Title 73 - Water and Irrigation - Chapter 31 - Water Banking Act - Part 6 - Board Reports - Section 601 - Reports.


Published: 2020-05-12

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

Utah Code

Page 1

Effective 5/12/2020 73-31-601 Reports. (1) In accordance with Section 68-3-14, the board shall report annually by no later than the

November interim meeting of the Natural Resources, Agriculture, and Environment Interim Committee regarding the implementation of this chapter.

(2) The board shall submit a written report to the Natural Resources, Agriculture, and Environment Interim Committee by October 31, 2029, recommending whether the Legislature should take one or more of the following actions:

(a) remove or extend the repeal date in Section 63I-1-273; (b) amend the chapter, a provision in the chapter, or a provision in the Utah Code; or (c) take no action and allow the chapter to repeal under Section 63I-1-273.

(3) At a minimum, the written report described under Subsection (2) shall include the following: (a) a summary of the implementation of the chapter; (b) a statement describing and justifying the recommendation; and (c) a description of the positive and negative aspects of the recommendation.

(4) Before the board's submission of the written report described in Subsection (2), the Department of Natural Resources shall prepare and submit a draft report to the board for the board's review, provided that the executive director of the Department of Natural Resources may consult with another state agency or person that the executive director considers necessary to prepare the draft report.

(5) (a) Upon receipt of the draft report described in Subsection (4), the board shall review the draft

report and solicit public comment on the draft report by: (i) requesting written comments; and (ii) holding no less than one public hearing at which:

(A) the Department of Natural Resources shall explain and justify the draft report's recommendation; and

(B) an interested person may comment on or speak for or against the draft report's recommendations.

(b) The board shall give notice of the opportunities to provide public comment under this Subsection (5) by:

(i) mailing notice to the address of record for each water bank; (ii) publishing notice in a newspaper of general circulation in the state; and (iii) publishing notice as required in Section 45-1-101.

(c) The board may give separate notices for any public hearings the board may hold pursuant to Subsection 73-31-601(5)(a)(ii).

(d) The notice described in Subsection (5)(b) shall state: (i) that the board is soliciting public comment on the draft report and shall hold a public hearing

on a certain day, time, and place fixed in the notice, which shall not be less than 30 days after the day the first notice is published, for the purpose of hearing comments regarding the draft report;

(ii) that the board shall accept written comments on the draft report for a period of no less than 30 days after the day the first notice is published, and include instructions for how the public may submit comments; and

(iii) how the public may obtain a copy of the draft report. (6) The board shall consider timely public comments submitted under this section, and may require

the Department of Natural Resources to make revisions the board considers necessary before approving and submitting the final written report required in Subsection (2).

Utah Code

Page 2

Enacted by Chapter 342, 2020 General Session