HB 251 Utah House · 2026 General Session

Diligence Claims Water Amendments

HB 251 clarifies procedures for submitting and verifying historical water claims on homestead parcels in Utah. It creates a rebuttable presumption that water use on homesteads is valid unless challenged, streamlining the process for landowners with longstanding, unrecorded water rights. The bill defines key terms, requires specific documentation for claims (like engineering surveys), and sets clear steps for the state engineer to review claims and handle disputes. This directly affects Utah homeowners and farmers who have used water on homestead property without formal permits but lack recorded water rights.

Bill status signed all 5 stages cleared

Introduction

Jan 2026

Committee Review

Feb 2026

House Passage

Feb 2026

Senate Passage

Feb 2026

Signed into Law

Mar 2026

Introduced Jan 20, 2026 Signed Mar 25, 2026

Maddy AI version diff · 2 comparisons

What changed between versions

Substitute #1 → Enrolled · 5 edits · Mar 25, 2026

MODERATE

This bill updates Utah's water claim process to align with a new effective date of May 6, 2026, replacing the previous May 14, 2013 deadline. It clarifies the information required to file a claim, simplifies the submission of supporting documents like maps and affidavits, and establishes a specific rebuttable presumption for water rights tied to historic livestock watering ponds on homesteads. The changes aim to modernize the filing procedures and provide clearer legal protections for small-scale, historic water users.

Scope change

The bill's scope remains focused on surface and underground water diligence claims, but the applicability of specific filing and investigation rules has shifted to apply to claims submitted on or after May 6, 2026.

TIMELINE

The effective date for new water claims was updated from May 14, 2013 to May 6, 2026, changing when the new filing rules apply.

REQUIREMENT

The bill simplifies the required supporting information for claims, replacing complex phrasing with clearer instructions for submitting forms, maps, and historical records.

DEFINITION

New definitions were added for 'homestead parcel,' 'livestock,' and 'livestock watering pond' to clarify eligibility for specific water rights presumptions.

ELIGIBILITY

A rebuttable presumption was created to protect water rights for historic livestock watering ponds on homesteads, provided the annual use is under 20 acre-feet and the pond existed before 1903.

ENFORCEMENT

Procedures for challenging water claims were clarified, including venue rules and the burden of proof, while maintaining the state engineer's role in investigating claims.

Floor votes · Senate Feb 25, 2026 · House Feb 12, 2026

How they voted

24–0

Passed · 5 other

Total votes 29

Feb 25, 2026

D Democratic6

6 Yea

100% Yea

N Forward1

1 Yea

100% Yea

R Republican22

17 Yea 5

77% Yea

Vote distribution

All Yea All Nay Mixed No data

Full legislative history

Actions timeline

Total actions

Key actions

Committee

Mar 25, 2026

Signed into law

Governor Signed

executive

Feb 26, 2026

Lower · Passed

House/ signed by Speaker/ sent for enrolling

lower

Feb 26, 2026

Lower · Passed

Senate/ signed by President/ returned to House

lower

Feb 26, 2026

Upper · Passed

Senate/ passed 3rd reading

upper

Feb 25, 2026

Senate · Passed

Senate Vote: pass (24-0-5)

senate

Feb 19, 2026

Upper · Passed

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

upper

Feb 18, 2026

Upper · Passed

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

upper

Feb 17, 2026

Committee

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

upper

Feb 17, 2026

Introduced

Senate/ 1st reading (Introduced)

upper

Feb 12, 2026

Upper · Passed

House/ passed 3rd reading

upper

Feb 3, 2026

Lower · Passed

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

lower

Feb 2, 2026

Lower · Passed

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

lower

Jan 28, 2026

Committee

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

lower

Jan 20, 2026

Introduced

House/ 1st reading (Introduced)

lower

1 primary · 1 co-sponsor