Committee votes 'do not pass' on bill to define ordinary high-water mark

2952037 ยท April 10, 2025

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Summary

The committee rejected Senate Bill 2325, which sought statutory language for determining the ordinary high-water mark; members said high-water mark language is problematic because water levels change and suggested the issue may belong in a separate study or resolution.

The House Natural Resources Committee on Oct. 12 voted to recommend a do not pass for Senate Bill 2325, a measure that would establish a statutory method for determining the ordinary high-water mark on waterways.

Representative Anderson questioned how the committee would determine a stable high-water mark when water levels and drainage can change year to year. Representative Haggard moved a do-not-pass recommendation; Representative Anderson seconded. Committee members noted testimony both for and against the bill and discussed a separate resolution or study that may address the issue without inserting high-water mark language into the Century Code.

Roll-call votes on the do-not-pass motion were recorded as unanimous in committee. Representative Anderson was named to carry the bill recommendation to the floor. Committee members indicated they preferred the alternative approach of a study or resolution to tackle the measurement problem rather than codifying a single method in statute.