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Committee approves substitute to recognize historic homestead livestock ponds for diligence claims
Summary
HB 251 (first substitute) would allow recognition of small precipitation‑fed livestock ponds that predate 1903 as evidence in diligence claims for certain homestead patents; the committee adopted the substitute and passed the bill favorably after agency and title‑research testimony.
Representative Tiara Chu presented HB 251 (first substitute), explaining the bill responds to the difficulty some landowners face proving historic use of small livestock watering ponds created as part of homesteads. Chu said the substitute allows recognition of ponds on homesteads up to 640 acres, permits multiple ponds so long as aggregate capacity is less than 20 acre‑feet, and applies only to precipitation‑fed livestock watering ponds used before 1903. The measure includes a rebuttable presumption that a claimed historic pond existed unless someone can show it did not.
Nacia Franco, a title research specialist, described the challenges of finding pre‑1903 evidence in archives and supported the bill as a practical remedy. Utah State Engineer Teresa Wilhamson testified that the state engineer’s office had worked for years on the legal issues and supports the proposal. Representative Arthur moved to adopt the first substitute and recommended passage; the committee adopted the substitute and then passed the bill favorably by unanimous voice vote.
Sponsor and supporters emphasized the bill’s narrow scope: it addresses precipitation‑fed ponds associated with historic homestead occupation and is intended to simplify diligence claims for long‑standing local operations without affecting other water rights or creating interference with existing approvals.
