Senators split over amendment to block use of state funds for eminent domain on Alkali Creek water project
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Summary
An amendment to prohibit use of state appropriations to exercise eminent domain for the Alkali Creek water project failed after extended debate; supporters framed it as a property-rights protection while opponents said it could undermine negotiation leverage and the project's feasibility.
Senator Steinmetz proposed an amendment to Senate File 70 on Feb. 17 that would have barred state funds from being used to exercise eminent domain on the Alkali Creek project beginning April 1, 2026. Supporters said the change protects private property and prevents taxpayers from underwriting condemnation of private land.
Opponents, including Senator Rothfuss and others, argued the restriction could remove important leverage used in negotiations and make certain water projects impracticable. Senators raised concerns about constitutionality, potential cost increases from rerouting, and the effect on project completion timelines.
After floor debate and procedural division, the Senate conducted a standing count. The amendment failed (12 ayes, 17 no). The sponsor said the language was limited to state funds and did not prohibit use of private funds or non-state funding, but the floor majority concluded the amendment would impede the project.
The bill proceeded with the amendment defeated; members flagged ongoing concerns about the Alkali Creek project's design and community impacts during debate.