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House approves temporary change to conservancy-district petition rules amid concerns over 'nonresponse as yes'
Summary
Substitute Senate Bill 7, which relaxes petition thresholds and treats certified nonresponse as an affirmative for forming water conservancy districts in small counties, passed 39–28 after members questioned constitutionality, certified-mail mechanics and safeguards; sponsor said a 20‑day certified-mail process and court verification will be used.
The Utah House on Feb. 6 approved substitute Senate Bill 7, a measure intended to lower petition thresholds for creating water conservancy districts in smaller counties and to open a temporary two‑year window for those formations.
Sponsor Representative Hayes Hunter told the House the substitute "relaxes the petition so that we can, if we so desire in Iron County and smaller counties, to set up a water conservancy district," arguing the change was needed because some counties lack the population base required under current law.
The most contested provision would treat property owners who do not return a certified petition as having voted "yes." Representative Lewis told the sponsor he found that provision "troublesome and suspect that it may be unconstitutional" and pressed for confirmation the provision had been reviewed. Hunter replied the provision "has been checked" for constitutionality and that the analyst and counsel were available; the sponsor and others stressed that petitions would be sent certified with clear notice and a 20‑day response window.
Representative Glenn Brown and others warned that treating a nonresponse as an affirmative could disadvantage objectors if certified-mail or return‑receipt procedures failed or were mishandled; Brown urged an approach that would not count nonresponse as an affirmative or else reduce the base of voters. Hunter and supporters said the petitions explicitly notify recipients that nonresponse will be considered an affirmative if the return receipt is not returned and that court review and verification procedures apply.
Key procedural clarifications on the floor: the sponsor said all petitions would be sent with an explanatory notice and return-receipt requested (signed delivery), recipients would have 20 days to reply, and the window is temporary (two years) before the provision sunsets. Opponents continued to express concern about potential loss of mailed petitions and verification of returned votes.
After debate and summation, the House voted 39–28 to pass the substitute bill. Sponsors said the change is needed to allow small counties such as Iron County to create conservancy districts where the strict current thresholds make formation impractical.
Votes and next steps: Substitute SB 7 was read and signed consistent with House procedure; the bill passed the House and will return to the Senate as the next step in the legislative process.
Sources: Floor debate, sponsor statements and roll-call tally reported from the House journal proceeding, Feb. 6, 1991.
