Groundwater Amendments

16
10-20-625
17-79-621
0
Groundwater Amendments
2026 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Michael L. Kohler
Senate Sponsor:
LONG TITLE
General Description:
This bill addresses groundwater.
Highlighted Provisions:
This bill:
defines terms;
requires land use authorities to consider groundwater issues in approving a land use
application or issuing a land use permit;
addresses what may be considered related to groundwater preservation;
requires the Utah Geological Survey or certain irrigation companies to provide
information; and
addresses scope related to water rights.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
ENACTS:
10-20-625
, Utah Code Annotated 1953
17-79-621
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section
10-20-625
is enacted to read:
10-20-625
. Groundwater and land use decisions.
(1)
As used in this section:
(a)
"Agricultural land" means land that, for at least six years during the 10-year period
immediately before when a land use decision is made, is land in agricultural use as
defined in Section
59-2-502
.
(b)
"Groundwater preservation amounts and methods" means an amount or method used
to preserve the level of groundwater traditionally measured for the groundwater
subsurface area associated with the agricultural land.
(2)
If agricultural land would be put to a use other than agricultural use because of a
development, a land use authority shall consider groundwater preservation amounts and
methods in determining whether to approve a land use application or issue a land use
permit related to the development.
(3)
In considering a groundwater preservation method, a land use authority may consider
requiring the use of:
(a)
land irrigation;
(b)
a flood basin as a recharge basin;
(c)
an injection well; or
(d)
another available method.
(4)
If requested by a municipality, the Utah Geological Survey or an irrigation company
that serves the area where the agricultural land is located shall provide information to the
municipality regarding the measurement of groundwater levels for purposes of
determining groundwater preservation amounts and methods.
(5)
A municipality or other person may not interpret this section to override, supersede, or
modify:
(a)
a water right within the state; or
(b)
the role and authority of the state engineer.
Section 2. Section
17-79-621
is enacted to read:
17-79-621
. Groundwater and land use decisions.
(1)
As used in this section:
(a)
"Agricultural land" means land that, for at least six years during the 10-year period
immediately before when a land use decision is made, is land in agricultural use as
defined in Section
59-2-502
.
(b)
"Groundwater preservation amounts and methods" means an amount or method used
to preserve the level of groundwater traditionally measured for the groundwater
subsurface area associated with the agricultural land.
(2)
If agricultural land would be put to a use other than agricultural use because of a
development, a land use authority shall consider groundwater preservation amounts and
methods in determining whether to approve a land use application or issue a land use
permit related to the development.
(3)
In considering a groundwater preservation method, a land use authority may consider
requiring the use of:
(a)
land irrigation;
(b)
a flood basin as a recharge basin;
(c)
an injection well; or
(d)
another available method.
(4)
If requested by a county, the Utah Geological Survey or an irrigation company that
serves the area where the agricultural land is located shall provide information to the
county regarding the measurement of groundwater levels for purposes of determining
groundwater preservation amounts and methods.
(5)
A county or other person may not interpret this section to override, supersede, or
modify:
(a)
a water right within the state; or
(b)
the role and authority of the state engineer.
Section 3.
Effective Date.
This bill takes effect on
May 6, 2026
.
2-12-26 11:35 AM