Bills / H.B. 410
H.B. 410 Water Leasing Amendments
- Introduced
- House committee
- House vote
- Senate committee
- Senate vote
- Signed into law
What this bill does
H.B. 410 would create a voluntary, temporary state-run program that lets agricultural water users lease their water rights, with leased water required to reach the Great Salt Lake. It would fund the program with about $5 million, limit how often land can be enrolled to two of every five years, and end the program in 2030.
Plain-English summary written by AI from the official description. Check the official text below.
Official description
- makes appropriations to the Great Salt Lake Preservation Program (program) nonlapsing
- addresses diversion or impoundment by an intervening user of leased water
- provides for streamlined leasing of certain water
- directs the Great Salt Lake commissioner to facilitate leasing of water for the Great Salt Lake
- creates the program
- defines terms
- creates the Great Salt Lake Preservation Board (board)
- provides for rulemaking by the board
- establishes the leasing process
- addresses applications related to a lease of water
- authorizes the board to take action if a person violates a lease
- requires reporting by the board and the state engineer
- enacts a sunset date
- makes technical and conforming amendments
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Every vote
- 13 yes, 0 no, 1 absentHouse Natural Resources, Agriculture, and Environment Committee: vote to change the bill · Feb 5, 2026Who voted how
- 13 yes, 0 no, 1 absentHouse Natural Resources, Agriculture, and Environment Committee: vote to approve it · Feb 5, 2026Who voted how
- 69 yes, 1 no, 5 absentFinal House vote · Feb 17, 2026Who voted how
- 4 yes, 0 no, 3 absentSenate Natural Resources, Agriculture, and Environment Committee: vote to approve it · Feb 24, 2026Who voted how
- 22 yes, 0 no, 7 absentFinal Senate vote · Mar 4, 2026Who voted how
- 25 yes, 0 no, 4 absentConference Committee - Final Passage · Mar 5, 2026Who voted how
- 71 yes, 1 no, 3 absentConference Committee - Final Passage · Mar 5, 2026Who voted how
Hearings and debates
- Feb 5, 2026 House Natural Resources, Agriculture, and Environment Committee▶ Watch
Transcript (33 turns)
- Rep. Jill Koford1:58:13speaker not certain
Thank you all. Thank you for the support. I'm going to thank you. Invite my backup.
- Rep. Jill Koford1:58:19
Um, HB four 10 water leasing agreements creates a statewide water program or program to lease water, primarily Ag water for the benefit of Great Salt Lake and also streamline streamlines the process statewide. Um, it provides funding, oversight and enforcement. It creates the great Salt Lake Preservation Fund, um, and does have a $5 million fiscal note. It establishes a new governing board. It protects wa leased water in transit, ensuring that it actually gets to the lake and removes any barriers, um, at the direction of our state water engineer. It also streamlines the process and provides some agriculture safeguards, um, with no more than two or five years of on the same field being able to be put in the program, it does require a change application and opens up a fixed time change application to make things a little more flexible. It includes measurement and reporting. So we actually know that the water is being delivered and, um, has some enforcement authority. It's, uh, it is set to Sunset in 2030 so that we can evaluate how effective it is and hopefully at that time expand it. I've got Hannah Freeze with me, the Deputy Director of Great Salt Lake Commission, and I would love for her to speak. Thank
- Chair Albrecht (presiding)1:59:37
You. Thank you, Representative Koford. Go ahead. State your name and Hannah Freeze.
- Hannah Freeze, Deputy Commissioner, Great Salt Lake Commissioner's Office1:59:42
Uh, deputy Commissioner on Great Salt Lake. Um, I'll just add a little commentary, uh, to Representative Owens comments about in layman's terms. Um, I appreciate, uh, the work with Representative Covert to be able to develop, um, an agricultural water leasing program that this bill proposes. Um, this, some of these ideas were literally formed on the ditch bank as my husband and I farm in Box Elder County. And we would think through what if this could work, what if this could work? And we were, um, had the wonderful opportunity to collaborate with the Farm Bureau, our partners at the Utah Department of Ag and Food, and many agricultural producers in the state. Um, this is something that's a scary topic. Um, it's something that we cautiously are optimistic about in the agricultural community. And good Representative Koford has given us the opportunity to try it and say, if we are going to lease agricultural water, let's look at it and do it this way. Um, it allows the opportunity for our producers to make game time decisions, which is often a request, and we have to make decisions based on the weather. And this, uh, leasing program gives us the opportunity, um, to file a change application ahead of time and then make decisions on a year to year basis based on commodities or the weather on whether or not on leasing makes sense for producers operations. Again, there is also some discussion about the sideboards that we cannot, um, be a detriment to agriculture. So those two out of five years, um, are sideboards that help, uh, keep our farmers farming and I appreciate, uh, being able to speak to this with Representative Koford.
- Chair Albrecht (presiding)2:01:06
Thank you, Representative Koford. You've been speaking to sub one, right?
- Hannah Freeze, Deputy Commissioner, Great Salt Lake Commissioner's Office2:01:11
I was just going to clarify that. Yes, I am speaking to sub one. Wanted to clar clarify that there was just a couple of changes made based on our conversation last night with the Utah Task Force.
