(1) Before legal action on behalf of the state or the users of the waters of the Colorado River system may be taken under this chapter, the river commissioner shall request that the governor and attorney general take legal action on behalf of the state and the users of the waters of the Colorado River system. (2) Except as provided in Section 73-35-402, the attorney general shall represent the river commissioner and the authority, including the authority's members and officers, in all matters related to the Colorado River. At the request of the authority or the river commissioner, the attorney general may institute or join legal actions against any party to enforce or defend the state's rights in matters related to the Colorado River. (3) The river commissioner shall act for the state and the Utah Colorado River users in consultations or negotiations with: (a) the Upper Colorado River Commission; (b) the states in the Colorado River Compact; and (c) the government of the United States. (4) The river commissioner may make and enter into a compact between Utah and Colorado River Basin States, either jointly or severally. A compact that defines the rights of the states or of the United States in the waters of the Colorado River system is not binding on Utah until ratified and approved by: (a) the Utah State Legislature by joint resolution; (b) the governor of this state; and (c) the appropriate federal agency when the federal agency's approval is required. (5) The river commissioner within the limits of the river commissioner's authority shall: (a) represent and act for the state in consultation with other states, the United States, foreign countries, and private persons, and negotiate and enter into agreements between the state and those entities, jointly or severally; (b) represent and act for the state as a member of an interstate or international commission or other body as may be established relating to the Colorado River system in transactions with Colorado River Basin States, the federal government, or a foreign country; and (c) report to the governor the measures or legislative actions that the river commissioner considers necessary to carry out the provisions of any law relating to the powers and duties of the authority. (6) The river commissioner shall perform the duties imposed by this chapter and perform all other things the river commissioner considers necessary or expedient to carry out the purposes of this chapter. Renumbered and Amended by Chapter 370, 2026 General Session
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