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Committee unanimously backs tougher penalties for illegal water use, adds per‑barrel penalty for illegal sales
Summary
House Bill 348, which raises civil penalties for water‑law violations from $100 per day to $2,000 per day and adds a $25‑per‑barrel (or double the economic benefit) penalty for illegal water sales, won a unanimous committee recommendation after testimony from the state engineer and irrigation districts.
The Senate Conservation Committee unanimously recommended a due pass for House Bill 348 after testimony that current penalties are insufficient to deter illegal diversions and sales of water.
Representative Ortez and sponsor supporters told the committee the existing $100‑per‑day penalty dates to 1907 and is no longer an effective deterrent. The bill raises the base administrative penalty to $2,000 per day for general water‑law violations and also includes a per‑barrel penalty for illegal water sales: $25 per barrel or double the economic benefit, whichever is greater.
State Engineer Elizabeth Anderson and staff described the bill as the agency’s top priority, saying the current penalty structure prevents effective enforcement. Witnesses from irrigation districts, conservancy districts and water authorities told the committee they need stronger tools to deter theft and illegal diversions and described examples where repayment alone was inadequate to deter intentional over‑diversions.
Several public agencies and local water managers testified in support, saying stronger penalties combined with payment and repair provisions would help protect limited supplies and the integrity of water administration. No opponents testified in committee.
The committee moved the bill on a due‑pass motion and voted unanimously to advance the legislation (committee announced a unanimous due pass). The bill, if enacted, would change the accrual timing for penalties and add enhanced enforcement tools for the State Engineer’s Office, including new authority related to illegal sales.
