Senator Ralph Okerlund has introduced Senate Bill 109 (S.B. 109), entitled "Change Application Procedure." This bill is similar to S.B. 187 from 2012, and is intended to make changes in response to the the Salt Lake City v. Big Ditch case and the Jensen v. Jones case. The bill seeks to better define who is permitted to file a change application. The other major purpose of the bill is to give the State Engineer statutory authority to act as a "gatekeeper" and consider nonuse in the context of a change application. Essentially, it allows the State Engineer to limit the approval of a change application to the amount of water that has been beneficially used in the past seven years.
This bill has produced a lot of discussion and proposed amendments. Accordingly, it is likely that this bill will see several amendments if it is to get passed by both the Senate and the House.
To read the full text of the bill, click here.
For an update on this bill, click here.
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