2026 Legislative Preview

The 2026 General Session of the Utah Legislature begins next week. Below are summaries (written by the water attorneys at Smith Hartvigsen) of the water-related bills that have been released so far. As the session goes along, additional water bills will certainly be released.

HB 13 – Municipal Services Fees and Political Subdivision Lien Amendments
(Rep. Paul A. Cutler)

House Bill 13 seeks to revise Utah Code sections 10-6-106, 10-7-14, 10-8-22 and 17B-1-902.1 to define two new terms and revise various existing terms. The bill also seeks to enact Utah Code sections 10-6-161 and 10-6-162. The new code provisions authorize a municipality or special district to charge interest on past due fees (including water fees), collect a one-time penalty on past due fees as an administrative cost, and place a political subdivision lien on property for certain past due services.

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

HB 19 – Drinking Water Utilities Amendments
(Rep. Colin Jack)

The Public Utilities, Energy, and Technology Interim Committee recommended House Bill 19, which addresses security concerns at public water facilities. The bill seeks to amend the Safe Drinking Water Act, enacting a new section of the Act to require facilities to create an emergency response plan, and requiring the Director of the Division of Drinking Water to ensure that facilities have an emergency response plan. Broadly, the plan must address system security, vulnerability assessment, breach reporting, and compliance with applicable state and federal requirements.

The bill also eliminates an express mandate that the Director of the Division of Drinking Water study and report to the legislature on opportunities for water providers and governmental entities to “find greater efficiencies” related to “water use and conservation” and “administrative and economic efficiencies.” A broader mandate to advise, consult, and cooperate with other government entities in furtherance of the purposes of the Safe Drinking Water Act would remain.

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

HB 60 – Water Rights Amendments
(Rep. David Shallenberger)

House Bill 60, which the Legislative Water Development Commission has recommended favorably, would make several modifications to the change application process. First, it would clarify that the State Engineer may only consider a protest on a water right application “to the extent the protest addresses a basis for which the state engineer may approve or reject the application,” potentially limiting baseless protests.

Second, the bill would clarify that the State Engineer is not required to publish notice of temporary one-year change applications, and that applicants whose temporary change applications are rejected may file a permanent or fixed time change application.

Third, the bill would provide more detail regarding the State Engineer’s ability to determine whether a water right application would prove detrimental to the public welfare. It would direct the State Engineer to “consider only issues directly related to …the beneficial use of water; or...the quantity, quality, or availability of water in the state.” It would also limit the State Engineer from considering or relying upon considerations regarding: (1) a potential detriment to the public welfare if another regulatory agency is better suited to address the potential detrimental effect; (b) the potential detriment is based upon the volume of water on or flow of water across sovereign land, unless directed otherwise by statute; or (c) the factors that would support a finding of a detrimental impact to the public welfare are: (i) not directly associated with the beneficial use of water or the quantity, quality, or availability of water; or (ii) are primarily related to indirect or negligible environmental, economic social, or other effects of the proposed plan.

Lastly, the bill would specify that a person may only seek judicial review of an order of the State Engineer if “the person has suffered or will suffer a particularized injury from an action taken by the state engineer…”

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

HB 63 – Livestock Watering Amendments
(Rep. Scott Chew)

House Bill 63 would establish a new legal framework for obtaining formal recognition of “sub-basin livestock watering claims.” The Bill defines key terms such as “livestock” (domestic animals raised for profit or personal use), “small pond” (water impoundment up to 900 square feet and 5 feet deep), and “large pond” ( all ponds larger than small ponds). The bill allows water right holders to submit sub-basin livestock water right claims to the State Engineer as diligence claims, water user claims in the context of a general adjudication, or change applications, with specific requirements including identifying a sub-drainage area boundary. The claims are subject to forfeiture for nonuse and other requirements related to a diligence claim, water user claim, or change application.

