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Division of Water Rights outlines five bills affecting water rights, public‑lands reserves and electronic recording
Summary
The Division of Water Rights highlighted five bills for watershed councils: HB 41 (state water policy amendments), HB 46 (reinstatement application clarifications), HB 47 (public lands/livestock watering and public water reserves 107 guidance), HB 174 (water rights restricted account expansion), and SB 33 (allow electronic signatures for recording). Members discussed public water reserve filings by federal agencies and asked for close review.
Teresa, speaking for the Division of Water Rights, briefed the council on five bills the Division is tracking and encouraged local councils to review language and contact sponsors.
She described HB 41 as focused on state water policy amendments, including studying flexible uses (water banking, split season use) and potential monitoring of activities that impact drinking-water watersheds. HB 46 clarifies timing and forms for reinstatement of lapsed water‑right applications. HB 47 revises livestock watering rights on public lands and adds direction for how the state engineer should evaluate public water reserve (Section 107) filings, emphasizing collaboration and clearer evaluation criteria. HB 174 would allow the Division to use restricted‑account funds for legal support outside adjudications when necessary. SB 33 would allow electronic signatures on certain recorded water-right documents, removing the last statutory requirement for a 'wet' signature in the Division’s processes.
Council members raised concerns about public water reserve filings by BLM and federal agencies (noting recent filings near Moab), potential impacts on grazing and development, and whether the state should seek legislative policy clarity on when federal public water reserves should be filed. Teresa said the Division will evaluate filings and encouraged outreach to Representative Albrecht and others sponsoring bills.
Quote: "If I get public water reserves filed on the Sevier River system… I wouldn't have any dollars to help pay for some legal response," Teresa said, explaining why HB 174 expands the Division’s restricted account authority.
Next steps: watershed councils were asked to review bill language and provide feedback to the Division or contact bill sponsors directly. The Division will evaluate incoming public water reserve filings and coordinate with the legislative subcommittee as needed.