- Chair Albrecht (presiding)2:01:22
Thank you. That conclude your presentation? It does. We're open to questions. Okay. We'll bring it back to the committee for clarifying questions. Seeing none, I'll open it up to public comment. Anybody in the room would like to comment? Come on up. Jill, maybe you could step back to one of those chairs and we could move this along. Go ahead. State your name and who you represent.
- Jordan Nielsen, Trout Unlimited2:01:49
Jordan Nielsen with Trout Unlimited. Um, I've heard stated several times today that y'all brought your waiters to work on water issues. I'm always down to go fishing, so let's, let's go do that. Um, I have the privilege of of working with my staff, um, in the Great Salt Lake Watershed, um, on restoring habitat and flows, uh, throughout the watershed, as well as advising on the great Salt Lake Trust Council. This bill gives more tools to those that are trying to implement solutions. Uh, we see it as a positive move forward in the building body of work, of moving water to the lake. Uh, most of those transactions that are trying to move water to the lake created a defacto instream flow that will be good for fishing. So bring those waders along. Let's go do it.
- Jake Dreyfuss, Managing Director, Grow the Flow2:02:32
Thank you. Next I thank you, uh, committee. Uh, my name is Jake Dreyfuss. I'm here today as the managing director of Grow the Flow, uh, to express my strong support for this piece of policy and commend, uh, represent Representative Koford for her work on this bill. And I also wanted to flag specifically that I'm, uh, particularly in support of the opportunity for private dollars to also go and augment this fund, uh, and create more of a role for philanthropy to be a part of water leasing efforts and getting more water to the lake. Thank you.
- Chair Albrecht (presiding)2:03:01
Thank you. Okay. Next.
- Amber Brown, Deputy Commissioner, Utah Department of Agriculture and Food2:03:03
Um, I'm Amber Brown, deputy Commissioner for the Utah Department of Agriculture and Food and DAF support strongly HB four 10, creating a water leasing program that will allow AG producers to lease a portion of their water to the benefit of the Great Salt Lake. Um, we appreciate Representative Koford and other stakeholders that have allowed us to be involved in this process of coming up with the best way to create a program that lets ag be a part of the solution while allowing them to continue and to be successful. Um, the program is voluntary. It compensates the producer, producer and it's temporary. Many people have talked about the sideboard of not more than two of five growing seasons to participate to make sure that that land stays in production. Um, we appreciate that. We also appreciate the ag representation on the board that would manage this program. Um, and the fact that Alf, the cost of alfalfa is used to, you know, to be, is considered in determining the value of that leased water. So we think this strikes a great balance. We think that it works hand in hand with our ag water optimization program at the department that allows producers to update their irrigation practices so that they have more control over their water and it kind of makes this the leasing possible. So we appreciate the committee support. Thank You. Thank you.
- Chair Albrecht (presiding)2:04:18
Next.
- Alyssa May2:04:20
Hello, I'm Alyssa May and I am representing myself. Um, with your permission, I would like to share a personal story from my neighbor and dear friend, it's almost two minutes. I apologize if it goes over After nearly 20 years, my family of six is leaving Utah. But really it feels like Utah left us first. We built a life and small business here, raised four children, and rooted ourselves in this community. We don't want to leave yet. We've watched as perceived economic interests continue to outweigh human health and wellbeing. Years of inaction, and even at times willful, willful ignorance have left Utah living far beyond its means waterwise. I never thought I'd become a climate refugee, but I don't know what else to call it. My middle class suburban Orem family is seeking refuge from an inc increasingly unsafe climate. The plan to build berms and d***s and simply let the north arm of the lake die is not the panacea. It's, it's portrayed to be. It would expose thousands of square feet of toxic dust into our already pollution plagued atmosphere. We don't have to guess what comes next. Just look at California's Salton Sea and Owens Lake. They were once thriving sailing lakes that met disastrous fates after similarly misguided interventions or no intervention at all. The data, the outcomes, and the lessons are all there. I know sometimes only money speaks. So consider this. One of my clients is the largest private equity owner of multifamily apartment communities in the country. They have stopped investing in Utah citing climate risks as barriers to future profits. Other states are seeing and red flagging Utah as somewhere to avoid even before. Utah is the Great Salt Lake stands is both a mirror and a test of our character. It's too late for my family. The lungs of my asthmatic children cannot wait, but Utah could still make history by being the first community to save a declining saline lake. The scientists studying this lake are not alarmists, they're chronicler of the obvious. Their numbers and their warnings deserve more faith than the easiest assurances of those who stand a profit from delay. If 99 lifeguards tell you not to swim and one surfboard salesman tells you, you'll be fine, who do you trust? Perhaps my family is among the first wave to leave, but it would certainly won't be the last if we don't make scientifically led steps to restore the lake. The lungs of my asthmatic children cannot stay here. I hope this is enough. Can you wrap it up please? Yes. Thank you for this bill and I hope that it's enough and I hope that we continue to do more. Thank You. Thank you.
- Chair Albrecht (presiding)2:07:17
Next.
