Utah Administrative Code
Topic - Natural Resources
Title R653 - Water Resources
Rule R653-2 - Financial Assistance from the Board of Water Resources
Section R653-2-4 - Project Funding Process
Universal Citation: UT Admin Code R 653-2-4
Current through Bulletin 2024-18, September 15, 2024
(1) After the application for assistance has been completed by the applicant, forwarded to the Division, and signed by the Board member, 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
applicant. Therefore, representatives of the project applicant 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
applicant. For example, some of the more common conditions of these projects
are:
(A) Obtain all easements, rights-of-way,
and permits required to construct, operate, and maintain the project.
(B) Pass a company resolution to assign
properties, easements, and water rights required for the project to the
Board.
(C) Enter into a contract
with the Board for construction of the project and subsequent purchase from the
Board.
(D) Obtain approval of final
plans and specifications from the Division.
(E) Prepare a Water Conservation
Plan.
(F) Adopt an ordinance
prohibiting irrigation of landscapes between the hours of 10:00 a.m. and 6:00
p.m.
(G) Adopt a progressive water
rate schedule (municipal projects).
(H) Submit a letter noting completion and
acceptance of a Water Conveyance Facilities Management Plan as described by
Utah Code
73-10-33;
and
(I) Be in compliance with Utah
Code
17-27a-211,
which requires a canal company or canal operator to provide stated information
to the county.
(iv) The
Board's authorization is valid for two years.
(A) If the project does not proceed to
committal of funds within this time, the applicant may request to the Board to
extend the authorization one additional year.
(B) The Board may grant an extension if the
applicant has shown due diligence in completing its requirements.
(C) If the Board authorizes a phased project
that will extend beyond two years, the Board's authorization will be valid for
up to six years. A phased project will only be considered if the applicant
needs to spread out the capital investments required over several years, or the
nature and cost of each phase is unlikely to change significantly over the
six-year period.
(c) COMMITTAL OF FUNDS:
(i) After the applicant 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 staff to enter into the necessary agreements with the applicant to
secure project financing.
(ii) The
project applicant 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 applicant will be asked to attend the
meeting to discuss the changes with the Board.
Disclaimer: These regulations may not be the most recent version. Utah may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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