Members Present: Rep. Mike Noel, Chair
Rep. Doug Sagers, Vice Chair
Rep. Roger Barrus
Rep. Joel Briscoe
Rep. Mel Brown
Rep. Kay Christofferson
Rep. Jack Draxler
Rep. Becky Edwards
Rep. Steve Handy
Rep. Ken Ivory
Rep. John Mathis
Rep. Mike McKell
Rep. Merrill Nelson
Rep. Ryan Wilcox
Rep. Larry Wiley
Members Absent Rep. Susan Duckworth
Staff Present: Mr. J Brian Allred, Policy Analyst
Ms. An Bradshaw, Committee Secretary
Note: A list of visitors and handouts are filed with committee minutes
Chair Noel called the meeting to order at 8:13 a.m.
MOTION: Rep. Christofferson moved to approve the minutes of Feb. 20, 2013. The motion passed
unanimously with Rep. Edwards, Rep. Handy, Rep, Mathis, Rep. McKell, Rep. Nelson,
and Rep. Wilcox absent for the vote.
1st Sub. H.B. 124 Radiation Control Amendments (Rep. B. Dee)
Rep. Dee introduced the bill to the committee with the assistance of Ms. Amanda Smith, Executive
Director, Utah Department of Environmental Quality.
Spoke in opposition to the bill: Mr. Matt Pacenza, HEAL Utah
MOTION: Rep. Christofferson moved to pass the bill out favorably. The motion passed
unanimously with Rep. Handy, Rep. Mathis, Rep. McKell, and Rep. Wilcox absent for
the vote.
H.B. 142 Public Lands Policy Coordinating Office Amendments (Rep. R. Barrus)
Rep. Barrus introduced the bill to the committee with the assistance of Ms. Kathleen Clarke, Director,
Utah Public Lands Policy Coordination Office.
Spoke in favor of the bill: Mr. Michael Swenson, Utah Shared Access Alliance
MOTION: Rep. Ivory moved to pass the bill out favorably. The motion passed unanimously with
Rep. Mathis absent for the vote.
H.B. 123 Water Rights - Change Application Amendments (Rep. K. McIff)
Rep. McIff introduced the bill to the committee with the assistance of Mr. Craig Smith, attorney.
MOTION: Rep. McKell moved to amend the bill as follows:
1. Page
9, Lines 247 through 255
:
247
(1) For purposes of this section:
248
(a)
(i)
"Change applicant" means any of the following who seek to make a
permanent or
249
temporary change under Subsection (2)(a):
250
{
(i)
}
(A)
the record title owner of a water right;
251
{
(ii)
}
(B)
the holder of an approved but unperfected application to
appropriate water;
252
{
(iii)
}
(C)
a person, including a shareholder in a water company, who is
the equitable owner
253
and beneficial user of a water right, even if nominal legal title is held by another person;
or
254
{
(iv)
}
(D)
a person who has written authorization from a person described
in Subsection
255
(1)(a)(i)
(A)
,
{
(ii)
}
(B)
, or
{
(iii)
}
(C)
to file a change application
on that person's behalf.
(ii) "Change applicant" does not include a person who holds only a contract or
leasehold interest in a water right.
2. Page
17, Lines 501 through 502
:
501
(b) Nothing in this section
{
shall limit
}
limits
the authority of the state
engineer in evaluating
502
and processing a change application
{
.
}
, including the authority to allow a
shareholder or water company to submit additional relevant information, if the state
engineer allows adequate time and opportunity for the other party to respond.
3. Page
23, Lines 697 through 698
:
697
(8) Nothing in this section
{
shall limit
}
limits
the authority of the state
engineer in evaluating
698
and processing a change application
{
.
}
, including the authority to allow an
equitable owner or nominal title owner to submit additional relevant information, if
the state engineer allows adequate time and opportunity for the other party to
respond.
The motion to amend passed unanimously with Rep. Draxler, Rep. Ivory, and Rep. Mathis absent for the
vote.
Spoke in favor of the bill: Mr. Clifford Snow, citizen
Spoke to the bill: Mr. Kent Jones, State Engineer, Utah Division of Water Rights
Mr. Fred Finlinson, Utah Water Coalition
MOTION: Rep. Brown moved to hold the bill. The motion passed unanimously with Rep. Draxler,
Rep. Ivory, Rep. Mathis, and Rep. Wilcox absent for the vote.
Chair Noel relinquished the chair to Vice Chair Sagers.
H.C.R. 7 Concurrent Resolution on Federal Designation of Critical Habitat for Gunnison
Sagegrouse (Rep. M. Noel)
Rep. Noel introduced the resolution to the committee with the assistance of Mr. Bruce Adams and Mr.
Phil Lyman, San Juan County Commissioners.
MOTION: Rep. McKell moved to pass the resolution out favorably. The motion passed
unanimously with Rep. Draxler, Rep. Ivory, and Rep. Wilcox absent for the vote.
MOTION: Rep. Noel moved to adjourn the meeting. The motion passed unanimously with Rep.
Draxler, Rep. Ivory, and Rep. Wilcox absent for the vote.
Vice Chair Sagers adjourned the meeting at 9:59 a.m.