Utah water rights explained as priorities shift among appropriators

During a recent meeting of the Executive Water Finance Board in Utah, significant discussions centered on the complexities of water rights adjudication in the Gould Wash Division of the Virgin River Drainage. A key focus was the implications of unclaimed or forfeited water rights, which can impact local water availability.

The board clarified that when a water right is deemed abandoned, it is effectively removed from the official record and the regional water budget. This means that the water associated with that right will no longer be available for the original holder or anyone else to purchase or auction. If a water right holder stops using their allocated water and fails to file a claim, that water will bypass their point of diversion and become accessible to downstream users.

The meeting also addressed how new water rights can be obtained in areas that are not fully appropriated. It was emphasized that the board does not sell water rights; instead, individuals interested in acquiring a new water right must file an application to appropriate water, provided the area is open for such actions. Under Utah's doctrine of prior appropriation, water rights are prioritized based on their historical use, meaning that new applicants will receive a junior priority date. This ensures that existing rights holders receive their full allocations before any new appropriators can access water.

The discussions highlighted the importance of understanding water rights management in Utah, particularly as it relates to community water resources and future appropriations. As the board continues to navigate these complex issues, stakeholders are encouraged to stay informed about the evolving landscape of water rights in the region.