73-35-202. Organization of the authority -- Annual conflict of interest disclosure statement -- Penalties.

1,406 words·~6 min read·/ut/title-73/chapter-35/73-35-202

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

Effective 7/1/2026

(1)The authority is composed of 10 authority members:

(a)the river commissioner, who is the chair of the authority;

(b)five authority members who represent Colorado River authority areas;

(c)one authority member who represents tribal interests;

(d)the director of the Division of Water Resources;

(e)the executive director of the department, who shall serve as a nonvoting member; and

(f)the state engineer, who shall serve as a nonvoting member.

(2)The five Colorado River authority areas, defined by existing county boundaries that reflect the historic and current use of the Colorado River system, include:

(a)the Central Utah Area composed of Salt Lake, Utah, Juab, Sanpete, Summit, Wasatch, Duchesne, and Uintah counties, located within the service area of the Central Utah Water Conservancy District;

(b)the Uintah Basin Area composed of Duchesne and Uintah counties, notwithstanding that these counties fall within the Central Utah Area, and Daggett county;

(c)the Price and San Rafael Area composed of Carbon and Emery counties;

(d)the Virgin River Area composed of Kane and Washington counties; and

(e)the Southeastern Area composed of Garfield, Grand, San Juan, and Wayne counties.

(3)The voting members of the authority are:

(a)the river commissioner;

(b)five members appointed as follows:

(i)for a term that expires June 30, 2027:

(A)a representative of the Central Utah Area appointed by the board of trustees of the Central Utah Water Conservancy District;

(B)a representative of the Uintah Basin Area appointed jointly by the boards of trustees of the Duchesne County and Uintah Water Conservancy Districts;

(C)a representative of the Price and San Rafael Area appointed jointly by the county commission of Carbon County and the board of trustees of the Emery Water Conservancy District;

(D)a representative of the Virgin River Area appointed by the board of trustees of the Washington County Water Conservancy District; and

(E)a representative of the Southeastern Area appointed jointly by the boards of trustees of the Grand County Water Conservancy District and the San Juan County Water Conservancy District; and

(ii)in the case of a vacancy or for a term that begins on or after July 1, 2027, the following appointed by the governor with the advice and consent of the Senate in accordance with Title 63G, Chapter 24, Part 2, Vacancies:

(A)a representative of the Central Utah Area appointed from three nominations submitted to the governor by the board of trustees of the Central Utah Water Conservancy District;

(B)a representative of the Uintah Basin Area appointed from three nominations submitted to the governor jointly by the boards of trustees of the Duchesne County and Uintah Water Conservancy Districts;

(C)a representative of the Price and San Rafael Area appointed from three nominations submitted to the governor jointly by the county commission of Carbon County and the board of trustees of the Emery Water Conservancy District;

(D)a representative of the Virgin River Area appointed from three nominations submitted to the governor jointly by the board of trustees of the Washington County Water Conservancy District; and

(E)a representative of the Southeastern Area appointed from three nominations submitted to the governor jointly by the boards of trustees of the Grand County Water Conservancy District and the San Juan County Water Conservancy District;

(c)the director of the Division of Water Resources; and

(d)a representative of tribal interests who is:

(i)appointed by the governor; and

(ii)a member of a federally recognized Indian tribe if the tribe is, in whole or in part, located within the state and within the Colorado River system.

(a)A joint appointment required under Subsection (3)(b)(i) requires the agreement of all appointing authorities before the authority member seat is filled.

(b)A joint nomination required under Subsection (3)(b)(ii) requires the agreement of all nominating authorities before the nomination process is complete.

(5)An authority member who is appointed under Subsection

(3)shall:

(a)be a resident of the state; and

(b)have experience and a general knowledge of:

(i)Colorado River issues and the use of the Colorado River system in the member's respective Colorado River authority area;

(ii)the development of the use of the waters of the Colorado River system; and

(iii)the rights of this state concerning the resources and benefits of the Colorado River system.

(a)The initial term of an appointed authority member appointed under Subsection (3)(b)(i) expires June 30, 2027. Before June 30, 2027, the authority shall adopt a system to stagger the terms of appointed authority members beginning July 1, 2027, and notify the governor of the duration of the term of the appointed authority member. The staggering of terms after July 1, 2027, shall result in approximately half of the appointed authority members' terms expiring every two years. After the respective terms of adjustment are complete, subsequent appointed authority members shall be appointed by the governor for four-year terms.

(b)An authority member term shall end on June 30. A new term commences on July 1.

(c)An authority member whose term has expired shall serve until replaced or reappointed by the governor.

(d)The governor may at any time remove an appointed authority member for neglect of duty or malfeasance in office.

(7)In the event of a vacancy in an appointed member of the authority, the chair shall notify the governor of the vacancy and ask that an authority member be promptly appointed.

(a)An authority member may not receive compensation or benefits for the authority member's service, but may receive per diem and travel expenses in accordance with:

(i)Section 63A-3-106 ;

(ii)Section 63A-3-107 ; and

(iii)rules made by the Division of Finance in accordance with Sections 63A-3-106 and 63A-3-107 .

(b)If an authority member is a full-time employee with either the state or a water conservancy district, the authority member is not eligible for the per diem compensation.

(9)The executive director appointed under Section 73-35-401 shall provide staff services to the authority.

(10)An authority member shall, no sooner than January 1 and no later than January 31 of each year during which the authority member holds office on the authority:

(a)prepare a written conflict of interest disclosure statement that contains a response to each item of information described in Subsection 20A-11-1604(6) ; and

(b)submit the written disclosure statement to the executive director of the authority.

(a)No later than 10 business days after the date on which the authority member submits the written disclosure statement described in Subsection

(10)to the executive director of the authority, the executive director of the authority shall:

(i)post a copy of the written disclosure statement on the authority's website; and

(ii)provide the lieutenant governor with a link to the electronic posting described in Subsection (11)(a)(i) .

(b)The executive director of the authority shall ensure that the authority member's written disclosure statement remains posted on the authority's website until the authority member leaves office.

(12)The executive director of the authority shall take the action described in Subsection

(13)if:

(a)an authority member fails to timely file the written disclosure statement described in Subsection

(10); or

(b)a submitted written disclosure statement does not comply with the requirements of Subsection 20A-11-1604(6) .

(13)If a circumstance described in Subsection

(12)occurs, the executive director of the authority shall, within five days after the day on which the executive director of the authority determines that a violation occurred, notify the authority member of the violation and direct the authority member to submit an amended written disclosure statement correcting the problem.

(a)It is unlawful for an authority member to fail to submit or amend a written disclosure statement within seven days after the day on which the authority member receives the notice described in Subsection

(13).

(b)An authority member who violates Subsection (14)(a) is guilty of a class B misdemeanor.

(c)The executive director of the authority shall report a violation of Subsection (14)(a) to the attorney general.

(d)In addition to the criminal penalty described in Subsection (14)(b) , the executive director of the authority shall impose a civil fine of $100 against an authority member who violates Subsection (14)(a) .

Renumbered and Amended by Chapter 370 , 2026 General Session