UtahH.B. 3482026 General SessionHouse

Dedicated Water Amendments

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Bill Overview

Analyzed Economic Effects

6 provisions identified: 1 benefits, 2 costs, 3 mixed.

Water applicants can submit fewer drawings

Beginning May 6, 2026, certain water-use proof filings can include one map, profile, or drawing instead of all three. The document must come from a Utah-licensed land surveyor or professional engineer. The State Engineer can waive it when written proof adequately describes the works and actual water use. Existing expanded proof requirements remain for qualifying government projects and public-supplier surface storage projects larger than 1,000 acre-feet.

Water dedication applicants pay filing fees

Beginning May 6, 2026, applicants pay a fee for each dedicated-water application, based on water flow or volume. When direct flow and storage are both proposed, the storage component governs, using the greater of flow rate or annual stored volume. The law does not specify fee amounts. Revenue goes into the General Fund as money reserved for the Division of Water Rights. It can only fund required notices, water-right transfer reports, and an employee who helps process applications.

Water dedications face reporting and cancellation

Beginning May 6, 2026, the State Engineer can require annual notices stating intent to dedicate water and expected volumes. Owners can also be required to provide information verifying delivery, water quantity, and their legal interest in the right. Approval ends automatically if the underlying right lapses, is withdrawn, or is declared forfeited or abandoned. After notice, approval also ends if the owner loses their legal interest, delivery becomes impossible, conditions are broken, or requested information is missing.

Priority water reviews include farm protections

Beginning May 6, 2026, the State Engineer must prioritize dedicated-water applications under existing water-right review procedures. The engineer may deny a dedication that removes the same field from farming for a full irrigation season in more than two years out of five. Dedicated applications are exempt from the ordinary proof-filing requirements, and dedicated and fixed-time approvals need no newly assigned construction or water-use deadline. Dedicated applications still need legal descriptions of the water-right segment and use or delivery location, plus any required public-benefit and need studies. The engineer must record and send approval or rejection decisions on the decision day.

State divisions gain limited water-buying authority

Beginning May 6, 2026, Utah’s wildlife, parks, and forestry divisions can file dedicated-water applications and permanent, fixed-time, or temporary changes. This includes the Division of Forestry, Fire, and State Lands. Divisions can use rights they own or obtain through leases, gifts, agreements, exchanges, contributions, or land purchases. Buying rights for stream or sovereign-land uses requires money specifically approved by the Legislature for water-right purchases. Divisions can accept donated rights without separate legislative approval, but cannot acquire water rights through eminent domain for any purpose.

Water users gain new dedication options

Beginning May 6, 2026, water users can apply to add stream flows, sovereign-land uses, or qualifying reservoir deliveries to existing water rights. Dedications can last a fixed time or indefinitely, with different uses in different seasons of the same year. Stream and sovereign-land uses must support wildlife, state parks, or the natural water environment; individual filers need written division-director concurrence. Reservoir deliveries require Colorado River Authority of Utah concurrence and a qualifying Utah Colorado River System reservoir and conservation program. Eligible programs include the Colorado River Drought Contingency Plan, Bureau of Reclamation-funded conservation, and state-authorized conservation. Approval does not change the underlying right’s other terms, extend existing deadlines, guarantee water, or grant access across private property. Dedicated water cannot be separated from its underlying right, and users cannot claim unappropriated water for stream or sovereign-land uses.

Sponsors & Cosponsors

Sponsor

Jill Koford
Republican • House

Cosponsors

Sahara Hayes
Democratic • House
Stephanie Pitcher
Democratic • Senate
Scott D. Sandall
Republican • Senate

Roll Call Votes

All Roll Calls

Yes: 126 • No: 0

Senate vote • 3/6/2026

Senate/ passed 2nd & 3rd readings/ suspension

Yes: 26 • No: 0

Senate vote • 2/24/2026

Senate Comm - Favorable Recommendation

Yes: 4 • No: 0

House vote • 2/17/2026

House/ passed 3rd reading

Yes: 70 • No: 0

House vote • 2/5/2026

House Comm - Substitute Recommendation

Yes: 13 • No: 0