§ 63M-14-202 — Organization of the authority -- Annual conflict of interest disclosure statement -- Penalties.

(1) The authority is composed of seven authority members:
(1)(a) five authority members who represent Colorado River authority areas;
(1)(b) one authority member who represents the governor; and
(1)(c) one authority member who represents tribal interests.
(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:
(2)(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;
(2)(b) the Uintah Basin Area composed of Duchesne and Uintah counties, notwithstanding that these counties fall within the Central Utah Area, and Daggett county;
(2)(c) the Price and San Rafael Area composed of Carbon and Emery counties;
(2)(d) the Virgin River Area composed of Kane and Washington counties; and
(2)(e) the State of Utah Area that represents:
(2)(e)(i) the remaining counties using the Colorado River system;
(2)(e)(ii) the Department of Natural Resources and the Department of Natural Resources' divisions; and
(2)(e)(iii) the users of the Colorado River system that are not specifically included in the other four Colorado River authority areas and include Garfield, Grand, San Juan, and Wayne counties.
(3) The members of the authority are:
(3)(a) four members appointed as follows:
(3)(a)(i) a representative of the Central Utah Area appointed by the board of trustees of the Central Utah Water Conservancy District;
(3)(a)(ii) a representative of the Uintah Basin Area appointed jointly by the boards of trustees of the Duchesne County and Uintah Water Conservancy Districts;
(3)(a)(iii) 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; and
(3)(a)(iv) a representative of the Virgin River Area appointed by the board of trustees of the Washington County Water Conservancy District;
(3)(b) the director of the Division of Water Resources as the representative of the State of Utah Area created in Subsection (2)(e);
(3)(c) the executive director of the Department of Natural Resources as the representative of the governor; and
(3)(d) a representative of tribal interests who is:
(3)(d)(i) appointed by the governor; and
(3)(d)(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.
(4) A joint appointment required under Subsection (3) requires the agreement of both appointing authorities before the authority member seat is filled.
(5) An authority member who is appointed under Subsection (3) shall:
(5)(a) be a resident of the state; and
(5)(b) have experience and a general knowledge of:
(5)(b)(i) Colorado River issues and the use of the Colorado River system in the member's respective Colorado River authority area;
(5)(b)(ii) the development of the use of the waters of the Colorado River system; and
(5)(b)(iii) the rights of this state concerning the resources and benefits of the Colorado River system.
(6) (6)(a) An appointing authority shall notify the chair of:
(6)(a)(i) the appointing authority's initial appointment to the authority; and
(6)(a)(ii) the appointment of a new member or when a vacancy is being filled.
(6)(b) An appointment of an authority member is effective when received by the chair.
(6)(c) The initial term of an appointed authority member 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 each appointing authority of the duration of the term of the appointing authority's authority member. The staggering of terms after July 1, 2027, shall result in approximately one-third of the appointed authority members' terms expiring every two years. After the respective terms of adjustment are complete, subsequent authority members shall be appointed by an appointing authority for six-year terms.
(6)(d) An authority member term shall end on June 30. New terms commence on July 1.
(6)(e) An authority member whose term has expired shall serve until replaced or reappointed by the applicable appointing authority.
(6)(f) An appointing authority may at any time remove the appointing authority's authority member for neglect of duty or malfeasance in office. If the authority member is jointly appointed, the authority member may only be removed by joint agreement of both appointing authorities.
(7) In the event of a vacancy in the authority, the chair shall notify the appointing authority of the vacancy and ask that an authority member be promptly appointed.
(8) (8)(a) An authority member may not receive compensation or benefits for the member's service, but may receive per diem and travel expenses in accordance with:
(8)(a)(i) Section 63A-3-106;
(8)(a)(ii) Section 63A-3-107; and
(8)(a)(iii) rules made by the Department of Finance pursuant to Sections 63A-3-106 and 63A-3-107.
(8)(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 63M-14-401 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:
(10)(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
(10)(b) submit the written disclosure statement to the administrator or clerk of the authority.
(11) (11)(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 administrator or clerk of the authority, the administrator or clerk shall:
(11)(a)(i) post a copy of the written disclosure statement on the authority's website; and
(11)(a)(ii) provide the lieutenant governor with a link to the electronic posting described in Subsection (11)(a)(i).
(11)(b) The administrator or clerk 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 administrator or clerk of the authority shall take the action described in Subsection (13) if:
(12)(a) an authority member fails to timely file the written disclosure statement described in Subsection (10); or
(12)(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 administrator or clerk of the authority shall, within five days after the day on which the administrator or clerk 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.
(14) (14)(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).
(14)(b) An authority member who violates Subsection (14)(a) is guilty of a class B misdemeanor.
(14)(c) The administrator or clerk of the authority shall report a violation of Subsection (14)(a) to the attorney general.
(14)(d) In addition to the criminal penalty described in Subsection (14)(b), the administrator or clerk of the authority shall impose a civil fine of $100 against an authority member who violates Subsection (14)(a).
(15) The administrator or clerk of the authority shall deposit a fine collected under this section into the authority's account to pay for the costs of administering this section.

Legislative History

Amended by Chapter 443, 2024 General Session