UtahUtah limits reasons officials can reject water-use applications
Utah's state engineer considers objections tied to allowed approval grounds and reviews public harm through water concerns and other factors specifically directed by law.
What it does
The state engineer reviews public harm through water concerns and other factors specified by law. Public-harm grounds cannot justify rejection for effects better handled by another agency or unrelated or negligible effects.
People can object to water-use applications, but the state engineer considers their objections only when they concern an allowed reason to approve or reject the application.
Temporary water-use changes require investigation but not published notice. Approval depends on protecting existing water rights. Applicants denied a temporary change may seek a permanent or fixed-period change.
People can seek court review of a water-application decision only if the state engineer's action has caused or will cause them specific personal harm.
Argument forKeeping water reviews focused on water effects could give applicants clearer rules and avoid overlapping decisions by different agencies.
Argument againstTemporary water changes without published notice could make it harder for other water-right owners to spot possible harm before approval.
More detail
Utah's state engineer must limit reviews of harm to the public to allowed water concerns and other factors specifically directed by law. These limits apply when the engineer reviews water-use applications for harm to public welfare, meaning the public's well-being. Allowed water concerns include useful water use and water quantity, quality, or availability. Public harm cannot justify rejection when preventing, regulating, or reducing that harm falls within another agency's authority or is better handled by that agency. Public harm also cannot justify rejection based on factors unrelated to the allowed concerns or with a negligible effect on them. The law took effect on May 6, 2026.
The state engineer must consider objections only when they address an allowed reason to approve or reject an application. This rule covers objections filed with Utah's state engineer about water-use applications. An interested person may file a protest, meaning a formal objection to the application. The filing deadline is within 20 days after notice is published for an informal proceeding or within 30 days for a formal proceeding. The law took effect on May 6, 2026.
The state engineer must investigate requests for temporary water-use changes but does not have to publish notice. Applicants whose temporary-change requests are rejected may file requests for permanent changes or changes lasting a fixed period. The engineer must approve a temporary change when there is reason to believe it does not harm an existing water right. The engineer must reject it when there is reason to believe it would harm an existing water right. The law took effect on May 6, 2026.
A person seeking court review of an application decision must have suffered or face specific personal harm. This requirement covers people challenging the state engineer's approval or rejection of a water-use application under Section 73-3-8. The harm must result from the state engineer's action under the water-application approval rules. The law took effect on May 6, 2026.
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Where it stands
- Introduced
- Passed House
- Passed Senate
- To Governor
- Became Law
Looking ahead
No hearings or votes scheduled.
History
- 2026
- Mar 23Governor Spencer Cox SignedBecame Law
- Mar 3House/ to GovernorTo Governor
- Mar 3House/ received enrolled bill from PrintingMinor
- Feb 25House/ enrolled bill to Printing
- Feb 25Enrolled Bill Returned to House or SenateMinor
- Feb 24Draft of Enrolled Bill Prepared
- Feb 24Bill Received from House for EnrollingMinor
- Feb 20House/ signed by Speaker/ sent for enrollingMajor
- Vote recorded Senate/ passed 3rd reading. Result: pass.Upper
- Feb 20House/ received from SenateMinor
- Feb 20Senate/ to House
- Feb 20Senate/ signed by President/ returned to HouseMajor
- Feb 20Senate/ passed 3rd readingPassed Senate
- Feb 20Senate/ uncircled
- Feb 19Senate/ circled
- Feb 19Senate/ 3rd readingMinor
- Feb 18Senate/ passed 2nd readingMinor
- Vote recorded Senate/ passed 2nd reading. Result: pass.Upper
- Feb 18Senate/ 2nd readingMinor
- Feb 17Senate/ placed on 2nd Reading Calendar
- Feb 17Senate/ committee report favorable [Senate Natural Resources, Agriculture, and Environment Committee]Minor
- Feb 12Senate Comm - Favorable Recommendation [Senate Natural Resources, Agriculture, and Environment Committee]Minor
- Feb 5Senate/ to standing committee [Senate Natural Resources, Agriculture, and Environment Committee]Minor
- Feb 4Senate/ 1st reading (Introduced)Minor
- Feb 3Senate/ received from HouseMinor
- Vote recorded House/ passed 3rd reading. Result: pass.Lower
- Feb 3House/ to Senate
- Feb 3House/ passed 3rd readingPassed House
- Feb 3House/ substituted
- Feb 3House/ 3rd readingMinor
- Feb 3LFA/ fiscal note publicly available for HB0060S01
- Feb 3LFA/ fiscal note sent to sponsor for HB0060S01
- Feb 2LFA/ bill sent to agencies for fiscal input for HB0060S01
- Feb 2LFA/ bill assigned to staff for fiscal analysis for HB0060S01
- Jan 26House/ 2nd readingMinor
- Jan 26House/ committee report favorable [House Natural Resources, Agriculture, and Environment Committee]Minor
- Jan 23House Comm - Favorable Recommendation [House Natural Resources, Agriculture, and Environment Committee]Minor
- Jan 20House/ to standing committee [House Natural Resources, Agriculture, and Environment Committee]Minor
- Jan 20House/ 1st reading (Introduced)Minor
- Jan 14House/ received fiscal note from Fiscal AnalystMinor
- Jan 14House/ received bill from Legislative ResearchMinor
- Jan 5LFA/ fiscal note publicly available for HB0060
- Jan 5LFA/ fiscal note sent to sponsor for HB0060
- 2025
- Dec 22LFA/ bill sent to agencies for fiscal input for HB0060
- Dec 22LFA/ bill assigned to staff for fiscal analysis for HB0060
- Dec 22Numbered Bill Publicly Distributed
- Dec 22Bill Numbered but not DistributedIntroduced
Environment & Energy