Section 21.5 – Preferences between appropriators.

• (1) As used in this section:
  • (a) “Electric utility” means:
    • (i) a municipal electric utility, as defined in Section 10-19-102;
    • (ii) an electric interlocal entity, as defined in Section 11-13-103;
    • (iii) an energy services interlocal entity, as defined in Section 11-13-103;
    • (iv) a project entity, as defined in Section 11-13-103;
    • (v) an electric improvement district, as defined in Section 17B-2a-406; or
    • (vi) an electrical corporation, as defined in Section 54-2-1.
  • (b) “Military facility” means an installation, base, air field, camp, post, station, yard, center, or other facility owned, leased, or operated by, or under the jurisdiction of, the United States Department of Defense or the National Guard.
  • (c)
    • (i) “Temporary water shortage emergency” means a shortage of water:
      • (A) whether caused by drought, manmade causes, or natural causes;
      • (B) for which the governor has declared temporary water shortage emergency in a designated geographic area by executive order; and
      • (C) that may not exceed in duration more than one calendar year.
    • (ii) An executive order of the governor declaring a temporary water shortage emergency under this section is not a declaration of a state of emergency under Section 53-2a-206 and is not subject to Title 53, Chapter 2a, Part 2, Disaster Response and Recovery Act. To exercise an authority granted under Title 53, Chapter 2a, Part 2, Disaster Response and Recovery Act, related to a declaration of a state of emergency, the governor shall issue an executive order that is separate from an executive order declaring a temporary water shortage emergency.

• (2)
  • (a) Notwithstanding Section 73-3-21.1, if there is a temporary water shortage emergency, the use of water for drinking, sanitation, generation of electricity, and fire suppression has a preferential right over any other water right for the duration of the temporary water shortage emergency if:
    • (i) the water is used by:
      • (A) an individual water user;
      • (B) a county or municipality;
      • (C) a public water supplier, as defined in Section 73-1-4;
      • (D) a military facility that was in operation on March 10, 2011; or
      • (E) an electric utility; and
    • (ii) the water is used without unnecessary waste.
  • (b) Notwithstanding Section 73-3-21.1, if there is a temporary water shortage emergency, the use of water for agricultural purposes, including irrigation and livestock water, has a preferential right over any other right, except as provided in Subsection (2)(a).

• (3) A person using water preferentially during a temporary water shortage emergency shall pay the appropriator whose water use is interrupted the reasonable value of the water use interrupted, crop losses, and other consequential damages incurred as a result of the interruption.

• (4) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the state engineer may make rules establishing the process to:
  • (a) determine the preferential right under Subsection (2) over other water rights for the duration of a temporary water shortage emergency; and
  • (b) provide for payments under Subsection (3).

Enacted by Chapter 311, 2022 General Session