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Senate approves ombudsman route for small water-right owners in SB 269

Utah State Senate · February 27, 2008
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Summary

Third-substitute SB 269 creates a Water Rights Ombudsman process giving owners under 50 acre-feet an alternate appeals route and imposes a user fee; the substitute was adopted and approved for third reading (24–0, 5 absent).

The Senate adopted the third substitute of Senate Bill 269 to create a Water Rights Ombudsman intended to provide a lower-cost appeal option for water-right holders who own less than 50 acre-feet.

Senator Stoll said the measure would add staff expertise to the property-rights ombudsman office and offer a process for small water-right owners to seek review without immediately going to district court. The sponsor described the 50-acre-feet threshold as an economic cutoff chosen so that owners of larger, higher-value rights would still appeal directly to court. He also said a user fee would be charged to prevent abuse, though the exact fee would be determined later by the department and ombudsman office.

Senators asked for fee estimates and about the rationale for the 50-acre-feet cutoff; Senator Stoll said the fee would likely mirror existing ombudsman charges and that the threshold was set to target owners for whom district-court litigation is often cost-prohibitive. The third substitute was adopted and cleared for third reading with a roll-call report of 24 aye, 0 nay, 5 absent.