Enrolled Copy H.B. 47
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Public Lands Watering Rights Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Carl R. Albrecht
Senate Sponsor: Derrin R. Owens
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LONG TITLE
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General Description:
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This bill addresses livestock watering rights on public lands.
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Highlighted Provisions:
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This bill:
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▸ modifies the definition provision;
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▸ repeals language regarding livestock water use certificates;
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▸ addresses when a federal land management agency reduces livestock grazing animal unit
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month (AUMs);
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▸ addresses a claim under Public Water Reserve No. 107; and
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▸ makes technical and conforming changes.
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Money Appropriated in this Bill:
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None
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Other Special Clauses:
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None
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Utah Code Sections Affected:
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AMENDS:
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73-2-14, as last amended by Laws of Utah 2020, Chapter 421
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73-3-31, as last amended by Laws of Utah 2022, Chapter 68
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Be it enacted by the Legislature of the state of Utah:
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Section 1. Section 73-2-14 is amended to read:
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73-2-14 . Fees of state engineer -- Deposited as a dedicated credit.
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(1) The state engineer shall charge fees pursuant to Section 63J-1-504 for the following:
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(a) applications to appropriate water; H.B. 47 Enrolled Copy
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(b) applications to temporarily appropriate water;
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(c) applications for a change;
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(d) applications for exchange;
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(e) applications for nonuse of water;
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(f) applications to appropriate water, or make a change, for use outside the state filed
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pursuant to Title 73, Chapter 3a, Water Exports;
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(g) groundwater recovery permits;
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(h) diligence claims for surface or underground water filed pursuant to Section 73-5-13;
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(i) republication of notice to water users after amendment of application where required
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by this title;
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(j) applications to segregate;
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(k) requests for an extension of time in which to submit proof of appropriation not to
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exceed 14 years after the date of approval of the application;
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(l) requests for an extension of time in which to submit proof of appropriation 14 years
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or more after the date of approval of the application;
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(m) groundwater recharge permits;
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(n) applications for a well driller's license, annual renewal of a well driller's license, and
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late annual renewal of a well driller's license;
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(o) certification of copies;
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(p) preparing copies of documents; and
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(q) reports of water right conveyance[; and] .
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[(r) requests for a livestock water use certificate under Section 73-3-31.]
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(2) Fees for the services specified in Subsections (1)(a) through (i) shall be based upon the
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rate of flow or volume of water. If it is proposed to appropriate by both direct flow and
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storage, the fee shall be based upon either the rate of flow or annual volume of water
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stored, whichever fee is greater.
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(3) Fees collected under this section:
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(a) shall be deposited [in] into the General Fund as a dedicated credit to be used by the
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Division of Water Rights; and
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(b) may only be used by the Division of Water Rights to:
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(i) meet the publication of notice requirements under this title;
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(ii) process reports of water right conveyance; and
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[(iii) process a request for a livestock water use certificate; and]
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[(iv)] (iii) hire an employee to assist with processing an application.
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Section 2. Section 73-3-31 is amended to read:
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73-3-31 . Water right for watering livestock on public land -- Public Water
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Reserve No. 107.
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(1) As used in this section:
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(a) "Acquire" means to gain the right to use water through obtaining:
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(i) an approved application to appropriate water; or
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(ii) a perfected water right.
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(b) "Allotment" means a designated area of public land available for livestock grazing.
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(c) "Animal unit month (AUM)" is the amount of forage needed to sustain one cow and
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her calf, one horse, or five sheep and goats for one month.
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(d)(i) "Beneficial user" means the person that has the right to use the grazing permit.
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(ii) "Beneficial user" does not mean the public land agency issuing the grazing permit.
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(e) "Grazing permit" means a document authorizing livestock to graze on an allotment.
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(f) "Livestock" means a domestic animal raised or kept for profit or personal use.
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(g) "Livestock watering right" means a right for:
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(i) livestock to consume water:
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(A) directly from the water source located on public land; or
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(B) from an impoundment located on public land into which the water is diverted;
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and
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(ii) associated uses of water related to the raising and care of livestock on public land.
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(h)(i) "Public land" means land owned or managed by the United States or the state.
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(ii) "Public land" does not mean land owned by:
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(A) the Division of Wildlife Resources;
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(B) the School and Institutional Trust Lands Administration;
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(C) the Division of State Parks; or
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[(D) the Division of Outdoor Recreation.]
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(D) the Division of Forestry, Fire, and State Lands.
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(i) "Public land agency" means the agency that owns or manages the public land.
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(j) "Public Water Reserve No. 107" means a claim for water under Public Water Reserve
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No. 107, Exec. Order of April 17, 1926.
