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Utah House unanimously approves bill barring federal agencies from conditioning permits on water‑right transfers
Summary
On March 13, 2014 the Utah House passed first substitute S.B. 274 (68–0), clarifying that public agencies may not condition issuance, renewal, amendment or extension of permanent approvals on transferring a water right to the public agency. Supporters said the change protects ranchers, ski operators and longstanding state water law.
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The Utah House on March 13 voted 68–0 to approve first substitute S.B. 274, a bill clarifying that federal or other public agencies may not condition the issuance, renewal, amendment or extension of permanent approvals on the transfer of water rights to the agency. Representative Kevin Ivory, the House sponsor, said the bill "simply clarifies that there's no authority and that public agency may not condition the issuance renewal amendment extension of any permanent approval on transferring a water right to the public agency."
Backers framed the bill as a defense of private water‑use rights on public lands. Representative Tim Dunlewell told the chamber he supported the measure because water rights transfers by the federal government would create a “whole new precedent in state water law” and put the value of land at risk: "If we lose our water rights, basically, we lose tremendous value, all the value in the lands." Representative Mathis noted the bill sits alongside a congressional effort (H.R. 3189, the Water Rights Protection Act) as part of broader attempts to protect state water authority.
Sponsor Ivory said the Legislature enacted similar protections in prior years and that the bill responds to reported incidents in which grazing permits and other approvals were conditioned on water transfers. Supporters said the measure preserves state engineering authority over water‑rights transfers and prevents federal agencies from forcing transfers as a permit condition.
The House passed the bill on third reading and returned it to the Senate for the president's signature. The roll call was recorded as 68 yay, 0 nay.
