2024 Legislature - Water Bills That Did Not Pass

There were a number of water-related bills that were considered during the 2024 legislative session that were ultimately not passed. Below are bill summaries (drafted by the water attorneys at Smith Hartvigsen) about these bills that did not pass.

HB 230 - State Agency Application Review Requirements
Rep. Thomas W. Peterson

House Bill 230 sought to put time limitations on decisions made by agencies within the Utah Department of Natural Resources, including the Utah Division of Water Rights. For example, the bill would have required the Division of Water Rights to issue an Order on a Change Application within 30 days after the protest period ended. Similar timelines would also have been required on other water filings, including Exchange Applications, Nonuse Applications, Reports of Conveyance, Extension Requests, and Proofs of Beneficial Use. If the Division had failed to issue an Order within the timeframe, the filing would have been considered approved.

To read the full text of the bill, click here.

HB 242 (2nd Substitute) - Water Usage Data Amendments
Rep. Melissa G. Ballard

House Bill 242 (2nd Substitute) would have required the Utah Division of Water Resources to study the water use of Utah’s public schools, including charter schools, in the more populous counties. The Division would have to complete the study by October 1, 2025. The results of the study were to include recommendations of actions that schools can take to reduce water use and recommendations to the legislature regarding whether schools should be required to provide annual reports of water use to the Division. The bill would have provided a mechanism for schools and school districts to purchase smart irrigation controllers. Finally, the bill would have required all State agencies to report their annual water use data to the Division beginning in 2027.

To read the full text of the bill, click here.

HB 243 (4th Substitute) - Riparian Amendments
Rep. Gay Lynn Bennion

The original draft of HB 243 would have required counties and municipalities to include a riparian area element in their general plans beginning in 2029. It also would have created a riparian resources database and provided technical assistance in the development of the required plans. Due to concerns about implementation costs and the protection of private property rights, the bill’s regulatory requirements and scope were pared back substantially in successive substitutes to the bill. Ultimately, the 4th Substitute was defeated on the House floor. Rep. Bennion has expressed an intent to continue working with stakeholders in the interim period to introduce another riparian bill in the 2025 Legislature.

To read the full text of the bill, click here.

HB 401 - Water Usage Amendments
Rep. Doug Owens

House Bill 401 was a significant retooling of legislation run by Rep. Owens in the 2023 Legislative Session. The bill would have prohibited the irrigation of lawn or turf in most of northern Utah from October 1 to April 30—the so-called “shoulder seasons.” Violations would have resulted in a fine of at least $50 for the first violation and $100 for successive violations. The bill included exceptions for newly planted sod or grass seed. The Division of Water Rights would have been required to produce an annual “good faith estimate” of water savings from restricting shoulder season irrigation. The bill was on a committee agenda in mid-February, but was not considered in that meeting and never resurfaced during the session. 

To read the full text of the bill, click here.

HJR 27 - Water Efficient Landscaping for New Construction
Rep. Doug Owens

House Joint Resolution 27 recognized the low water level in the Great Salt Lake and the need for conservation in order to help restore the Great Salt Lake. This resolution specifically detailed that landscaping techniques that use less water is an appropriate solution and requested that municipalities and counties adopt water efficiency standards and promote water efficient landscaping. If House Joint Resolution 27 had passed, it would not have been a requirement for municipalities and counties to have water efficient landscaping or water efficiency standards but would have only a suggestion from the legislature. This resolution seems to have not passed as the Utah legislature appears to be much more focused on providing incentives for water conservation instead of mandating conservation or even the appearance of mandating conservation.  

To read the full text of the bill, click here.

SB 118 (4th Substitute) - Water Efficiency Amendments
Sen. Michael K. McKell

Senate Bill 118 (4th Substitute) sought to provide incentives for developers to use water efficient landscaping in new residential developments in the Great Salt Lake Basin. In order to receive any incentives, the district where the residential development would be located needed to request grant money from the Division of Water Resources and provide the Division with a new construction landscaping incentive program. Districts that obtained grants could then disperse grant money to new residential construction projects in accordance with rules set by the Division of Water Resources. Although this bill did not pass, it was extensively worked on and amended. In order to promote conservation, the Utah legislature seems to be focused on providing incentives for conservation instead of requiring conservation through mandates. It would not be surprising if a similar bill is presented in next year’s legislative session.

To read the full text of the bill, click here.

SB 203 (1st Substitute) - Drinking Water Amendments
Sen. Scott D. Sandall

Senate Bill 203 proposed to enact Utah Code section 19-4-116 to permit the Department of Environmental Quality to establish and implement an annual fee on a public water system in the state for the direct delivery of water to an end user for human consumption and other domestic uses, on a per connection or consumption basis; implement a reasonable fee for plan review; and implement a reasonable fee for a public water system sanitary survey. These may all include fees that provide financial incentives for certain public and community water systems, except for wholesale water suppliers. The department would retain the fees as dedicated credits and use the fees to administer the regulation of public water systems, under monitoring from the Office of the Legislative Fiscal Analyst.

 To read the full text of the bill, click here.