73-10g-703. Powers and duties of water agent.

554 words·~3 min read·/ut/title-73/chapter-10g/73-10g-703

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 5/6/2026

(a)In consultation with the speaker of the House of Representatives, president of the Senate, and governor, the water agent shall explore and negotiate with officials of other states, tribes, and other government entities regarding possible water augmentation projects, including:

(i)for the citizens of Utah, representing the state concerning waters of out-of-state rivers, lakes, and other sources of supply of waters except when representation is otherwise provided in statute;

(ii)identifying potential out-of-state water resources, including land or a facility necessary for the use of the water resources;

(iii)working with the council and division to match the water resources described in Subsection (1)(a)(ii) to needs identified by the council or division;

(iv)establishing a strategy to designate what out-of-state water resources to pursue and how to execute that strategy;

(v)negotiating directly with out-of-state partners to execute the strategy described in Subsection (1)(a)(iv) ;

(vi)represent the state in interstate conferences between the state and one or more sister states held for the purpose of entering into compacts between such states for the division of the waters of interstate rivers, lakes, or other sources of water supply, and to represent the state upon commissions or other governing bodies provided for by compacts that have been or may be entered into between the state and one or more sister states, except that a compact is not binding on the state until the compact is ratified and approved by the Legislature and the legislatures of other states that are parties to the compact;

(vii)recommending to the Legislature and to the council actions that may assist in the development of, strategies for, and execution of water augmentation projects; and

(viii)annually, by no later than October 1, reporting findings and recommendations to:

(A)the governor;

(B)the president of the Senate;

(C)the speaker of the House of Representatives;

(D)the Legislative Water Development Commission created in Section 73-27-102 ;

(E)the Natural Resources, Agriculture, and Environment Interim Committee; and

(F)the Board of Water Resources created in Section 73-10-1.5 .

(b)The water agent may recommend to the Board of Water Resources, created in Section 73-10-1.5 , a water augmentation project that the water agent negotiates under this section, if the water augmentation project is in the best interest of the people of this state and the state's water resources.

(2)The water agent shall consult and work with the council, state entities, the Colorado River Authority of Utah, and other bodies established by the state for interstate water negotiations.

(3)Subject to Title 63G, Chapter 2 , Government Records Access and Management Act, upon request of the water agent, a state or local entity shall provide to the water agent a document, report, or information available within the state or local entity.

(4)The water agent may negotiate with tribes in accordance with this section.

(5)This chapter may not be interpreted to override, substitute, or modify a water right within the state or the role and authority of the state engineer.

(6)In implementing this part, the water agent shall at least monthly coordinate with and receive input from the relevant divisions within the Department of Natural Resources regarding the water agent's activities.

Amended by Chapter 492 , 2026 General Session