River Commissioner

Utah Code tit. 73, ch. 73-35, pt. 73-35-P3

in effect

Utah Code § 73-35-301 Appointment of river commissioner.

73-35-301. Appointment of river commissioner. (1) (a) If the governor appoints the river commissioner before March 16, 2021, that appointment expires on June 30, 2027. (b) If the river commissioner appointed by the governor under Subsection (1)(a) is also appointed as a member of the authority, the river commissioner shall serve as the chair of the authority for a term expiring June 30, 2027. (c) After June 30, 2027, the governor shall appoint the river commissioner with the advice and consent of the Senate. (d) If after June 30, 2027, the governor appoints as the river commissioner an individual who is a member of the authority appointed under Subsection 73-35-202(1)(b) or (c), the individual is no longer a member of the authority under Subsection 73-35-202(1)(b) or (c) but is a member of the authority as the chair of the authority. The governor shall replace the vacancy created by appointment of the river commissioner under this Subsection (1) in accordance with Subsection 73-35-202(7). (e) An individual may not hold one of the following positions and be the river commissioner at the same time: (i) the director of the Division of Water Resources; (ii) the executive director of the department; or (iii) the state engineer. (2) The term of a river commissioner runs concurrently with the term as chair as provided in Sections 73-35-203 and 73-35-302. (3) If the river commissioner no longer serves as river commissioner, the governor shall fill the vacancy in accordance with this section and Section 73-35-203. (4) Notwithstanding Title 67, Chapter 16, Utah Public Officers' and Employees' Ethics Act, and except as provided in Subsection (1)(e), a river commissioner may hold another government position at the same time as being a river commissioner without creating a conflict of interest. Renumbered and Amended by Chapter 370, 2026 General Session

Utah Code § 73-35-302 Term -- Removal of river commissioner.

73-35-302. Term -- Removal of river commissioner. (1) After the appointment under Subsection 73-35-301(1)(a) expires, the term of the river commissioner is four years. (2) The authority, with the consent of the governor, may remove the river commissioner if the authority finds that the river commissioner has engaged in neglect of duty or malfeasance in office. If the river commissioner is removed under this Subsection (2), the removed river commissioner may not serve as chair of the authority or as a member of the authority. Renumbered and Amended by Chapter 370, 2026 General Session

Utah Code § 73-35-303 Duties and powers.

73-35-303. Duties and powers. (1) Before legal action on behalf of the state or the users of the waters of the Colorado River system may be taken under this chapter, the river commissioner shall request that the governor and attorney general take legal action on behalf of the state and the users of the waters of the Colorado River system. (2) Except as provided in Section 73-35-402, the attorney general shall represent the river commissioner and the authority, including the authority's members and officers, in all matters related to the Colorado River. At the request of the authority or the river commissioner, the attorney general may institute or join legal actions against any party to enforce or defend the state's rights in matters related to the Colorado River. (3) The river commissioner shall act for the state and the Utah Colorado River users in consultations or negotiations with: (a) the Upper Colorado River Commission; (b) the states in the Colorado River Compact; and (c) the government of the United States. (4) The river commissioner may make and enter into a compact between Utah and Colorado River Basin States, either jointly or severally. A compact that defines the rights of the states or of the United States in the waters of the Colorado River system is not binding on Utah until ratified and approved by: (a) the Utah State Legislature by joint resolution; (b) the governor of this state; and (c) the appropriate federal agency when the federal agency's approval is required. (5) The river commissioner within the limits of the river commissioner's authority shall: (a) represent and act for the state in consultation with other states, the United States, foreign countries, and private persons, and negotiate and enter into agreements between the state and those entities, jointly or severally; (b) represent and act for the state as a member of an interstate or international commission or other body as may be established relating to the Colorado River system in transactions with Colorado River Basin States, the federal government, or a foreign country; and (c) report to the governor the measures or legislative actions that the river commissioner considers necessary to carry out the provisions of any law relating to the powers and duties of the authority. (6) The river commissioner shall perform the duties imposed by this chapter and perform all other things the river commissioner considers necessary or expedient to carry out the purposes of this chapter. Renumbered and Amended by Chapter 370, 2026 General Session

Utah Code § 73-35-304 Authority consultation with river commissioner.

73-35-304. Authority consultation with river commissioner. (1) The river commissioner shall consult with the authority in exercising the powers and performing the duties of the river commissioner enumerated in this chapter. (2) The river commissioner shall report and make recommendations to the authority at the request of the authority or when the river commissioner considers proper. (3) The purpose of consulting with and reporting to the authority is to safeguard and protect the rights and interests of Utah, Utah's agencies, and Utah's citizens in respect of the waters of the Colorado River system. Renumbered and Amended by Chapter 370, 2026 General Session

Utah Code § 73-35-305 Investigative powers -- Storage of data relating to the use of the Colorado River system.

73-35-305. Investigative powers -- Storage of data relating to the use of the Colorado River system. (1) The river commissioner may investigate past, present, and potential uses of the water of the Colorado River system within and without the state. (2) The river commissioner shall investigate, coordinate, collate, and preserve information, facts, and data bearing upon the claims of states and of public or private agencies within and without the state to and in respect of the water and the use of water of the Colorado River system. Renumbered and Amended by Chapter 370, 2026 General Session

Source: Utah Office of Legislative Research and General Counsel (le.utah.gov)URL: https://le.utah.gov/xcode/Title73/Chapter35/73-35-P3.html?v=C73-35-P3_2026050620260701Fetched: 10/26/2026