House approves limited storm-water capture rights after debate over development use

The House on Feb. 1 passed House Bill 36, a measure permitting homeowners to collect up to 2,500 gallons of rainwater on private property for personal use (e.g., irrigation or flushing toilets) and clarifying that such capture does not constitute a water right.

Representative Nielsen, who presented the bill and carried an amendment requested by Salt Lake City, said the amendment would add language to prevent captured water from being used to establish availability for land-use development. He described the amendment as balancing watershed protection against private-property interests and said he was "absolutely agnostic" on how members should vote.

During floor debate the sponsor noted the state engineer and the Utah Farm Bureau had taken neutral stances on the bill. After voice votes on the proposed Salt Lake City amendment, the chair ruled the amendment failed and the underlying bill was approved. The clerk recorded House Bill 36 as passing 72-0 and the bill will be transmitted to the Senate.

Representative Nielsen characterized the bill as allowing more straightforward household rainwater capture without creating a new water right. "It's just they couldn't create a new one," he said while explaining limits and trade-offs.

What happens next: The bill will be transmitted to the Senate; members and stakeholders flagged that any future development-origination effects or local water-right questions may require additional rulemaking or statutory clarification.