Planning and Prioritization

Utah Code tit. 73, ch. 73-10g, pt. 73-10g-P6

in effect

Utah Code § 73-10g-601 Definitions.

73-10g-601. Definitions. As used in this part: (1) "Agency plan" means a water infrastructure plan adopted by a relevant agency. (2) (a) "Agricultural water" means water beneficially used in irrigation under a water right in this state for the production of food, fiber, or fuel, or other agricultural purpose. (b) "Agricultural water" does not include water delivered: (i) to an end user for human consumption and other domestic uses; or (ii) through a secondary water connection. (3) "Executive director" means the executive director of the Department of Natural Resources. (4) "Relevant agency" means: (a) the Division of Water Resources; (b) the Division of Drinking Water; and (c) the Division of Water Quality. (5) "Secondary water connection" means the same as that term is defined in Section 73-10-34. (6) "State council" means the Water Development Coordinating Council created in Sections 73-10c-3 and 79-2-201. (7) "Utah Watersheds Council" means the Utah Watersheds Council created in Section 73-10g-304. (8) "Water infrastructure fund money" means money in: (a) the Water Infrastructure Fund, created by Section 73-10g-107; (b) the Water Quality Security - Utah Wastewater Loan Program Subaccount, created in Section 73-10c-5; (c) the Drinking Water Security - Drinking Water Loan Program Subaccount, created in Section 73-10c-5; (d) the Water Resources Conservation and Development Fund, created in Section 73-10-24; or (e) another fund or account administered by a relevant agency: (i) unless use of the money is restricted by federal law; or (ii) except as provided in Section 73-10g-606. Amended by Chapter 105, 2025 General Session Amended by Chapter 124, 2025 General Session

Utah Code § 73-10g-602 Unified water infrastructure plan -- Annual reporting.

73-10g-602. Unified water infrastructure plan -- Annual reporting. (1) (a) The state council shall adopt a unified water infrastructure plan in accordance with this section by no later than March 1, 2026. (b) The state council shall update the unified water infrastructure plan as needed, but at least every four years. (c) A relevant agency may request that the state council amend the unified water infrastructure plan. (2) A unified water infrastructure plan shall: (a) describe water infrastructure projects: (i) needed to maintain the reliable supply of safe and clean water within the state; and (ii) organized in 10-year phases up to at least a 20-year plan; (b) be consistent with the policies, goals, and recommendations of the state water plan; and (c) be based primarily on agency plans submitted by the relevant agencies. (3) Beginning on June 30, 2025, a relevant agency shall: (a) annually adopt a water infrastructure agency plan that describes and ranks needed water infrastructure projects under the jurisdiction of the relevant agency; (b) include in the agency plan ranking justifications and descriptions of whether a water infrastructure project is: (i) ready for construction; (ii) planning for construction; or (iii) a future project; (c) organize an agency plan under this section in 10-year phases up to at least a 20-year plan; and (d) annually submit the agency plan to the state council by no later than June 30. (4) Before adopting or amending a unified water infrastructure plan, the state council shall provide a draft of the proposed unified water infrastructure plan to the Utah Watersheds Council and the Utah Watersheds Council may advise the state council concerning the unified water infrastructure plan. (5) (a) Beginning September 1, 2024, a relevant agency shall annually prepare a report and submit it to the state council concerning the funds or accounts that the relevant agency administers. (b) The report required by this Subsection (5) shall provide for the fund or account: (i) the balance at the beginning of the fiscal year of the report; (ii) revenues received from any source during the fiscal year; (iii) the ending balance after the close of the fiscal year; and (iv) projected revenues and disbursements for the coming fiscal year. (c) The state council shall compile the reports submitted pursuant to this Subsection (5) by no later than October 1 and distribute the compiled report to: (i) the governor; (ii) the Legislative Management Committee; (iii) the Natural Resources, Agriculture, and Environment Interim Committee; (iv) the Natural Resources, Agriculture, and Environmental Quality Appropriations Subcommittee; and (v) the Legislative Water Development Commission. Amended by Chapter 105, 2025 General Session

Utah Code § 73-10g-603 Ranking and prioritizing water infrastructure projects.

