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Senate debates county condemnation powers in heated water‑rights amendment fight
Summary
Senators argued over an amendment to Second Substitute Senate Bill 215 that would remove language affecting whether non‑appurtenant water rights are treated as real property; Senator Thomas’ amendment to delete the language failed and the bill advanced to third reading.
Senators spent an extended floor period debating whether counties may, by statute, condemn water rights not appurtenant to land as part of Second Substitute Senate Bill 215, a county‑powers cleanup sponsored by Senator Gladwell.
Senator Gladwell described the bill as an effort to “reinstate what I thought was my intention last year,” saying earlier wording unintentionally expanded the definition of "real property" to sweep water rights into county condemnation authority. He told colleagues the bill was intended to clarify counties’ power to condemn land without creating a new power to condemn water rights apart from land.
Senator Thomas moved to amend by deleting lines 45 through 49 — language…
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