State engineer publishes list of 28 unclaimed water rights in Eastland Subdivision; 90-day objection window open

MOAB, Utah — Chase McDonald, assistant state engineer for the Division of Water Rights, told a public meeting in Moab on Oct. 24, 2025, that the office published a list of unclaimed water rights for the Eastland Subdivision two weeks earlier and that landowners have a 90-day window to file objections in the Seventh Judicial District Court.

McDonald, who leads the division's adjudication work, said the list identifies water rights that appear on the state engineer's records but for which no claim was filed. "Any water rights that are not claimed go on that list of unclaimed rights that we're here to talk about today," he said.

The list covers an area within the Eastland Subdivision in Grand County (Moab). The division identified 134 water rights in its records for the area and mailed notices to 359 landowners; 28 water rights appear on the published list of unclaimed rights. The list is filed with the Seventh Judicial District Court and is available on the Division of Water Rights website and at the division's Price and Salt Lake City offices.

Why it matters: Once the district court decrees a list of unclaimed rights, McDonald said, "all diligence based rights are barred from being claimed in the future." He explained that this does not prevent new appropriations in the area but does bar attempts to resurrect unperfected or diligence-based historic claims once the court decrees the list.

How the process works: McDonald reviewed the court-driven adjudication steps under Title 73, Chapter 4 of the Utah Code. He said the process begins with a petition and notice of commencement, followed by a summons, an initial public meeting, and a 90-day period to file claims. Rights not claimed during that period are listed as unclaimed. After publishing the unclaimed-rights list, the division will issue a final summons (published once a week for five weeks in a local newspaper) and re-check records for people who may have been missed.

The division then evaluates claimed rights, conducts field reviews where necessary, and compiles the evaluations into a Proposed Determination to submit to the court. After the Proposed Determination is filed, there is another 90-day objection window before the division may ask the court to decree the Proposed Determination.

Timeline and access: McDonald said the division published the unclaimed-rights list two weeks before the meeting and expects to publish a Proposed Determination by February 2026, subject to the number of objections received. He outlined how to access the filing online at waterrights.utah.gov (Adjudication > Adjudication Status > Southeastern Colorado River > Eastland Subdivision) and offered printed copies at the Price and Salt Lake City offices for a nominal fee.

Public questions and clarifications: During a question-and-answer period, residents asked why adjudication was occurring now and whether it related to local potash or broader water-level issues. McDonald replied that the Eastland Subdivision adjudication stems from petitions filed decades ago and is one segment of a statewide effort. "It's not in response to Lake Powell," he said, adding that adjudication is how the state records and quantifies historic (pre-statutory) water uses and current uses to protect groundwater resources.

A resident asked whether a well drilled in 2005 with an associated application should appear on the list; McDonald said not necessarily. He explained that the division generally adjudicates perfected rights (decreed or where proof of beneficial use resulted in a certificate). He invited residents to speak with staff after the meeting so the office could look up specific situations and help determine whether a right is perfected, unperfected, or on the list.

McDonald emphasized how the state treats water as a public resource: unclaimed or unused rights are not auctioned; rather, if a right is unused, other downstream users may already be relying on that water.

Next steps: The division will publish a final summons in local newspapers once weekly for five weeks (planned for October and November 2025), perform additional record searches, and continue claim evaluations. Landowners who believe a listed right belongs to them must file a written objection with the Seventh Judicial District Court and attach a claim, and also provide a copy to the Division of Water Rights. The division and the Attorney General's Office can assist with procedures for filing court objections.

For further help or to review the list, McDonald provided contact information and asked residents to call or visit the division's website; regional staff (including regional engineer Cash Stallings and team lead Skyler) will meet individually with residents after the public portion of the meeting to review records and answer specific questions.