UtahH.B. 602026 General SessionHouse

Water Rights Amendments

Sponsored By: David Shallenberger (Republican)

Signed by Governor

Natural ResourcesWater RightsState EngineerWater

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Bill Overview

Analyzed Economic Effects

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

You can capture and store rain

You may capture and store rain and other precipitation, as allowed in state law. This lets households and businesses collect rainfall under the set limits and rules.

Changes start May 6, 2026

The law takes effect on May 6, 2026. All parts apply that day unless a section lists a different start date.

Clearer approval and protest rules for water rights

The state engineer approves a water application only if key tests are met. There must be unclaimed water, no harm to existing rights, a plan that is physically and economically feasible (the United States Bureau of Reclamation is exempt from the economic test), no harm to public welfare, proof of money to finish, good faith, and any needed groundwater-plan compliance. Protests count only if they raise a legal approval or denial ground, with 20 days to protest informal notices and 30 days for formal notices. If the plan takes salts or minerals from a navigable lake or stream, the applicant must file a royalty contract and any mineral lease; breaking those terms allows the engineer to reverse approval.

Tighter rules for changing water rights

Permanent and fixed-time change requests use the same steps as new appropriations. The engineer may skip notice when the diversion point moves 660 feet or less. Saved water must be measured, reported, and verified; reuse is limited to net decreases and sustained volumes, and if reuse is only from lower diversion, it must be nonconsumptive and not raise depletion. The engineer investigates temporary change requests and can skip public notice, but must deny any change that impairs an existing right. The engineer may grant time-limited rights, must give at least 60 days’ notice before they expire, and may extend only if the original purpose is still unmet, not due to neglect, and water is still available.

Water shortage orders are not disaster declarations

A governor’s temporary water-shortage order is not a disaster declaration under the Disaster Response and Recovery Act. To use those broader emergency powers, the governor must issue a separate emergency order.

Who can challenge water-right decisions

Only people with a specific, personal injury can ask a court to review a state engineer order. A petitioner must name the state engineer as a respondent. Petitioners must give written notice to each protestant so they can intervene. If required notice is missing, the court dismisses the case without prejudice. Courts cannot award costs against the state engineer.

Sponsors & Cosponsors

Sponsor

  • David Shallenberger

    Republican • House

Cosponsors

  • Keven J. Stratton

    Republican • Senate

Roll Call Votes

All Roll Calls

Yes: 99 • No: 34

Senate vote 2/20/2026

Senate/ uncircled

Yes: 0 • No: 0

Senate vote 2/20/2026

Senate/ passed 3rd reading

Yes: 18 • No: 7

Senate vote 2/19/2026

Senate/ circled

Yes: 0 • No: 0

Senate vote 2/18/2026

Senate/ passed 2nd reading

Yes: 15 • No: 7

House vote 2/12/2026

Senate Comm - Favorable Recommendation

Yes: 5 • No: 1

House vote 2/3/2026

House/ passed 3rd reading

Yes: 54 • No: 17

House vote 2/3/2026

House/ substituted

Yes: 0 • No: 0

House vote 1/23/2026

House Comm - Favorable Recommendation

Yes: 7 • No: 2

Actions Timeline

  1. Governor Signed

    3/23/2026
  2. House/ to Governor

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

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

    2/25/2026House
  5. Enrolled Bill Returned to House or Senate

    2/25/2026
  6. Draft of Enrolled Bill Prepared

    2/24/2026
  7. Bill Received from House for Enrolling

    2/24/2026
  8. House/ signed by Speaker/ sent for enrolling

    2/20/2026House
  9. House/ received from Senate

    2/20/2026House
  10. Senate/ to House

    2/20/2026Senate
  11. Senate/ signed by President/ returned to House

    2/20/2026Senate
  12. Senate/ passed 3rd reading

    2/20/2026Senate
  13. Senate/ uncircled

    2/20/2026Senate
  14. Senate/ circled

    2/19/2026Senate
  15. Senate/ 3rd reading

    2/19/2026Senate
  16. Senate/ passed 2nd reading

    2/18/2026Senate
  17. Senate/ 2nd reading

    2/18/2026Senate
  18. Senate/ placed on 2nd Reading Calendar

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

    2/17/2026Senate
  20. Senate Comm - Favorable Recommendation

    2/12/2026
  21. Senate/ to standing committee

    2/5/2026Senate
  22. Senate/ 1st reading (Introduced)

    2/4/2026Senate
  23. Senate/ received from House

    2/3/2026Senate
  24. House/ to Senate

    2/3/2026House
  25. House/ passed 3rd reading

    2/3/2026House

Bill Text

  • Enrolled

    2/25/2026

  • Substitute #1

    2/2/2026

  • Introduced

    12/22/2025

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