- Soren Simonsen, Executive Director, Jordan River Commission2:07:19
Good afternoon, Soren Simonson, speaking again in my capacity as executive director of the Jordan River Commission and staff for the Jordan River Watershed Council. Uh, I want to say thank you to the bill sponsor. This is a great companion to the other one that was just passed out and, uh, really, really important. Um, I I wanna just share one additional, uh, concept with you and that is that we really have two lakes, um, that we call the Great Salt Lake. There's the Saline Lake, uh, which is productive and vital to, uh, our quality of life, to our economy, to the thriving ecosystem. But there's also the freshwater lake that surrounds the Great Salt Lake, which is filled by the tributaries. The Jordan River is one of those, the Weber River, the Bear River, that's another lake that desperately needs water and resources to it. And, uh, I'm very happy to see that there's so much interest in getting water to the lake and, uh, the saline lake. And don't want to forget that there's also the fresh water lake of wetlands and ponds and, um, all sorts of, uh, watershed areas that contribute also to a thriving economy, to recreation, to all kinds of activities and to the quality of life of both us and to our, uh, brothers and sisters among the winged and, and the water, uh, foul and, and the, the animals and critters that rely on this, this lake as well. Um, I just wanna, uh, say thank you and encourage that you move forward with this. I will also add that we occasionally get donations from people that want to improve the Jordan River. We've got some funding through a partner, the Jordan River Foundation sitting in an account right now that we're trying to figure out how it can go to support this. And we think this is a wonderful idea and we look forward to perhaps finding a way to be one of the first contributors to this program. So thank you. Thank
- Chair Albrecht (presiding)2:09:19
You. Next,
- Matt Anderson, Utah Coordinator, Property Environment Research Center2:09:20
Mr. Chair. Matt Anderson, uh, Utah Coordinator for coordinator for the Property Environment Research Center. A think tank dedicated to using free markets to address the, uh, United States most pressing environmental problems. This is a great piece of legislation. We really appreciate the sponsor engaging with us and getting our feedback. Agriculture is part of the solution is not the problem, and we have to be protecting private property rights to address the issues on the Great Salt Lake. It has to be a key part of this. One thing that hasn't been brought up that we really, really like about this bill is that there is a requirement for water managers to allow water, uh, that leased water to bypass obstructions like dams. That is huge. Again, these are private property rights and having one individual stop these private property rights from moving forward is a problem. And this addresses that Great Bill, we really appreciate the sponsor. Thank you Mr. Chair.
- Chair Albrecht (presiding)2:10:10
Thank you sir. Anyone else in the room? Seeing none will go online to Mr. Warren Peterson.
- Warren Peterson, speaking for Farm Bureau2:10:20
Thank you Mr. Chair. Again, speaking on behalf of Farm Bureau, we support the bill strongly. We thank all those that have helped, uh, worked with us in getting the bill put together. It's a great piece of work. This is a powerful bill that will help farmers help the lake and so we support it. There is one small item I'd like to note and that is that that two of five years provision is also an excellent antis speculation device that's been billed into the bill from experience. That's important as well. Thank you, Mr. Chair. Thank you to the committee. Thank you for getting online. Mr. Peterson. It's good to see you.
- Chair Albrecht (presiding)2:10:53
Thank you. Anybody else online? I see none. We'll close public comment and bring it back to the committee for further action.
- Chair Albrecht (presiding)2:11:02
Representative Brooks, we have a sub.
- Rep. Walt Brooks2:11:05
Yes, I a motion that we adopt, um, first sub HB four 10
- Chair Albrecht (presiding)2:11:09
Motions in order. Would you like to speak to it?
- Rep. Walt Brooks2:11:11
No. I think the sponsor did a great job on this. Bill. Thank you to the sponsor. It's a good bill. It's a good bill. You guys are really making me look funny up here.
- Chair Albrecht (presiding)2:11:22
We're making you look good, Mr. Chair. Thank you. I'll place that motion that we pass out favorably. Sub one HB four 10 water leasing amendments by Representative Koford. All in favor say aye. Aye. Aye. Any opposed? Carry on.
- Chair Albrecht (presiding)2:11:39
Mr. Brooks. Representative Brooks.
- Rep. Walt Brooks2:11:41
Thank you. I make the motion, Mr. Chair, that we pass HB four 10 as substituted out with a favorable recommendation.
- Chair Albrecht (presiding)2:11:49
That motion's in order. Would you like to speak to it?
- Rep. Walt Brooks2:11:52
No, I waive. Thank you To the sponsor. I'm just gonna say two things. This bill would not have happened without, again, a lot of people and having ag on board, they want to be part of the solution as we look for ways to deliver water to the lake. And I'm grateful to be part of that work. Appreciate the support.
- Unknown speaker2:12:07speaker not certain
Thank you representative and I, I know by the subs that you've worked hard on these bills and that's what it takes to pass a good water bill. And you've been to the task force and the water commission. Uh, that's what it takes to pass a good water bill. I've been there so I appreciate what you've done, representative.
- Chair Albrecht (presiding)2:12:26
Alright, I'll place the motion that we pass out favorably HB four 10 sub one with a favorable recommendation. All in favor say aye. Aye. Aye. Any opposed? Thank you. Good work. Thank you. I'll entertain one final motion.
- Rep. Walt Brooks2:12:43
A motion to adjourn. No debatable. Thank you.
- Unknown speaker2:12:54speaker not certain
That's so funny.
