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House approves limits and contract requirement for using another’s canal under SB 108
Summary
Lawmakers passed a second‑substitute to SB 108 that allows owners of purchased water to convey it through a canal or ditch company only after negotiating and signing a contract specifying terms to protect existing canal uses and management.
Representative Brown introduced a second substitute to Senate Bill 108 to clarify the process when someone who acquires water rights seeks to convey that water through an existing canal or ditch owned or managed by a canal company.
Under the bill, a purchaser who lacks other conveyance options may place water into a canal or ditch company’s system only after negotiating and signing a contract that sets the terms and responsibilities. "If I bought some water and wanted to put it in a ... ditch company's canal, and I had no other way of getting that water there, I could do it," Representative Brown said, adding the bill requires a contract to prevent the buyer from disrupting traditional canal management.
Supporters said the measure preserves traditional uses and gives canal companies contractual protections; the sponsor emphasized the change grants responsibility rather than new ownership rights. After discussion and an opportunity for questions, the House passed the second substitute 69–0 and will return the bill to the Senate for signature.
The bill’s fiscal or implementation details were not spelled out on the floor; sponsors said it primarily imposes a contract requirement and clarifies responsibilities when water is conveyed through another entity’s infrastructure.
Next steps: The bill will be signed by the Speaker Pro Tem and returned to the Senate for signature of the President.