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(2) A public land agency may not:
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(a) condition the issuance, renewal, amendment, or extension of any permit, approval,
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license, allotment, easement, right-of-way, or other land use occupancy agreement
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regarding livestock on the transfer of any water right directly to the public land
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agency;
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(b) require any water user to apply for, or acquire a water right in the name of[,] the
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public land agency as a condition for the issuance, renewal, amendment, or extension
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of any permit, approval, license, allotment, easement, right-of-way, or other land use
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occupancy agreement regarding livestock; or
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(c) acquire a livestock watering right if the public land agency is not a beneficial user.
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(3) The state engineer may not approve a change application under Section 73-3-3 for a
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livestock watering right or Public Water Reserve No. 107 claim without the written
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consent of the beneficial user.
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(4) A beneficial user may file a nonuse application under Section 73-1-4 on a livestock
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watering right or a portion of a livestock watering right that the beneficial user puts to
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beneficial use.
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(5) A livestock watering right or Public Water Reserve No. 107 claim is appurtenant to the
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allotment on which the livestock is watered.
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[(6)(a)(i) A beneficial user or a public land agency may file a request with the state
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engineer for a livestock water use certificate.]
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[(ii) The state engineer shall:]
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[(A) provide the livestock water use certificate application form on the Internet;
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and]
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[(B) allow electronic submission of the livestock water use certificate application.]
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[(b) The state engineer shall grant a livestock water use certificate to a beneficial user if
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the beneficial user:]
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[(i) demonstrates that the beneficial user has a right to use a grazing permit for the
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allotment to which the livestock watering right is appurtenant; and]
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[(ii) pays the fee set in accordance with Section 73-2-14.]
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[(c) A livestock water use certificate is valid as long as the livestock watering right is:]
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[(i) held by a beneficial user who has the right to use the grazing permit and graze
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livestock on the allotment;]
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[(ii) put to beneficial use within a seven-year time period; or]
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[(iii) subject to a nonuse application approved under Section 73-1-4.]
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[(7)] (6) A beneficial user may access or improve an allotment as necessary for the
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beneficial user to beneficially use, develop, and maintain the [beneficial user's ]water
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right appurtenant to the allotment.
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[(8)] (7) If a federal land management agency reduces livestock grazing animal unit month (
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AUMs) on federal grazing allotments, and the reduction results in the potential, partial
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forfeiture of an appropriated water right[,] :
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(a) a beneficial user may file a nonuse application under Section 73-1-4 for the amount
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of water in question for nonuse as a livestock water right [shall be held in trust by the
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state engineer until such water may be appropriated for livestock watering, ]
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consistent with this [act and] section and other state law[.] ;
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(b) the state engineer shall approve a nonuse application filed under this Subsection (7);
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and
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(c) the amount of water in question for nonuse as a livestock water right may not be used
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for a purpose other than watering livestock.
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[(9)] (8) [Nothing] Except under Subsection (9), nothing in this section affects a livestock
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watering right [or a livestock water use certificate ]held by a public land agency on May
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13, 2014.
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(9)(a) To recognize a Public Water Reserve No. 107 claim for a spring or water hole on
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public land owned or managed by a federal public land agency, the state engineer
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shall:
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(i) require that the public land agency:
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(A) file a statement of claim pursuant to Section 73-4-5 with the state engineer;
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(B) file the statement of claim described in Subsection (9)(a)(i)(A) with the
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written consent of the beneficial user of the Public Water Reserve No. 107
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claim; and
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(C) establish the extent to which, as of April 17, 1926, the Public Water Reserve
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No. 107 use supported the beneficial use of livestock watering and human
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consumption by grazing permittees, including the quantity of water required to
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fulfill the purpose of the claim;
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(ii) determine whether the spring or water hole claimed under Public Water Reserve
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No. 107:
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(A) is an important spring or a water hole that provides enough water for general
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use for livestock watering purposes;
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(B) affords more than enough water for the use of one family and the family's
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domestic animals;
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(C) is accessible to livestock and satisfies the need for livestock watering and
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human consumption by grazing permittees;
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(D) existed on April 17, 1926; and
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(E) is formed naturally and not due to artificial development or human-made
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structures; and
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(iii) determine whether the purposes described in this Subsection (9) would be
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frustrated without the water.
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(b) The state engineer may not recognize more than one Public Water Reserve No. 107
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claim within a 40-acre parcel or a Public Water Reserve No. 107 claim that is closer
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than 1/4 mile from another Public Water Reserve No. 107 claim.
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(c) The state engineer may not recognize a Public Water Reserve No. 107 claim that has
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as its beneficial use the watering of wildlife, as defined in Section 23A-1-101.
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(d) A Public Water Reserve No. 107 claim may not impair a water right that existed
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before April 17, 1926.
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Section 3. Effective Date.
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This bill takes effect on May 7, 2025.
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