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Utah Senate advances Bear River development bill to third-reading after heated debate over dams and allocations

Utah State Senate · February 11, 1991
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Summary

The Senate advanced Senate Bill 98, implementing Bear River Task Force recommendations on water development, to the third‑reading calendar after extended debate and multiple floor amendments addressing which reservoir projects to study, allocation rules, and environmental safeguards.

The Utah Senate placed Senate Bill 98, the Bear River Task Force implementation measure, on its third‑reading calendar after more than three hours of debate over which storage projects should be studied, how state funding would be allocated and whether local entities could build or broker water for resale.

Senator Finlayson, sponsor of the continuing business, framed the bill as an effort to move forward on a coordinated approach to Bear River water storage and distribution after task‑force study (SEG 1105–1112). Debate focused on specific projects the bill lists for study and possible authorization for initial study funds.

Senator Hilliard successfully moved to add Hiram Dam to the list of projects to be studied and to be eligible for part of a $4 million study appropriation, arguing Hiram could be cheaper and quicker to develop ("My first motion is to include Hiram Dam as one of the items to be studied," SEG 1216–1227). He then moved to delete the Barrens (sometimes referenced as Barrons/Bairns) project from the authorized list; proponents of the Barrens said it could store substantially more water and be critical for downstream counties, while opponents warned that the Barrens contains roughly 1,400 acres of wetlands and would raise major environmental and mitigation costs.

"If you build the Barrens it will have a great deal of environmental cost," Senator Hilliard said, citing wetlands and community concerns near Amalga (SEG 1296–1306). Senator Holmgren and others warned that federal wetlands mitigation and opposition could effectively block projects if not handled carefully (SEG 1494–1501).

Amendments over contracting authority drew intense examination. Senator Hilliard sought to ensure local conservancy districts or other entities could build projects instead of exclusive state construction; opponents said state sponsorship was a central task‑force recommendation to prevent private brokering and to protect taxpayers who would fund the work (SEG 1866–1924). Division votes on several of Hilliard’s contracting and allocation amendments failed; one amendment clarifying that the chapter did not cover groundwater passed ("nothing in this chapter shall be construed to prevent any person from developing groundwater pursuant to state law," SEG 2629–2637).

Proponents of preserving a municipal/industrial preference (M&I preference) for certain allocations argued the subsidy structure in the bill—where agricultural interim users would pay a reduced share—was necessary so taxpayers were not asked to underwrite projects for which municipalities would later assume full cost (SEG 2356–2366). A motion to remove the legislatively set M&I priority failed after debate (SEG 2614–2615).

Senators summarized their positions at the close of debate, emphasizing statewide needs, fiscal realities and environmental constraints. The roll call on whether to move SB98 to third reading showed 28 ayes, no nays and one absent; the bill was placed on the third‑reading calendar for further amendment and final action (SEG 2836–2837).