73-10g-603. Ranking and prioritizing water infrastructure projects. (1) The state council, in consultation with the relevant agencies, shall develop a written prioritization process for ranking and prioritizing water infrastructure projects that are or will be funded by water infrastructure fund money beginning with fiscal year 2027. The written prioritization process shall: (a) identify water infrastructure projects listed in the unified water infrastructure plan described in Section 73-10g-602; (b) establish a process under which an applicant may apply for funding of a water infrastructure project listed in the unified water infrastructure plan; (c) provide for the assignment by the state council of a water infrastructure project application to a relevant agency; (d) provide for a relevant agency to rank the water infrastructure projects assigned to the relevant agency under Subsection (1)(c); (e) on the basis of the ranking of water infrastructure projects under Subsection (1)(d), establish a process for the state council to prioritize water infrastructure projects; and (f) establish a process for transferring money from the Water Infrastructure Fund, created in Section 73-10g-107, into a fund or account described in Subsection 73-10g-601(6) to fund water infrastructure projects prioritized by the state council. (2) The following shall be included in the written prioritization process under Subsection (1): (a) subject to Subsection (3), categories of the types of water infrastructure projects against which other water infrastructure projects are prioritized, including: (i) drinking water projects; (ii) wastewater projects; (iii) stormwater projects; (iv) secondary water projects; (v) dam and reservoir projects; (vi) off-farm agriculture projects; and (vii) water reuse projects; (b) exclusion of the following types of water infrastructure projects: (i) an emergency water infrastructure project; or (ii) a small water infrastructure project that receives less than an amount of water infrastructure fund money established by rule made by the state council in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act; (c) hardship criteria that at a minimum refer to the hardship criteria of the Division of Drinking Water and the Division of Water Quality; (d) criteria related to the public interest, including conservation and the protection of public health and safety; (e) criteria to ensure that the project is adequately designed based on sound engineering and geologic considerations; (f) criteria for ranking or prioritizing a local water infrastructure project based on: (i) a local water infrastructure plan that is consistent with this section; and (ii) consultation with local entities about local water infrastructure projects; (g) criteria for ranking or prioritizing a water infrastructure project when water infrastructure fund money will be used to match federal funding; (h) a requirement that a person who receives water infrastructure fund money for a water infrastructure project: (i) engage in long-term planning consistent with Section 73-10g-602; and (ii) comply with Section 73-10g-605; and (i) any other provision the state council considers appropriate. (3) When including categories of types of water infrastructure projects used in the written prioritization process, the state council shall consider: (a) whether to apply percentages of water infrastructure fund money assigned to each category; (b) the size and resources of recipients; and (c) the potential purposes of the different types of water infrastructure projects, such as agricultural, municipal, or industrial uses. (4) In developing the written prioritization process, the state council shall seek and consider public comment related to developing the written prioritization process by holding public meetings at locations throughout the state in accordance with Title 52, Chapter 4, Open and Public Meetings Act. (5) (a) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the state council shall make rules establishing the written prioritization process under Subsection (1). (b) The state council shall submit a proposed rule to the Legislative Water Development Commission for review before taking final action on the proposed rule or a proposed amendment to the rule described in this Subsection (5). (6) In determining priorities and funding levels of water infrastructure projects, the state council shall use the ranked list of water infrastructure projects based on the criteria adopted in the written prioritization process under Subsection (1). (7) A relevant agency shall annually report to the state council on the status of new water infrastructure projects, including water infrastructure projects that are funded by the Legislature in an appropriation act. (8) For a fiscal year before fiscal year 2027, a relevant agency shall prioritize water infrastructure projects within the jurisdiction of the relevant agency and not the state council. Amended by Chapter 105, 2025 General Session

Utah Code § 73-10g-604 State council's general duties related to prioritizing -- Reporting -- Relevant agency actions.

73-10g-604. State council's general duties related to prioritizing -- Reporting -- Relevant agency actions. (1) The state council shall: (a) beginning with fiscal year 2027, determine priorities and funding levels of water infrastructure projects for each fiscal year based on the water infrastructure projects ranked by relevant agencies under Section 73-10g-603; (b) hold public meetings in accordance with Title 52, Chapter 4, Open and Public Meetings Act, and otherwise provide for public input on funding of water infrastructure projects; and (c) make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, necessary to perform the state council's duties related to: (i) adopting the unified water infrastructure plan; (ii) adopting a written prioritization process; and (iii) prioritizing and setting funding levels for water infrastructure projects. (2) (a) For water infrastructure projects prioritized with funding provided under this title, the state council shall annually report, by no later than the October interim meeting of the Legislature, to the Legislative Water Development Commission: (i) a prioritized list of the water infrastructure projects and the funding levels available for those water infrastructure projects; and (ii) the unfunded water infrastructure projects and maintenance needs within the state. (b) The Legislative Water Development Commission shall: (i) review the prioritized list reported by the state council; and (ii) recommend to the Legislature: (A) the amount of additional funding to allocate to water infrastructure projects; and (B) the source of revenue for the additional funding allocation under Subsection (2)(b)(ii)(A). (3) A relevant agency shall administer money prioritized under this part in a manner consistent with this part. Amended by Chapter 105, 2025 General Session

