Utah 2026 General Session Status: Enacted 2 R cosponsors

HB 251 — Diligence Claims Water Amendments

Last action — Governor Signed

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed House
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced January 14, 2026. Enacted.

Signed by Governor Spencer Cox (Republican) on March 25, 2026.

Prognosis

Advancing 54% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 2 sponsors

    1 primary, 1 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (2 R).

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Bill Text

What changed in the latest version

167 added · 177 removed

Plain-language change summary

The latest version of Bill HB 251 clarifies the requirements for claiming water rights in Utah. It specifies that claimants must provide detailed information, including measurements of water diversion and maps of where the water is used, to ensure that the claims are legitimate and can be properly evaluated. These changes aim to improve the accuracy and validity of water claims, which is essential for water management and conservation efforts in the state. This matters because it helps prevent disputes over water rights and ensures that the limited water resources are allocated fairly.

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HB0251S01 compared with HB0251 {Omitted text} shows text that was in HB0251 but was omitted in HB0251S01 inserted text shows text that was not in HB0251 but was inserted into HB0251S01 DISCLAIMER:
Enrolled Copy H.B.
This document is provided to assist you in your comparison of the two bills.
251 Diligence Claims Water Amendments GENERAL SESSION STATE OF UTAH Chief Sponsor:
Sometimes this automated comparison will NOT be completely accurate.
Therefore, you need to read the actual bills.
This automatically generated document could contain inaccuracies caused by:
limitations of the compare program;
bad input data;
or other causes.
Diligence Claims Water Amendments GENERAL SESSION STATE OF UTAH Chief Sponsor:
3 LONG TITLE General Description:
David P.
Hinkins 3 LONG TITLE General Description:
None H Other Special Clauses:
None Other Special Clauses:
B None 2 Utah Code Sections Affected:
None Utah Code Sections Affected:
5 HB0251 compared with HB0251S01 AMENDS:
AMENDS:
73-5-13 , as last amended by Laws of Utah 2020, Chapter 59 Be it enacted by the Legislature of the state of Utah:
73-5-13, as last amended by Laws of Utah 2020, Chapter 59 Be it enacted by the Legislature of the state of Utah:
73-5-13.
73-5-13 .
(1) (a) A claimant to the right to the use of water, including both surface and underground water, whose right is not represented by a certificate of appropriation issued by the state engineer, by an application filed with the state engineer, by a court decree, or by a notice of claim filed [pursuant] according to law, shall submit the claim to the state engineer in accordance with this section.
(1)(a) A claimant to the right to the use of water, including both surface and H.B.
251 Enrolled Copy underground water, whose right is not represented by a certificate of appropriation issued by the state engineer, by an application filed with the state engineer, by a court decree, or by a notice of claim filed [pursuant] according to law, shall submit the claim to the state engineer in accordance with this section.
(2) (a) The claimant or the claimant's appointed representative shall verify under oath a claim submitted under this section and submit the claim on [forms] a form provided by the state engineer setting forth [any] the information the state engineer requires, including:
(2)(a) The claimant or the claimant's appointed representative shall verify under oath a claim submitted under this section and submit the claim on [forms] a form provided by the state engineer setting forth [any] the information the state engineer requires, including:
(ii) the quantity of water claimed in acre-feet or rate of flow in second-feet, or both, [where] when appropriate;
(ii) the quantity of water claimed in acre-feet or rate of flow in second-feet, or both, [ where] when appropriate;
and - 2 - HB0251 compared with HB0251S01 (ix) the date when the water was first used.
and (ix) the date when the water was first used.
(b) [The] {Subject to Subsection (8), a} A claim described in Subsection (1) shall also include the following information, prepared by a Utah licensed engineer or a Utah licensed land surveyor:
(b) [The] A claim described in Subsection (1) shall also include the following information, prepared by a Utah licensed engineer or a Utah licensed land surveyor:
(c) The state engineer may require additional information as necessary to evaluate [any] a claim described in Subsection (1) including:
(c) The state engineer may require additional information as necessary to evaluate [any] a - 2 - Enrolled Copy H.B.
251 claim described in Subsection (1) including:
(3) (a) A claimant, or a claimant's successor in interest, as shown in the records of the state engineer, may file a corrected claim that:
(3)(a) A claimant, or a claimant's successor in interest, as shown in the records of the state engineer, may file a corrected claim that:
- 3 - HB0251 compared with HB0251S01 (4) (a) When a claimant submits a claim that is acceptably complete under Subsection (2) and deposits money with the state engineer sufficient to pay the expenses of conducting a field investigation and publishing a notice of the claim, the state engineer shall:
(4)(a) When a claimant submits a claim that is acceptably complete under Subsection (2) and deposits money with the state engineer sufficient to pay the expenses of conducting a field investigation and publishing a notice of the claim, the state engineer shall:
(b) [A claim not acceptably complete under Subsection (2) shall be returned to the claimant.] The state engineer shall return a claim to the claimant that the state engineer determines is not acceptably complete.
- 3 - H.B.
