Senate approves third substitute creating Water Policy Board after lengthy debate

The Utah Senate passed the third substitute of Senate Bill 85, establishing a Water Policy Board and creating an appeal pathway for water rights owners with less than 50 acre-feet. The measure prompted extensive floor debate over the proper balance between centralized policy-setting and the authority of the state engineer.

Senator Stoll, who brought the bill forward, said the board would set state water policy and relieve the state engineer of policy-making duties so his office could focus on administrative processing. ‘‘What SB 85 does is create a water policy board,’’ Stoll said, describing the board’s role in recommending policy and appointing an administrative law judge for appeals by small water-right owners.

Opponents raised concerns about representation and political influence. Senator Bell and others warned the proposed board could unevenly distribute representation compared to proportional water use and could create an extra layer of bureaucracy. Some senators recommended separating the ombudsman or adjudicative provisions from the policy-board creation to preserve the benefit for small water users while limiting systemic change.

Supporters said the bill would offer small water-right owners an appeal option short of hiring expensive counsel and that it would provide broader stakeholder input in policy deliberations. After debate and several explanations of intent, the Senate recorded a final vote of 16 yes, 11 no and 2 absent; the bill passed and will be referred to the House.

Floor debate included repeated questions about rulemaking authority, appointment processes, the 50-acre-feet threshold and whether the board could usurp legislative policy-making. The bill text requires the board to recommend policy changes to the Legislature and to ratify any new rules recommended by the state engineer, preserving the Legislature’s constitutional role in setting law.