Utah Code § 73-10g-605 Capital asset management and reserve analysis -- Assistance for person seeking state funds.

73-10g-605. Capital asset management and reserve analysis -- Assistance for person seeking state funds. (1) As a condition of receiving water infrastructure fund money for a water infrastructure project by a loan or grant, a recipient shall: (a) conduct a reserve study showing how the recipient shall: (i) repay the loan if the recipient receives a loan; and (ii) collect money for repair and replacement of the water infrastructure project; (b) if the recipient receives a loan, update the reserve study described in Subsection (1)(a) every five years or until the loan is repaid; and (c) comply with the relevant capital asset management requirements under: (i) Section 19-5-202 for a water infrastructure project related to wastewater or sewage infrastructure; (ii) Section 73-10g-502 for a water conservancy district's, as defined in Section 73-10g-501, water infrastructure project that is not described in Subsection (1)(c)(i); or (iii) Section 73-10g-502.5, for a public water system, as defined in Section 73-10g-502.5, that is not a water conservancy district. (2) A reserve study required under this section shall include: (a) a list of the components identified in the reserve analysis that will reasonably require reserve funds; (b) a statement of the probable remaining useful life, as of the date of the reserve analysis, of each component identified in the reserve analysis; (c) an estimate of the cost to repair, replace, or restore each component identified in the reserve analysis; (d) an estimate of the total annual contribution to a reserve fund necessary to meet the cost to repair, replace, or restore each component identified in the reserve analysis during the component's useful life and at the end of the component's useful life; and (e) a reserve funding plan that recommends how the system may fund the annual contribution described in Subsection (2)(d). (3) If a person seeking state or federal financing or grants establishes a need to the satisfaction of a relevant agency, the relevant agency may provide the person: (a) water infrastructure fund money to assist the recipient in complying with the planning, reserve analysis, and capital asset management requirements of this part or Part 5, Capital Assets for Water; or (b) technical assistance with the planning, reserve analysis, or capital asset management requirements of this part or Part 5, Capital Assets for Water. Amended by Chapter 105, 2025 General Session

Utah Code § 73-10g-606 Scope of part.

73-10g-606. Scope of part. This part does not apply to: (1) the Water Resources Construction Fund created in Section 73-10-8; and (2) the Water Infrastructure Restricted Account created in Section 73-10g-103. Enacted by Chapter 105, 2025 General Session

Utah Code § 73-10g-607 Fee schedule -- Approval of fee schedule -- Exemption -- Report -- Monitoring of fees.

73-10g-607. Fee schedule -- Approval of fee schedule -- Exemption -- Report -- Monitoring of fees. (1) (a) Subject to Subsection (2), the state council may establish a fee schedule for public water systems for water service and delivery in the state. (b) To create a fee schedule for public water systems, the state council shall use the findings from the review described in Section 73-10-39. (2) The state council may not charge or collect a fee described in Subsection (1) without approval of the fee schedule by the Legislature in accordance with Section 63J-1-504. (3) Agricultural water is exempt from a fee established under Subsection (1). (4) Subject to Subsection (2), a public water system shall submit payment of the fee established in Subsection (1) into the Water Infrastructure Fund created in Section 73-10g-107: (a) in accordance with a schedule provided by the state council; and (b) using a form provided by the state council. (5) On or before October 31, 2026, the state council shall report to the Natural Resources, Agriculture, and Environment Interim Committee regarding the development of the fee schedule described in Subsection (1). (6) The Office of the Legislative Fiscal Analyst shall monitor any fees collected under this section. Enacted by Chapter 124, 2025 General Session

Source: Utah Office of Legislative Research and General Counsel (le.utah.gov)URL: https://le.utah.gov/xcode/Title73/Chapter10G/73-10g-P6.html?v=C73-10g-P6_2024050120240501Fetched: 10/26/2026