House approves groundwater recharge and recovery clarification to support subsurface storage, HB33 passes
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Summary
HB33 clarifies permitting and use of underground recharge and recovery projects, tying recovery to base water rights and allowing subsurface storage to reduce evaporation; the bill passed 67–0 after technical questions from members.
The House passed House Bill 33, which amends the Groundwater Recharge and Recovery Act to clarify authority and permitting for projects that store water underground for later recovery.
Sponsor Michael Noel described the bill as a statutory clarification that treats subsurface recharge and recovery similarly to surface impoundment projects, requiring a base water right and State Engineer permitting. "It's not new water, it's the same water," Noel said when explaining that recharge projects return the same water to beneficial use and are subject to the original water right constraints.
Members asked technical questions about ownership, the analogy to surface impoundments, and whether municipal or other base rights continue to apply. Noel said stored water remains subject to the base water right and emphasized benefits including reduced evaporative losses and potential to avoid costly treatment.
With summation waived, the House voted to pass HB33; the clerk announced 67 yes and 0 nays. The bill will be transmitted to the Senate.
Why it matters: The change clarifies legal mechanisms to store water underground and recover it for beneficial use, potentially helping water managers reduce evaporation losses and maintain supplies during drought.
What’s next: HB33 proceeds to the Utah Senate.
