A Utah Senate standing committee approved a bill Wednesday that would, for the first time, give private groups the right to purchase stream flows for the benefit of trout.

Sen. Peter Knudson, R-Brigham City, told the Senate Natural Resources committee that SB29 imposes nothing on anybody "but it does open an avenue for the use of in-stream flow to protect water habitat" for trout.

Previous water law required owners of water rights to use it or lose it, with the exception that the Division of Wildlife Resources and the Division of Parks and Recreation, which could acquire rights for purposes of wildlife or recreation. SB29 allows the owner of a water right to lease it to a group like Trout Unlimited to help rare native trout.

The bill "harms no one," Knudson added. "It promotes private property, free markets and limited government." The leases would lapse after 10 years unless the Legislature renews the act.

Timothy Hawkes, a lawyer who is a member of Trout Unlimited, said the bill works within the pioneer spirit of cooperation and innovation. Most of the streams involved are high elevation, he added.

Mike Canning, habitat chief for the Division of Wildlife Resources, confirmed that the division supports the bill. It's "a very innovative approach to conserving our native species," division members believe, according to Canning.

"To be truly successful in conservation we need partnerships."

The only negative voice raised in the matter was that of Carly Burton, but he represented a powerful and large constituency.

Burton, executive director of the Utah Water Users Association — which has 600 water users groups under its umbrella — commended backers for the work they had done to make the matter more palatable. But, he added, "We must go on record today in opposition to this bill."

Burton said the majority of the association's board of directors "thinks the law as it stands now is working just fine.

"If the door is open to other groups, it just raises a lot of concern," he said. Allowing the private organizations to purchase water rights for in-stream flows, he said, is like "the camel's nose in the tent." Who knows what will happen, he asked.

Todd Bingham, vice president of the Utah Farm Bureau Federation, said his group has spent a lot of time over the past year talking about the issue. "This one is narrow in scope," he said. It's a pilot program and "it has a sunset." The federation supports the bill, he said.

Sen. Allen Christensen, R-North Ogden, said the water users associations' concerns "are just worries, it seems to me." If problems materialize with the system, he added, people should bring it back to the Legislature and let lawmakers "undo any damage we've done."

SB29 passed without opposition, advancing to the full Senate.

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