No. 36087 (Amendment): Section R653-2-4. Project Funding Process

(Amendment)

DAR File No.: 36087
Filed: 04/20/2012 01:38:32 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

In 2010, the Utah State Legislature passed H.B. 60 (General Session) requiring canal companies and canal operators to complete and have accepted a Water Conveyance Facilities Management Plan, and H.B. 298 requiring them to provide stated information to the county. The Board of Water Resources now requires compliance to these two laws before funds for water projects will be disbursed. Accordingly, an amendment to Subsection R653-2-4(2)(b)(iii) needs to be filed.

Summary of the rule or change:

In addition to other stated requirements for funding, Subsection R653-2-4(20(b)(iii) needs to now include: 1) Submittal of a letter noting completion and acceptance of a Water Conveyance Facilities Management Plan as described in and within the time frame required by Section 73-10-33 (H.B. 60); and 2) compliance with Section 17-27a-211 (H.B. 298) which requires a canal company or canal operator to provide stated information to the county.

State statutory or constitutional authorization for this rule:

• Title 73, Chapter 10
• Section 73-10-33

Anticipated cost or savings to:

the state budget:

There is no cost associated with this rule because no action needs to be taken by the state.

local governments:

There is no cost associated with this rule because no action needs to be taken by local governments.

small businesses:

There is no cost associated with this rule because no action needs to be taken by any business.

persons other than small businesses, businesses, or local governmental entities:

The cost associated with this rule is the time it takes to write a letter stating compliance.

Compliance costs for affected persons:

The cost associated with this rule is the time it takes to write a letter stating compliance.

Comments by the department head on the fiscal impact the rule may have on businesses:

There will be no fiscal impact on business because of this rule amendment.

Michael Styler, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Natural Resources
Water ResourcesRoom 310
1594 W NORTH TEMPLE
SALT LAKE CITY, UT 84116-3154

Direct questions regarding this rule to:

• Barbara Allen at the above address, by phone at 801-538-7232, by FAX at 801-538-7279, or by Internet E-mail at [e-mail]

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

06/14/2012

This rule may become effective on:

06/21/2012

Authorized by:

Michael Styler, Executive Director

RULE TEXT

R653. Natural Resources, Water Resources.

R653-2. Financial Assistance from the Board of Water Resources.

R653-2-4. Project Funding Process.

(1) After the application for assistance has been completed by the sponsor/applicant, signed by the Board member, and forwarded to the Division, a three-step process will be followed to determine those projects which will be funded by the Board.

(2) The three steps of the funding process are:

(a) Approval for Staff Investigation

(i) The Board member considers the proposed project to fall within the Board's general statutory authority.

(ii) Division staff will prepare a feasibility report covering the general scope of the proposed project but focusing on technical, financial, legal, and environmental aspects, water needs and rights, and water users' support.

(b) Authorization

(i) The feasibility report will be presented to the Board, which will consider the project for authorization on the basis of its merits and overall feasibility and the contribution the project will make to the general economy of the area and the state.

(ii) As part of its decision-making process, the Board considers it important to discuss the merits of the project with the sponsor. Therefore, representatives of the project sponsor must attend the Board meeting when the project is considered for authorization.

(iii) If the project is AUTHORIZED by the Board, a letter outlining the engineering and legal requirements for the project, and other conditions of the financial assistance will be sent to the sponsor. For example, some of the more common conditions of these projects are:

(A) Preparation of a Water Management and Conservation Plan for the sponsor's service area.

(B) Adoption of an ordinance prohibiting municipal irrigation of landscapes between the hours of 10:00 a.m. and 6:00 p.m.; the Division has prepared a Model Ordinance which is available for the sponsors of municipal projects.

(C) Adoption of a progressive water rate schedule (municipal projects). Division staff will assist sponsors in establishing such schedules to fit local conditions and circumstances.

(D) Submittal of a letter noting completion and acceptance of a Water Conveyance Facilities Management Plan as described in and within the time frame required by Utah Code 73-10-33 (2010 First Substitute House Bill 60); and

(E) Compliance with Utah Code 17-27a-211 (2010 House Bill 298) which requires a canal company or canal operator to provide stated information to the county.

(c) Committal of Funds

(i) After the sponsor has complied with the Board requirements and conditions, the project will be presented for final review. If the Board finds the project to be in order and ready for construction, and IF FUNDS ARE AVAILABLE, the Board will commit funds and direct its officers to enter into the necessary agreements to secure project financing.

(ii) The project sponsor will not normally be required to attend the Board meeting at which funds are to be committed for the project. If the project scope or cost estimate has changed substantially, the sponsor may be asked to attend the meeting to discuss the changes with the Board.

 

KEY: water funding

Date of Enactment or Last Substantive Amendment: [February 25, 2008]2012

Authorizing, and Implemented or Interpreted Law: 73-10

 

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