When city councils or county commissions meet to discuss selling water rights, they ought to be able to do so in private.

So says a central Utah legislator, who plans to sponsor a measure to add water rights and shares of stock in water companies to the short list of dealings that public decision-making bodies can debate behind closed doors.

"It's very simple," Rep. Patrick Painter said of his still-unnumbered bill. "It's about a three-word amendment that redefines the classification of water rights and brings it into the present."

The proposed legislation comes at the request of several cities, according to the Nephi Republican, whose district spans parts of Carbon, Juab, Sanpete and Utah counties.

Historically, water rights often have referred to canal shares, Painter said, but times and demands on water are changing -- and the law should evolve as well.

Painter's proposal is drawing a mixed reaction.

Jeff Hunt, a news media attorney and open-records advocate, cautioned that even minor tweaks to state statute can have a dramatic impact.

"You're talking about creating a new exemption to the open-meetings act," Hunt said, "and that hasn't been done for a long time. There should be an especially compelling case as to why you need it."

Sandy water-rights broker Mardell Topham also voiced concerns.

"It seems unwise just to allow cities to meet in secret [on this issue]," he said. "The implications of that are enormous."

Topham also worries the bill could equate water shares with real estate. (Utah's open-meetings act already allows public bodies to hold closed strategy sessions about the sale of real property.)

"Then it would require a real estate license to market them," he said. Topham has such a permit, but some of his colleagues do not.

Mel Spencer, president of Utah Lake Distributing Canal Co., said he has no problem with the sale of water rights being discussed in closed session.

"But to change it to real property," Spencer said, "it would then be taxable and that would be a big deal, a real can of worms."

Painter said he is sponsoring other legislation to exempt all water facilities from taxation.

Terrell Grimley, general manager of Ogden River Water Users Association, shared Spencer's view on closed meetings.

"You should be able to discuss your water rights and stock shares in strategy sessions," Grimley said. "That's appropriate as long as you come back into the open and do everything in the light of day."

Some of Painter's Capitol colleagues say they will need persuading to allow more closed meetings.

"I can see why you want to do it with real estate," said Rep. Ben Ferry, R-Corinne, who farms and operates a feed lot in northern Utah's Box Elder County. "But I want to know what the problem is that you need to have so much secrecy associated with water rights."

cmckitrick@sltrib.com