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House passes bill to authorize in-stream flows to protect trout habitat
Summary
House Bill 117, revised after last year’s debate, passed the House with bipartisan support to allow limited in-stream flow protections for trout habitat while including a 'safe harbor' to protect water-right holders from ESA liability. Sponsors said it balances conservation and water-rights interests.
The Utah House passed House Bill 117, a reworked in-stream flow measure aimed at protecting trout habitat. Representative Steven Sandstrom, sponsor of the bill, said the current version resolves the two major concerns from last year: (1) assuring water-right holders they will not lose water rights under the Endangered Species Act and (2) avoiding impairment of vested hydroelectric rights. The bill includes a safe-harbor-style assurance negotiated with U.S. Fish and Wildlife, whereby lease or use for habitat protection will not jeopardize the holder’s water right if an endangered species appears.
Representative Braxler and other supporters praised months of negotiation among agricultural, sportsmen and water-rights interests, describing the bill as a "win-win" that preserves downstream benefits for farmers and supports habitat. Representative Noel noted lingering reservations in the past session but said the changes make this version acceptable and urged adoption as a trial.
The House voted to pass HB117 (65 yes, 0 no, 10 absent) and the bill was forwarded to the Senate for further consideration.
