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Water:
Instream Flow to Protect Trout Habitat

Our Position: support
Bill Number: HB117
Sponsor: Rep Stephen E. Sandstrom (R-Orem)
Legislative Session: 2008 General Session

HB117 is part of an on-going effort to protect instream flow in Utah. In 2007 the instream flow bill was run as SB29 and passed the senate but was defeated on the house floor. The vote was 36-32-7, three votes shy of a majority. This year they've added new qualifications and restrictions, such as requiring the director of the division of wildlife resources to sign off any water change application.

Status

Currently DWR and state parks are the only entities permitted to hold water rights exclusively for instream flow purposes.  For political and financial reasons, they have acquired very few water rights to date. 

Although it's frustrating that the new water rights established by this legislation would last for only 10 years, if passed, it would let non-profits into the game for the first time.  Similar legislation has been proposed, I believe, three times already and failed.  By limiting the duration of the water right change, the nature of the non-profits that can participate, and the benefiting fish species, this bill might raise few enough objections to pass.

                                                 Photo-Beavercreek, Utah

Action Needed

Sandstrom's bill passed the house on February 7th by a 65-0-10 vote.  Maybe we'll see this become law this year. 

HB117 was approved by the Senate Natural Resources, Agriculture and Environment on Thursday, 14 February, on a vote of 4-0-3.  It now moves to the senate floor.  The senators listed below are members of the committee.  Please consider contacting them to thank them for moving the bill forward.

Here are some points to make about HB 117:

1) This bill can make a difference for trout habitat in a way that's careful NOT to harm agriculture;

2) Instream flow is important for many other species from plants to deer and elk to birds; 

3) Water rights would be transferred only for 10 years and only after review by the state engineer and the DWR director.

Find your representative or senator with the district maps.

More information

Check out the amended text of HB 117.

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