UtahLaw presumes water rights for some older livestock ponds
Starting May 6, 2026, claimants may rely on a presumption of water rights for certain livestock ponds if they file a claim and pay required costs.
What it does
Claimants may rely on a presumption of water rights for certain older livestock ponds on small homestead parcels, if they file a complete claim and pay the investigation and notice costs.
Argument forPeople with qualifying older livestock ponds could use the presumption to support a water claim if they meet the filing and payment requirements.
Argument againstA person whose water right may be impaired could have to gather evidence and prove the harm to overcome the claimant’s presumption.
More detail
The law provides a rebuttable presumption that a claimant has the right to use a qualifying livestock watering pond. The presumption covers a pond supporting a homestead parcel of 640 acres or less conveyed by federal patent, when all livestock ponds supporting the parcel together use less than 20 acre-feet of water per year. The pond must form from precipitation, not from diverting a water source, and must directly water livestock or serve related livestock care. The claimant must file an acceptably complete claim and deposit enough money to pay for a field investigation and public notice. A person may challenge the presumption based on harm to their water right and rebut it with more persuasive evidence. If the claimant and challenger agree in writing on how to address the harm, the state engineer may add that agreement to the claim file. The provision applies to claims submitted on or after May 6, 2026. The pond must have existed before the parcel’s federal patent and must have been used as surface water before 1903.
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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 25Governor Spencer Cox SignedBecame Law
- Mar 11House/ to GovernorTo Governor
- Mar 11House/ received enrolled bill from PrintingMinor
- Mar 5House/ enrolled bill to Printing
- Mar 5Enrolled Bill Returned to House or SenateMinor
- Mar 2Draft of Enrolled Bill Prepared
- Mar 2Bill Received from House for EnrollingMinor
- Feb 26House/ signed by Speaker/ sent for enrollingMajor
- Vote recorded Senate/ passed 3rd reading. Result: pass.Upper
- Feb 26House/ received from SenateMinor
- Feb 26Senate/ to House
- Feb 26Senate/ signed by President/ returned to HouseMajor
- Feb 26Senate/ passed 3rd readingPassed Senate
- Feb 26Senate/ 3rd readingMinor
- Feb 25Senate/ passed 2nd readingMinor
- Vote recorded Senate/ passed 2nd reading. Result: pass.Upper
- Feb 25Senate/ 2nd readingMinor
- Feb 19Senate/ placed on 2nd Reading Calendar
- Feb 19Senate/ committee report favorable [Senate Natural Resources, Agriculture, and Environment Committee]Minor
- Feb 18Senate Comm - Favorable Recommendation [Senate Natural Resources, Agriculture, and Environment Committee]Minor
- Feb 17Senate/ to standing committee [Senate Natural Resources, Agriculture, and Environment Committee]Minor
- Feb 17Senate/ 1st reading (Introduced)Minor
- Feb 12Senate/ received from HouseMinor
- Vote recorded House/ passed 3rd reading. Result: pass.Lower
- Feb 12House/ to Senate
- Feb 12House/ passed 3rd readingPassed House
- Feb 12House/ 3rd readingMinor
- Feb 3LFA/ fiscal note publicly available for HB0251S01
- Feb 3LFA/ fiscal note sent to sponsor for HB0251S01
- Feb 3House/ 2nd readingMinor
- Feb 3House/ comm rpt/ substituted [House Natural Resources, Agriculture, and Environment Committee]
- Feb 2House Comm - Favorable Recommendation [House Natural Resources, Agriculture, and Environment Committee]Minor
- Feb 2House Comm - Substitute Recommendation [House Natural Resources, Agriculture, and Environment Committee]Major
- Feb 2LFA/ bill sent to agencies for fiscal input for HB0251S01
- Feb 2LFA/ bill assigned to staff for fiscal analysis for HB0251S01
- Jan 28House/ to standing committee [House Natural Resources, Agriculture, and Environment Committee]Minor
- Jan 20House/ 1st reading (Introduced)Minor
- Jan 20House/ received fiscal note from Fiscal AnalystMinor
- Jan 20House/ received bill from Legislative ResearchMinor
- Jan 17LFA/ fiscal note publicly available for HB0251
- Jan 17LFA/ fiscal note sent to sponsor for HB0251
- Jan 14LFA/ bill sent to agencies for fiscal input for HB0251
- Jan 14LFA/ bill assigned to staff for fiscal analysis for HB0251
- Jan 14Numbered Bill Publicly Distributed
- Jan 14Bill Numbered but not DistributedIntroduced
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