73-10g-306.  Local watershed councils — Creation.

(1)  A proposed local watershed council may be certified by the Utah Watersheds Council under Subsection 73-10g-305(1)(c) if:

Terms Used In Utah Code 73-10g-306

  • Council: means the state council or a local council created under this part. See Utah Code 73-10g-302
  • Dependent: A person dependent for support upon another.
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Local council: means a local watershed council created in accordance with Section 73-10g-306. See Utah Code 73-10g-302
  • Person: means :Utah Code 68-3-12.5
  • Quorum: The number of legislators that must be present to do business.
  • State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
(a)  the organizing documents and policies of the proposed local watershed council:

(i)  provide for an open and equitable system of governance;

(ii)  encourage participation by a water user or group of water users, other watershed groups, mutual irrigation companies, distribution system committees, and other stakeholders within the watershed; and

(iii)  require that:

(A)  a majority of the members of the local council constitutes a quorum; and

(B)  an action of the local council be approved by no less than a majority of the members of the local council;

(b)  in a balance appropriate for the watershed, the proposed local council membership includes watershed stakeholders who reside or work within the watershed or own or control the right to divert or use water within the watershed and is representative, where feasible, of at least these interests:

(i)  agriculture;

(ii)  industry;

(iii)  Indian tribes;

(iv)  public water suppliers, as defined in Section 73-1-4;

(v)  water planning and research institutions;

(vi)  water quality;

(vii)  fish and wildlife;

(viii)  water dependent habitat and environments;

(ix)  watershed management, such as distribution system committees functioning within the watershed;

(x)  mutual irrigation companies; and

(xi)  local sponsors of reclamation projects;

(c)  for each of the five watersheds that drain into Great Salt Lake, the proposed local council includes a person designated by the Great Salt Lake local watershed council, if the Great Salt Lake local watershed council is certified; and

(d)  for the Great Salt Lake watershed, the proposed local council includes a person designated by each of the five watersheds that drain into Great Salt Lake that has a certified local watershed council.

(2)  A local council may invite state and federal agencies to name representatives as liaisons to the local council.

Enacted by Chapter 309, 2020 General Session

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