Representative V. Lowry Snow has introduced House Bill 25 (HB 25), entitled "Water Law - Application Revisions." This bill is in response to the 2011 Utah Supreme Court
ruling in the Jensen v. Jones case
that concluded that the State Engineer did not have statutory authority to use
the prior non-use of water as a reason to reject a change application or reduce
the amount of water approved under a change application. This bill seeks to give the State Engineer
express statutory authority to do so, subject to certain procedures and
limitations. This bill is the product of
a small group of stakeholders that got together after attempts to pass such
legislation failed in 2012, 2013, and 2014 for a variety of different
reasons. The members of that group were
the General Managers of Central Utah, Jordan Valley, Washington, and Weber
Basin Water Conservancy Districts, along with representatives from the Farm
Bureau and the League of Cities and Towns.
The bill allows a person filing a change application to have
a private, non-binding discussion with the State Engineer on any potential
issue, including non-use, before filing the change application. The bill then provides the State Engineer a
90-day window after a change application is filed to give the applicant notice
of any concerns he may have regarding non-use and the resulting impact (defined
in terms of “quantity impairment”) that the proposed change may have on one or
more specifically identified water rights.
If the State Engineer gives such notice, or if a timely protest is filed
alleging quantity impairment because of the unexcused non-use of water, then
the applicant has the burden of proving that quantity impairment will not occur
and the State Engineer may reject the change application or reduce the amount
approved to the extent that such quantity impairment is likely to occur. The bill also reorganizes the application to
appropriate and change application statutes and makes some minor technical changes
to the wording.
To read the full text of the bill as introduced, click here.
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