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MINUTES OF THE HOUSE

NATURAL RESOURCES, AGRICULTURE, & ENVIRONMENT STANDING COMMITTEE

Room C445, State Capitol, State Capitol Complex

March 2, 2009


Members Present:    Rep. Roger E. Barrus, Chair
    Rep. John Mathis, Vice Chair
    Rep. Mel Brown    
    Rep. Jack Draxler
    Rep. Kerry Gibson
    Rep. James Gowans
    Rep. Neal Hendrickson
    Rep. Mike Noel
    Rep. Patrick Painter
    Rep. Christine Watkins
    Rep. Ryan D. Wilcox
    Rep. Brad Winn

Members Absent:    Rep. Brad Dee
    Rep. Phil Riesen
    
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. Barrus called the meeting to order at 8:06 a.m.

MOTION:    Rep. Noel moved to approve the minutes of the February 26, 2009 meeting. The motion passed unanimously with Rep. Brown, Rep. Hendrickson, Rep. Wilcox and Rep. Winn absent for the vote.

S.B. 38    Severance Tax Amendments (Sen. J. Valentine) (Rep. J. Dougall)

Sen. Valentine explained the bill to the committee.

Rep. Mathis moved to delete S.B. 38 and replace it with 2nd Sub. S.B. 38. The motion passed unanimously with Rep. Wilcox and Rep. Winn absent for the vote.

Spoke for the bill:    Lee Peacock, Utah Petroleum Association
            Morris Jackson, Questar and Utah Taxpayers Association

MOTION:    Rep. Painter moved to pass out 2nd Sub. S.B. 38 favorably. The motion passed unanimously with Rep. Wilcox absent for the vote.



H.B. 389    Applications for a Small Amount of Water (Rep. P. Painter) (handout)

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

1.    Page 2, Line 37 :    

             37          (b) "Livestock water right"
{   is as defined in Section 73-3-31 .   }        means a right for:

     (i) livestock to consume water:
     (A) directly from the water source; or
     (B) from an impoundment into which the water is diverted; and
     (ii) associated uses of water related to the raising and care of livestock.  


The motion passed unanimously with Rep. Mathis absent for the vote.

Rep. Painter explained the bill to the committee.

Spoke for the bill:    Fred Finlinson, Utah Water Coalition
            Boyd Clayton, Utah Water Rights
            LeGrand Bitter, Utah Association of Special Districts

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

H.B. 383    Water Rights Adjudication Amendments (Rep. J. Gowans)

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

1.    Page 3, Lines 71 through 72 :    

             71          (b) hold a public meeting in the survey area to inform a
{   person diverting water from the

             72      water source  
}
  a water right claimant       of the survey.


2.    Page 4, Lines 105 through 107 :    

             105          (b) mail
  or deliver       a copy of the [same shall be mailed] report and proposed determination to

             106      each claimant with notice that any claimant dissatisfied [therewith] with the report and
             107      proposed determination may within 90 days from [such] the date of mailing
  or delivery       file with the clerk



The motion passed unanimously.

Rep. Gowans explained the bill to the committee.

Spoke for the bill:    Boyd Clayton, Utah Division of Water Rights
            Fred Finlinson, Utah Water Coalition
            LeGrand Bitter, Utah Association of Special Districts

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

H.B. 169    Public Lands Policy Coordination Amendments (Rep. M. Noel)

Rep. Noel explained the bill to the committee.

Spoke to the bill:    Chris Parker, Legislative Research and General Counsel
            John Harja, Public Lands Coordinating Council

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

H.B. 379    Environmental Litigation Bond (Rep. M. Noel)

Rep. Noel explained the bill to the committee.

Spoke against the bill:    Jason Groenwald
            Rachel Otto, Attorney

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

1st Sub. H.B. 256    Livestock Watering Rights Amendments (Rep. M. Noel)

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

1.    Page 3, Lines 75 through 77 :    

             75          (ii) "Public land" does not mean land owned by:
             76          (A) the Division of Wildlife Resources;
{   or   }

             77          (B) the School and Institutional Trust Lands Administration
{   .   }        or

    (C) the Division of Parks and Recreation.  


The motion passed unanimously.


Rep. Noel explained the bill to the committee.

Spoke to the bill:    Leonard Blackham, Commissioner Utah Agriculture and Food

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

MOTION:    Rep. Hendrickson moved to adjourn. The motion passed unanimously.

Rep. Barrus adjourned the meeting at 9:22 a.m.


    
                    _________________________
    Rep. Roger E. Barrus, Chair