- Feb 17, 2026 House floor debate▶ Watch
Transcript (4 turns)
- Clerk (reading bill)1:17:41
Per substitute house. Bill four 10 Water leasing amendments by Representative Koford. This bill was heard in Natural Resources, agriculture and Environment with the vote of 13 0 1 Tim Ufford. Thank
- Rep. Jill Koford1:17:53
you Mr. Speaker, colleagues. This is the second of my great Salt Lake bills for this session. This bill is a water leasing bill. It stands up the, the leasing program, which is voluntary market driven and temporary mainly to deliver water to the Great Salt Lake. Um, I'm happy to report that the bill has been widely and broadly praised by agriculture. They're excited about the bill and the way that it allows them to look at their water differently as a commodity, something that they can deliver to the lake on a split season, on a temporary basis when they need it, they can react quickly to market pressures and market needs, and they can help us actually get water to the lake. And with that Mr. Speaker, I'm open to questions.
- Speaker (presiding)1:18:37
Thank you, Representative Koford discussion to the bill. A none. Back to Representative Koford for summation, I'll waive summation has been waived.
- Speaker (presiding)1:18:48
Voting will now be open on first substitute. HB four 10 being all present, hand voted. Voting is now closed. First substitute HB four 10 passes this body with 69 Yes votes one, no vote. Be sent to the Senate for its consideration matter. Meeting Clerk
- Feb 24, 2026 Senate Natural Resources, Agriculture, and Environment Committee▶ Watch
Transcript (43 turns)
- Committee chair1:14:23
Um, fifth item on our agenda is house Bill four 10. First substitute water leasing amendments. Go ahead.
- Rep. Jill Koford1:14:30
So, um, director Davis has escaped the room and, um, stole a little of my thunder, but this bill goes hand in hand with the last bill. Um, having dedicated water amendments doesn't work unless you have a leasing program to back it up really. And this bill is, um, the result of many, many months of work with stakeholders. It creates a state run leasing program primarily for agriculture users. So they can think a little bit differently about their water as a commodity. Um, it streamlines the process of leasing water. It is voluntary, it is temporary, it is market driven. It provides some funding in the bill oversight and some enforcement to ensure that the LE leased water actually reaches Great Salt Lake. Um, I have with me Hannah Freeze and both of us are, are willing to answer any questions. The bill does have a $5 million fiscal note. Um, it is non lapsing so that it can be used ongoing to, um, and be carried forward each year to continue funding the program. Um, it protects leased water in transit, um, and it does have some critical, I think agriculture safeguards it. Um, land can only be used in the leasing program two out of five years. Um, it does require a change application, but we've thought about that I think in a really creative way. It allows for split season, fixed time applications and partial seasons. Um, there's some measurement and reporting requirements and there is a Sunset clause so that we can evaluate how the program is running in 2030. And I'll let Hannah fill in any gaps if I've missed anything.
- Committee chair1:16:05
Great. Anything to add? Go ahead.
- Hannah Freeze, Deputy Commissioner, Office of the Great Salt Lake Commissioner1:16:06
Thank you Mr. Chair. I would just add that, um, Representative Koford has given us a really unique opportunity, uh, to reach out to the agricultural community. This really has been very farmer driven, farm bureau driven, uh, department of Ag driven. And so we've had the opportunity over the last several months to say, okay, if we're going to lease water, this is ought how it ought to look. And we appreciate the opportunity to bring that forward to you all today.
- Committee chair1:16:28
Great. Appreciate all of your work on this. Um, let me bring it to the committee then for any clarifying questions. Does that conclude your
- Rep. Jill Koford1:16:36
presentation representative? It does. Thank you, Mr. Mr. Chair. Thank you.
- Committee chair1:16:39
Senator Sandall. Thank
- Sen. Scott D. Sandall1:16:40
You Mr. Chair. So yeah, I'm the senate sponsor, but I do have a question in case, in case this comes up and it has come up. So this is a logistic question. So in the leasing program, say, uh, somebody midstream or higher up in the stream decides to lease water. Let's say that's 10 acre feet or 10 CFS, whatever it is. Well, by the time it gets to the, the lessor, which may be in this case is the lake, there's only eight. How are we, how are we going to account for the, the differential loss that we're gonna see as we come through the system? And is there a mechanism to protect someone from claiming, okay, I actually leased 10, but I only got eight delivered to me. And the other question I have is in the system, is there enough capacity and how do we deliver the water in, uh, quantities? Like we're normally not used to seeing this much water, it's getting diverted. So we've got, we've got a physical barrier trying to get that water there. And we also have a depletion or depletion component that I'm just wanting to make sure that we don't fall into a trap here to, to protect the, the Lecy of the water. Yeah, I'm going to let Hannah have that handle that question because she's been in the weeds on how that's gonna work.
