73-3d-201. Declaration of a temporary water shortage emergency by the governor.

707 words·~3 min read·/ut/title-73/chapter-3d/73-3d-201

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

Effective 5/1/2024

(a)Subject to the requirements of this section, the governor may declare a temporary water shortage emergency by issuing an executive order if, on the governor's own initiative or at the request of a person entitled to make a request, the governor determines that an existing or imminent short-term interruption of water delivery in this state caused by manmade or natural causes other than drought:

(i)threatens:

(A)the availability or quality of an essential water supply or water supply infrastructure; or

(B)the operation of the economy; and

(ii)because of the threats described in Subsection (1)(a)(i), jeopardizes the peace, health, safety, or welfare of the people of this state.

(b)The governor may only issue the executive order declaring a temporary water shortage emergency described in Subsection (1)(a):

(i)with the advice and recommendation of the state engineer; and

(ii)in consultation with the emergency management administration council created by Section 53-2a-105 .

(c)An executive order issued under this Subsection

(1)shall state with specificity:

(i)the nature of the interruption of water supply;

(ii)subject to Subsection (2), the time period for which the temporary water shortage emergency is declared;

(iii)a description of the geographic area that is subject to the executive order;

(iv)a list of the specific persons entitled to make a request who may exercise the preferential use of water under Section 73-3d-301 during the effective period of the temporary water shortage emergency; and

(v)the purposes outlined in Subsection 73-3d-301

(1)for which a person who is described in Subsection (1)(c)(iv) may take the water subject to Section 73-3d-301 .

(d)Subject to the provisions of Title 13, Chapter 41, Price Controls During Emergencies Act, an executive order issued under this Subsection

(1)may not control the distribution or sale price of local food.

(e)Before providing a recommendation to the governor under Subsection (1)(b)(i), the state engineer shall require a person entitled to make a request who is described in Subsection (1)(c)(iv) to provide a written statement describing how the person entitled to make a request has exhausted other reasonable means to acquire water.

(f)A person entitled to make a request who is described in Subsection (1)(c)(iv) may take water preferentially during a temporary water shortage emergency only for a purpose authorized by the executive order.

(i)Within seven calendar days of the day on which the governor issues an executive order declaring a temporary water shortage emergency, the Legislative Management Committee shall:

(A)review the executive order;

(B)advise the governor on the declaration of a temporary water shortage emergency; and

(C)recommend to the Legislature whether the executive order should be kept as issued by the governor, extended, or terminated.

(ii)The failure of the Legislative Management Committee to meet as required by Subsection (1)(g)(i) does not affect the validity of the executive order declaring a temporary water shortage emergency.

(a)The governor shall state in an executive order declaring a temporary water shortage emergency the time period for which the temporary water shortage emergency is declared, except that the governor may not declare a temporary water shortage emergency for longer than 30 days after the date the executive order is issued.

(b)The governor may terminate an executive order declaring a temporary water shortage emergency before the expiration of the time period stated in the executive order.

(c)An executive order declaring a temporary water emergency issued by the governor within 30 days of the expiration or termination of a prior executive order for the same emergency is considered an extension subject to Subsection (2)(e).

(d)The Legislature may extend the time period of an executive order declaring a temporary water shortage emergency by joint resolution, except that the Legislature may not extend a temporary water shortage emergency for longer than one year from the day on which the executive order declaring a temporary water shortage emergency is issued.

(e)An executive order declaring a temporary water shortage emergency may be renewed or extended only by joint resolution of the Legislature.

Amended by Chapter 152 , 2024 General Session

Amended by Chapter 506 , 2024 General Session