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Senate moves to clarify water‑rights sale authority, sponsor says bill restores long‑standing law
Summary
Senate Bill 35, described by sponsor Senator Dayton as a clarification of longstanding water law, was advanced on the second‑reading calendar. Dayton told colleagues the measure reaffirms that the right to sell water rests with the owner of the water right or a designee and is meant to restore predictability after a recent court ruling.
Senator Daniel Dayton, sponsor of Senate Bill 35, told the Senate the bill 'basically says that the people who have the right to sell water are those who own the water or those whom the owner has designated' and that it resolves a level of certainty in water rights. "A water right entitles you to the right to use water. The water belongs to the state," Dayton added on the floor.
Senator Dayton said the bill does not change the status quo of water law since the early 1900s but responds to a recent Utah Supreme Court decision that created confusion by allowing an organization with only a contractual delivery role to sell water. Dayton said the measure has backing from the executive water task force, the Farm Bureau, Kennecott Utah, the Utah Manufacturers Association and other stakeholders.
Senator Dayton said the bill had been vetted intensively and described it as intended to restore predictability and legislative authority over water rights. After discussion and no further questions, the Senate proceeded toward third‑reading steps for the bill.
