HB 47 revises Utah law governing livestock watering rights on public lands. It removes the statutory fee and application process for livestock water use certificates, updates definitions related to public land, beneficial user, livestock watering rights, and Public Water Reserve No. 107, and makes technical changes to the state engineer’s fee provisions. The bill also clarifies that a public land agency may not require transfer of a water right to the agency or require a water right to be acquired in the agency’s name as a condition of grazing or other livestock-related land use permissions.
The bill further addresses what happens when a federal land management agency reduces grazing AUMs on federal allotments. In that situation, a beneficial user may file a nonuse application for the affected water right, the state engineer must approve that nonuse application, and the water may not be used for any purpose other than livestock watering. The bill also sets out a detailed process for recognizing Public Water Reserve No. 107 claims on springs or water holes, including filing requirements, limits on the number and proximity of claims, and protections for pre-1926 water rights.
Impact
HB 47 amends Sections 73-2-14 and 73-3-31 of the Utah Code. It eliminates references to livestock water use certificates from the state engineer’s fee schedule and removes the certificate issuance provisions from the livestock watering rights statute. It also adds or clarifies rules governing appurtenant livestock watering rights on public land, nonuse applications tied to reduced grazing AUMs, and the recognition of Public Water Reserve No. 107 claims, while preserving existing water rights that predate April 17, 1926.
Sentiment
The bill appears to have been broadly supported and noncontroversial in the legislative process. It received unanimous favorable recommendations in committee and passed both chambers with no recorded opposition votes. That voting pattern suggests general agreement with the bill’s approach to clarifying livestock watering rights and public lands water administration.
Contention
The main policy issues addressed by the bill involve the relationship between grazing permit holders, public land agencies, and water rights ownership. The bill limits public land agencies from conditioning grazing-related approvals on transfer of water rights to the agency, and it requires the state engineer to honor the beneficial user’s consent before approving changes to certain livestock watering rights. Another point of potential concern is the treatment of Public Water Reserve No. 107 claims, including the evidentiary requirements for recognition and the bill’s restrictions on claims tied to wildlife use or those that could impair pre-1926 rights. No significant opposition is reflected in the available votes or transcripts.