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Section 34 - Secondary water metering.

UT Code § 73-10-34 (2019) (N/A)
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(1) As used in this section: (a) (i) "Commercial user" means a secondary water user that is a place of business. (ii) "Commercial user" does not include a multi-family residence, an agricultural user, or a customer that falls within the industrial or institutional classification. (b) (i) "Industrial user" means a secondary water user that manufactures or produces materials. (ii) "Industrial user" includes a manufacturing plant, an oil and gas producer, and a mining company. (c) (i) "Institutional user" means a secondary water user that is dedicated to public service, regardless of ownership. (ii) "Institutional user" includes a school, church, hospital, park, golf course, and government facility. (d) (i) "Residential user" means a secondary water user in a residence. (ii) "Residential user" includes a single-family or multi-family home, apartment, duplex, twin home, condominium, or planned community. (e) "Secondary water" means water that is: (i) not culinary or water used on land assessed under Title 59, Chapter 2, Part 5, Farmland Assessment Act; and (ii) delivered to and used by an end consumer for the irrigation of landscaping or a garden. (f) "Secondary water supplier" means an entity that supplies pressurized secondary water.

(a) (i) "Commercial user" means a secondary water user that is a place of business. (ii) "Commercial user" does not include a multi-family residence, an agricultural user, or a customer that falls within the industrial or institutional classification.

(i) "Commercial user" means a secondary water user that is a place of business.

(ii) "Commercial user" does not include a multi-family residence, an agricultural user, or a customer that falls within the industrial or institutional classification.

(b) (i) "Industrial user" means a secondary water user that manufactures or produces materials. (ii) "Industrial user" includes a manufacturing plant, an oil and gas producer, and a mining company.

(i) "Industrial user" means a secondary water user that manufactures or produces materials.

(ii) "Industrial user" includes a manufacturing plant, an oil and gas producer, and a mining company.

(c) (i) "Institutional user" means a secondary water user that is dedicated to public service, regardless of ownership. (ii) "Institutional user" includes a school, church, hospital, park, golf course, and government facility.

(i) "Institutional user" means a secondary water user that is dedicated to public service, regardless of ownership.

(ii) "Institutional user" includes a school, church, hospital, park, golf course, and government facility.

(d) (i) "Residential user" means a secondary water user in a residence. (ii) "Residential user" includes a single-family or multi-family home, apartment, duplex, twin home, condominium, or planned community.

(i) "Residential user" means a secondary water user in a residence.

(ii) "Residential user" includes a single-family or multi-family home, apartment, duplex, twin home, condominium, or planned community.

(e) "Secondary water" means water that is: (i) not culinary or water used on land assessed under Title 59, Chapter 2, Part 5, Farmland Assessment Act; and (ii) delivered to and used by an end consumer for the irrigation of landscaping or a garden.

(i) not culinary or water used on land assessed under Title 59, Chapter 2, Part 5, Farmland Assessment Act; and

(ii) delivered to and used by an end consumer for the irrigation of landscaping or a garden.

(f) "Secondary water supplier" means an entity that supplies pressurized secondary water.

(2) A secondary water supplier that begins design work for new service on or after April 1, 2020, to a commercial, industrial, institutional, or residential user shall meter the use of pressurized secondary water by the users receiving that new service.

(3) (a) A secondary water provider that provides pressurized secondary water to a commercial, industrial, institutional, or residential user shall develop a plan for metering the use of the pressurized water in accordance with this Subsection (3). (b) The plan required by this Subsection (3) shall be filed with the Division of Water Resources by no later than December 31, 2019, and address the process the secondary water supplier will follow to implement metering, including: (i) the costs of full metering by the secondary water provider; (ii) how long it would take the secondary water provider to complete full metering, including an anticipated begin date and completion date; and (iii) how the secondary water supplier will finance metering.

(a) A secondary water provider that provides pressurized secondary water to a commercial, industrial, institutional, or residential user shall develop a plan for metering the use of the pressurized water in accordance with this Subsection (3).