- Hannah Freeze, Deputy Commissioner, Office of the Great Salt Lake Commissioner1:18:09
Yeah. If I may, Mr. Chair, please go ahead. Thank you, Senator Sandall. Those are great questions and ones that we have considered very carefully. Um, in terms of delivering the water, we want the program to be flexible so that we can do that, um, in periods of time that may work best for the water right holder or the canal company. So if we can do that later in the season or earlier in the season so that we can avoid some of those intervening diverters that we might run into. Um, and then the depletion losses in the system are taken into account when we file that change application with the state engineer's office, uh, that's something that will be looked at extensively. What that shepherding pathway is, what those losses will be so that we know that we are actually paying for the, or getting the water that we're paying for, um, as a state and then also accounting properly for, we're not over promising Right. The water that's being delivered through the system. 'cause those losses will absolutely happen. So
- Sen. Scott D. Sandall1:18:59
Do you the the bill file, excuse me, Mr. Chair? No, go ahead. Follow up. So you think the bill file
- Hannah Freeze, Deputy Commissioner, Office of the Great Salt Lake Commissioner1:19:04
adequately protects both parties? The the, the lease or the lessee and the lessor? Yes, I do. And I would also defer to the state engineer if she would have anything Else prior to that.
- Sen. Scott D. Sandall1:19:17
I just wanna make sure we don't run into a liability issue.
- Hannah Freeze, Deputy Commissioner, Office of the Great Salt Lake Commissioner1:19:19
Yes. On one end or the other. Okay.
- Sen. Scott D. Sandall1:19:22
Yes. Thank you Mr. Chair.
- Unknown speaker1:19:23speaker not certain
Thank you. Senator. I have a question that kind of goes a a little bit in hand with that. Uh, just reading from the University of Utah's water study on, on the river and, uh, it concerns appropriate amounts of release so that there, there are species of fish that need to go upstream. So how will that be monitored to make sure we don't, um, put a species out into extinction? Um, just trying to do the right thing.
- Sen. Scott D. Sandall1:19:57
Right. So I guess, and I'm gonna let Hannah correct me if I'm wrong, it all comes down to the timing of that and coordinating with our districts and the water districts to make sure that, I mean, that's the last thing that anybody wants to see happen. We have to be very thoughtful and very methodical in the timing of how, how and when the water is released. And that's what that shepherding is all about, to make sure that we're delivering it and that we're doing it at the right time.
- Committee chair1:20:20
Great. I appreciate all of your thoughts and work on it, um, and everybody over the months getting prepared for this. Okay, thank you. I don't see any other questions from the committee, so I'll open it to the public. If anyone has come to speak on behalf of this. I see one, two to four hands. So if you'll line up on the front row there. We'll let you come up and yeah, we'll, we'll do that. Representative if you can just alternate. Welcome, commissioner. Go ahead.
- Kelly Pearson, Commissioner, Utah Department of Agriculture and Food1:20:46
Thank you, Mr. Chair. My name is Kelly Pearson. I'm the Commissioner of Agriculture for the state and I'm here to support, uh, house Bill four 10 water leasing amendments that creates a water leasing program that will allow AG producers to lease a portion of their water rights to benefit the Great Salt Lake. We appreciate the sponsor and the Great Salt Lake Commission for engaging us in this program that will allow AG to be part of the solution to protect the lake in a way that's not detrimental to agriculture. Um, this bill creates a program that is voluntarily, I wanna repeat that. It's very volunteer, um, for the producers, compensates them for a leased water and is temporary as to not harm long-term production. We support the guardrails of the, uh, of producers not being able to participate more than two of the five growing seasons that rep the representation of the UDAF commissioner and ag producer on the board. We think also, we also think that basing compensation on acreage and the price of a alpha and the price of alfalfa is the appropriate approach. The bill strikes a good balance and we think it can go hand in hand with the U DAF water optimization program. Water optimization projects allow producers to have more control over how they use their water, which gives them the flexibility to lease under this program should they choose. So we hope the committee will support this bill.
- Committee chair1:22:18
Thank you commissioner. Appreciate your testimony. Welcome, director. Go ahead.
- Teresa Wilhelmsen, State Engineer and Director, Utah Division of Water Rights1:22:21
Yeah, so Theresa Wilhelmson, state engineer and director of the Division of Water Rights. And, um, we support this bill. Um, we do, as is mentioned, it's a companion with the dedicated water application and it does have elements that help us streamline and prioritize and shepherd through existing river systems to make sure that the appropriate quantities are getting where those quantities need to go. So we support the bill and hope that you do, who is as well. Great.
- Committee chair1:22:47
Thank you, director. Next. Welcome. Please introduce yourself.
- Adri Boun, resident, Wasatch Front1:22:52
Thank you committee members. My name is Adrie Brown and I'm here speaking in support of HB four 10 water leasing amendments as a citizen along the Wasatch Front. I remember when I was younger, being able to go to the Great Salt Lake during summer camp. At that time, you could even float in it. I saw its beauty with my own eyes, and I want my younger sisters to experience that same lake. HB four 10 creates a clear state run pathway to lease water to the Great Salt Lake. This bill will streamline the process and ensure that least water is actually delivered to the lake. This is a practical, scalable step towards a healthier, great Salt Lake and a healthier future for Utah. I urge you to support this bill. Thank you.
- Committee chair1:23:30
Thank you. Next, please go ahead,
- Matt Anderson, Utah Coordinator, Property Environment Research Center1:23:33
Mr. Chair members of the committee. Matt Anderson. I'm the Utah coordinator for the Property Environment Research Center, which is non-profit dedicated to using private property rights and free markets to address some of the country's most pressing environmental issues. This is a wonderful bill and we want to thank the sponsor so much for engaging with us on it. One thing in particular that we really, really like about this bill is it requires dam managers to move lease water through their dams. These are private property rights. People own these. When they sell them to other organizations, to the state, whoever it may be, they're selling it with the expectation the water gets to where it's supposed to go. And so we really love that, that it's protection, protecting those private property rights as we urge you to support this bill. Thank you.
