Utah lets water-right holders seek approval to add conservation uses

Water-right holders can seek state approval to add an allowed use through a dedicated water application. Allowed uses cover specified stream sections, sovereign lands—a legally defined land category—and reservoirs partly or entirely within Utah's Colorado River System. Private applicants must obtain written agreement from a relevant state division director before filing for stream or sovereign-land uses. Those uses must support wildlife, state parks, or the natural water environment. Reservoir projects must follow a listed drought or conservation program. Applicants must first obtain written agreement from the Colorado River Authority of Utah's executive director. Applications can cover a fixed or indefinite period and allow different uses within one calendar year. Approval does not require an annual supply or a set water amount. The law took effect on May 6, 2026.

The state engineer must give dedicated water applications priority when processing them. These rules cover dedicated water applications, including applications involving agricultural fields. The state engineer may deny an application that would take the same field out of agricultural use for a full irrigation season in more than two years out of five. These provisions took effect on May 6, 2026.

Dedicated water approvals stay tied to the original water right, and the state engineer may require owners to report their water use. These rules cover approved dedicated water applications and the water rights supporting them. A dedicated water application cannot be separated from the water right or application supporting it. The state engineer may require yearly notice of planned use, annual water amounts, and information confirming delivery and the owner's legal interest. Approval ends automatically if the original right expires, is withdrawn, or is declared forfeited or abandoned. Approval also ends upon the state engineer's notice if the owner loses their legal interest, delivery becomes impossible as approved, approval conditions are unmet, or requested information is missing. These provisions took effect on May 6, 2026.

The state engineer charges a fee for dedicated water applications based on water flow or volume. The fee covers dedicated water applications. The law does not state a dollar amount. When water is proposed for both direct flow and storage, the fee uses the flow rate or annual stored volume, whichever produces the higher charge. The fee provisions took effect on May 6, 2026.

Dedicated water applications are exempt from the general construction and water-use deadline rule and proof-of-use filings. The exemptions apply to dedicated water applications themselves, rather than the original water rights supporting them. Approval does not change existing terms of the original water right or extend deadlines for proving its use or taking other required steps. These provisions took effect on May 6, 2026.