House floor rejects in‑stream flow leasing bill after heated debate over water rights and Endangered Species Act

The Utah House debated Senate Bill 29 on Feb. 14, a narrowly framed measure allowing nonprofit groups (for example, Trout Unlimited) to lease water rights and leave the water in a specified stream reach to improve habitat for three cutthroat trout species.

Sponsor Representative Buxton said the leases would cover a segment “from point of diversion to point of diversion” and require approval from both the Division of Wildlife Resources and the state water engineer. "It does not affect any of the downstream users," Buxton said, adding the bill is intended to enhance spawning habitat for specific native cutthroat trout species.

Opponents raised several concerns. Representative Noel warned the policy could have long-term effects on water-use law and asked what would happen if reintroduced fish later became listed under the federal Endangered Species Act (ESA). Noel said introducing species into historic but currently unoccupied stream reaches could create “critical habitat” and effectively lock in water for fish, potentially preempting other uses. He urged caution, citing hydrological and downstream-user impacts.

Supporters responded that the bill is a ten-year lease that can be terminated and that it is narrowly drafted to avoid consumptive use; Representative King said the measure was crafted to act near headwaters and would make listing less likely by improving habitat. Representatives who had served on the water task force said the proposal was studied and that the sponsor narrowed the bill substantially.

After extensive floor debate and amendments, the House voted 36 yes and 32 no on SB29; the clerk recorded that the bill failed to pass and would be filed.

Reporting note: direct quotes attributed to representatives taken from the Feb. 14 transcript.