- Committee chair1:24:11
Great. Thank you. Okay, we have two, uh, participants on land I'll recognize First will be Sierra Nelson. Sierra, if you would turn on your camera and unmute and Warren Peterson will be to you next
- Sierra Nelson, Executive Director, Utah Wool Growers Association1:24:32
Thank you committee for your time. I'd like to begin by thanking the sponsor and all our partners for this work on this legislation. This is a complex topic with many moving parts.
- Committee chair1:24:42
Sierra, would you share Your, just introduce yourself, who you represent. Oh,
- Sierra Nelson, Executive Director, Utah Wool Growers Association1:24:45
Sorry, I'm, It's all good. With the Utah Little Growers Association. What day is it? Where am I? I don't know. Anyway, I'm gonna go on anyway. Uh, you know, this is a complex topic, a lot of moving parts, and we share your deep concern for the Great Salt Lake. As the executive director of the Yuk Utah Wool Growers Association, I represent landowners and water right holders who've managed these resources since long before statehood even. We support this bill and we wanna be partners in state the lake, but we also must ensure the legislation is practically sound. I'll admit I had to use three different screens just to reference the code in this bill. So please bear with me if my concern seems slightly remedial. Um,
- Unknown speaker1:25:33speaker not certain
You're freezing up on us a little bit, Sierra. We're Voluntary. Sorry. We've all experienced this. Uh, I like market driven. I like agricultural safeguards. Duration, um, while wine 4 21 correctly. Hello? Hello? Hello? Yeah, Sierra, we're just, can you hear me breaking up a little bit? So, oh, shoot. Okay. Try, try this. Go ahead and start speaking again. You're, Let's see, You're freezing up. I killed my wifi. Can you hear me now? There it is. Haha.
- Sierra Nelson, Executive Director, Utah Wool Growers Association1:26:15
I don't know how far you want me to ramble. I've rambled ways. I'll go back to voluntary, temporary and market driven. I love those, but I still have a couple concerns. Okay. Um, duration and perpetuity. While 4 21 correctly limits the full year water leasing to two out of every five years, the same safeguard appears to be missing for split season leasing. We're concerned this could allow for leasing perpetuity. And I realize that code 73 dash three dash three specifically subsections c and j may offer some limits. The current bill language is unclear and that requires explicit clarification to protect long-term water security. Further, I have a concern about infrastructure and shepherding costs. In the sheep business, we know how to move things. It's specifically sheep, but shepherding water is a different challenge. For example, most vis diversions on the Weaver River are designed to take full flows, not precise increments. And so if a neighbor upstream leases the water, every downstream user is then suddenly burdened with an affirmed obligation to bypass that specific flow. And this requires either manual labor costing up to a thousand dollars a day or infrastructure upgrades like weirs or head gates running $50,000 each. And the bill fails to acknowledge that these massive externalized costs while releasing water from storage after the irrigation system or season, might avoid some of these issues that requires federal cooperation under the Warren Act. So until these infrastructure costs are accounted for, the program places an unfair financial burden on those not even participating in the lease and maybe doesn't convey the water like we need it to. So, I don't know. I'm a little lengthy. I appreciate your time. We do support the bill. And again, thank this sponsors for their hard work on it. This is such a heavy topic. So thank you guys for this, for your work on this complex issue, and thank you for letting me weigh in.
- Committee chair1:28:00
Thank you, Sierra, for participating and sharing your testimony. We'll go to our last public comment, Warren Peterson.
- Warren Peterson, Farm Bureau1:28:09
Thank you Mr. Chair Warren Peterson. And I'm, I'm still calling in from beautiful Downtown Oasis. Now this, this bill I everything that's, I, I'm here speaking on in support of the bill on behalf of Farm Bureau, and there's been a lot of good reasons for this. Bill. Let, let me just touch on a couple of other points. One is, uh, Ms. Nelson Nelson talked to this, but there, it's, this lake is so complex, it's teaching us all sorts of things and, and the sponsor has gone to great efforts and has brought in many other people to help fit this thing in amongst all the other pieces of the puzzle that are going on to help Great Salt Lake. And when that's, it's all fit into place, it may not be perfect, but it's a very good bill and the lake is teaching us, we don't have time to stop and fix every detail. Let's get, let's move forward and learn as we go. And for that, that reason, I suggest that it's, it's good to move this bill forward and ask for your support for that. Let me, let me highlight one other thing that the two of five years provision has something, I don't know if this is the intended consequence, but one of the things that does is prevents speculators from coming in and trying to harvest the money that should otherwise be going to agriculture under that, you know, temporary, voluntary, and, uh, compensated arrangement. So it's an excellent provision overall. The bills just got a lot working for it. And so our request from Farm Bureau has please move it forward and let's, let's get to work helping farmers help the lake. Thank you.