251 Enrolled Copy (b) [A claim not acceptably complete under Subsection (2) shall be returned to the claimant.] The state engineer shall return a claim to the claimant that the state engineer determines is not acceptably complete.
(5) (a) The state engineer shall:
(5)(a) The state engineer shall:
(6) (a) A person who may be damaged by a diversion and use of water as described in a claim submitted [pursuant] according to this section may file an action in [district court] a court with jurisdiction to - 4 - HB0251 compared with HB0251S01 determine the validity of the claim, regardless of whether the state engineer has filed the claim in accordance with Subsection (4)(a).
(6)(a) A person who may be damaged by a diversion and use of water as described in a claim submitted [pursuant] according to this section may file an action in [district court] a court with jurisdiction to determine the validity of the claim, regardless of whether the state engineer has filed the claim in accordance with Subsection (4)(a).
(d) In an action brought to determine the validity of a claim to the use of water under this section, the claimant has the initial burden of proof as to the validity of the claimed right{ except as provided in Subsection (8)}.
(d) In an action brought to determine the validity of a claim to the use of water under this section, the claimant has the initial burden of proof as to the validity of the claimed right.
(e) (i) A person filing an action challenging the validity of a claim to the use of water under this section shall notify the state engineer of the pendency of the action in accordance with state engineer rules.
(e)(i) A person filing an action challenging the validity of a claim to the use of water - 4 - Enrolled Copy H.B.
251 under this section shall notify the state engineer of the pendency of the action in accordance with state engineer rules.
(7) (a) In a general adjudication of water rights under Title 73, Chapter 4, Determination of Water Rights, after completion of final summons in accordance with Section 73-4-22, a claimant is prohibited from filing a claim under this section in the general adjudication area, division, or subdivision.
(7)(a) In a general adjudication of water rights under Title 73, Chapter 4, Determination of Water Rights, after completion of final summons in accordance with Section 73-4-22, a claimant is prohibited from filing a claim under this section in the general adjudication area, division, or subdivision.
(8) (a) As used in this Subsection (8):
(8)(a) As used in this Subsection (8):
- 5 - HB0251 compared with HB0251S01 (ii) "Livestock" means a domestic animal raised or kept for profit or personal use.
(ii) "Livestock" means a domestic animal raised or kept for profit or personal use.
(B) has an annual use {of less than 20 acre-feet } that meets the condition of {water} Subsection (8)(b) (i);
(B) has an annual use that meets the condition of Subsection (8)(b)(i);
(i){(ii)} the claimant files an acceptably complete claim in accordance with this section{, except that the claimant is not required to provide the information described in Subsection (2)(b)} ;
- 5 - H.B.
(ii){(iii)} the claimant deposits money with the state engineer sufficient to pay the expenses of conducting a field investigation and publishing a notice of the claim;
251 Enrolled Copy (ii) the claimant files an acceptably complete claim in accordance with this section;
(iii){(iv)} the livestock watering pond is in support of a homestead parcel;
(iii) the claimant deposits money with the state engineer sufficient to pay the expenses of conducting a field investigation and publishing a notice of the claim;
Show all 48 changed rows (8 more)
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(iv) the livestock watering pond is in support of a homestead parcel;
(iv){(A)} {the livestock watering pond } existed before the conveyance of the patent for the homestead parcel{.} ;
(A) existed before the conveyance of the patent for the homestead parcel;
(c) The priority date of a claim described in Subsection (8)(b) is the date on which the homestead parcel is first used in support of livestock notwithstanding that the date is before the patent conveying title to the homesteadparcel.
(c) The priority date of a claim described in Subsection (8)(b) is the date on which the homestead parcel is first used in support of livestock notwithstanding that the date is before the patent conveying title to the homestead parcel.
(d) The rebuttable presumption described in Subsection (8)(b) may be rebutted by a person protesting a claim based on the impairment of a water right held by the person protesting the claim.A person may rebut the rebuttable presumption described in Subsection (8)(b) by a preponderance of the evidence.
(d) The rebuttable presumption described in Subsection (8)(b) may be rebutted by a person protesting a claim based on the impairment of a water right held by the person protesting the claim.
{(e) {The state engineer may not consider impairment based on the conditions described in Subsection (8)(d) unless the issue is raised in a timely protest that identifies which of the protestant's existing - 6 - HB0251 compared with HB0251S01 rights the protestant reasonably believes will experience impairment.
A person may rebut the rebuttable presumption described in Subsection (8)(b) by a preponderance of the evidence.
A person may rebut the rebuttable presumption described in Subsection (8)(b) by a preponderance of the evidence.} } (f){(e)} If a claimant and a protestant come to a written agreement regarding how the issue of impairment may be mitigated:
(e) If a claimant and a protestant come to a written agreement regarding how the issue of impairment may be mitigated:
Effective date.
2-2-26 1:19 PM - 7 -
- 6 -
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How this bill changes current law

3 changes Share ↗

Compared against the Utah Code as published AI-generated reading aid — verify against the official bill.

