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House approves bill limiting water-right forfeiture after lengthy debate

Utah House of Representatives · February 11, 2008
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Summary

After hours of debate and failed attempts to substitute the measure, the Utah House passed the second substitute of House Bill 51 to limit administrative forfeiture of certified water rights and extend the nonuse period. Supporters say it protects municipal planning; opponents warned it could create privileged classes and risks of hoarding.

The Utah House voted 67–6 to pass the second substitute of House Bill 51, titled Water Right Forfeiture Protection, after extended floor debate over whether the measure would create a privileged class of water-right holders.

Sponsor Representative Patrick Painter, the bill’s author, said the measure removes an automatic administrative forfeiture procedure and clarifies that a water right can only be forfeited through judicial action. Painter told colleagues the bill lengthens the nonuse forfeiture period from five to seven years and creates exemptions for water held under lease agreements, water conserved for reasonable future public use, and water under certain federal or state contracts. “It removes the automatic forfeiture procedure that’s in our…

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