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NATURAL RESOURCES, AGRICULTURE, & ENVIRONMENT STANDING COMMITTEE
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. Phil Riesen
Rep. Christine Watkins
Rep. Ryan D. Wilcox
Rep. Bill Wright
Members Absent: Rep. Brad Dee
Staff Present: Brian Allred, Policy Analyst
Dora Soto, Committee Secretary
Note: List of visitors and a copy of handouts are filed with committee minutes
Rep. Barrus called the meeting to order at 8:07 a.m.
MOTION: Rep. Hendrickson moved to approve the minutes of February 19, 2010 and February 23, 2010 meetings. The motion passed unanimously with Rep. Draxler, Rep. Gowans, Rep. Noel, Rep. Mathis and Rep. Wilcox absent for the vote.
MOTION: Rep. Gibson moved to correct the minutes of February 19, 2010 as follows:
"Sterling Brown spoke in favor of H.B. 309"
The motion to correct the minutes of February 19, 2010 passed unanimously.
H.B. 171 Water Rights Revisions (Rep. K. Gibson)
MOTION: Rep. Painter moved to amend the bill as follows;
1. Page 2, Lines 47 through 50 :
47 (ii) In making a determination under Subsection (2)(c)(i), the state engineer shall
{
48 consider water to have been reasonably applied to beneficial use if the lack of use is protected
49 from abandonment or forfeiture by Section 73-1-4 or otherwise excused by law. }
:
(A) presume that the water right has been used to its full extent;
(B) consider the water right to have been used to its full extent if beneficial use is not required by Section 73-1-4 or otherwise excused by law; and
(C) not consider any unapproved quantity of water in connection with the change application proceeding to be forfeited or abandoned.
(iii) Any quantity of water not approved in connection with a change application proceeding remains valid for use in accordance with the previously approved water right.
50 (3) A person entitled to use water shall change a point of diversion, place of use, or
The motion to amend the bill passed unanimously with Rep. Draxler, Rep. Gowans, Rep. Noel, Rep. Mathis and Rep. Wilcox absent for the vote
Rep. Gibson explained the bill to the committee as amended, assisted with Kent Jones, State Engineer, Water Rights.
Spoke in favor of the bill: Mark Stratford, Director, Ogden City
Allen Jensen, Attorney, Utah League of Cities and Towns
Spoke in opposition to the bill: Gary Crane, Attorney, Utah League of Cities and Towns
Mike Styler, Director , Department of Natural Resources
Jodi Hoffman, Lobbyist, Utah League of Cities and Towns
Alita Taylor, South Jordan City Council
MOTION: Rep. Mathis moved to pass the bill with a favorable recommendation.
SUBSTITUTE
MOTION: Rep. Hendrickson moved to move to the next item on the agends.. The motion failed with Rep. Hendrickson, Rep. Painter, Rep. Riesen Rep. Watkins voting in favor of the motion and Rep. Draxler, Rep. Gowans, and Rep. Noel absent for the vote.
The original motion to pass the bill with a favorable recommendation passed with Rep. Hendrickson, and Rep. Riesen voting in opposition.
H.J.R. 1 Joint Resolution Amending Provision on Municipal Water Rights (Rep. K. McIff)
Rep. McIff explained the bill to the committee.
Spoke in opposition to the bill: Allen Jensen, Confederation and Constitution Ratification
Rep. Ben Ferry, House of Representatives
MOTION: Rep. Gibson moved to go to the next item on the agenda. .
SUBSTITUTE
MOTION: Rep Noel moved to pass the bill with a favorable recommendation. The motion failed with Rep. Hendrickson, Rep. Noel, and Rep. Painter voting in favor of the motion and Rep. Riesen absent for the vote.
The original motion of Rep. Gibson passed with Rep. Noel, Rep. Painter voting in opposition and Rep. Riesen absent for the vote.
H.B. 314 Water Rights Addendums to Deeds (Rep. B. Ferry)
MOTION: Rep. Mathis moved to replace H.B. 314 with 1st Substitute H.B. 314
The motion passed unanimously with Rep. Gowans and Rep. Riesen absent for the vote.
Rep. Ferry explained the bill to the committee, assisted with Rep. Curt Webb, State of Utah.
Spoke in favor of the bill: Mike Styler, Director, Department of Natural Resources
Boyd Clayton, Deputy State Engineer, Water Rights
Chris Kyler, Attorney, Utah Association of Realtors
Alita Taylor, South Jordan City Council
Cort Ashton, President, Utah Land & Title
Mike Styler, Director, Department of Natural Resources
Spoke in opposition to the bill: Richard Maughn, Davis County Recorder
MOTION: Rep. Noel moved to pass 1st substitute H.B. 314 with a favorable recommendation. The motion passed unanimously with Rep. Gowans
and Rep. Riesen absent for the vote.
H.J.R. 26 Joint Resolution Approving Water Rights Addendum Form (Rep. B. Ferry)
MOTION: Rep. Hendrickson moved to replace HJR26 with 1st Substitute HJR26
The motion passed unanimously with Rep Gowans, and Rep. Riesen absent for the vote.
Rep. Ferry explained the bill to the committee.
MOTION: Rep. Wilcox moved to pass the bill with a favorable recommendation. The motion passed unanimously with Rep. Gowans,and Rep. Riesen absent for the vote.
H.C.R. 14 R.S. 2477 Historic Roads Concurrent Resolution (Rep. M. Noel)
Rep. Noel explained the bill to the committee.
Spoke in favor of the bill: Redge Johnson, Citizen
MOTION: Rep. Painter moved to pass the bill with a favorable recommendation. The motion passed unanimously with Rep. Gowans and Rep. Riesen absent for the vote.
MOTION: Rep. Gibson moved to place the bill on the Consent Calendar. The motion passed unanimously with Rep. Gowans and Rep. Riesen absent for the vote.
1st Sub. S.B. 32 Rainwater Harvesting (Sen. S. Jenkins) (Rep. P. Painter)
Rep. Jenkins explained the bill to the committee.
Spoke in favor of the bill: John Sparaho, President, AIA
MOTION: Rep. Brown moved to pass the bill with a favorable recommendation. The motion passed unanimously with Rep. Noel and Rep. Riesen absent for the vote.
MOTION: Rep. Mathis moved to adjourn. The motion passed unanimously with Rep. Noel and Rep. Riesen absent for the vote.
Rep. Barrus adjourned the meeting at 10:00 a.m.
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