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2021 Utah Code
Title 73 - Water and Irrigation
Chapter 10g - Water Infrastructure and Long-term Planning
Part 3 - Watershed Councils Act
Section 304 - Utah Watersheds Council -- Creation and governance.
Universal Citation: UT Code § 73-10g-304 (2021)
Effective 5/12/2020
73-10g-304. Utah Watersheds Council -- Creation and governance.
Enacted by Chapter 309, 2020 General Session
73-10g-304. Utah Watersheds Council -- Creation and governance.
- (1) Within the Department of Natural Resources, there is created the "Utah Watersheds Council" consisting of the following members who are residents of the state:
- (a) the executive director of the Department of Natural Resources;
- (b) the executive director of the Department of Environmental Quality;
- (c) the commissioner of the Department of Agriculture and Food;
- (d) the director of the Utah Division of Indian Affairs;
- (e) the Utah State University Extension vice president;
- (f) the director of the Division of Emergency Management within the Department of Public Safety;
- (g) a representative designated by the Utah Association of Counties;
- (h) a representative designated by the Utah League of Cities and Towns;
- (i) a representative designated by the Utah Association of Special Districts;
- (j) a representative of reclamation projects located in the state selected by the governor from a list of three persons nominated jointly by the local sponsors of reclamation projects located in the state and the executive director of the Department of Natural Resources;
- (k) a representative of agricultural interests selected by the governor from a list of three persons nominated jointly by the commissioner of the Department of Agriculture and Food, the president of the Utah Farm Bureau, and the Utah State University Extension vice president;
- (l) a representative of environmental conservation interests selected by the governor from a list of three persons nominated jointly by the executive directors of the Department of Environmental Quality and Department of Natural Resources;
- (m) a representative of business and industry water interests selected by the governor from a list of three individuals nominated jointly by the Utah Manufacturers Association, Utah Mining Association, and Utah Petroleum Association; and
- (n) the designated individual selected by a local watershed council certified under Section 73-10g-306.
- (2)
- (a) The division is directed, by no later than July 1, 2020, to organize a meeting of the individuals identified in Subsections (1)(a) through (m), in which those individuals shall:
- (i) organize the state council as provided in this part;
- (ii) select a chair and at least one vice-chair from among the members of the state council to have powers and duties provided in the organizing documents adopted by the state council; and
- (iii) adopt policies to govern the state council's activities, including policies for the creation of subcommittees that may be less than a quorum of the state council and may include persons of suitable expertise who are not state council members.
- (b) The state council shall make the organizing documents and policies created under Subsection (2)(a) available:
- (i) to the public;
- (ii) at each meeting of the state council; and
- (iii) on a public website maintained by the division for council business.
- (a) The division is directed, by no later than July 1, 2020, to organize a meeting of the individuals identified in Subsections (1)(a) through (m), in which those individuals shall:
- (3) The state council may invite federal agencies to name representatives as liaisons to the state council.
- (4) The state council shall stagger the initial terms of the state council members listed in Subsections (1)(g) through (m), after which members will be replaced according to policies adopted by the state council.
- (5) After the state council's initial organization, the state council may hold regular and special meetings at such locations within the state and on a schedule as the state council determines, provided that the state council shall meet at least semi-annually.
- (6) A majority of the members of the state council constitutes a quorum.
- (7) The action of the majority of the council constitutes the action of the state council.
- (8)
- (a) The state council policies may allow that a properly authorized representative of a voting member of the state council may act in the place of that voting member if the voting member is absent or unable to act.
- (b) The state council shall enter in the record of a meeting proper documentation of a representative's authority to act on behalf of the voting member under this Subsection (8).
- (c) Authorization to act on behalf of a voting member may be given for more than one meeting.
- (d) Authorization to act on behalf of a voting member shall comply with the policies adopted by the state council.
- (9)
- (a) The division shall staff the state council.
- (b) The division may make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to facilitate the creation and operation of the state council.
Enacted by Chapter 309, 2020 General Session
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