Last summer's deadly Logan canal collapse is spurring efforts to identify potential hazards along Utah's waterways, but a House bill would keep those findings secret from the public and even the courts.
That is, if there ever were any findings from HB60, the Water Conveyance Facilities Safety Act. Compliance, if the measure passes, would be voluntary.
The bill, sponsored by Rep. Fred Hunsaker, R-Logan, says water companies should create management plans identifying potential hazards along their canals or ditches. Voluntary compliance would give them continued access to state revolving funds. Noncompliance would cut them off from state money for repairs or hazard prevention.
But Hunsaker's bill would make the plans exempt from the Government Records Access and Management Act, Utah's open-records law. And if a lawsuit were filed in the event of canal failure, the management plans -- or the lack of them -- would not be allowed as evidence in civil negligence, injury or damages litigation.
But because the canal companies wouldn't have to actually file the plans with the state, only certify that they exist, would they be records at all? And what would be their point?
On Wednesday, Hunsaker told a House committee, which held the bill for further study, the records exemption would prevent "unnecessary criticism" for a problem that may not have an answer -- that is, in the event of catastrophe, who is liable?
Knowing canal companies have made plans, albeit not open to public review, should give Utahns comfort. "Just what do they need to know?" Hunsaker asked. "The public is going to be in a much better position [with] this bill than without it."
Rep. John Mathis, R-Vernal, said the GRAMA exemption troubled him. Since the bill addresses the possible loss of human life, he said, why would it include a privacy protection?
Open-government advocates questioned the measure's apparent "just trust us" approach.
Linda Petersen, president of the Utah Foundation for Open Government, pointed out that the state routinely regulates private business in the interest of public health, safety and welfare.
"This bill seeks ... to protect water companies at the expense of the public," Petersen said.
After the hearing, Brigham Young University communications professor Joel Campbell, representing the Utah Press Association, criticized the bill for having more concern for liability than public safety or transparent government.
Campbell said the bill is "just a nice suggestion" that wouldn't accomplish much.
» HB60 comes after the July 11 collapse of the Logan Northern Canal, which killed Jacqueline Leavey and her two children, Victor and Abbey Alanis, in a landslide that enveloped their home.
» Gov. Gary Herbert ordered the Executive Water Task Force to come up with a response.
» The task force chose to examine responsibility, risk management, safety and maintenance, as well as who is going to pay for it all, rather than who might be liable. But because canals can collapse despite all preventive efforts, Rep. Fred Hunsaker, R-Logan, said Wednesday, "I don't think there is an answer as to liability."
» Leavey's relatives have filed notice they intend to file multiple, perhaps competing lawsuits against Logan, the canal company and possibly Cache County, alleging the canal was negligently maintained and that officials failed to heed numerous warnings.
