Link to Zipped WordPerfect Minutes 11K bytes

CORRECTED
MINUTES OF THE HOUSE

NATURAL RESOURCES, AGRICULTURE, & ENVIRONMENT STANDING COMMITTEE

Room W125, West Office Building, State Capitol Complex

January 29, 2008


Members Present:    Rep. Roger E. Barrus, Chair
    Rep. Kerry Gibson, Vice Chair
    Rep.     Sylvia Andersen
    Rep. Mel Brown
    Rep. Glenn Donnelson
    Rep. Jack Draxler
    Rep. Carl Duckworth     Rep. James Gowans
    Rep. Neal Hendrickson
    Rep. John Mathis
    Rep. Mike Noel
    Rep. Patrick Painter
    Rep. Phil Riesen
    Rep. Steve Sandstrom
    Rep. Richard Winn     
Staff Present:    Brian Allred, Policy Analyst
            Carrie Griffith, Committee Secretary
    
Note:        List of visitors and a copy of handouts are filed with committee minutes

Rep. Gibson called the meeting to order at 2:05 p.m.

MOTION:    Rep. Hendrickson moved to approve the minutes of the January 25, 2008 meeting. The motion passed unanimously with Rep. Brown, Rep. Donnelson, Rep. Draxler, Rep. Duckworth, Rep. Gowans, Rep. Noel and Rep. Winn absent for the vote

H.B. 40    Safe Drinking Water Revisions (Rep. S. Andersen)

MOTION:    Rep. Andersen moved to delete in title and body H.B. 40 and replace it with lst Sub. H.B. 40. The motion passed unanimously with Rep. Brown, Rep. Duckworth, Rep. Gowans and Rep. Winn absent for vote.

Rep. Andersen, assisted by Paul Ashton, General Manager White City Water Improvement District, explained the bill to the committee. (handouts)


Spoke for the bill:    Dale Pierson, Executive Director Rural Water Association of Utah            
            Art Kimball, Vice Chair White City Water Improvement District
            Lynn Pace, Salt Lake City Department of Public Utilities
            Kate Johnson, Manager Division of Drinking Water

MOTION:    Rep. Riesen moved to pass the bill out favorably as substituted.

SUBSTITUTE
MOTION:    Rep. Noel moved to proceed to the next item on the agenda. The motion passed unanimously with Rep. Brown and Rep. Donnelson absent for the vote.

Rep. Gibson relinquished the chair to Rep. Barrus.

H.B. 125    Department of Agriculture and Food Amendments (Rep. K. Gibson)

MOTION:    Rep. Gibson moved to delete in title and body H.B. 125 and replace it with 1st Sub. H.B. 125. The motion passed unanimously with Rep. Donnelson and Rep. Hendrickson absent for the vote

Rep. Gibson explained the bill to the committee.

Spoke to the bill:    Kyle Stevens, Deputy Commissioner Utah Agriculture & Food

MOTION:    Rep. Duckworth moved to pass the bill out favorably as substituted. The motion passed unanimously with Rep. Donnelson and Rep. Hendrickson absent for the vote.

Rep. Gibson resumed the chair. Rep. Barrus was excused for the remainder of the meeting.

H.B. 104    Urban Trails Appropriation (Rep. K. Holdaway)

MOTION:    Rep. Painter moved to delete in title and body H.B. 104 and replace it with 1st Sub H.B. 104. The motion passed unanimously with Rep. Donnelson and Rep. Hendrickson absent for vote.

Rep. Holdaway, assisted by Julie Peck-Dabling, Utah Recreational Trails and Advisory Council, explained the bill to the committee.

Spoke to the bill:    Mark Johnson, Ogden City
            Helene Liebman, Exec. Weber Pathways
            Chip Dawson, City of South Jordan


        

MOTION:    Rep. Noel moved to amend 1st Sub. H.B. 104 as follows:

1.    Page 1, Lines 12 through 14 :    

             12          .    defines an urban trail as a trail located in a county of the first or second class;
{   and   }

             13          .    establishes an ongoing appropriation of
{   $500,000   }        $250,000       to the Department of Natural

             14      Resources for grants to plan and develop urban trails
{   .   }        ; and

    . establishes a one-time appropriation of $250,000 to the Department of Natural Resources for grants to plan and develop urban trails.  


