions of Title 63J, Chapter 1, Budgetary Procedures Act, the
2022     Legislature appropriates the following sums of money from the funds or accounts indicated for
2023     the use and support of the government of the state of Utah.
2024     ITEM 1      To Department of Natural Resources - Colorado River Authority of Utah
2025  From General Fund  1,638,500
2026  Schedule of Programs:
2027  Colorado River Authority of Utah  1,638,500
2028  Subsection 31(b). Restricted Fund and Account Transfers
2029  The Legislature authorizes the State Division of Finance to transfer the following
2030     amounts between the following funds or accounts as indicated. Expenditures and outlays from
2031     the funds to which the money is transferred must be authorized by an appropriation.
2032     ITEM 2      To General Fund Restricted - Colorado River Authority Restricted Account
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2033  From General Fund  (1,638,500)
2034  Schedule of Programs:
2035  Colorado River Authority Restricted Account  (1,638,500)
2036  The Legislature intends that the Division of
2037  Finance transfer any balances remaining in the Colorado
2038  River Authority Restricted Account after fiscal year 2026
2039  closeout to the Department of Natural Resources -
2040  Colorado River Authority of Utah line item.
2041  Section 32. Effective Date.
2042    This bill takes effect on July 1, 2026.
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