MINUTES OF THE HOUSE

NATURAL RESOURCES, AGRICULTURE, AND ENVIRONMENT

STANDING COMMITTEE

Room 445, State Capitol

February 18, 2015


Members Present:    Rep. Lee B. Perry, Chair

                                    Rep. Douglas V. Sagers, Vice Chair

                                    Rep. Joel K. Briscoe

                                    Rep. Melvin R. Brown

                                    Rep. Scott H. Chew

                                    Rep. Jack R. Draxler

                                    Rep. Steve G. Handy

                                    Rep. Timothy D. Hawkes

                                    Rep. Mike K. McKell

                                    Rep. Michael E. Noel

                                    Rep. Kraig Powell

                                    Rep. Scott D. Sandall

                                    Rep. Mike Schultz

 

Members Absent:     Rep. Susan Duckworth

 

Staff Present:            Mr. J Brian Allred, Policy Analyst

Ms. An Bradshaw, Committee Secretary

 

NOTE:     A list of visitors and handouts are filed with committee minutes


Chair Perry called the meeting to order at 8:09 a.m.

 

H.B. 254         Livestock Branding Amendments (Rep. M. Noel)


Rep. Noel explained the bill to the committee with the assistance of Cody James, Director, Animal Industry Division.


Spoke for the bill:       Redge Johnson, citizen

 

MOTION:     Rep. Sagers moved to adopt 1st Sub. H.B. 254. The motion passed unanimously with Rep. Briscoe absent for the vote.

 

MOTION:     Rep. Sagers moved to pass the bill out favorably. The motion passed unanimously with Rep. Briscoe absent for the vote.

 

MOTION:     Rep. Brown moved to place 1st Sub. H.B. 254 on the Consent Calendar. The motion passed unanimously with Rep. Briscoe absent for the vote.


Vice Chair Sagers assumed the chair. 

H.B. 43           Water Rights - Change Application Amendments (Rep. K. McIff)


Rep. McIff explained the bill to the committee. "Water Ownership" and bottled water were distributed to the committee.


Spoke for the bill:                   Steven Clyde, ClydeSnow Attorneys at Law

                                                Redge Johnson, citizen


Spoke to the bill:                    Kent Jones, State Engineer, Division of Water Rights


Spoke against the bill:            Keith Meikle, Utah Association of Irrigation and Canal Companies

                                                Sterling Brown, Utah Farm Bureau

                                                Norman Jensen, Gunnison Irrigation Company

                                                Eldon Packer, Lake Bottom Irrigation Company

                                                Jay Humphrey, Emery Water Conservancy District


Rep. McKell and Rep. Brown declared conflicts of interest.


Chair Perry resumed the chair.

 

MOTION:     Rep. Noel moved to adopt 2nd Sub. H.B. 43. The motion passed unanimously with Rep. Briscoe and Rep. Powell absent for the vote.

 

MOTION:     Rep. Noel moved to amend the bill as follows:

 

1.    Page 12, Lines 341 through 344:    

 

341 (b) "Water company" means, except as described in Subsection (1)(c), any company,

342operating for profit or not for profit, [in which] where a shareholder has the right to receive a

343proportionate share, based on that shareholder's ownership interest, of water  rights  delivered by the

344company.

 

2.    Page 12, Lines 354 through 356:    

 

354 (2) (a) A shareholder who seeks to file a change application under Section 73-3-3 to

355make a change to some or all of the water  rights  represented by the shareholder's shares in a water

356company shall:

 

3.    Page 15, Lines 429 through 435:    

 

429 (5) (a) If the water company declines to consent to the proposed change application,

430stating its reasons, {  or the water company consents to the proposed change subject to conditions

431to which the shareholder does not agree, the shareholder may:

432 (i)  }  the shareholder may  file an action in district court, seeking court review of the reasonableness of the

433conditions imposed for giving consent or the reasons stated for declining consent and a final

434order allowing the shareholder to file the proposed change application with the state engineer {  ;

435or  }  . 

 

4.    Page 15, Lines 436 through 438:    

 

436  {  (ii)  }  (b) If the water company consents to the proposed change subject to conditions to which the shareholder does not agree, the shareholder may  file the change application with the state engineer as provided in Subsection (6),

437without waiving the shareholder's right to contest conditions {  imposed by the water company  }

438before the state engineer  that are within the state engineer's jurisdiction  or  contest intracorporate issues before  the district court on de novo judicial review.

 

5.    Page 17, Lines 491 through 494:    

 

491 (10) By mutual agreement only, and when the shares will rely upon a different

492diversion and delivery system, the {  state engineer  }  water company and the shareholder  may negotiate a buyout from the water

493company that may include a pro rata share of the water company's existing indebtedness

494assignable to the shares.

 

The motion passed unanimously with Rep. Briscoe and Rep. Powell absent for the vote.

 

MOTION:     Rep. Noel moved to pass the bill out favorably as amended.

 

 

SUBSTITUTE MOTION:   Rep. Sandall moved to hold the bill. The motion failed with Rep. Chew, Rep. Draxler, Rep. Sagers, and Rep. Sandall voting in favor and Rep. Briscoe absent for the vote.

 

The original motion passed with Rep. Chew, Rep. Draxler, Rep. Sagers, and Rep. Sandall voting in opposition and Rep. Briscoe absent for the vote.

 

H.B. 58           Change Application Modifications (Rep. K. Grover)

 

This bill was not considered.

 

H.B. 258         Employee Classification Amendments (Rep. S. Chew)

 

This bill was not considered.

 

S.B. 66            Unauthorized Activity on State Land (Sen. M. Dayton)

 

This bill was not considered.

 

1st Sub. S.B. 89         Aquatic Invasive Species Fee (Sen. S. Jenkins)

 

This bill was not considered.

 

 MOTION:      Rep. Powell moved to adjourn the meeting. The motion passed unanimously with Rep. Briscoe absent for the vote.

 

Chair Perry adjourned the meeting at 9:50 a.m.

 

 

 

 


 

Lee B. Perry, Chair