House panel deletes provisions to study impact of a pipeline on western desert

Legislators and local officials could have more say in any future agreements in a water dispute between Utah and Nevada.

What they will not have is a guarantee of studies about the impact of the proposed pipeline on plants, animals and water rights in Utah's western desert before any agreement is signed. Those provisions were removed from the bill before it passed the House Natural Resources Committee Tuesday.

Originally, HB422 would have "codified" the studies that were suggested in HJR1. Along with the mandated studies, it would have also required approval of both the governor's office and the Legislature.

In its current form, however, the bill simply creates an advisory committee that includes legislators, local government officials and residents. The committee would work with state officials, although they would not have any final say on the agreement.

Rep. Jackie Biskupski, D-Salt Lake, the bill's sponsor, said that while she was disappointed in the weakened bill, the advisory committee was still an improvement for the impacted people.

"They took the teeth out, but it's important that it moves forward," she said. "Right now, the people on the advisory committee are out of the loop, and they need to be involved."

The problem with requiring the studies to be completed before an agreement primarily revolved around time constraints, Michael Styler, the director of the Department of Natural Resources, said. Instead, he preferred to include stipulations in any agreement that would prevent unintended consequences.

"If you wait for the studies to be completed, it will not be in the best interest of Utah," Styler said, although he would not elaborate when pressed about how it would harm the state. "You need to have some trust in your negotiating team ... I promise I am working with the best interest of Utah and these water rights."

The dispute involves a proposal by the Southern Nevada Water Authority to build a pipeline from the Snake Valley, which is near Utah's western border, south of Great Basin National Park. The water would come from five aquifers, two of which are within Utah but would use water that is currently used by ranchers in the valley.

Styler said that the state has been working with representatives from Nevada to ensure that the livelihoods of the heavily agricultural area is not damaged by the removal of water from the area. He could not give a timeline for a finalized agreement.

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