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73-10-32 Definitions -- Water conservation plan required.

2026 GENERAL SESSION STATE OF UTAH Chief Sponsor: Hoang Nguyen Senate Sponsor: Scott D. Sandall

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LONG TITLE

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General Description:

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This bill addresses commitments of water by water providers.

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Highlighted Provisions:

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This bill:

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▸permits a commitment of available water to uses on the Great Salt Lake to be included in

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a water conservation plan; and

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▸makes technical and conforming changes.

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Money Appropriated in this Bill:

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None

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Other Special Clauses:

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None

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Utah Code Sections Affected:

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AMENDS:

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73-10-32 , as last amended by Laws of Utah 2023, Chapters 238, 435

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Section 1. Section 73-10-32 is amended to read:
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73-10-32. Definitions -- Water conservation plan required.
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(1) As used in this section:
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(a) "Division" means the Division of Water Resources created under Section 73-10-18 .
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(b) "Water conservancy district" means an entity formed under Title 17B, Chapter 2a,
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Part 10, Water Conservancy District Act .
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(c) "Water conservation plan" means a written document that contains existing and
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proposed water conservation measures describing what will be done by a water
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provider, and the end user of culinary water to help conserve water in the state in
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terms of per capita use of water provided through culinary water infrastructure owned
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or operated by the water provider so that adequate supplies of water are available for
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future needs.
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(d) "Water provider" means:
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(i) a retail water supplier, as defined in Section 19-4-102 ; or
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(ii) a water conservancy district.
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(2) (a) A water conservation plan shall contain:
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(i) (A) a clearly stated overall water use reduction goal that is consistent with
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Subsection (2)(d) ; and
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(B) an implementation plan for each water conservation measure a water provider
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chooses to use, including a timeline for action and an evaluation process to
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measure progress;
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(ii) a requirement that a notification procedure be implemented that includes the
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delivery of the water conservation plan to the media and to the governing body of
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each municipality and county served by the water provider;
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(iii) a copy of the minutes of the meeting regarding a water conservation plan and the
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notification procedure required in Subsection (2)(a)(ii) that shall be added as an
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appendix to the water conservation plan; and
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(iv) for a retail water supplier, as defined in Section 19-4-102 , the retail water
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supplier's rate structure that is:
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(A) adopted by the retail water supplier's governing body in accordance with
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Section 73-10-32.5 ; and
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(B) current as of the day the retail water supplier files a water conservation plan.
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(b) A water conservation plan may include information regarding:
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(i) the installation and use of water efficient fixtures and appliances, including toilets,
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shower fixtures, and faucets;
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(ii) residential and commercial landscapes and irrigation that require less water to
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maintain;
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(iii) more water efficient industrial and commercial processes involving the use of
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water;
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(iv) water reuse systems, both potable and not potable;
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(v) distribution system leak repair;
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(vi) dissemination of public information regarding more efficient use of water,
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including public education programs, customer water use audits, and water saving
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demonstrations;
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(vii) water rate structures designed to encourage more efficient use of water;
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(viii) statutes, ordinances, codes, or regulations designed to encourage more efficient
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use of water by means such as water efficient fixtures and landscapes;
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(ix) incentives to implement water efficient techniques, including rebates to water
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users to encourage the implementation of more water efficient measures;
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(x) regional conservation planning and shared shortage agreements; and
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(xi) the commitment of available water to uses on the Great Salt Lake; and
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(xi) (xii) other measures designed to conserve water.
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(c) The division may be contacted for information and technical resources regarding
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measures listed in Subsection (2)(b) .
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(d) (i) The division shall adopt by rule, made in accordance with Title 63G, Chapter 3,
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Utah Administrative Rulemaking Act , regional water conservation goals that:
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(A) are developed by the division;
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(B) take into consideration goals established in the Colorado River management
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plan adopted pursuant to in accordance with Section 63M-14-204 ;
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(C) for areas in the Great Salt Lake watershed, take into consideration the Great
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Salt Lake, including the water budget associated with the integrated surface
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and ground water assessment described in Section 73-10g-402 ;
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(D) take into consideration how growth and regional conservation goals impact
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agriculture water use;
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(E) are reevaluated by December 31, 2030, and every 10 years after December 31,
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2030; and
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(F) define what constitutes "water being conserved" under a water conservation
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goal after considering factors such as depletion, diversion, use, consumption,
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or return flows.
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(ii) As part of a water conservation plan, a water provider shall adopt one of the
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following:
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(A) the regional water conservation goal applicable to the water provider;
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(B) a water conservation goal that would result in more water being conserved
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than would be conserved under the regional water conservation goal; or
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(C) a water conservation goal that would result in less water being conserved than
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would be conserved under the regional water conservation goal with a
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reasonable justification as to why the different water conservation goal is
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adopted and an explanation of the factors supporting the reasonable
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justification, such as demographics, geography, lot sizes, make up of water
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service classes, or availability of secondary water.
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(3) (a) A water provider shall:
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(i) prepare and adopt a water conservation plan; and
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(ii) file a copy of the water conservation plan with the division.
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(b) (i) Before adopting or amending a water conservation plan, a water provider shall
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hold a public hearing with reasonable, advance public notice in accordance with
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this Subsection (3)(b) .
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(ii) The water provider shall provide public notice at least 14 days before the date of
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the public hearing.
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(iii) A water provider meets the requirements of reasonable notice required by this
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Subsection (3)(b) if the water provider posts notice of the public hearing:
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(A) for the service area of the water provider, as a class A notice under Section
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63G-30-102 , for at least 14 days; and
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(B) if the water provider is a private entity and has a public website, on the water
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provider's public website.
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(iv) Proof that notice described in Subsection (3)(b)(iii) was given is prima facie
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evidence that notice was properly given.
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(v) If notice given under authority of this Subsection (3)(b) is not challenged within
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30 days from the date of the public hearing for which the notice was given, the
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notice is considered adequate and proper.
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(c) A water provider shall:
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(i) post the water provider's water conservation plan on a public website; or
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(ii) if the water provider does not have a public website, make the water provider's
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water conservation plan publicly available for inspection upon request.
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(4) (a) The division shall:
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(i) provide guidelines and technical resources to help water providers prepare and
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implement water conservation plans;
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(ii) assist water providers by identifying water conservation methods upon request;
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and
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(iii) provide an online submission form that allows for an electronic copy of the water
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conservation plan to be filed with the division under Subsection (3)(a)(ii) .
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(b) The division shall post an annual report at the end of a calendar year listing water
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providers in compliance with this section.
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(5) A water provider may only receive state funds for water development if the water
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provider complies with the requirements of this section.
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(6) A water provider specified under Subsection (3)(a) shall:
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(a) update the water provider's water conservation plan no less frequently than every five
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years; and
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(b) follow the procedures required under Subsection (3) when updating the water
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conservation plan.
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(7) It is the intent of the Legislature that the water conservation plans, amendments to
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existing water conservation plans, and the studies and report by the division be handled
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within the existing budgets of the respective entities or agencies.

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Section 2. Effective Date.

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This bill takes effect on May 6, 2026 .

DMU Timestamp: February 10, 2026 00:42





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