Amendments for SB22-114

Senate Journal, March 18
After consideration on the merits, the Committee recommends that SB22-114 be amended
as follows, and as so amended, be referred to the Committee of the Whole with favorable
recommendation.
Amend printed bill, page 13, before line 27 insert:

"SECTION 5. Appropriation. (1) For the 2022-23 state fiscal year,
$19,428 is appropriated to the department of natural resources for use by the
executive director's office. This appropriation is from the general fund. To
implement this act, the department may use this appropriation as follows:
(a) $11,828 for the purchase of legal services.
(b) $7,600 for the purchase of information technology services.
(2) For the 2022-23 state fiscal year, $11,828 is appropriated to the
department of law. This appropriation is from reappropriated funds received
from the department of natural resources under subsection (1)(a) of this section.
To implement this act, the department of law may use this appropriation to
provide legal services for the department of natural resources.
(3) For the 2022-23 state fiscal year, $7,600 is appropriated to the office
of the governor for use by the office of information technology. This
appropriation is from reappropriated funds received from the department of
natural resources under subsection (1)(b) of this section. To implement this act,
the office may use this appropriation to provide information technology services
for the department of natural resources.".

Renumber succeeding section accordingly.

Page 1, line 101, strike "PONDS." and substitute "PONDS, AND, IN CONNECTION
THEREWITH, MAKING AN APPROPRIATIONS.".


Appro-
priations



Senate Journal, March 30
SB22-114 by Senator(s) Hisey and Story; also Representative(s) Roberts and Catlin, McCluskie, Pico-
-Concerning fire suppression ponds.

Amendment No. 1, Agriculture & Natural Resources Committee Amendment.
(Printed in Senate Journal, March 4, page(s) 329-331 and placed in members' bill files.)

Amendment No. 2, Appropriations Committee Amendment.
(Printed in Senate Journal, March 18, page(s) 454 and placed in members' bill files.)

Amendment No. 3(L.009), by Senator Hisey.

Amend the Agriculture and Natural Resources Committee Report, dated March
3, 2022, page 1, after line 9 insert:

"Page 5 of the printed bill, strike lines 13 through 15 and substitute "GENERAL
ASSEMBLY HEREBY DECLARES THAT:
(a) FIRE SUPPRESSION PONDS ARE ESSENTIAL FOR THE PROTECTION OF
PUBLIC SAFETY AND WELFARE; AND
(b) BASED ON THIS DECLARATION, THE STATE ENGINEER IS AUTHORIZED
TO REVIEW APPLICATIONS AND DESIGNATE PONDS AS FIRE SUPPRESSION PONDS
IN ACCORDANCE WITH THIS SECTION.".

Page 5 of the bill, line 24, strike "AND".

Page 5 of the bill, line 27, strike "(4)" and substitute "(3)(a)(III)".

Page 6 of the bill, strike line 1 and substitute "SECTION; AND
(III) FOR EACH POND THAT IS IDENTIFIED AND UNDER CONSIDERATION
AS A POTENTIAL FIRE SUPPRESSION POND, PROVIDE NOTICE OF SUCH FACT TO THE
STATE ENGINEER, WHICH NOTICE MUST INDICATE THE LOCATION AND
APPROXIMATE SURFACE AREA OF THE POND.".".

Page 1 of the committee report, line 10, strike ""(8)"." and substitute ""(5)".".

Page 1 of the committee report, strike lines 11 through 15 and substitute:

"Page 6 of the bill, strike lines 14 through 27.

Page 7 of the bill, strike lines 1 through 22 and substitute:

"(c) IF A POND THAT IS UNDER CONSIDERATION FOR DESIGNATION AS A
FIRE SUPPRESSION POND IS LOCATED IN WHOLE OR IN PART UPON PRIVATE
PROPERTY, A BOARD OF COUNTY COMMISSIONERS SHALL ACQUIRE THE
VOLUNTARY WRITTEN APPROVAL OF EACH OWNER OF PRIVATE PROPERTY THAT
ABUTS THE POND BEFORE THE BOARD APPLIES TO THE STATE ENGINEER FOR THE
DESIGNATION OF THE POND AS A FIRE SUPPRESSION POND.
(d) IF A BOARD OF COUNTY COMMISSIONERS HAS NOTIFIED THE STATE
ENGINEER PURSUANT TO SUBSECTION (3)(a)(III) OF THIS SECTION THAT A POND
IS UNDER CONSIDERATION AS A FIRE SUPPRESSION POND, THE BOARD SHALL
NOTIFY THE STATE ENGINEER PROMPTLY IF AND WHEN THE POND IS NO LONGER
UNDER SUCH CONSIDERATION.".".

Page 1 of the committee report, after line 16 insert:

"Page 8 of the bill, line 2, strike "(4)" and substitute "(3)(a)(III)".".

Page 1 of the committee report, line 19, strike ""(8)"." and substitute ""(5)".".

