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Senate approves framework letting public water suppliers allocate water rights for limited rainwater collection after debate

Utah State Senate · February 24, 2009
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Summary

After extended floor debate over water rights and downstream impacts, the Utah Senate passed SB58 to let authorized public water suppliers allocate portions of existing water rights to allow citizens to collect and use precipitation under an approved exchange process; sponsors said safeguards and reporting to the state engineer are required.

The Utah Senate passed legislation to allow public water suppliers to authorize limited private capture and beneficial use of precipitation, advancing a compromise approach intended to protect downstream water rights while giving property owners a path to collect rain and snow.

Senator Mark McCoy, sponsor of SB58, said the bill creates a mechanism for an "authorized public water supplier" to bundle existing water rights and make them available for precipitation capture via an approved exchange application to the state engineer, with annual reporting. "This bill operates within the current system of water rights," McCoy said, arguing it balances property owners’ interest in collecting small amounts of precipitation with the need to protect downstream users.

Opponents raised constitutional and practical concerns. Senator Jenkins said he objected to the idea that…

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