Show State EState Engineer I Recommends New NewW W Water a t e r Law LawA LawI I A bill bill which is designed to clarify and nd add to the efficiency of Utah's water laws was being prepared Monday for introduction to the state legislature The proposed legislation is the result of recommendations made to the governor by b State Engineer T. T H. H Humpherys in his twenty sec ond biennial report It is expected to be introduced simultaneously in inthe inthe inthe the senate kind house of representatives on Tuesday by State Sen Sen- Senator Senator ator Arthur O. O Ellett of Utah coun county co county un ty and Representative Heber Ben Ben- Bennion en- en nion Jr of Daggett A wide vide field of subjects is cd d in the 12 point bill embracing underground water interstate streams mineral waters dams and general administration problems Under the proposed statute the thc state engineer would represent Utah on approval of the governor at all interstate where negotiations arc are made and compacts drawn for the division of water of interstate streams such compacts to become binding only on approval aI of the legislature The posed amendment would au- au authorize authorize participation by this state Jn such negotiations as those ing division of the waters of Bear River among Utah Idaho and Wyoming according to the rights Involved It would Serve to clarify the present state law in that re- re respect respect it is believed Authorization would be given I for appropriation bf water from interstate streams for use in border states only if those states accord the same privileges to Utah citizens which the do not hot now do Another amendment proposed would give ive the state engineer on behalf of the water users authority to 10 create a lien upon la Ia water right The he lien would be created if a aa wa water a ater ter user us r refused to pay his share of costs for ifor the salary and expenses of the commissioner who the water for the system The a- a amendment is an attempt to compel the individual to assume his share of these costs 4 In a recent supreme court ruling in the case of Marks Marks Marks' V. V White i Fawn Milling Millin Corporation the I Ration to to such spay such assessments was held as a personal obligation under Binder ithe present wording of the law and when the property was sold this ob obligation obligation did not follow the water right into the hands of the trans trans- feree As a result other water users of f the system will be to assume these costs Under the proposal the state en en- engineer ineer would file notice of the lien tien with the t county Culty recorder r cord r and would w Ild be DC authorized to foreclose any lien hen henso so created Other legislation embodied in the bill bihl ill would give the state engineer express authority to institute suits for enforcement of the water laws This authority has been cd d in the past although the district courts have recognized it as being implied by the present law In the underground un water vater field the bill would require well drillers driller to 10 post a bond of made pay pay- payable payable payable able to the state of Utah and con con- conditioned conditioned Jon km on proper compliance wit with the law This provision woud pre pre- prevent prevent vent large hole drilling am and shot wells which are are responsible ible for much leakage and waste from the th underground water ater bas bas- basins ins proponents of the bill claim It I t is believed the bonding of well wel drillers will cause them to be more mor careful in their work and will wilt in a alar large lar e measure stop activities of ir irresponsible ir- ir irresponsible irresponsible responsible out of the state an and transient well drillers The bill would also permit ermit the the state engineer to issue permits for drilling of wells in incases incases incases cases which in his opinion would not interfere with established rights Other changes and additions to the present pre ent water law which are arc i proposed I 1 Authorization of the state en en- engineer engineer to waive filing of maps pro pro- profiles profiles profiles files and drawings in connection I with water applications if in his bis opinion the written is ade- ade adequate quate thus saving thousands of dol- dol dollars dollars lars for small email appropriation with with- without without without out decreasing de the efficiency of the office 2 Deletion of the present clause relating to the powers and duties of the Utah Water Vater Storage commis commission commission commission sion Sn n providing for extracting of minerals from Great Salt Lake and md to make wake the law consistent with House Bill Dill No 67 Also providing for regular appropriation of water vater from the ake alce for recovering of salt and minerals after contrasts arc are en entered entered into wish the state for pay pay- payment payment ment of royalty 3 Extension of two years time for filing filin of notice of to un un- underground underground un- un underground water 4 4 Authorizing the governor tto to tofile file applications for appropriation of water on behalf of the state pro pro- proposed proposed proposed posed in anticipation n o 0 of the state reorganization bill bilt This proposal is expected ted to cumin eliminate ate confusion of the past as to the proper officer to file for the state and state agencies S. S Authorizing the state engineer to conduct informal proceedings for settlement of disputes over wa wa- water tee ter or distribution problems upon COQ ton ion the interested parties |