Page 2 of the committee report, line 3, strike ""(7)(c)"." and substitute
""(4)(c)".".

Page 2 of the committee report, line 14, strike ""(8)(a)"." and substitute
""(5)(a)".".

Page 2 of the committee report, after line 14 insert:

"Page 9 of the bill, line 25, strike "AND".

Page 9 of the bill, strike line 27 and substitute "ENTITIES; AND
(V) BASIN ROUNDTABLES.".".

Page 2 of the committee report, strike line 16 and substitute:

""(7) THE".

Page 2 of the committee report, line 22, strike "(8)" and substitute "(5)".
Page 2 of the committee report, strike line 26 and substitute:

"Page 10 of the bill, strike lines 21 through 24 and substitute "SUPPRESSION
POND, THE STATE ENGINEER SHALL:
(a) CONSIDER WHETHER THE NEEDS ASSESSMENT PERFORMED FOR THE
POND PURSUANT TO SECTION 37-82-107 (3)(a)(II) EVALUATED THE CRITERIA
ESTABLISHED BY RULES PROMULGATED BY THE DIVISION OF FIRE PREVENTION
AND CONTROL PURSUANT TO SECTION 37-82-107 (5); AND
(b) VERIFY THAT THE POND SATISFIES THE REQUIREMENTS DESCRIBED
IN SUBSECTION (10)(a)(II) OF THIS SECTION.".

Page 11 of the bill, strike lines 1 through 6 and substitute:

"(4) WITHIN ONE HUNDRED FIFTY-FOUR DAYS AFTER RECEIVING AN
APPLICATION TO DESIGNATE A FIRE SUPPRESSION POND, THE STATE ENGINEER
SHALL:
(a) REVIEW THE APPLICATION; AND
(b) AT THE STATE ENGINEER'S DISCRETION, DESIGNATE A POND AS A
FIRE SUPPRESSION POND, DENY THE APPLICATION, SCHEDULE A HEARING, OR
REQUEST ADDITIONAL INFORMATION.".

Page 12 of the bill, line 1, strike "TWENTY" and substitute "FIFTEEN".

Page 12 of the bill, strike line 3 and substitute:

"(b) NO SOONER THAN THREE HUNDRED SIXTY-FIVE DAYS BEFORE THE
EXPIRATION OF THE DESIGNATION OF A POND AS".

Page 12 of the bill, line 6, strike "SHALL" and substitute "MAY".

Page 12 of the bill, line 7, strike "37-82-107 (3)." and substitute "37-82-107 (3),
IF THE BOARD DESIRES THAT THE POND BE RECERTIFIED AS A FIRE SUPPRESSION
POND.".".

Page 2 of the committee report, line 27, strike ""(8),"." and substitute ""(5),".".

Page 2 of the committee report, line 28, strike ""(8),"." and substitute ""(5),".".

Page 2 of the committee report, strike line 31.

Page 3 of the committee report, strike line 1 and substitute:

"Page 13 of the bill, strike lines 1 through 3 and substitute "CONTRARY, THE
STATE ENGINEER SHALL NOT:
(I) DESIGNATE MORE THAN THIRTY TOTAL SURFACE ACRES OF POND IN
ANY COUNTY AS A FIRE SUPPRESSION POND; OR
(II) DESIGNATE ANY POND AS A FIRE SUPPRESSION POND UNLESS:".

Page 3 of the committee report, line 2, strike "(I)" and substitute "(A)".

Page 3 of the committee report, line 4, strike "(II)" and substitute "(B)".

Page 3 of the committee report, line 7, strike "(III)" and substitute "(C)".

Page 3 of the committee report, line 10, strike "(IV)" and substitute "(D)".

Page 3 of the committee report, line 12, strike "(V)" and substitute "(E)".

Page 3 of the committee report, line 17, strike "(10)(a)(V)" and substitute
"(10)(a)(II)(E)".

Page 3 of the committee report, line 20, strike "37-82-107 (3)(a)(II);" and
substitute "37-82-107 (3)(a)(II), INCLUDING A SUMMARY OF FINDINGS;".

Page 3 of the committee report, strike lines 22 and 23 and substitute "AS A FIRE
SUPPRESSION POND; AND".

Page 3 of the committee report, line 25, strike "THIRTY-FIVE" and substitute
"ONE HUNDRED FORTY".

Page 3 of the committee report, after line 27 insert:

"(c) IN SUBMITTING AN APPLICATION FOR THE DESIGNATION OF A POND
AS A FIRE SUPPRESSION POND, A BOARD OF COUNTRY COMMISSIONERS MUST
INCLUDE WITH THE APPLICATION EVIDENCE THAT THE BOARD PROVIDED THE
NOTICE DESCRIBED IN SUBSECTION (10)(a)(II)(E) OF THIS SECTION.".

Page 3 of the committee report, line 28, strike "THIRTY-FIVE" and substitute
"SEVENTY".

Page 4 of the committee report, line 3, strike "(8);" and substitute "(5);".