Claimants may only base sub-basin livestock watering claims on privately owned land or public land with a grazing permit, and claims must be based on historically documented livestock watering rights. The bill would restrict water right holders from increasing their beneficial use beyond historical levels, require limits on water depletion, and prohibit moving water between sub-basins if doing so would impair existing water rights. Additionally, the bill would regulate pond construction by allowing small ponds to be built without a change application and requiring approval for large ponds, which must also meet dam safety requirements.

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

HB 69 – Drinking Water Restructuring Amendments
(Rep. Carl Albrecht)

House Bill 69 is intended to create new tools which can be utilized by the Division of Drinking Water (DDW) to intervene in the management of public water systems with chronic violations of the state’s Safe Drinking Water Act (SDWA).

Current law allows the DDW Director to file a civil suit for appropriate relief, including a temporary or permanent injunction, for violations of the SDWA which could trigger the issuance of a compliance order by the Director. This bill would expand the basis for civil suits to include the enforcement of rules created by the issuance of orders, including orders to a public water supplier to discontinue using unsatisfactory sources of drinking water, to notify the public of the need to boil water, or to take remedial actions to protect or improve a water system.

The remedies available to the Director by initiating a civil suit would also be expanded to allow the court to appoint a receiver to take possession of and manage a public water system when a water system’s violations pose a serious health risk and the water supplier is unwilling or unable to take corrective or remedial action. The court could also require a water supplier to divest ownership of a public water system, if such an action is needed to ensure long-term compliance with the SDWA.

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

HB 76 – Data Center Water Policy Amendments
(Rep. Jill Koford)

House Bill 76 seeks to enact Utah Code 73-5-8.3, which imposes new reporting requirements upon large data centers. These requirements include communication with the Division of Water Rights on water sourcing, amount of water to be used annually, projected discharges by type and amount, treatment of discharges, efforts to reduce water consumption, and efforts to protect the public from polluted water. This bill will also allow enforcement of these requirements by daily fines upon the large data center. Additionally, before a land use authority can approve a land use application for a new large data center, the land use authority must notify the Division of Water Rights, Division of Water Quality, and any relevant water supplier.

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

HB 154 – Water Loss Study Amendments
(Rep. Doug Owens)

House Bill 154 seeks to require the Division of Water Resources, in conjunction with the Division of Drinking Water, to conduct a study regarding water loss by public water systems. The study would compile and analyze water loss estimates based on system size and would be based on data provided by public water systems from 2015 to 2024. The study would also provide industry standard water loss principles and practices, and would make recommendations on how to improve water loss estimates and how to reduce actual water losses. The Division would report its findings under the study to the Legislative Water Development Commission by October 31, 2026.

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

HB 155 – Water Rates Amendments
(Rep. Doug Owens)

House Bill 155 seeks to modify Utah Code section 73-10-32.5 regarding culinary water pricing structures. The bill would require that a retail water supplier that provides culinary water for outdoor use must incorporate at least three increasing block units into the water rate structure for a customer classification that primarily serves residential customers. The structure would include (1) one block unit of water representing efficient indoor water use; (2) one block unit of water representing efficient water use that includes outdoor water use; and (3) one block unit of water representing wasteful or excessive water use. The structure would have to be in place by July 1, 2027. The bill also adds language that the rate increases for block units should be “sufficient to provide a clear price signal or financial incentive to a customer to consider reducing the customer’s water use.”

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

HB 187 – Water Amendments
(Rep. Colin Jack)

Under House Bill 187, water rights owned or leased by a water conservancy district which are diverted or used in the lower basin of the Colorado River—essentially the area which drains into the Colorado River below Glen Canyon Dam—would be exempt from claims of abandonment or forfeiture under Utah Code Section 73-1-4. Currently, public water suppliers such as water conservancy districts are protected from claims of abandonment or forfeiture so long as their water rights are being held for the “reasonable future water requirement of the public,” evidenced by a 40-year plan for future use of the water rights. In addition, the bill would prohibit filing instream flow change applications under Utah Code Section 73-3-30 where the point of diversion is located in the lower basin.