The bill adds provisions for a rebuttable presumption of water use rights related to livestock watering ponds supporting homestead parcels.

  • Utah Code § 73-5-13

    (8)(b) There is a rebuttable presumption that a claimant has the right to the use of a livestock watering pond even though the right is not represented by a certificate of appropriation issued by the state engineer, by an application filed with the state engineer, by a court decree, or by a notice of claim filed according to law if: (i) the aggregate of annual use of all livestock watering ponds that support the homestead parcel is less than 20 acre-feet of water; (ii) the claimant files an acceptably complete claim in accordance with this section; (iii) the claimant deposits money with the state engineer sufficient to pay the expenses of conducting a field investigation and publishing a notice of the claim; (iv) the livestock watering pond is in support of a homestead parcel; and (v) the livestock watering pond: (A) existed before the conveyance of the patent for the homestead parcel; and (B) was used as surface water before 1903.

    This establishes a presumption of water rights for livestock watering ponds related to homestead parcels, aiding claimants in asserting their rights.

  • Utah Code § 73-5-13

    (8)(c) The priority date of a claim described in Subsection (8)(b) is the date on which the homestead parcel is first used in support of livestock notwithstanding that the date is before the patent conveying title to the homestead parcel.

    This defines the priority date for claims tied to homestead parcels, which can be before the patent date.

  • Utah Code § 73-5-13

    (8)(d) The rebuttable presumption described in Subsection (8)(b) may be rebutted by a person protesting a claim based on the impairment of a water right held by the person protesting the claim. A person may rebut the rebuttable presumption described in Subsection (8)(b) by a preponderance of the evidence.

    This allows individuals to contest the presumption of rights established for livestock watering ponds if they can show impairment of their own water rights.

Action History

  1. Governor Signed

  2. House/ to Governor

  3. House/ received enrolled bill from Printing

  4. House/ enrolled bill to Printing

  5. Enrolled Bill Returned to House or Senate

  6. Draft of Enrolled Bill Prepared

  7. Bill Received from House for Enrolling

  8. House/ signed by Speaker/ sent for enrolling

  9. House/ received from Senate

  10. Senate/ to House

  11. Senate/ signed by President/ returned to House

  12. Senate/ passed 3rd reading

  13. Senate/ 3rd reading

  14. Senate/ passed 2nd reading

  15. Senate/ 2nd reading

  16. Senate/ placed on 2nd Reading Calendar

  17. Senate/ committee report favorable [Senate Natural Resources, Agriculture, and Environment Committee]

  18. Senate Comm - Favorable Recommendation [Senate Natural Resources, Agriculture, and Environment Committee]

  19. Senate/ to standing committee [Senate Natural Resources, Agriculture, and Environment Committee]

  20. Senate/ 1st reading (Introduced)

  21. Senate/ received from House

  22. House/ to Senate

  23. House/ passed 3rd reading

  24. House/ 3rd reading

  25. LFA/ fiscal note publicly available for HB0251S01

  26. LFA/ fiscal note sent to sponsor for HB0251S01

  27. House/ 2nd reading

  28. House/ comm rpt/ substituted [House Natural Resources, Agriculture, and Environment Committee]

  29. House Comm - Favorable Recommendation [House Natural Resources, Agriculture, and Environment Committee]

  30. House Comm - Substitute Recommendation [House Natural Resources, Agriculture, and Environment Committee]

  31. LFA/ bill sent to agencies for fiscal input for HB0251S01

  32. LFA/ bill assigned to staff for fiscal analysis for HB0251S01

  33. House/ to standing committee [House Natural Resources, Agriculture, and Environment Committee]

  34. House/ 1st reading (Introduced)

  35. House/ received fiscal note from Fiscal Analyst

  36. House/ received bill from Legislative Research

  37. LFA/ fiscal note publicly available for HB0251

  38. LFA/ fiscal note sent to sponsor for HB0251

  39. LFA/ bill sent to agencies for fiscal input for HB0251

  40. LFA/ bill assigned to staff for fiscal analysis for HB0251

  41. Numbered Bill Publicly Distributed

  42. Bill Numbered but not Distributed

Sponsors

Sponsorship breakdown

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1 sponsors · 1 co-sponsors · 102 not signed on

Sponsors (1)

Co-sponsors (1)

Not signed on (102)

102 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

environment agriculture
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Frequently asked questions

Who sponsors HB 251?
HB 251 is sponsored by David P. Hinkins (Republican) and Scott H. Chew (Republican).
What is the current status of HB 251?
This bill has been enacted into law. Introduced January 14, 2026. Enacted.
Where can I track HB 251?
Track HB 251 free on One Click Politics — get push/email alerts when it moves.

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