Page 4 of the committee report, line 15, strike "(8)" and substitute "(5)".

As amended, ordered engrossed and placed on the calendar for third reading and final
passage.


Senate Journal, April 1
SB22-114 by Senator(s) Hisey and Story; also Representative(s) Roberts and Catlin, McCluskie, Pico-
-Concerning fire suppression ponds, and, in connection therewith, making an
appropriations.

A majority of those elected to the Senate having voted in the affirmative, Senator Hisey
was given permission to offer a third reading amendment.

Third Reading Amendment No. 1(L.010), by Senator Hisey.

Amend engrossed bill, page 13, line 17, strike "COUNTRY" and substitute
"COUNTY".

The amendment was passed on the following roll call vote:

YES 34 NO 0 EXCUSED 1 ABSENT 0
Bridges Y Ginal Y Lee Y Simpson E
Buckner Y Gonzales Y Liston Y Smallwood Y
Coleman Y Hansen Y Lundeen Y Sonnenberg Y
Cooke Y Hinrichsen Y Moreno Y Story Y
Coram Y Hisey Y Pettersen Y Winter Y
Danielson Y Holbert Y Priola Y Woodward Y
Donovan Y Jaquez Y Rankin Y Zenzinger Y
Fields Y Kirkmeyer Y Rodriguez Y President Y
Gardner Y Kolker Y Scott Y

The question being "Shall the bill, as amended, pass?", the roll call was taken with the
following result:

YES 31 NO 3 EXCUSED 1 ABSENT 0
Bridges Y Ginal Y Lee Y Simpson E
Buckner Y Gonzales Y Liston Y Smallwood Y
Coleman Y Hansen Y Lundeen N Sonnenberg Y
Cooke Y Hinrichsen Y Moreno Y Story Y
Coram Y Hisey Y Pettersen Y Winter Y
Danielson Y Holbert Y Priola Y Woodward Y
Donovan N Jaquez Y Rankin Y Zenzinger Y
Fields Y Kirkmeyer Y Rodriguez Y President Y
Gardner N Kolker Y Scott Y


House Journal, May 2
9 SB22-114 be amended as follows, and as so amended, be referred to
10 the Committee of the Whole with favorable
11 recommendation:
12
13 Amend reengrossed bill, page 1, line 102, strike "APPROPRIATIONS." and
14 substitute "APPROPRIATION.".
15
16

House Journal, May 3
21 Amendment No. 1, Appropriations Report, dated May 2, 2022, and
22 placed in member’s bill file; Report also printed in House Journal, May 2,
23 2022.
24
25 Amendment No. 2, Agriculture, Livestock, & Water Report, dated
26 April 11, 2022, and placed in member’s bill file; Report also printed in
27 House Journal, April 12, 2022.
28
29 Amendment No. 3, by Representative Roberts:
30
31 Amend reengrossed bill, page 7, strike lines 6 and 7 and substitute:
32
33 "(4) UNLESS OTHERWISE REQUIRED BY LAW OR AS NEEDED TO
34 ADDRESS DAM SAFETY".
35
36 Page 12, line 26, strike "AND".
37
38 Page 13, line 4, strike "LOCATED." and substitute "LOCATED; AND".
39
40 Page 13, after line 4 insert:
41
42 "(F) THE STATE ENGINEER DETERMINES THAT EVIDENCE PROVIDED
43 BY A HOLDER OF A DECREED WATER RIGHT IN RESPONSE TO THE NOTICE
44 DESCRIBED IN SUBSECTION (10)(a)(I)(E) OF THIS SECTION WAS
45 INSUFFICIENT TO REBUT THE PRESUMPTION OF NO MATERIAL INJURY, AS
46 DESCRIBED IN SECTION 37-92-602 (8)(i).".
47
48 Amendment No. 4, by Representative Roberts:
49
50 Amend reengrossed bill, page 13, after line 20 insert:
51
52 "(11) AFTER A BOARD OF COUNTY COMMISSIONERS SUBMITS AN
53 APPLICATION TO THE STATE ENGINEER FOR THE DESIGNATION OF A FIRE
54 SUPPRESSION POND PURSUANT TO SECTION 37-82-107, A HOLDER OF A
55 DECREED WATER RIGHT MAY REQUEST THAT IF THE STATE ENGINEER
1 DESIGNATES THE POND AS A FIRE SUPPRESSION POND, THE STATE
2 ENGINEER SHALL PROVIDE NOTICE OF THE DESIGNATION TO THE HOLDER
3 OF THE DECREED WATER RIGHT WITHIN FOURTEEN DAYS AFTER THE
4 DESIGNATION. IF THE STATE ENGINEER RECEIVES SUCH A REQUEST, THE
5 STATE ENGINEER SHALL PROVIDE SUCH NOTICE.".
6
7 Renumber succeeding subsection accordingly.
8
9 As amended, ordered revised and placed on the Calendar for Third
10 Reading and Final Passage.
11