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

HB 247 – Great Salt Lake Funding Amendments
(Rep. Raymond P. Ward)

House Bill 247 proposes a change to the expenditure of revenue generated by the brine shrimp tax. The revenue would be deposited into the Sovereign Lands Management Account, and $125,000 would be used as directed by the Great Salt Lake Advisory Council for the benefit of the lake and the remainder would be used to lease water rights to be deposited into the lake or to fund projects that benefits the brine shrimp population in the lake.

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

HB 251 – Diligence Claims Water Amendments
(Rep. Scott Chew)

House Bill 251 seeks to amend Utah Code section 73-5-13 regarding diligence claims. The bill proposes a number of edits to clarify and update the language of the statute. The bill also proposes to add a new section to the statute regarding stockwatering ponds. The bill would create a rebuttable presumption that a claimant has the right to the use of a stockwatering pond if the claimant files a diligence claim with the State Engineer (with some requirements omitted) and pays the diligence claim fees – so long as the pond is “in support of a homestead parcel” and the pond existed before the patent was issued for the homestead parcel. The presumption may be rebutted by a protesting party who asserts impairment of their water right, but the State Engineer may not consider claims of impairment unless the issue is raised in a timely protest.

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

SB 21 – Geothermal Amendments
(Sen. Michael McKell)

The ownership of geothermal resources—defined as the natural heat of the earth and the energy which can be extracted from it—has been a controversial topic in other states with geothermal development, with some courts and state legislatures vesting the right to geothermal resources in the owner of the subsurface mineral estate, and others in the owner of the surface estate. Senate Bill 21 vests geothermal resource rights in the owner of the surface estate, unless the geothermal resource is otherwise expressly conveyed or reserved. The bill also clarifies that a water right is needed to use a geothermal fluid, which is water and steam at temperatures higher than 100 degrees centigrade (down from 120 degrees under current law) naturally present in a geothermal system.

The bill also relaxes requirements for submitting applications, well logs, or other records for wells regulated by the Division of Water Rights by giving the State Engineer discretion on whether to impose such requirements. It also clarifies the procedures and terms for surety bonds and increases the Division’s flexibility in imposing and requiring maintenance of the bonds.

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

SB 46 – Water Wise Landscaping Amendments
(Sen. Keven J. Stratton)

Senate Bill 46 seeks to amend Utah law governing landscaping and outdoor water use at state government facilities to strengthen water-efficiency standards and to clarify key definitions. The bill limits the amount of non-functional lawn or turf allowed at state facilities built or reconstructed after May 4, 2022, generally capping such turf at the lesser of 20% of landscaped grounds or the applicable local ordinance and prohibiting it in park strips unless an exemption is granted by the Division of Water Resources. The bill also requires state agencies to restrict overhead spray irrigation during daytime hours and to implement efficient irrigation technologies and maintenance practices. For facilities built or reconstructed on or after May 6, 2026, the bill further requires water-wise landscaping, including canopy coverage of at least 50% of facility grounds (which may include functional turf), subject to local ordinances.

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

SB 130 – River Restoration Amendments
(Sen. Lincoln Fillmore)

Senate Bill 130 seeks to modify how the Division of Forestry, Fire, and State Lands expends money on Jordan River improvement projects. The bill proposes that each year, at least 2% of the Outdoor Adventure Infrastructure Restricted Account will be used by the Division for Jordan River recreational access grants. The bill also proposes a new code section under which the Division may expend money for enhancing safety, recreation, and conservation along the Jordan River; create partnerships to increase access to recreational activities on the Jordan River; contracting with law enforcement to provide patrol, security, and law enforcement along the Jordan River; and provide trail maintenance, invasive species removal, environmental education, and other services associated with the Jordan River. The Division is mandated to consult with the Jordan River Commission on proposed expenditures.

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