H.J.R. 4 Joint Resolution on Water Infrastructure Transfer

Bill Sponsor:

Rep. McKell, Michael K.
Floor Sponsor:

Sen. Henderson, Deidre M.
  • Drafting Attorney: RuthAnne Frost
  • Fiscal Analyst: Gary K. Ricks




  • Information
    • Last Action: 8 Mar 2016, House/ to Lieutenant Governor
    • Last Location: Lieutenant Governor's office for filing
    • Effective Date: 4 Mar 2016


H.J.R. 4

1     
JOINT RESOLUTION ON WATER INFRASTRUCTURE TRANSFER

2     
2016 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Mike K. McKell

5     
Senate Sponsor: Deidre M. Henderson

6     

7     LONG TITLE
8     General Description:
9          This joint resolution of the Legislature urges Utah's congressional delegation to support
10     the efforts of Utah water users organizations to secure title transfer of project works and
11     project water rights free from terms and conditions that were not contemplated at the
12     time of the repayment contracts.
13     Highlighted Provisions:
14          This resolution:
15          ▸     calls upon Utah's congressional delegation to support Utah water users
16     organizations that have repaid, or wish to repay, reclamation projects to secure title
17     transfer of project works and project water rights free from terms and conditions
18     that were not contemplated at the time of the repayment contracts.
19     Special Clauses:
20          None
21     

22     Be it resolved by the Legislature of the state of Utah:
23          WHEREAS, Utah Code Subsection 73-1-1(1) states, "All waters in this state, whether
24     above or under the ground, are hereby declared to be the property of the public, subject to all
25     existing rights to the use thereof";
26          WHEREAS, California v. United States, 438 U.S. 645, 653 (1978), states that, "The
27     history of the relationship between the Federal Government and the States in the reclamation of
28     the arid lands of the Western States is both long and involved, but through it runs the consistent
29     thread of purposeful and continued deference to state water law by Congress";

30          WHEREAS, pursuant to Section 8 of the Reclamation Act of 1902, state law governs
31     the distribution of water from a reclamation project, except as expressly stated by Congress;
32          WHEREAS, water rights for reclamation projects were acquired pursuant to state law;
33          WHEREAS, Utah Code Section 73-1-3 states, "Beneficial use shall be the basis, the
34     measure and the limit of all rights to the use of water in this state";
35          WHEREAS, the future of the state of Utah depends upon the proper and economical
36     administration of water rights and the proper and economical distribution and use of water;
37          WHEREAS, water rights can be best and most economically administered by the local
38     water users that are subject to state law and most accountable to the local water users;
39          WHEREAS, the United States Congress has always anticipated that, upon repayment,
40     reclamation projects would be transferred to the local water users;
41          WHEREAS, water users organizations in Utah have sought, are seeking, and will
42     continue to seek title transfer of water projects from Congress, including title to the Strawberry
43     Valley Project, the Moon Lake Project, the Emery County Project, the Sanpete Project, and the
44     Provo River Project; and
45          WHEREAS, transferring title to the Strawberry Valley project, Moon Lake, Emery
46     County, Sanpete, and Provo River water projects to the appropriate local water users in Utah
47     will facilitate the proper and economical administration of water rights and the proper and
48     economical distribution of water as contemplated by the Legislature of the state of Utah and
49     Congress:
50          NOW, THEREFORE, BE IT RESOLVED that the Legislature of the state of Utah calls
51     upon Utah's congressional delegation to support local water users' efforts to secure title transfer
52     of project works when interests of local irrigation companies, water districts, and cities are
53     considered.
54          BE IT FURTHER RESOLVED that a copy of this resolution be sent to the Majority
55     Leader of the United States Senate, the Speaker of the United States House of Representatives,
56     the United States Bureau of Reclamation, the local Utah Water Users, the Utah Department of
57     Natural Resources, the State Engineer, and the members of Utah's congressional delegation.
Bill Status / Votes
• Senate Actions • House Actions • Fiscal Actions • Other Actions
DateActionLocationVote
1/14/2016 Bill Numbered but not DistributedLegislative Research and General Counsel
1/14/2016 Numbered Bill Publicly DistributedLegislative Research and General Counsel
1/20/2016 House/ received bill from Legislative PrintingClerk of the House
1/25/2016 House/ 1st reading (Introduced)House Rules Committee
2/15/2016 LFA/ bill sent to agencies for fiscal inputHouse Rules Committee
2/16/2016 House/ to Printing with fiscal noteHouse Natural Resources, Agriculture, and Environment Committee
2/23/2016 House/ to standing committeeHouse Natural Resources, Agriculture, and Environment Committee
2/24/2016 House Comm - Substitute RecommendationHouse Natural Resources, Agriculture, and Environment Committee
2/24/2016 House Comm - Amendment RecommendationHouse Natural Resources, Agriculture, and Environment Committee
2/24/2016 House Comm - Favorable RecommendationHouse Natural Resources, Agriculture, and Environment Committee11 0 3
2/24/2016 House Comm - Consent Calendar RecommendationHouse Natural Resources, Agriculture, and Environment Committee
2/24/2016 (12:05:27 PM)House/ comm rpt/ substitute/ amended/ Consent CalHouse Natural Resources, Agriculture, and Environment Committee
2/24/2016 (12:05:28 PM)House/ 2nd readingHouse Consent Calendar
2/26/2016 (10:48:46 AM)House/ 3rd readingHouse Consent Calendar
2/26/2016 (10:49:09 AM)House/ circledHouse Consent CalendarVoice vote
2/26/2016 (10:57:47 AM)House/ uncircledHouse Consent CalendarVoice vote
2/26/2016 (11:00:42 AM)House/ passed 3rd readingSenate Secretary69 0 6
2/26/2016 (11:00:44 AM)House/ to SenateSenate Secretary
2/26/2016 Senate/ received from HouseWaiting for Introduction in the Senate
2/26/2016 Senate/ 1st reading (Introduced)Senate Rules Committee
2/26/2016 Senate/ lifted from RulesSenate Rules Committee
2/26/2016 Senate/ to standing committeeSenate Natural Resources, Agriculture, and Environment Committee
2/29/2016 Senate Comm - Favorable RecommendationSenate Natural Resources, Agriculture, and Environment Committee5 0 2
2/29/2016 Senate Comm - Consent Calendar RecommendationSenate Natural Resources, Agriculture, and Environment Committee
3/1/2016 (10:18:32 AM)Senate/ comm rpt/ placed on Consent CalendarSenate Natural Resources, Agriculture, and Environment Committee
3/1/2016 (10:18:33 AM)Senate/ 2nd readingSenate Consent Calendar
3/4/2016 (10:27:36 AM)Senate/ 3rd readingSenate Consent Calendar
3/4/2016 (10:28:48 AM)Senate/ passed 3rd readingSenate President23 0 6
3/4/2016 (10:28:49 AM)Senate/ signed by President/ returned to HouseHouse Speaker
3/4/2016 (10:28:50 AM)Senate/ to HouseHouse Speaker
3/4/2016 House/ received from SenateHouse Speaker
3/4/2016 House/ signed by Speaker/ sent for enrollingLegislative Research and General Counsel / Enrolling
3/7/2016 Bill Received from House for EnrollingLegislative Research and General Counsel / Enrolling
3/7/2016 Draft of Enrolled Bill PreparedLegislative Research and General Counsel / Enrolling
3/8/2016 Enrolled Bill Returned to House or SenateClerk of the House
3/8/2016 House/ enrolled bill to PrintingClerk of the House
3/8/2016 House/ to Lieutenant GovernorLieutenant Governor's office for filing