Current through Bulletin 2024-18, September 15, 2024
(1) One
or more Deputy Water Commissioners ("Deputy Commissioner") may be appointed by
the State Engineer to assist the Commissioner.
(2) The need for a Deputy Commissioner shall
be determined by the Commissioner and the Committee or Distribution System
Chair and approved by the State Engineer.
(3) An applicant for the position of Deputy
Commissioner shall, at a minimum:
(a) Be a
high school graduate;
(b)
Demonstrate a level of education and experience commensurate with the level of
complexity and difficulty involved in assisting the Commissioner.
(c) Be less than 75 years of age. A person
who is 75 years of age or older will not be appointed as Deputy Commissioner by
the State Engineer.
(d) Hold a
valid Utah Drivers License
(e) Be
able to walk over rough and uneven terrain for distances up to a half
mile.
(4) Selection
Process
(a) Application for the position of
Deputy Commissioner shall be made to the current Commissioner.
(b) The current Commissioner shall interview
applicants as necessary and present a recommendation to the Committee or
Distribution Committee Chair for consideration.
(c) If the current Commissioner and the
Committee or Distribution System Chair are in unanimous agreement on a
qualified applicant to recommend to the State Engineer, the State Engineer
shall appoint the applicant as Deputy Commissioner based on that
recommendation. If there is no unanimity, the State Engineer shall select a
person from among the qualified applicants to appoint as Deputy
Commissioner.
(5) A
Deputy Commissioner shall be appointed to a term corresponding to the term of
the current Commissioner.
(a) If a Deputy
Commissioner is appointed part way through the term of a currently serving
Commissioner, the Deputy Commissioner's first term shall be equal to the
remaining term of the current Commissioner.
(b) When a Commissioner retires, resigns, or
is otherwise removed from appointment, the appointments of all Deputy
Commissioners shall be concurrently terminated. However, should the
Commissioner position become vacant during a distribution season, the
appointment of any Deputy Commissioner may be extended until the end of the
distribution season.
(c) Regardless
of the number of years remaining in a term, a Deputy Commissioner's term of
appointment will terminate at the last Annual Meeting prior to the Deputy's
75th birthday.
(6) A
person may be appointed to serve successive terms as Deputy Commissioner
without limit.
(7) When acting
under specific direction of the Commissioner, a Deputy Commissioner shall have
the same authority as delegated to the Commissioner as an agent of the State
Engineer.
(8) A person may serve
concurrently as Deputy Commissioner for more than one Distribution
System.
(9) The duties of the
Deputy Commissioner(s) shall be to assist the Commissioner, as assigned, in the
performance of the Commissioner's duties to fulfill the purposes of the
Distribution System.
(10)
Compensation and Benefits:
(a) The salary or
wage for a Deputy Commissioner shall be set within the guidelines established
by the State Engineer.
(i) The salary or wage
shall be paid through the State of Utah payroll system and shall be subject to
all federal and state taxes and other required withholdings.
(ii) The total amount of salary or wage
budgeted each year shall be paid to the Deputy Commissioner within the calendar
year upon successful completion of the duties and responsibilities of the
position.
(b) A Deputy
Commissioner may be provided with a means of transportation for all travel
related to regulation of the Distribution System. The transportation may be
provided by any of the means described in the above Section entitled "Water
Commissioner".
(c) A Deputy
Commissioner shall be provided, at the expense of the Distribution System, such
equipment and supplies as are needed to effectively assist the Commissioner in
the assigned duties on the Distribution System. Compensation shall be in a
manner equivalent to that adopted for compensation of the Commissioner for
similar expenses.
(d) At the
discretion of the Committee and with the consent of the water users and the
State Engineer, the Deputy Commissioner may be provided with health insurance
with premiums paid all or in-part by the Distribution System.
(e) A Deputy Commissioner shall be provided
with Workers Compensation Insurance at the expense of the Distribution System
and in accordance with pertinent regulations governing same.
(f) The Distribution System shall pay the
cost of the retirement benefit for any Deputy Commissioner whose salary meets
or exceeds the minimum salary level set by the Utah State Retirement Office to
qualify for retirement benefits.
(11) Removal
(a) A Deputy Commissioner may be removed by
the State Engineer for cause.
(i) The process
to remove a Deputy Commissioner may be instigated by the State Engineer or as a
result of a petition to the State Engineer from the Commissioner, Committee, or
the water users.
(ii) The process
for removing a Deputy Commissioner shall be governed by the provisions of the
Utah Administrative Procedures Act.
(b) Water users may petition the District
Court for the removal of a Deputy Commissioner.
