Section 507 – Repayments returned to Water Resources Conservation and Development Fund — Deposit of remaining revenue — Division of Finance authorized to establish accounts.
73-26-507. Repayments returned to Water Resources Conservation and Development Fund — Deposit of remaining revenue — Division of Finance authorized to establish accounts. (1) Repayments of construction and environmental mitigation costs, the interest charged, and excess hydropower charges shall be deposited in the Water Resources Conservation and Development Fund. (2) The Division of Finance shall […]
Section 403 – Immunity from suit — Exception.
73-26-403. Immunity from suit — Exception. Activities engaged in under authority of this chapter are governmental functions. The state and its officers and employees are immune from suit for any injury or damage resulting from those activities, except as provided in Section 63G-7-301. Amended by Chapter 382, 2008 General Session
Section 404 – Eminent domain.
73-26-404. Eminent domain. In order to construct the reservoirs and other facilities authorized under this chapter, the division may exercise eminent domain as provided in Title 78B, Chapter 6, Part 5, Eminent Domain. Amended by Chapter 3, 2008 General Session
Section 502 – Analysis of benefits and costs — Allocation of costs.
73-26-502. Analysis of benefits and costs — Allocation of costs. The division shall: (1) identify the uses and calculate the economic benefits and costs of the developed water; and (2) allocate project costs according to the following purposes: (a) municipal and industrial; (b) agricultural; (c) hydropower; (d) recreation; (e) fish and wildlife; and (f) flood […]
Section 503 – Payment of project costs.
73-26-503. Payment of project costs. (1) Construction and environmental mitigation costs allocated to municipal or industrial uses shall be entirely repaid by the entities contracting for water designated for those uses. (2) Twenty-five percent of construction and environmental mitigation costs allocated to agricultural use shall be repaid by entities contracting for agricultural water. (3) The […]
Section 504 – Agreement for delivery — Period for repayment of construction and environmental mitigation costs.
73-26-504. Agreement for delivery — Period for repayment of construction and environmental mitigation costs. (1) The division and the contracting entity shall, by contractual agreement, establish when and in what amount water developed by the project will be delivered to the contracting entity. (2) If a contract was made before completion of the project, the […]
Section 505 – Interest.
73-26-505. Interest. Interest on the unpaid balance of reimbursable construction and environmental mitigation costs shall be charged at a rate set by the board. Enacted by Chapter 251, 1991 General Session
Section 506 – Water charges.
73-26-506. Water charges. The division shall set prices for the sale or lease of developed water sufficient to: (1) recover the reimbursable construction and environmental mitigation costs within the time period specified in Section 73-26-504 and pay for the interest on those costs; (2) pay for operation and maintenance costs; and (3) accumulate an adequate […]
Section 302 – Construction contingent upon sale or lease of water — Preconstruction may proceed if funded.
73-26-302. Construction contingent upon sale or lease of water — Preconstruction may proceed if funded. (1) Except as provided in Subsection (3), the division may not expend money for construction costs on any phase of a project until: (a) contracts have been made for the sale or lease of at least 70% of the water […]
Section 401 – Powers of division.
73-26-401. Powers of division. The division may: (1) enter into contracts and agreements for the development, operation, maintenance, repair, and replacement of projects authorized under this chapter; and (2) (a) set prices for the sale or lease of water made available by the project, in accordance with Section 73-26-506 and rules made by the board; […]