17B-2a-1005 - Water conservancy district board of trustees -- Selection of members -- Number -- Qualifications -- Terms -- Vacancies -- Surety bonds -- Authority. - Utah Statutes

17B-2a-1005. Water conservancy district board of trustees -- Selection of members-- Number -- Qualifications -- Terms -- Vacancies -- Surety bonds -- Authority.
(1) Members of the board of trustees for a water conservancy district shall be:
(a) elected in accordance with:
(i) the petition or resolution that initiated the process of creating the water conservancydistrict; and
(ii) Section 17B-1-306;
(b) appointed in accordance with Subsection (2); or
(c) elected under Subsection (4)(a).
(2) (a) If the members of the board of trustees are appointed, within 45 days after the dayon which a water conservancy district is created as provided in Section 17B-1-215, the board oftrustees shall be appointed as provided in this Subsection (2).
(b) For a district located entirely within the boundaries of a single county, the countylegislative body of that county shall appoint each trustee.
(c) (i) For a district located in more than a single county, the governor, with the consentof the Senate, shall appoint each trustee from nominees submitted as provided in this Subsection(2)(c).
(ii) (A) Except as provided in Subsection (2)(c)(ii)(B), in a division composed solely ofmunicipalities, the legislative body of each municipality within the division shall submit twonominees per trustee.
(B) The legislative body of a municipality may submit fewer than two nominees pertrustee if the legislative body certifies in writing to the governor that the legislative body isunable, after reasonably diligent effort, to identify two nominees who are willing and qualified toserve as trustee.
(iii) (A) Except as provided in Subsection (2)(c)(iii)(B), in all other divisions, the countylegislative body of the county in which the division is located shall submit three nominees pertrustee.
(B) The county legislative body may submit fewer than three nominees per trustee if thecounty legislative body certifies in writing to the governor that the county legislative body isunable, after reasonably diligent effort, to identify three nominees who are willing and qualifiedto serve as trustee.
(iv) If a trustee represents a division located in more than one county, the countylegislative bodies of those counties shall collectively compile the list of three nominees.
(v) For purposes of this Subsection (2)(c), a municipality that is located in more than onecounty shall be considered to be located in only the county in which more of the municipal areais located than in any other county.
(d) In districts where substantial water is allocated for irrigated agriculture, one trusteeappointed in that district shall be a person who owns irrigation rights and uses those rights as partof that person's livelihood.
(3) (a) At least 90 days before expiration of an appointed trustee's term, the board shallgive written notice of the upcoming vacancy and the date when the trustee's term expires to thecounty legislative body in single county districts and to the nominating entities and the governorin all other districts.
(b) (i) Upon receipt of the notice of the expiration of an appointed trustee's term or noticeof a vacancy in the office of an appointed trustee, the county or municipal legislative body, as the

case may be, shall nominate candidates to fill the unexpired term of office pursuant to Subsection(2).
(ii) If a trustee is to be appointed by the governor and the entity charged with nominatingcandidates has not submitted the list of nominees within 90 days after service of the notice, thegovernor shall make the appointment from qualified candidates without consultation with thecounty or municipal legislative body.
(iii) If the governor fails to appoint, the incumbent shall continue to serve until asuccessor is appointed and qualified.
(iv) Appointment by the governor vests in the appointee, upon qualification, the authorityto discharge the duties of trustee, subject only to the consent of the Senate.
(c) Each trustee shall hold office during the term for which appointed and until asuccessor is duly appointed and has qualified.
(4) (a) Members of the board of trustees of a water conservancy district shall be elected,if, subject to Subsection (4)(b):
(i) two-thirds of all members of the board of trustees of the water conservancy districtvote in favor of changing to an elected board; and
(ii) the legislative body of each municipality or county that appoints a member to theboard of trustees adopts a resolution approving the change to an elected board.
(b) A change to an elected board of trustees under Subsection (4)(a) may not shorten theterm of any member of the board of trustees serving at the time of the change.
(5) The board of trustees of a water conservancy district shall consist of:
(a) except as provided in Subsection (5)(b), not more than 11 persons who are residentsof the district; or
(b) if the district consists of five or more counties, not more than 21 persons who areresidents of the district.
(6) If an elected trustee's office is vacated, the vacated office shall be filled in accordancewith Section 17B-1-303.
(7) Each trustee shall furnish a corporate surety bond at the expense of the district,conditioned for the faithful performance of duties as a trustee.
(8) (a) The board of trustees of a water conservancy district may:
(i) make and enforce all reasonable rules and regulations for the management, control,delivery, use, and distribution of water;
(ii) withhold the delivery of water with respect to which there is a default or delinquencyof payment;
(iii) provide for and declare a forfeiture of the right to the use of water upon the defaultor failure to comply with an order, contract, or agreement for the purchase, lease, or use of water,and resell, lease, or otherwise dispose of water with respect to which a forfeiture has beendeclared;
(iv) allocate and reallocate the use of water to lands within the district;
(v) provide for and grant the right, upon terms, to transfer water from lands to whichwater has been allocated to other lands within the district;
(vi) create a lien, as provided in this part, upon land to which the use of water istransferred;
(vii) discharge a lien from land to which a lien has attached; and
(viii) subject to Subsection (8)(b), enter into a written contract for the sale, lease, or other

disposition of the use of water.
(b) (i) A contract under Subsection (8)(a)(viii) may provide for the use of waterperpetually or for a specified term.
(ii) (A) If a contract under Subsection (8)(a)(viii) makes water available to thepurchasing party without regard to actual taking or use, the board may require that the purchasingparty give security for the payment to be made under the contract, unless the contract requires thepurchasing party to pay for certain specified annual minimums.
(B) The security requirement under Subsection (8)(b)(ii)(A) in a contract with a publicentity may be met by including in the contract a provision for the public entity's levy of a specialassessment to make annual payments to the district.

Amended by Chapter 159, 2010 General Session