Conservation Water Law

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Utah is the second driest state in the United States after Nevada. For this reason there is a strong incentive by all of us to conserve and protect this precious natural resource. I am dedicated to helping you, your organization, or business to protect this scarce resource.

Utah Water Law is governed by the appropriation doctrine that is basis of most state’s water codes throughout the Western U.S. The appropriation doctrine can be simplified as a doctrine based on priority, whomever is “first in time is first in right”. This means that whomever was first granted a water right has priority to use its water right over those that were granted their right subsequently. Traditionally, the obligation of the water right holder is to put the water right to “beneficial use” such as for agriculture. However, the definition of “beneficial use” is a dynamic one since the Utah legislature is currently considering expanding the definition of “beneficial use” to allow groups the right to designate in-stream flows for wildlife habitat enhancement or to conserve water.

1. Who is the primary decision-maker in Utah on water appropriation and other decisions related to water?

Applications for a water right must be sent to the state water engineer who also adjudicates water right applications. He/she has many other duties such as dam safety, administering stream alteration permits, water reuse applications, as well as other duties.

2. Do I any have any recourse if someone has applied for a water use or a changed water use and such a use will waste water resources or harm other water users?

Yes. Informal adjudicative “protests” are permitted under Utah State Law and go directly to the Water Engineer. Appeals may be filed in the district court where the water is located 30 days after the engineer’s decision.

3. How do I find out about various decisions for new applications to appropriate water or change applications?

A notice of application must be filed within the official notice section of newspapers once a week for two successive weeks. A protest may be filed within 20 days of the last publication.

4. What are the criteria that the water engineer considers in a new application to appropriate water or a change application?

  • If there is unappropriated water in the source

  • If the proposed use will not interfere with existing rights and will not interfere with more beneficial uses of water

  • If the proposed used is physically and economically feasible and the applicant has the financial ability to complete the project

  • If the application is filed in good faith and not for speculation

  • If the application will not unreasonably harm public recreation or the natural stream environment, and the proposed use will not prove detrimental to the public welfare.

5. Is water exportation (sending Utah water to another state) allowed?

Yes it is, but the decision granting permission to export water must take into consideration the same criteria as granting a normal water right application or changed use application. For some water resources a water compact has been entered into. Water export must be compatible the state’s water conservation policies and cannot be contrary to the public interest. The approval of a water export must not be approved if the present and future water needs of Utah cannot be met without that water.

6. What protections does the state of Utah have for groundwater and aquifer resources?

Under state law if 1/3rd of the water right owners in the groundwater basin request that the state water engineer develop a groundwater management plan than one should be developed. For groundwater sources that are subject to extraction the water engineer is required to determine what the “safe yield” for the water source is so that the integrity of the aquifer is not sacrificed. This means that no more water is being taken from aquifer then can be safely recharged from natural water sources.

The state engineer is to involve the public in development of the groundwater plan through public meetings with a 30 day notice before the meeting. The water engineer should consider scientific studies as well as receive and consider public comments. A draft of the groundwater management plan should be distributed to the public.