1. (1) Notwithstanding Section 73-3-21.1, if the governor issues an executive order declaring a temporary water shortage emergency under this chapter:

   1. (a) use of water is preferred over other water use during the time period of the temporary water shortage emergency under the executive order if the water is used in accordance with the executive order:

      1. (i) for one or more of the following purposes, with preference exercised in the order listed:

         1. (A) drinking;
         2. (B) sanitation;
         3. (C) fire suppression;
         4. (D) commercial agriculture animal welfare needs; or
         5. (E) generation of electricity; and

      2. (ii) by one of the following:

         1. (A) a public water supplier, as defined in Section 73-1-4;
         2. (B) a military facility that was in operation on March 10, 2011;
         3. (C) a commercial agriculture operation for purposes described in Subsection (1)(a)(i)(D); or
         4. (D) an electric utility; and
   2. (b) use of water for agricultural purposes, including irrigation, livestock watering, or food processing, is preferred over other rights, except as provided in Subsection (1)(a).
2. (2) A preference for fire suppression under Subsection (1) is in addition to the governor's authorization to use water sources as necessary for fire suppression under Subsection 53-2a-204(1)(o).
3. (3) The state engineer shall determine, consistent with the executive order declaring a temporary water shortage emergency, through a priority schedule, which water rights a person specified in the executive order as required by Subsection 73-3d-201(1)(c)(iv) may interrupt for purposes of this section.

4. (4)

   1. (a) A person entitled to make a request who uses water preferentially during a temporary water shortage emergency shall measure the water taken preferentially during the temporary water shortage emergency.
   2. (b) A duty to measure under this Subsection (4) does not replace or modify any other duty to measure water under this title or rules made under this title.

Enacted by Chapter 126, 2023 General Session