§ 73-33-201 — Great Salt Lake distribution management plan.

(1) The state engineer shall regulate the measurement, appropriation, apportionment, and distribution of water within the Great Salt Lake meander line by adopting a distribution management plan by no later than October 1, 2025, that establishes:
(1)(a) consistent with Section 73-33-203, requirements for the measurement, quantification, and reporting of diversions, depletions, and return flows associated with Great Salt Lake water rights; and
(1)(b) procedures for the apportionment and distribution of Great Salt Lake water rights.
(2) (2)(a) In developing a distribution management plan under this section, the state engineer may consider:
(2)(a)(i) the hydrology of the Great Salt Lake watershed as it affects Great Salt Lake water rights;
(2)(a)(ii) the physical characteristics of the Great Salt Lake;
(2)(a)(iii) the Great Salt Lake elevation;
(2)(a)(iv) the Great Salt Lake salinity;
(2)(a)(v) the strategic plan prepared by the Great Salt Lake commissioner and approved by the governor under Section 73-32-204;
(2)(a)(vi) the measurement, appropriation, apportionment, and distribution of Great Salt Lake water rights;
(2)(a)(vii) the quantity of water approved for beneficial use within the Great Salt Lake meander line by a division as defined in Section 73-3-30;
(2)(a)(viii) the quantity of water within the Great Salt Lake;
(2)(a)(ix) the Great Salt Lake Comprehensive Management Plan;
(2)(a)(x) the different types of beneficial uses of Great Salt Lake water rights; and
(2)(a)(xi) other relevant factors such as the economic viability impacts.
(2)(b) The state engineer shall base the distribution management plan on the principles of prior appropriation and multiple use sustained yield, with multiple use defined in Section 65A-1-1, as the principles relate to the reasonable preservation or enhancement of the Great Salt Lake's natural aquatic environment.
(2)(c) The state engineer shall use the best available information to administer Great Salt Lake water rights to achieve the objectives of the distribution management plan.
(2)(d) As hydrologic conditions change or additional information becomes available, the state engineer may revise the distribution management plan by following the procedures of Subsection (3).
(3) (3)(a) To adopt or amend a distribution management plan for the Great Salt Lake, the state engineer shall:
(3)(a)(i) give notice pursuant to Subsection (3)(b) at least 30 days before the first public meeting held in accordance with Subsection (3)(a)(ii):
(3)(a)(i)(A) that the state engineer proposes to adopt or amend a distribution management plan; and
(3)(a)(i)(B) stating the location, date, and time of each public meeting to be held in accordance with Subsection (3)(a)(ii);
(3)(a)(ii) hold one or more public meetings to:
(3)(a)(ii)(A) present data, studies, or reports that the state engineer intends to consider in preparing the distribution management plan;
(3)(a)(ii)(B) address items that may be included in the distribution management plan; and
(3)(a)(ii)(C) receive public comments and other information presented at the public meeting;
(3)(a)(iii) receive and consider written comments concerning the proposed distribution management plan from any person for a period determined by the state engineer of not less than 60 days after the day on which the notice required by Subsection (3)(a)(i) is given;
(3)(a)(iv) at least 60 days before final adoption of the distribution management plan, publish notice:
(3)(a)(iv)(A) that a draft of the distribution management plan has been proposed; and
(3)(a)(iv)(B) specifying where a copy of the draft distribution management plan may be reviewed;
(3)(a)(v) promptly provide a copy of the draft distribution management plan in printed or electronic form to each person listed in Subsection (3)(b)(iii) that requests a copy in writing; and
(3)(a)(vi) provide notice of the adoption of the distribution management plan.
(3)(b) The state engineer shall ensure that a notice required by this section:
(3)(b)(i) is published:
(3)(b)(i)(A) once a week for two consecutive weeks in a newspaper of general circulation in each county that includes any land below the Great Salt Lake meander line; and
(3)(b)(i)(B) for two weeks in accordance with Section 45-1-101;
(3)(b)(ii) is published conspicuously on the state engineer's website; and
(3)(b)(iii) is mailed to water right owners of record in the state engineer's office of Great Salt Lake water rights.
(3)(c) A notice required by this section is effective upon substantial compliance with Subsection (3)(b).
(3)(d) A distribution management plan takes effect on the date notice of adoption is completed under Subsection (3)(b) or on a later date when specified in the distribution management plan.
(4) (4)(a) In accordance with the distribution management plan, the state engineer shall establish a priority schedule that apportions Great Salt Lake water rights based on relative priority among Great Salt Lake water rights and:
(4)(a)(i) develop an apportionment schedule and distribution accounting tool that accounts for:
(4)(a)(i)(A) Great Salt Lake elevations;
(4)(a)(i)(B) Great Salt Lake salinity;
(4)(a)(i)(C) Great Salt Lake water rights;
(4)(a)(i)(D) the quantity of water in the Great Salt Lake; and
(4)(a)(i)(E) the quantity of water delivered to or in the Great Salt Lake under water rights approved for beneficial use by a division as defined in Section 73-3-30;
(4)(a)(ii) prohibit Great Salt Lake water rights from diverting the quantity of water accounted for under Subsection (4)(a)(i)(E); and
(4)(a)(iii) require physical measurement and annual reporting of diversion, depletion, and return flow quantities of Great Salt Lake water rights.
(4)(b) Under a distribution management plan the state engineer may reduce the quantity of water that an owner of a Great Salt Lake water right may divert from the Great Salt Lake in accordance with the principles of prior appropriation.
(5) (5)(a) When adopting a distribution management plan, the state engineer may allow water users to participate in a voluntary arrangement that compensates or otherwise mitigates for the use of Great Salt Lake water rights.
(5)(b) The participants in a voluntary arrangement under this Subsection (5) shall implement the voluntary arrangement consistent with other law.
(5)(c) The adoption of a voluntary arrangement under this Subsection (5) by less than all of the owners of Great Salt Lake water rights does not affect the rights of those owners of Great Salt Lake water rights who do not agree to the voluntary arrangement.
(6) The existence of a distribution management plan does not preclude an otherwise eligible person from filing an application or challenging a decision made by the state engineer within the Great Salt Lake meander line, except that a person may challenge the components of a distribution management plan only in a manner provided in Section 73-33-202.
(7) A distribution management plan adopted or amended in accordance with this section is exempt from Title 63G, Chapter 3, Utah Administrative Rulemaking Act.

Legislative History

Enacted by Chapter 25, 2024 General Session