Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 47 (2025GS)

Sponsor

Rep. Albrecht, Carl R.

Final action

Governor Signed 3/19/2025

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• modifies the definition provision;
• repeals language regarding livestock water use certificates;
• addresses when a federal land management agency reduces livestock grazing animal unit month (AUMs);
• addresses a claim under Public Water Reserve No. 107; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

5
73-2-14
73-3-31
Public Lands Watering Rights Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Carl R. Albrecht
Senate Sponsor: Derrin R. Owens
LONG TITLE
General Description:
This bill addresses livestock watering rights on public lands.
Highlighted Provisions:
This bill:
modifies the definition provision;
repeals language regarding livestock water use certificates;
addresses when a federal land management agency reduces livestock grazing animal unit 
month (AUMs);
addresses a claim under Public Water Reserve No. 107; and
makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
73-2-14
, as last amended by Laws of Utah 2020, Chapter 421
73-3-31
, as last amended by Laws of Utah 2022, Chapter 68
Be it enacted by the Legislature of the state of Utah:
Section 1, Section 
73-2-14
 is amended to read:
73-2-14. Fees of state engineer -- