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MINUTES OF THE HOUSE

NATURAL RESOURCES, AGRICULTURE, & ENVIRONMENT STANDING COMMITTEE

Room C445, State Capitol, State Capitol Complex

February 25, 2010


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.


    
                    _________________________
    Rep. Roger E. Barrus, Chair