73-31-302. Contract water bank application.

320 words·~1 min read·/ut/title-73/chapter-31/73-31-302

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

Effective 5/12/2020

(1)A public entity may seek to have a contract for water use approved as a contract water bank under this chapter by submitting an application to the board that meets the following criteria:

(a)the name of the contract water bank;

(b)the mailing address for the contract water bank;

(c)the proposed service area map for the contract water bank;

(d)a description of how the contract water bank's governing body will be structured and operate;

(e)a description for how water delivery requests and loaned water rights are to be administered;

(f)criteria for the participation, if any, of non-public entities;

(g)includes a copy of the contract, provided that a public entity may redact any information that is private, controlled, protected, or otherwise restricted under Title 63G, Chapter 2, Government Records Access and Management Act ;

(h)information regarding how the public can learn when the submittal of an application or contract that is the basis of the contract water bank is on the agenda of a public meeting of the public entity under Title 52, Chapter 4, Open and Public Meetings Act ;

(i)whether the contract water bank will accept deposits of surface water rights or groundwater rights, provided that a contract water bank may not accept deposits of both surface water rights and groundwater rights; and

(j)the process the contract water bank will follow if the contract water bank terminates, dissolves, or the board revokes the contract water bank's approval to operate pursuant to this chapter, including how the contract water bank will return banked water rights to depositors and how the contract water bank will return any amounts owing to depositors.

(2)The board may prepare a form or online application for an applicant to use in submitting an application to the board under this part.

Enacted by Chapter 342 , 2020 General Session