(b) The plan required by this Subsection (3) shall be filed with the Division of Water Resources by no later than December 31, 2019, and address the process the secondary water supplier will follow to implement metering, including: (i) the costs of full metering by the secondary water provider; (ii) how long it would take the secondary water provider to complete full metering, including an anticipated begin date and completion date; and (iii) how the secondary water supplier will finance metering.

(i) the costs of full metering by the secondary water provider;

(ii) how long it would take the secondary water provider to complete full metering, including an anticipated begin date and completion date; and

(iii) how the secondary water supplier will finance metering.

(4) (a) The Department of Natural Resources shall oversee a study by the Utah Water Task Force within the Department of Natural Resources of issues related to metering secondary water in the state including cost, timing, the need for exemptions, resources to pay the cost of metering, and any other issues the Department of Natural Resources finds relevant. (b) The Department of Natural Resources shall report the results of the study to the Natural Resources, Agriculture, and Environment Interim Committee by no later than the November interim meeting of 2019.

(a) The Department of Natural Resources shall oversee a study by the Utah Water Task Force within the Department of Natural Resources of issues related to metering secondary water in the state including cost, timing, the need for exemptions, resources to pay the cost of metering, and any other issues the Department of Natural Resources finds relevant.

(b) The Department of Natural Resources shall report the results of the study to the Natural Resources, Agriculture, and Environment Interim Committee by no later than the November interim meeting of 2019.

(5) A secondary water supplier shall on or before March 31 of each year, report to the Division of Water Rights: (a) for commercial, industrial, institutional, and residential users whose pressurized secondary water use is metered, the number of acre feet of pressurized secondary water the secondary water supplier supplied to the commercial, industrial, institutional, and residential users during the preceding 12-month period; (b) the number of secondary water meters within the secondary water supplier's service boundary; (c) a description of the secondary water supplier's service boundary; (d) the number of connections in each of the following categories through which the secondary water supplier supplies pressurized secondary water: (i) commercial; (ii) industrial; (iii) institutional; and (iv) residential; (e) the total volume of water that the secondary water supplier receives from its sources; and (f) the dates of service during the preceding 12-month period in which the secondary water supplier supplied pressurized secondary water.

(a) for commercial, industrial, institutional, and residential users whose pressurized secondary water use is metered, the number of acre feet of pressurized secondary water the secondary water supplier supplied to the commercial, industrial, institutional, and residential users during the preceding 12-month period;

(b) the number of secondary water meters within the secondary water supplier's service boundary;

(c) a description of the secondary water supplier's service boundary;

(d) the number of connections in each of the following categories through which the secondary water supplier supplies pressurized secondary water: (i) commercial; (ii) industrial; (iii) institutional; and (iv) residential;

(i) commercial;

(ii) industrial;

(iii) institutional; and

(iv) residential;

(e) the total volume of water that the secondary water supplier receives from its sources; and

(f) the dates of service during the preceding 12-month period in which the secondary water supplier supplied pressurized secondary water.

(6) (a) Beginning July 1, 2019, the Board of Water Resources may make up to $10,000,000 in low-interest loans available each year: (i) from the Water Resources Conservation and Development Fund, created in Section 73-10-24; and (ii) for financing the cost of secondary water metering. (b) The Division of Water Resources and the Board of Water Resources shall make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, establishing the criteria and process for receiving a loan described in this Subsection (6), except the rules may not include prepayment penalties.

(a) Beginning July 1, 2019, the Board of Water Resources may make up to $10,000,000 in low-interest loans available each year: (i) from the Water Resources Conservation and Development Fund, created in Section 73-10-24; and (ii) for financing the cost of secondary water metering.

(i) from the Water Resources Conservation and Development Fund, created in Section 73-10-24; and

(ii) for financing the cost of secondary water metering.

(b) The Division of Water Resources and the Board of Water Resources shall make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, establishing the criteria and process for receiving a loan described in this Subsection (6), except the rules may not include prepayment penalties.

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Section 34 - Secondary water metering.