- Committee chair1:29:42
Thank you. Thank you to all of our public comment, um, for your input today. And we'll bring it back to the committee to Senator Hinkins.
- Sen. David P. Hinkins1:29:52
Uh, thank you Mr. Chairman. You know, this is real similar to the same thing that we've done on the Colorado River with the last couple years we've been doing this. So we, uh, appropriated some money for that and, and it's worked out real well. I mean, we still haven't got a lot of water in the Colorado River, but, you know, at least it's an effort and it's kind of helped with our, uh, relationship with the downstream, uh, states, California, Arizona, and, uh, Nevada that we've been making efforts for that. And so I think it's the same thing with the communities here in Salt Lake. This, uh, you know, it's, I know the, the road to hell has paved in good intentions, but, you know, we're, we're doing the best we can and, uh, we're really, you know, I think it's worked out well down there. And I think this is similar and I think it's gonna work out well here, especially where you're monitoring it to make sure that it actually gets there. Because sometimes you might, uh, sacrifice upstream, but somebody downstream always benefits from it. So if we can keep those head gates shut from, from, uh, downstream, it will really help to help fill the lake. And so I'm, I'm very in supportive of this as well. And so I would make a motion that we pass out House Bill four 10. First, first substitute with the favor recommendation.
- Committee chair1:31:04
Okay. Thank you, Senator. The motion is that we pass out house Bill four ten first substitute, uh, discussion to the motion from the committee saying none. I'll come back to you, representative for summation.
- Rep. Jill Koford1:31:20
I really appreciate the, the support on the bill. Um, I do wanna clarify, um, the one question about Specula bringing speculators in. We were very intentional in the two out of five years. If there's some questions on that, I'm happy to work on with the drafting attorney. If we need to clarify anything that's, that's a new concern that hasn't been brought up before. And we've had several meetings over several months with a lot of, um, input from stakeholders across the state. Uh, so I just really appreciate your support. Thank you, Mr. Chair.
- Committee chair1:31:50
Thank you, Senator. Yeah,
- Unknown speaker1:31:52speaker not certain
sitting back hasn't been a very good, uh, you know, it's not a good option and I think this is a step forward and I'm supportive of it and I think, uh, the committee ought to support it and send it to the floor.
- Committee chair1:32:03
Okay. With that, I will place the motion. All in favor of passing out house bill. Four 10 per substitute water leasing amendments to the full body of the Senate indicate by saying aye. Aye. Aye. Aye. Opposed? If any say nay. Hey, rule that passes unanimous. Thank you. Thank you. Thanks for joining our committee today representative. Okay, we will are on to our last item.
- Sen. David P. Hinkins1:32:25
Mr. Chairman, last item. Mr. Do you like to Make, would you like me to make a motion to on the minutes, approve the minutes of February 18th?
- Committee chair1:32:32
Thank you, Senator. We, we were able to fix that. Okay. We were able to fix the, the tech issue. We were gonna hold those, but now it's appropriate. If you would please make that motion.
- Sen. David P. Hinkins1:32:41
I'd like to make a motion that we've approved the minutes of February 18th, 2026.
- Committee chair1:32:45
Thank you. Motion is in order. Discussion to the motion to approve our minutes from February 18th. None. Seeing none, I'll place the motion. All in favor say aye. Aye. Aye. Aye. Approve. Uh, opposed, if any say nay favor. That passes unanimously. Thank you Senator. On our last item, Senate bill 2 52.
- Mar 4, 2026 Senate floor debate▶ Watch
Transcript (7 turns)
- Presiding officer (Senate President)1:33:22
Discussion. That motion. Seeing none. All in favor say aye. Any opposed or will That passes the bill as amended. Senator Sandall.
- Sen. Scott D. Sandall1:33:30
Thank you. This bill creates a state run, uh, program to lease water, primarily agriculture water for the bend of the Great Salt Lake. Streamlines certain water leases and provides funding, oversight and enforcement to ensure leased water actually reaches the lake, uh, creates the great Salt Lake pres uh, preservation program. Lease agricultural water establishes a new governing board, provides 2.75 million non lapsing into a fund to carry this out. The, uh, agri agricultural safeguards, it limits leases so the land cannot be taken out of full irrigation. Uh, it requires only two of the, of a five year period for the same field and is completely voluntary without, I'm open to any questions.
- Presiding officer (Senate President)1:34:16
Thank you. Are there questions or discussion to the bill? There are none. So Senator, Senator, back to you for a motion.
- Sen. Scott D. Sandall1:34:23
I would move that, uh, under suspension of the rules. First substitute house bill four 10 as amended pass. And the question is under suspension of the rule shall first substitute house bill before 10 pass? Let me restate that. Yeah, that's correct 'cause it's amended.
- Presiding officer (Senate President)1:34:43
First substitute house bill before 10 pass rule call vote. Senator Vickers Baldry Leiner Bus Colmore Escamia Fillmore Grover Harper Aye. Hankins Aye. Ipson Aye. Johnson Juab McKay Mikel Milner Musselman Owens pitcher Lum Rebi Sandal Stevenson Stratton Bickers a ler Aye. Wilson Aye. Winterton President Adams First substitute house bill for tan, having received 22 yay votes, zero na votes seven being absent passed the Senate be returned to the house for further consideration. House bill 5 0 7, Second substitute house bill 5 0 7. Second substitute house bill 5 0 7.
