The County Council voted unanimously Tuesday night to wade into the political discussions by requesting an amendment to state law that would allow a proposed Cache County water department to participate in the development of Bear River water projects.

County attorney George Daines said he expects full support for the amendment from Rep. Lyle Hillyard, R-Logan, as well as water conservancy district officials statewide, because the alteration will not alter the interests or authority of other parties, including water districts.

The council also agreed to consider Daines' recommendation for the establishment of a county water department to protect this natural resource.

Daines recommended that the council take advantage of statutory powers that allow counties to develop and obtain water rights with authority that “exceeds the rights granted to water conservancy districts.”

“A county water department can be as strong as the county wants it to be,” Daines said. “The access to funding is clear and forthright.”

Each county's right to purchase, sell or lease water rights, to construct dams and canals, and to pay private contractors on behalf of its residents even supersedes the individual rights of municipalities, Daines said.

Councilman Darrel Gibbons said he is supportive of the county water department after watching efforts to create a water conservancy district sink twice in the county since 1988.

“The internal creation of a new department would completely avoid the taxation without representation problem. It would also allow for full utilization of all existing county infrastructure,” Daines said.

“However, the County Council needs to understand that it would be assuming a new burden with no present revenue sources.”

Council members agreed to consider the implications of this recommendation, including the fact that raising taxes for water development projects might sink their political careers.

“Has the council thought about the idea of raising taxes a million dollars a year for water development?” he said. “We have to assume the responsibility to see that there's adequate [financial] support to get the job done - If we don't do it, who will?”

Council member Gordon Zilles said, "It's going to be the money that's going to be the real hurt, whether it's through a tax by the County Council or by a water conservancy district."

Zilles said he favors the latter option, because the council would have too many competing pressures for tax dollars to guarantee funding for water development.

Council chairman H. Craig Petersen described the proposal as “nefarious” and said it needs to be thoroughly planned, especially in terms of how a water department would be organized and funded.

The council plans to meet as soon as possible with Cache Valley legislative representatives, who are crafting legislation that would affect water development in northern Utah and throughout the state.

abrunson@sltrib.com