First Substitute S.B. 269

Senator Dennis E. Stowell proposes the following substitute bill:

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 certain water rights matters to water rights owners; and
15 . makes technical changes.
16 Monies Appropriated in this Bill:
17 None
18 Other Special Clauses:
19 None
20 Utah Code Sections Affected:
21 AMENDS:
22 13-43-203, as enacted by Laws of Utah 2006, Chapter 258
23
24 Be it enacted by the Legislature of the state of Utah:
25 Section 1. Section 13-43-203 is amended to read:

26 13-43-203. Office of the Property Rights Ombudsman -- Duties.
27 (1) The Office of the Property Rights Ombudsman shall:
28 (a) develop and maintain expertise in and understanding of takings, eminent domain,
29 and land use law;
30 (b) assist state agencies and local governments in developing the guidelines required by
31 Title 63, Chapter 90a, Constitutional Taking Issues;
32 (c) at the request of a state agency or local government, assist the state agency or local
33 government, in analyzing actions with potential takings implications or other land use issues;
34 (d) advise real property owners who have a legitimate potential or actual takings claim
35 against a state or local government entity or have questions about takings, eminent domain, and
36 land use law;
37 (e) identify state or local government actions that have potential takings implications
38 and, if appropriate, advise those state or local government entities about those implications;
39 [and]
40 (f) provide information to private citizens, civic groups, government entities, and other
41 interested parties about takings, eminent domain, and land use law and their rights and
42 responsibilities under the takings, eminent domain, or land use laws through seminars and
43 publications, and by other appropriate means[.]; and
44 (g) provide information concerning preserving water rights to a person aggrieved by a
45 final order of the state engineer regarding a water right of 50 acre-feet or less.
46 (2) The Office of the Property Rights Ombudsman may not represent private property
47 owners, state agencies, or local governments in court or in adjudicative proceedings under Title
48 63, Chapter 46b, Administrative Procedures Act.
49 (3) No member of the Office of the Property Rights Ombudsman nor a neutral third
50 party rendering an advisory opinion under Section 13-43-205 or 13-43-206 , may be compelled
51 to testify in a civil action filed concerning the subject matter of any review, mediation, or
52 arbitration by, or arranged through, the office.
53 (4) (a) Except as provided in Subsection (4)(b), evidence of a review by the Office of
54 the Property Rights Ombudsman and the opinions, writings, findings, and determinations of the
55 Office of the Property Rights Ombudsman are not admissible as evidence in a judicial action.
56 (b) Subsection (4)(a) does not apply to:

57 (i) actions brought under authority of Title [78] 78A, Chapter [6] 8, Small Claims
58 Courts;
59 (ii) a judicial confirmation or review of the arbitration itself as authorized in Title [78]
60 78B, Chapter [31a] 11, Utah Uniform Arbitration Act;
61 (iii) actions for de novo review of an arbitration award or issue brought under the
62 authority of Subsection 13-43-204 (3)(a)(i); or
63 (iv) advisory opinions provided for in Sections 13-43-205 and 13-43-206 .