Utah Legislature 81021NAE

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MINUTES OF THE
NATURAL RESOURCES, AGRICULTURE AND ENVIRONMENT
INTERIM COMMITTEE
Wednesday, October 21, 1998 - 9:00 a.m. - Room 303 State Capitol

Members Present:
    Sen. Alarik Myrin, Senate Chair
    Rep. Bradley T. Johnson, House Chair     Sen. R. Mont Evans
    Sen. Joseph L. Hull
    Rep. Eli H. Anderson
    Rep. Craig W. Buttars
    Rep. Mary Carlson
    Rep. Tom Hatch
    Rep. Dennis H. Iverson
    Rep. Evan L. Olsen
    Rep. Michael R. Styler
    Rep. Jordan Tanner
    Rep. Daniel H. Tuttle
    Rep. Bill Wright

Members Excused:
    Sen. Craig A. Peterson
    Rep. Melvin R. Brown

Members Absent:
    Rep. Beverly A. Evans

Staff Present:
    Ms. Constance C. Steffen,
        Research Analyst
    Ms. Jeanenne B. Larson,
        Associate General Counsel
    Ms. Joy L. Miller,
        Secretary

    Note:     A list of others present and a copy of materials distributed in the meeting are on file in the Office of Legislative Research and General Counsel.

1.     Committee Business - Chair Johnson called the meeting to order at 9:15 a.m.

    MOTION: Sen. Hull moved to approve the minutes of July 15, and August 19, 1998.

    Rep. Tanner asked that the August minutes reflect that he was excused and not absent from the meeting. The committee voted unanimously to approve the minutes as corrected.

2.    Central Utah Project Mitigation - Mr. Allan Smith, rancher, discussed a proposal of the Utah Reclamation Mitigation and Conservation Commission to acquire his land along Current Creek. The commission has published an environmental assessment detailing projects to mitigate the impacts of the Central Utah Project (CUP). In his response to the draft environmental assessment, he supported a "no action" position and advocated that any land be acquired only on a willing-seller basis. Mr. Smith asserted that if he is forced to give up the river area through his pasture and not allow livestock to graze or utilize the land, his operation will be in serious jeopardy. Mr. Smith distributed a copy of his response, a letter from Mr. Nathan Ricks, and the response of Snow, Christensen & Martineau to the environmental assessment. Research by the law firm concluded that the commission does not have the power of eminent domain.

    Ms. Jody Williams, Utah Reclamation Mitigation and Conservation Commission, explained that the commission was authorized by the Central Utah Project Completion Act in 1992 to fund and implement the mitigation features of the CUP. She noted that mitigation had not been completed for CUP components that had already been constructed. When the state went to Congress in the early 1990s to request help in getting the CUP project completed, Congress mandated that those outstanding mitigation responsibilities be completed as a condition to going forward with the rest of the project. One of the outstanding mitigation obligations that had not been completed by the Bureau of Reclamation was the angler access program.

    Mr. Michael Weland, executive director of the Utah Reclamation Mitigation and Conservation Commission, distributed a copy of his statement to the committee. Mr. Weland described the purpose and scope of the angler access program. He noted that the commission has never yet had to resort to condemnation and hope they never will.

    Mr. Steve Motzkus and Mr. Ren Charlesworth, owners of property along the Strawberry River, expressed opposition to the mitigation commission's proposal to acquire their land or an easement on their land.

     MOTION: Rep. Hatch moved that the committee chairmen draft a letter to the Executive Appropriations Committee, the Natural Resources Appropriations Subcommittee, the governor, the Division of Wildlife Resources, and the Bureau of Reclamation. The letter would state that the committee is concerned that the commission and the bureau are using eminent domain as a tool to acquire property. The committee would not support the use of state or federal funds to acquire land through condemnation.

    The committee voted on the motion which passed with Rep. Carlson voting in opposition. Reps. Olsen and Wright were absent during the vote.

3.    Consider Proposed Legislation - Wildlife License Fee - Mr. Mike Fowlks, Division of Wildlife Resources, stated the bill pertains to reduced license fees for fishing. The bill allows veterans and other individuals with certain disabilities to obtain a fishing license at no cost. Children who are committed to the custody of the state also may obtain a free fishing license.

    Mr. Michael Scott, therapeutic recreation specialist at the veteran's hospital, expressed support for the bill. It allows them to take veterans fishing as long as it is utilized for therapy.

MOTION: Rep. Styler moved to adopt proposed legislation, "Wildlife License Fee," as a committee bill. The motion passed unanimously. Sen. Evans and Reps. Buttars, Iverson, Tanner, and Wright were absent during the vote.

4.    Consider Proposed Legislation - Licensing Requirements for Falconry - Mr. John Kimball explained the bill replaces the falconry license with a three-year certificate of registration that will run concurrently with the falconer's federal license.

    Mr. Brad Townsend, Utah Falconers and Raptor Breeders Association, said the certificate is more appropriate for the possession and handling of raptors and will not affect their ability to possess the birds or the division's ability to enforce regulations.

     MOTION: Rep. Styler moved to change the name of the legislation to "Registration Requirements for Falconry." The motion passed unanimously. Sen. Evans and Reps. Buttars, Iverson, Tanner, and Wright were absent during the vote.

     MOTION: Rep. Tuttle moved to adopt proposed legislation, "Registration Requirements for Falconry," as amended as a committee bill. The motion passed unanimously. Sen. Evans and Reps. Buttars, Iverson, Tanner, and Wright were absent during the vote.

5.    Consider Proposed Legislation, "State Water Development Commission" -

     Rep. Olsen reviewed the current responsibilities of the State Water Development Commission and stated he would like to add an additional responsibility which is to study other water issues of statewide importance.

     MOTION: Sen. Hull moved to adopt proposed legislation, "State Water Development Commission," with the amendment suggested by Rep. Olsen as a committee bill. The motion passed unanimously. Sen. Evans and Reps. Iverson, Tanner, and Wright were absent during the vote.

6.    Perchlorate Contamination of Drinking Water - Mr. Kevin Brown, Division of Drinking Water, distributed information to the committee on the perchlorate issue. He noted that last September, perchlorate was discovered in groundwater at the Kennecott pumphouse. Its known health impacts are to the thyroid gland which can affect normal metabolism, growth, and development. Mr. Brown indicated that the Interagency Perchlorate Steering Committee was formed in January 1998. Its recommendations are expected in May of 1999. He reviewed the areas of contamination and stated that no public water system in Utah exceeds the California standard for perchlorate. One of the recommendations of the division is to allow the Utah Drinking Water Board to determine a state drinking water standard if a national standard is not proposed by the Environmental Protection Agency (EPA). If EPA proposes a standard, the division would adopt that standard

     MOTION: Rep. Tuttle moved to authorize the continued study of the perchlorate issue. The motion passed unanimously. Sen. Myrin and Reps. Iverson, Tanner, and Wright were absent during the vote.

7.    Water Conservation Proposal - Mr. Lee Roderick, Utah State University (USU), distributed information on a proposal to establish a water conservation center at USU. He suggested that education on methods to conserve water may be provided through USU's extension agents.

    Mr. Larry Rupp, USU, said there is a need for increased research in order to develop best management practices to reduce the amount of water used in landscapes. He pointed out that Utah has one of the highest per capita water use rates and some of the lowest water charges. He said they are seeking long-term funding for infrastructure, research, and extension programs.

     MOTION: Rep. Anderson moved to adjourn the meeting at 12:00 p.m. The motion passed unanimously.

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