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NATURAL RESOURCES, AGRICULTURE, & ENVIRONMENT STANDING COMMITTEE
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
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[
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[
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
}
248
license
theretofore issued, [or who drills a
well or wells in
249
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.
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