§ 51-9-702. Navajo Water Rights Negotiation Account.

(1)

(a) There is created a restricted account within the General Fund known as the "Navajo Water Rights Negotiation Account."

(b) The restricted account shall consist of appropriations made by the Legislature.

(c) The Division of Finance shall:

(i) administer the account; and

(ii) deposit interest earned on the account into the General Fund.

(2) Subject to Subsection (3), the Legislature may appropriate money from the restricted account only to plan, design, and construct drinking water projects to serve populations located on the Navajo Nation reservation within the boundaries of Utah.

(3) Before appropriating money from the account for the purpose specified in Subsection (2), the Legislature shall ensure that the state of Utah has:

(a) a signed, enforceable agreement on Navajo water rights with the Navajo Nation and the United States government; and

(b) a signed, enforceable project repayment agreement with the United States Department of the Interior.

(4) Creation of the account and appropriations into the account do not:

(a) create a state obligation to provide funding for the planning, design, or construction of drinking water projects to serve populations located on the Navajo Nation reservation within the boundaries of the state; and

(b) constitute an acknowledgment or admission by the state of Utah of any legal liability or obligation.

Enacted by Chapter 276, 2012 General Session