2.    Page 1, Line 17 :    

    
  . $250,000 from the General Fund for fiscal year 2008-09 only to the Department of Natural Resources for grants to plan and develop urban trails; and      

             17          .    as an ongoing appropriation, subject to future budget constraints,
{   $500,000   }        $250,000       to the


3.    Page 2, Lines 42 through 43 :    

             42          (1)
  (a) There is appropriated $250,000 from the General Fund for fiscal year 2008-09 only to the Department of Natural Resources.

    (b)  
As an ongoing appropriation subject to future budget constraints, there is

             43      appropriated from the General Fund for fiscal year 2008-09,
{   $500,000   }        $250,000       to the Department of


The motion passed, with Rep. Duckworth and Rep. Draxler voting in opposition.

MOTION:    Rep. Brown moved to pass the substituted bill out favorably as amended. The motion passed unanimously with Rep. Barrus absent for the vote.

H.B. 143    Administration of Interstate Water (Rep. M. Brown)

Rep. Brown, assisted by Jerry Olds, Director Division of Water Rights, explained the bill to the committee.


MOTION:    Rep. Hendrickson moved to pass the bill out favorably. Rep. Barrus was absent for vote.


S.B. 26    Fire Management Areas (Sen. M. Dayton) (Rep. M. Noel)

Sen. Dayton explained the bill to the committee.

MOTION:    Rep. Painter moved to the pass the bill out favorably. The motion passed unanimously with Rep. Barrus, Rep. Donnelson and Rep. Riesen absent for the vote.

MOTION:    Rep. Draxler moved to place the bill on the consent calendar. The motion passed unanimously with Rep. Barrus, Rep. Donnelson and Rep. Riesen absent for the vote.

H.B. 117    Instream Flow to Protect Trout Habitat (Rep. S. Sandstrom)

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


1.    Page 2, Lines 55 through 56 :    

             55          (2) (a) Any person entitled to
{   [   } the      {   ]   } use      {   [   } of      {   ]   } water may make      {   a   } permanent or temporary

             56     
{   [   } changes      {   ]   }      {   change   } in the:


2.    Page 3, Lines 79 through 86 :    

             79          
{   [   } (5) (a) The state engineer shall follow the same procedures, and the rights and duties

             80      of the applicants with respect to applications for permanent changes of point of diversion, place
             81      of use, or purpose of use shall be the same, as provided in this title for applications to
             82      appropriate water.
{   ]   }

             83          
{   (5) (a) (i) In considering a permanent change application, the state engineer shall

             84      follow the same procedures as provided in this title for an application to appropriate water.


             85          (ii) The rights and duties of a permanent change applicant are the same as provided in
             86      this title for an applicant to appropriate water.  
}


3.    Page 8, Lines 227 through 229 :    

             227          (ii) The state engineer may approve [extensions] an extension of time beyond 50 years
             228      for a public agency, if the public agency provides information
{   [   } sufficient to demonstrate      {   ]   }      {   that   }

             229     
{   shows   } the water will be needed to meet the reasonable future requirements of the public.


The motion passed unanimously with Rep. Barrus, Rep. Donnelson and Rep. Riesen absent for the vote.

Spoke for the bill:    Todd Bingham, Utah Farm Bureau Federation
            Jim Karpowitz, Director, Wildlife Resources
            Paul Dremann, Chairman, Fisheries Advisory Council
            Ed Kent, Utah Angler Coalition

MOTION:    Rep. Noel moved to pass the bill out favorably as amended. The motion passed unanimously with Rep. Barrus, Rep. Donnelson, Rep. Hendrickson and Rep. Riesen absent for the vote.

MOTION:    Rep. Brown moved to adjourn.

Rep. Gibson adjourned the meeting at 3:42 p.m.




                ____________________________
                Rep. Roger E. Barrus, Chair