New Policy Regarding Muncipal Use Water Rights

On December 28, 2018, the State Engineer issued a new policy for extending the list of those allowed to hold municipal water rights. This new policy is an expansion of the State Engineer's policy on municipal use water rights issued in December 2010.

Prior to 2010, only public entities, such as cities, towns, and districts, could hold municipal water rights. The 2010 policy extended municipal use rights to "public water suppliers," as defined in Utah Code section 73-1-4. Public water suppliers are generally larger water providers that serve more than 100 connections or 200 residents on a year-round basis. The new policy extends municipal use rights to "public water systems," which are smaller water providers that serve at least 15 connections or 25 individuals for a minimum of 60 days each year.

If public water systems wish to have municipal use water rights, they will need to file change applications on their water rights to convert them to municipal use. Additionally, all municipal water use will have to be metered and reported to the Division's Water Use Program.

It is important to note that even though the smaller "public water systems" will be allowed to hold municipal use water rights, they are still not qualified as "public water suppliers" and will therefore not be entitled to the special protections provided to public water suppliers under Utah Code sections 73-1-4 and 73-3-12.

To read the full policy, click here.