EXECUTIVE WATER TASK FORCE

Overview

May 2, 2017

Auditorium, Natural Resources Building

1:30 PM

Task Force Members:

Mike Styler, Department of Natural Resources

Ed Bowler, Washington County Water Conservancy District

Sterling Brown, Utah Farm Bureau

John Mabey, Mabey, Wright & James

Steve Clyde, Clyde Snow and Sessions

Mark Stratford, Ogden City/ULCT

Warren Peterson, Farmland Reserve

Craig Johansen, Emery Water CD

Dale Pierson, Rural Water Association of Utah

Calvin Crandall, UT Assoc. of Irrigation and Canal Co.

Gawain Snow, Uintah Water CD

Ex-Officio’s:

Kent Jones, Div. of Water Rights

Norman Johnson, Attorney General’s Office

Boyd Clayton, Div. of Water Rights

Guests:

Senator Jani Iwamoto, UT LegislatureRusty Vetter, Salt Lake City

Marianne Burbidge, Div. of Water RightsBlake Bingham, Div. of Water Rights

Carly Castle, Salt Lake CityBen Jensen, Attorney General’s Office

Greg Greathouse, Waddingham & Assoc.Peter Gessel, UDAF

Andy Rasmussen, Trout UnlimitedCharles Holmgren, Bear River Canal Co.

Paul Ashton, WCWIDChris Kane, UACD

Rich Tullis, CUWCDNathan Bracken, Smith Hartvigsen

Grant Cooper, LDS ChurchAlan Packard, Jordan Valley Water CD

Josh Brown, Rio TintoScott Lilja, Fabian VanCott

Allison Parks, Salt Lake CityMelissa Reynolds, Attorney General’s Off. Jody Williams, Holland & Hart Steve Vuyovich, Holland & Hart

Eric Franson, Franson EngineeringJared Hansen, CUWCD

Chris Elison, CUWCDMarlin Sundberg, Holliday Water Co.

Wendy Crowther, Parsons BehleChris Bramhall, Kirton McConkie

Darien Alcorn, Sandy CityScott Martin, Snow, Christensen, Martineau

Welcome and Introduction

  • Mike Styler welcomed the group and each attendee to introduce themselves. Mike also excused Tage Flint, Voneen Jorgensen and Dave Decker.

II. Suggestions for Future Agenda Items

  • Steve Clyde – Public Welfare 73-3-8, criteria for Application Approval
  • Norman Johnson – Sen. VanTassell would like to ratify 1990 Ute Compact – Also invite Ute Tribe to this discussion
  • Sterling Brown – Water Development Comm., Livestock water rights on public lands
  • Mike Styler thanked Nathan Bracken for the right-up by his law partner on the Legislative Bills.

IV. Suggestions for Senator Hinkins Canal Relocation

  • Mike Styler explained the work group for discussion on the Senator Hinkins bill. This group will consist of Ed Bowler, Steve Clyde, Warren Peterson, Calvin Crandall, and Mark Stratford. They will meet with 4 others, led by Mike Ostermiller, to discuss.

II. Additional Suggestions for Future Agenda Items

  • Paul Ashton – 2 year exemption on why Water Companies are exempt, we need to pass bill to remove the sunset.
  • Steve Clyde – Water Banking / Split Season
  • Warren Peterson – Banking Councils – Watershed Councils (Stakeholders), under the supervision of the SEng Office. Much like the Colorado Council.
  • Warren Petersen gave an update on Gov. Herbert initiative –

7/19/17 – Results to Governor Herbert

**This should be updated and introduced to this Task Force for a full meeting and report after that date.

III. Legislative direction to study In Stream Flow

  • Senator Iwamoto discussed lines 34-36 requiring a Task Force Study
  • After a group discussion the following were asked to meet and proceed with discussion and drafting:

Warren PetersonChris Bramhall

Scott MartinRep. Tim Hawkes

John MabeySteve Clyde

Peter GesselSterling Brown

Calvin CrandallJody Williams

Nathan BrackenPaul Ashton

Andy Rasmussen

  • Senator Iwamoto will forward a date, time and location of the meeting and it will be forwarded to the above guests.

V. Suggestions for other Water Agenda Items

  • Boyd Clayton proposed the following items for EWTF Study:
  • Deed writers for recorder’s assessments
  • Rules on Duty (approved by EWTF) tied to beneficial use
  • Fund for Dam Safety Inspector – Fee for inspection
  • Reinstatement of small lapsed applications – discussion
  • Contention – require telemetry data – need statute?
  • Appurtenance on change apps – what land?
  • Augmentation Plans? Need in statute

Rank top 5 – Complete list to be sent by Mike Styler and Kaelyn Anfinsen to group

VI. Clarification to General Adjudication Statute

  • John Mabey discussed the success of the Special Master and noted he is moving in a rapid progression with the hopes of a year-end pace.
  • Blake Bingham gave some statistics as they started with 200 objections and now 50 have been dismissed vs. 9 dismissals as usual.
  • John is also seeking clarification on addendums as previously started during our last session.
  • He was given EWTF support to convene the same committee to continue this work.

VII. Other Items for Discussion

  • Mike Styler explained the Sales Tax bill:
  • 1/16 cent was for water diversion – 94% to WResources and 6% to WRights
  • With the Tax growth and Sen. Dayton’s new bill the split is now 85% for WResources and 15% for WRights – Adjudication
  • Sen. Dayton also ran a Water Development Committee bill:
  • This turned the committee into a Legislative only committee
  • EWTF attendees were encouraged to attend and support the group
  • Rich Tullis of CUWCD announced changes that Central Utah WCD is considering:
  • Possible Water Banking for future needs
  • Something that will work for everyone with the anticipated 1million population growth
  • Rich also announced the 1st Annual Utah Lake Summit on May 23, 2017:
  • This will take place at Utah Valley Convention Center from 10 am to 2 pm. For more information call 801-226-7100
  • This summit will discuss everything from water quality to supply.
  • John Mabey also noted Pacificorp is operating Bear River System different than in Bear Lake.
  • Jody Williams noted the meeting on Bear Lake that will take place in late summer and she will distribute a notice and comment opportunity to all.
  • A TAPE RECORDING IS AVAILABLE UPON REQUEST OF THE 5/2/2017 EWTF MEETING FOR COMPLETE CONTENT.

The next Executive Water Task Force Meeting was scheduled for Monday, May 22, 2017 at 2:00 PM and will be held in the DNR Auditorium. Meeting Adjourned