UtahH.B. 1872026 General SessionHouse

Water Amendments

Sponsored By: Colin W. Jack (Republican)

Signed by Governor

EnvironmentNatural ResourcesWater RightsCompactsWaterWater Conservation

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Bill Overview

Analyzed Economic Effects

5 provisions identified: 1 benefits, 0 costs, 4 mixed.

Broader protections from water-right forfeiture

Beginning May 6, 2026, the law shields many kinds of nonuse from forfeiture. Examples include use under a written, terminable lease; approved conservation fallowing; lack of water supply; storage rights; priority‑date shortages; and when most of a right is used within seven years. Public water suppliers can hold rights for reasonable future need, based on a 40‑year planning horizon. Water conservancy district rights used or planned in the lower basin are also protected; planned use can be shown by affidavit. For saved water sold apart from the underlying right, the nonuse clock starts when the underlying right is forfeited or when the saved‑water title is conveyed. These rules sunset December 31, 2030.

Deadlines on water-right forfeiture cases

Beginning May 6, 2026, a forfeiture case must be filed within 15 years after the last seven‑year nonuse ends. Time covered by approved nonuse applications adds to that window. The state engineer can claim forfeiture in a proposed determination only if recent nonuse falls within that period. Filing or approving a nonuse application is not "beneficial use" and does not save a right already forfeited. If a court finds forfeiture, the water returns to the public and is reassigned by priority. These timing rules sunset December 31, 2030.

Pause nonuse of your water right

Beginning May 6, 2026, you can file a nonuse application on part or all of a water right. The state engineer grants up to seven years for good cause, like financial hardship, physical limits, conservation or recharge work, legal cases, future public need, approved plans, or equipment loss with a resume plan. An approved nonuse excuses use from the filing date and pauses the seven‑year forfeiture clock. The state publishes notice once a week for two weeks; people can protest within 20 days (informal) or 30 days (formal). The state must warn you 60 days before your approval ends. This authority sunsets December 31, 2030.

New rules for instream flow changes

Beginning May 6, 2026, state divisions can file change applications for instream flows or use on sovereign lands. Water users can file fixed‑time or temporary changes, but projects must help wildlife, a state park, or the natural aquatic environment. You must get a division director’s approval first, include legal descriptions and studies, and follow added reviews for deliveries to Colorado River System reservoirs (including approval by the Colorado River Authority executive director). You cannot appropriate unappropriated water for instream flows, and filings are barred when the diversion point is in the lower basin. Use under these approvals counts as beneficial use, and no new access or trespass rights are created on private land.

Clearer water supplier definitions and plans

Beginning May 6, 2026, the law defines who counts as a public entity and as a public water supplier. It covers governments, regulated water companies, certain community water systems, and some water users associations. The state engineer must set standards for written plans that show reasonable future water needs and present the rules to the Legislature before they take effect. These changes sunset December 31, 2030.

Sponsors & Cosponsors

Sponsor

  • Colin W. Jack

    Republican • House

Cosponsors

  • Don L. Ipson

    Republican • Senate

Roll Call Votes

All Roll Calls

Yes: 133 • No: 3

Senate vote 2/26/2026

Senate/ passed 3rd reading

Yes: 20 • No: 1

Senate vote 2/25/2026

Senate/ passed 2nd reading

Yes: 24 • No: 2

House vote 2/18/2026

Senate Comm - Favorable Recommendation

Yes: 4 • No: 0

House vote 2/12/2026

House/ passed 3rd reading

Yes: 66 • No: 0

House vote 2/2/2026

House Comm - Substitute Recommendation

Yes: 10 • No: 0

House vote 2/2/2026

House Comm - Favorable Recommendation

Yes: 9 • No: 0

Actions Timeline

  1. Governor Signed

    3/25/2026
  2. House/ to Governor

    3/12/2026House
  3. House/ received enrolled bill from Printing

    3/12/2026House
  4. House/ enrolled bill to Printing

    3/11/2026House
  5. Enrolled Bill Returned to House or Senate

    3/11/2026
  6. Draft of Enrolled Bill Prepared

    3/2/2026
  7. Bill Received from House for Enrolling

    3/2/2026
  8. House/ signed by Speaker/ sent for enrolling

    2/26/2026House
  9. House/ received from Senate

    2/26/2026House
  10. Senate/ to House

    2/26/2026Senate
  11. Senate/ signed by President/ returned to House

    2/26/2026Senate
  12. Senate/ passed 3rd reading

    2/26/2026Senate
  13. Senate/ 3rd reading

    2/26/2026Senate
  14. Senate/ passed 2nd reading

    2/25/2026Senate
  15. Senate/ 2nd reading

    2/25/2026Senate
  16. Senate/ placed on 2nd Reading Calendar

    2/19/2026Senate
  17. Senate/ committee report favorable

    2/19/2026Senate
  18. Senate Comm - Favorable Recommendation

    2/18/2026
  19. Senate/ to standing committee

    2/17/2026Senate
  20. Senate/ 1st reading (Introduced)

    2/17/2026Senate
  21. Senate/ received from House

    2/12/2026Senate
  22. House/ to Senate

    2/12/2026House
  23. House/ passed 3rd reading

    2/12/2026House
  24. House/ 3rd reading

    2/12/2026House
  25. House/ 2nd reading

    2/3/2026House

Bill Text

  • Enrolled

    3/11/2026

  • Substitute #2

    1/30/2026

  • Substitute #1

    1/13/2026

  • Introduced

    1/7/2026

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