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Water:
Water Rights Forfeiture Protection

Our Position: support
Bill Number: hb51s2
Sponsor: Rep Patrick Painter (R-Nephi)
Legislative Session: 2008 General Session

Status

After the meeting of the House Natural Resources, Agriculture and Environment Committee on Fri, 25 January, Rep Painter decided to incorporate proposed changes in the second substitute of the bill.  He introduced it on January 31st.  The substitute bill was reported out of the natural resources committee on a 12-3-0 vote the same day.

Painter accepted a trifling amendment to the wording when the bill received its 3rd reading (vote) in the house on February 11th.  It passed the house on a 67-6-2 vote.

HB51S2 was reported favorably to the full senate by the Senate Natural Resources, Agriculture and Environment Committee on February 18th on a 6-0-1 vote.  Members are listed below.  Please feel free to call or e-mail to thank members of the committee.

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Background

Rep Patrick Painter (R-Nephi) has introduced legislation, Water Right Forfeiture Protection, filed as HB 51, that would protect municipalities that have had the foresight to acquire water rights sufficient to meet current demands and likely growth in demand over the next thirty years. Rather than having to re-apply for a non-use waiver every five years, Painter’s legislation would reduce the paperwork and uncertainty for municipal water supply planners.

When municipalities implement strong water conservation programs, current water law makes it theoretically possible for the municipality to lose the water conserved.  Current water law operates under the principle, "Use it or lose it."  This perverse incentive encourages wasteful uses of water at many levels.  Painter's bill irons out some of the worst and most paradoxical aspects of current law.

As climate change diminishes snowpack and increases evaporation from reservoirs, currently bountiful water sources might diminish too. Now is the time to make sure municipal water supplies are legally protected against frivolous forfeiture. And, one might add, from sediment, pollution and run-off too, but that’s a separate issue. Painter’s legislation would bring Utah’s code into harmony with many other western states.