UtahH.B. 2512026 General SessionHouse

Diligence Claims Water Amendments

Sponsored By: Scott H. Chew (Republican)

Signed by Governor

LivestockAnimalsNatural ResourcesWater RightsAgriculture & FoodState EngineerWater

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Bill Overview

Analyzed Economic Effects

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

Court challenges to water claims

Beginning May 6, 2026, if a claimed diversion may harm you, you can sue to test the claim. File in the county of the diversion or place of use, and name the claimant or their successor. The claimant has the first burden to prove the right. You must notify the State Engineer; after notice, the Engineer may pause any change or exchange based on that claim until the court rules. If you win, file a certified copy of the final order with the State Engineer so it goes in the claim file. Filing a claim with the State Engineer does not decide legal validity.

New filing rules for water claims

Beginning May 6, 2026, you must file on the State Engineer’s form and sign under oath. Your claim must list your name and address; the amount (acre‑feet or cubic feet per second); source; priority date; exact diversion point by U.S. land survey corner; place, nature, and period of use; and the first‑use date. A Utah‑licensed engineer or land surveyor must measure the diversion, confirm the amount matches the use and source, and draw a map of the original works and where water was used. You must deposit money to cover a field investigation and the public notice. The Engineer files complete, funded claims, stamps the date, assigns a number, and publishes notice; incomplete claims are returned. You can file a corrected claim before publication with no extra fee. The Engineer investigates each filed claim and adds a report that can be used in agency or court proceedings. If the claimant is a federal agency, the Engineer also sends a copy to the legislative interim committee.

Protection for homestead livestock ponds

Beginning May 6, 2026, the law presumes you can use small livestock‑watering ponds on a homestead parcel (640 acres or less). The pond must be formed by precipitation (not a diversion), have supported the homestead before patent, and been used as surface water before 1903. You must file a complete claim, deposit investigation and notice costs, and keep total use of all such ponds under 20 acre‑feet per year. Your priority date is the first day the parcel supported livestock, even if before the patent. A protestant can defeat the presumption by proving, by a preponderance of evidence, that the use impairs their water right. The State Engineer may add any signed mitigation agreement to the claim file.

When and where to file water claims

Procedures in subsections (2)–(7) apply only to claims or corrected claims submitted on or after May 14, 2013. The new livestock‑pond rules apply only to claims filed on or after May 6, 2026. After the final summons in a general adjudication, you cannot file a new claim in that area under this section; the State Engineer returns barred or late claims. The law takes effect May 6, 2026.

Sponsors & Cosponsors

Sponsor

Scott H. Chew
Republican • House

Cosponsors

David P. Hinkins
Republican • Senate

Roll Call Votes

All Roll Calls

Yes: 140 • No: 0

Senate vote • 2/26/2026

Senate/ passed 3rd reading

Yes: 19 • No: 0

Senate vote • 2/25/2026

Senate/ passed 2nd reading

Yes: 24 • No: 0

House vote • 2/18/2026

Senate Comm - Favorable Recommendation

Yes: 5 • No: 0

House vote • 2/12/2026

House/ passed 3rd reading

Yes: 68 • No: 0

House vote • 2/2/2026

House Comm - Substitute Recommendation

Yes: 12 • No: 0