EXECUTIVE WATER TASK FORCE BULLETS
May 31, 2011, 1:30 p.m.
Auditorium, Natural Resources Building
Task Force Members:
Mike Styler, Department of Natural Resources
Warren Peterson, Farmland Reserve, Inc.
Voneene Jorgensen, Bear River Water Conservancy District
Mark Stratford, Ogden City/Utah League of Cities and Towns
Dallin Jensen, Parsons, Behle & Latimer
Steve Clyde, Clyde Snow and Sessions
Gawain Snow, Uintah Water Conservancy District
Dale Pierson, Rural Water Association of Utah
Tage Flint, Weber Basin Water Conservancy District
Sterling Brown, Utah Farm Bureau
Merril Bingham, Provo City
Troy Rindlisbacher, Utah Irrigation Association
Ex-Officios:
Kent Jones, State Engineer
Boyd Clayton, Deputy State Engineer
Tracy Nuttall, Legislative Research & General Counsel
Norman Johnson, Attorney General’s Office
Mike Quealy, Attorney General’s Office
Dennis Strong, Division of Water Resources
Guests:
Ward Wagstaff, Attorney General’s Office Senator Margaret Dayton
Senator Kevin Van Tassell Representative Mike Noel
Jay Franson, Franson Civil Engineer Jodi Hoffman, Utah League of Cities & Towns
Fred Finlinson, Utah Water Coalition Chris Finlinson, Central Utah Water
Jared Parkinson, Water Law PC Craig Peterson, CAP Consulting
Lynn Pace, Salt Lake City Rusty Vetter, Salt Lake City Corporation
Scott Martin, Snow, Christensen & Martineau Marianne Burbidge, Division of Water Rights
Paul Ashton, WCWID Steve White, Big Ditch
David Hartvigsen, Smith Hartvigsen Alan Matheson, Office of the Governor
Greg Greathouse, DMADC Laura Swensen, Flitton & Swensen
Brad Shafer, Rocky Mountain Power Ken Bullock, ULCT
Claudia Conder, Pacificorp Carly Burton, Utah Water Users Association
Richard Bay, Jordan Valley Water Dan Davidson, Bear River Canal Co.
Todd Adams, Division of Water Resources Gene Shawcroft, Central Utah Water Cons. Dist.
Grant Cooper, LDS Church Justin Record, Bureau of Reclamation
Jonathan Jones, Bureau of Reclamation Harry Campbell, Dept. of Water Quality
Dave Robinson
I. Welcome and Introductions
· Mike Styler welcomed the group and introductions were made by each attendee.
· Condolences given to Richard Bay on the loss of his wife. Also, lost to the water community was Jerry Kinghorn who passed away this past weekend of cancer.
· Welcome to Senator Margaret Dayton who chairs the Water Development Commission. They are awaiting House members in order to set their first meeting date.
· Representative McIff was unable to attend today’s meeting so a meeting date was set for the next meeting, which will be June 21, 2012, at 12:00 – lunch will be provided by Central Utah Water Project, thanks to Chris Finlinson @CUWCD. We will meet in the DNR Auditorium.
II. Bills from previous Legislative Session
HB 369 – Ward Wagstaff
· Ward Wagstaff would like to make slight additions to this bill. He will write new
language and this bill will be brought to the Task Force at an upcoming meeting.
HB 368 – Mark Stratford
· Word change on line 108 as distributed. Some confusion as to the understandability of the change.
· The whole point of the change is to not give an unduly long period of time. Discussion
from Water Rights council and State Engineer, both have no concern either way.
· Motion to leave bill as written without word change, by Dallin Jensen, second by Steve Clyde. Discussion to the motion. Vote taken was 7 for the motion and 3 against. (Warren P., Sterling B., Mark S.)
· Motion Passes, 7-3. Bill will be accepted as is.
HB 486
· Technical changes of name, as it no longer exits. Wholesale Electrical Coop changed some language, which was approved in house committee - Notarization is no longer necessary.
· Motion to approve by Warren Peterson, second by Mark Stratford. No comment. Bill passed unanimously.
SB 187
· This bill is proposed to be divided into two separate bills:
o Jensen Case
o Big Ditch Case “Who Can File Changes” – Senator McIff would like to comment on this portion and it will be added to the June 21 Agenda so that he may be in attendance.
§ Information attached from Jodi Hoffman, John Maybe and should be read prior to next meetings discussion.
III. Exempting Storm Water Management – Boyd Clayton
· Two proposals have been submitted one author is unable to attend today’s meeting (Peter Gessel, Retention in a concentrated animal feeding operation).
· Dave Robinson introduced Harry Campbell from DWQ. They have been working on a project this may affect. They would like to make sure that infiltration is added to this text.
· EPA permits will be brought to Boyd Clayton to further discuss this issue.
· Committee formed to put draft together – Boyd Clayton, Peter Gessel, Dave Robinson, and Harry Campbell. Representative Cox is also working on new draft of bill.
· This will be placed on the agenda for our next meeting.
IV. Current Issues – Boyd Clayton
73-3-18 Administrative Priority Modification
· Correction on references. Extension request, allows SE to reinstate small applications, and change exchange statute.
· Motion from Steve Clyde to endorse the changes as approved, Second by Dallin Jensen.
Boyd summarized again the 3 change and it was unanimously approved.
Fixed Time Application Proposal
· Synchronized proof due date for fixed time application. So now this will remove requirement that the SE must set a date when proof is due on a fixed time application.
They are now required to measure and report the use of the water.
· Motion to approve by Voneen Jorgensen, second by Merril Bingham, unanimously approved.
Deed Addendum Proposal
· Incentive to Counties to send in addendum which will be considered as a filed ROC, with no charge or fee.
· Dave Hartvigsen feels a time limit should be added to get counties to turn in addendums.
· Feedback will be requested from Chris Bramhall, also.
· An Addendum to Land Deeds was also distributed (changes are in shaded areas).
· This item will be added to the next agenda for approval.
Application Withdrawal Proposed Legislation
· This will be added to the next agenda for approval.
Heirship Affidavits Proposal
· Need Legislation for County Recorder’s consistency to update records.
· Boyd to provide information and details to Senator Van Tassel for his review.
· Senator Dayton will take this information to the Water Development Commission along with help from Boyd Clayton to require redefining language in the Probate Code.
· This problem requires Legislation to correct this problem.
V. Water Conservation Proposal – David Hartvigsen
· Documentation will be written and proposed language will be available for discussion prior to a future meeting.
VI. Canal Procedure – Gawain Snow
· Committee formed to assist Gawain Snow in drafting proposal.
Carly Burton Steve Clyde Jared Parkinson
Sterling Brown John Maybe League of Cities & Towns
Dave Hartvigsen Troy Rindlisbacher Warren Peterson
Tage Flint Greg Greathouse
· Proposed language will be written and available for discussion prior to the next meeting.
VII. HB 412, Share Assessment Act - Richard Bay
· Document and wording distributed and attached.
· One vote per member vs. One vote per share. With this fix the assessments will be made in proportion to voting rights, of shareholders in water companies. With only 2 exceptions, which are included.
· Motion to accept made by Dale Pierson, and a second by Sterling Brown.
· A mention that there are others who are not here but have information regarding this language so it will be added to the next agenda.
The date set for the next EWTF meeting is Thursday, June 21st at 12:00 PM in the DNR Auditorium. Due to vacation schedules please forward any items for the June 21st meeting to Kaelyn at prior to June 14th ,or after that date to Marianne Burbidge at if you would like them included in the agenda. The Chair recognized the motion to Adjourn.