- Presiding officer (Senate President)1:36:16
Senator Cullimore. Senator Cullimore. Motion to circle All in favor of the motion to circle, say aye. Any opposed? So rule that passes the bill, circled House Bill five 30 House Bill five 30, state permitting counsel. Senator Hinkins. Senator Hinkins.
- Sen. David P. Hinkins1:36:39
Thank you Mr. President Pro Temp This bill, uh,
- Mar 5, 2026 Senate floor debate▶ Watch
Transcript (10 turns)
- Unknown speaker2:51:01speaker not certain
Concur with the, with the house.
- Presiding officer2:51:05
Okay. All in favor of the motion to refuse to Concur. Receive, receive. Refuse. Refuse to receive. Thank you. Receive, that's the, that was easy to say. Yeah. All in favor of that motion, say aye. Aye. Any opposed? I'll rule that passes. A conference committee will be set to meet at 1245 in the Senate rules room consisting of Senator Sandall Owens and Plum And the house is appointed Fer, Snyder and Jaylee.
- Unknown speaker2:51:37speaker not certain
The JDP? Yes. Daily. Provo. Okay. Thank you. We will do that. You'll have their conference committee. Alright.
- Presiding officer2:51:54
Do we have any other communications that we need? Not right now. Senator Brammer is your fiscal adult caught up yet? Okay. With that Senator Wilson, we'll go to you for a motion and any announcements if you have those.
- Sen. Chris H. Wilson2:52:17
Yeah, I think the only announcement is we got caucus lunch and, uh, move to the Senate recess until 2:00 PM
- Presiding officer2:52:22
Hang on. We have one more item before that from Senator Plumb.
- Sen. Jen Plumb2:52:26
Quick quick announcement. I could have come to your microphone with it. Um, the Salt Lake City PD is hosting their hundred and 75th anniversary down in the Capitol boardroom between one and three. They have some cool kind of historic items and if anyone's able to stop by, I am sure they would love it. So thank you.
- Presiding officer2:52:40
Thank you. Now, Senator Wilson, uh,
- Sen. Chris H. Wilson2:52:43
Again, caucus lunch and I moved the Senate recess until 2:00 PM
- Presiding officer2:52:48
All in favor of the motion to recess to 2:00 PM Say aye. Aye. Any opposed? We are in recess.
- Mar 5, 2026 House floor debate▶ Watch
Transcript (5 turns)
- Speaker (presiding)1:05:38
Our substitute house Bill four 10 Water leasing amendments by Representative Koford. Representative Koford.
- Rep. Jill Koford1:05:46
Mr. Speaker motion to refuse to concur with the Senate and, and that they received their amendments. Thank
- Speaker (presiding)1:05:53
You representative. That motion is in order. Like speak to it.
- Rep. Jill Koford1:05:56
Uh, there were some changes made that I'm not on board with. We need to fix it
- Speaker (presiding)1:06:03
Sounds like a great motion representative discussion to that motion. Seeing none. We'll go ahead and place the motion. The motion before us The House refused to con concur with the Senate amendments on first substitute HB four 10 And ask the Senate to recede from their amendments. All in favor say aye. Aye. Any opposed? Will that motion passes. Okay, representative Madam meeting Clerk
- Mar 5, 2026 Senate floor debate▶ Watch
Transcript (3 turns)
- Unknown speaker4:04speaker not certain
Quan McKay. Aye. Mikel Milner Aye. Musselman Aye. Owens pitcher Plum Rebe Sandal Stevenson. Stratton Vickers. Weiler Aye. Wilson Winterton. President Adams Aye.
- Senate President (presiding)4:30
First substitute house Bill four 10. Having received 25 yay votes, zero na votes four being absent, passes his body again and will be sent to the house for further consideration.
- Senate President (presiding)4:42
They'll deal with that. Do we have an additional conference committee?
- Mar 5, 2026 House floor debate▶ Watch
Transcript (6 turns)
- Rep. Jill Koford2:14:29
Thank you Mr. Speaker. Motion to adopt the conference committee report.
- Speaker (presiding)2:14:33
Thank you Representative Koford. That motion is in order. Uh, would you like to speak to it?
- Rep. Jill Koford2:14:37
Sure. We just needed to clarify some of the leasing language about two out of five years and the fiscal note was cut in half.
- Speaker (presiding)2:14:44
Thank you Representative Koford Discussion to the motion to adopt the conference committee report. See none. We'll go ahead and place the motion. The motion before is the house adopt the conference Committee report on first substitute HP four 10. All in favor say aye. Aye. Aye. Any opposed? Will that motion passes? The conference committee report is adopted and before the body for uh, final or Biden voting will now be open for final passage on first substitute seeing all president having voted voting is now closed. First substitute HB four 10 passed this body with 71 yes votes one no vote. Uh, and will be sent uh, return to the Senate for the signature of the President. Let's go to Representative Peck.
- Rep. Nicholeen P. Peck2:17:19
Thank you Mr. Speaker. Having voted on the prevailing side, I move that we reconsider our actions on fifth substitute SB 2 67.
- Speaker (presiding)2:17:30
Thank you representative. Uh, that was fifth substitute