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MINUTES OF THE HOUSE

NATURAL RESOURCES, AGRICULTURE, & ENVIRONMENT STANDING COMMITTEE

Room W125, West Office Building, State Capitol Complex

January 27, 2005



Members Present:    Rep. Roger E. Barrus, Chair
    Rep. Michael E. Noel, Vice Chair
    Rep.     Jackie Biskupski
    Rep. Craig W. Buttars
    Rep. David N. Cox
    Rep. Margaret Dayton
    Rep. Carl W. Duckworth
    Rep. James R. Gowans     Rep. Bradley T. Johnson
    Rep. John G. Mathis
    Rep. Patrick L. Painter
    Rep. David Ure
    Rep. Mark W. Walker
    Rep. Mark A. Wheatley
    Rep. Richard Wheeler
    
    
Staff Present:    Brian Allred, Policy Analyst
            Linda Error, Committee Secretary
            Jeanenne Larson, Associate General Counsel
            Chris Parker, Associate General Counsel

Visitors List:        List filed with Committee Minutes

Rep. Barrus called the meeting to order at 8:06 a.m.

MOTION:    Rep. Gowans moved to approve the minutes of the January 21, 2005 meeting. The motion passed unanimously, with Rep. Buttars, Rep Johnson, Rep. Ure, Rep. Wheatly, and Rep. Noel absent for the vote.

H.B. 29    State Engineer's Powers and Duties Amendments (Rep. D. Clark)

Rep. D. Clark explained the bill with the assistance of Jerry Olds, State Engineer.

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

1.    Page 2, Lines 33 through 37 :    

             33          (3)
{   [   } (a)      {   ]   } The state engineer shall      {   :   }


             34
         
{   (a)   } be responsible for the general administrative supervision of the waters of the state

             35      and the measurement, appropriation, apportionment, and distribution of those waters[.]; and
             36          (b)
  the state engineer may       secure the equitable apportionment and distribution of the water according to the

             37      respective rights of appropriators.

The motion to amend passed unanimously, with Rep. Noel absent for the vote.

Spoke for the bill:    Fred Finlinson, Utah Water Coalition

MOTION:    Rep. Gowans moved to pass the bill out favorably as amended. The motion passed unanimously, with Rep. Noel absent for the vote.

H.B. 38    Water Law - Criminal Penalties Amendments (Rep. B. Ferry)

Rep. Ferry explained the bill with the assistance of Jerry Olds, State Engineer.

MOTION:    Rep. Ure moved to delete in title and body H. B. 38 and replace it with 1st Substitute H.B. 38. The motion passed unanimously, with Rep. Noel absent for the vote.

Spoke for the bill:    Fred Finlinson, Utah Water Coalition
Spoke to the bill:    Paul Boyden, Executive Director, State Association of Prosecutors Lynn Pace, Deputy Salt Lake City Attorney

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

1.    Page 4, Lines 100 through 112 :    

             100          (2) Under circumstances not amounting to an offense with a greater penalty under
             101      Subsection 76-6-106 (2)(b)(ii) or Section 76-6-404 , violation of a provision listed in Subsection
             102      (1) is punishable:
             103          (a) as a felony of the third degree if:
             104          (i) the value of the water diverted or property damaged or taken is $2,500 or greater;
             105      and


             106          (ii) the person violating the provision has previously been convicted of
{   a provision

             107      listed in Subsection (1)  
}
  violating the same provision       ;

             108          (b) as a class A misdemeanor if:
             109          (i) the value of the water diverted or property damaged or taken is $2,500 or greater; or
             110          (ii) the person violating the provision has previously been convicted of
{   a provision

             111      listed in Subsection (1)  
}
  violating the same provision       ; or

             112          (c) as a class B misdemeanor if Subsection (2)(a) or (b) do not apply.

The motion to amend passed unanimously, with Rep. Cox absent for the vote.

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

1.    Page 11, Lines 312 through 315 :    

             312          (6) Except as provided in Subsection
{   73-2-29   } (2), a person who knowingly or

             313      intentionally relocates any natural stream channel, or alters the bed or bank of any natural
             314      stream channel without first obtaining the written approval of the state engineer is guilty of a
             315      crime punishable under Section 73-3-27 .

The motion to amend passed unanimously, with Rep. Cox absent for the vote.

MOTION:    Rep Ure moved to amend the bill as follows:

1.    Page 9, Lines 243 through 250 :    

             243          73-3-26. Violations -- Penalty.
             244          (1) Any person[, firm, copartnership, association, or corporation] drilling a well or
             245      wells in the state or who advertises or holds himself
{   or itself   } out as a well driller, or who

             246      follows such business, without first having obtained a
{   well permit, license, or well driller bond   }        license      

             247      as provided by this act or who drills a well or wells after revocation or expiration of his
{   well


             248
     permit, license, or well driller bond   }
  license       theretofore issued, [or who drills a well or wells in

             249      violation of the rules and regulations] is guilty of a [class B misdemeanor] crime punishable
             250      under Section 73-2-27 .

The motion to amend passed unanimously.

MOTION:    Rep. Johnson moved to pass the bill out favorably as amended. The motion passed unanimously.

H.B. 157    Water Enforcement Procedures and Penalties (Rep. D. Ure)

Rep. Ure explained the bill with the assistance of Chris Parker, Associate General Counsel, Office of Legislative Research and General Counsel.

Spoke to the bill:    Gary Thorup, Holmes, Roberts, and Owens Law Office

Spoke for the bill:    Heather Schilton, Assistant Attorney General Fred Finlinson, Utah Water Coalition
            Michael Styler, Director, Department of Natural Resources
            Jerry Olds, State Engineer

MOTION:    Rep. Dayton moved to pass the bill out favorably. The motion passed unanimously.

H.B. 224    Permanent Community Impact Fund - Board Membership (Rep. J. Mathis)


This bill was not considered in this meeting.

MOTION:    Rep. Dayton moved to adjourn the meeting. The motion passed unanimously.

Rep. Barrus adjourned the meeting at 9:49 a.m.



    
                    _________________________
    Rep. Roger E. Barrus, Chair