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House approves closed‑meeting amendment to clarify water rights as real property
Summary
Lawmakers approved HB 189 to clarify that water rights are a form of real property that may be discussed in closed meetings; supporters argued it aligns with case law while opponents warned it could enable private purchase discussions and harm small communities.
House members debated and passed House Bill 189 on Feb. 26, a narrowly drawn change to the closed‑meeting statute that clarifies water rights may be treated as real property for purposes of discussing purchases or sales in closed meetings.
Sponsor Representative Patrick Panger opened by noting a personal disclosure — ‘‘I own shares of water stock’’ — and said the bill merely defines water rights as an aspect of real property in the closed‑meetings statute so they may be discussed when appropriate. He told colleagues the change is definitional: ‘‘that water rights are an appropriate item that can be discussed in a closed meeting.’’
Opponents warned the change could permit municipal officials to discuss purchases of portable water rights behind closed doors, potentially disadvantaging neighboring jurisdictions. One legislator from Box Elder County argued water shares are treated as securities and not land, citing code sections (e.g., Title 70A and related water code references) and Supreme Court cases; he said, ‘‘We do not want to be discussing it behind closed doors’’ and described historical examples where municipal acquisition harmed smaller communities.
Sponsor supporters countered with case law references and said shareholders—not the canal companies—hold the right to beneficial use; Representative Panger cited the Cahoon‑Maxfield decision and provisions in the water code to support the bill. The House approved HB 189 by a vote of 52 yes and 20 no; the bill will be transmitted to the Senate.
