S.B. 269

1

WATER RIGHTS - OMBUDSMAN
2 2008 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Dennis E. Stowell
5 House Sponsor: ____________
6
7 LONG TITLE
8 General Description:
9 This bill requires the Office of the Property Rights Ombudsman to provide information
10 concerning water rights to water rights owners.
11 Highlighted Provisions:
12 This bill:
13 . requires the Office of the Property Rights Ombudsman to provide information
14 concerning water rights and proceedings concerning water rights to water rights
15 owners; and
16 . makes technical changes.
17 Monies Appropriated in this Bill:
18 None
19 Other Special Clauses:
20 None
21 Utah Code Sections Affected:
22 AMENDS:
23 13-43-203, as enacted by Laws of Utah 2006, Chapter 258
24
25 Be it enacted by the Legislature of the state of Utah:
26 Section 1. Section 13-43-203 is amended to read:
27 13-43-203. Office of the Property Rights Ombudsman -- Duties.

28 (1) The Office of the Property Rights Ombudsman shall:
29 (a) develop and maintain expertise in and understanding of takings, eminent domain,
30 and land use law;
31 (b) assist state agencies and local governments in developing the guidelines required by
32 Title 63, Chapter 90a, Constitutional Taking Issues;
33 (c) at the request of a state agency or local government, assist the state agency or local
34 government, in analyzing actions with potential takings implications or other land use issues;
35 (d) advise real property owners who have a legitimate potential or actual takings claim
36 against a state or local government entity or have questions about takings, eminent domain, and
37 land use law;
38 (e) identify state or local government actions that have potential takings implications
39 and, if appropriate, advise those state or local government entities about those implications;
40 [and]
41 (f) provide information to private citizens, civic groups, government entities, and other
42 interested parties about takings, eminent domain, and land use law and their rights and
43 responsibilities under the takings, eminent domain, or land use laws through seminars and
44 publications, and by other appropriate means[.]; and
45 (g) provide information concerning water rights and administrative and judicial
46 proceedings concerning water rights to a water right owner.
47 (2) The Office of the Property Rights Ombudsman may not represent private property
48 owners, state agencies, or local governments in court or in adjudicative proceedings under Title
49 63, Chapter 46b, Administrative Procedures Act.
50 (3) No member of the Office of the Property Rights Ombudsman nor a neutral third
51 party rendering an advisory opinion under Section 13-43-205 or 13-43-206 , may be compelled
52 to testify in a civil action filed concerning the subject matter of any review, mediation, or
53 arbitration by, or arranged through, the office.
54 (4) (a) Except as provided in Subsection (4)(b), evidence of a review by the Office of
55 the Property Rights Ombudsman and the opinions, writings, findings, and determinations of the
56 Office of the Property Rights Ombudsman are not admissible as evidence in a judicial action.
57 (b) Subsection (4)(a) does not apply to:
58 (i) actions brought under authority of Title [78] 78A, Chapter [6] 8, Small Claims

59 Courts;
60 (ii) a judicial confirmation or review of the arbitration itself as authorized in Title [78]
61 78B, Chapter [31a] 11, Utah Uniform Arbitration Act;
62 (iii) actions for de novo review of an arbitration award or issue brought under the
63 authority of Subsection 13-43-204 (3)(a)(i); or
64 (iv) advisory opinions provided for in Sections 13-43-205 and 13-43-206 .




Legislative Review Note
as of 2-13-08 1:14 PM

Office of Legislative Research and General Counsel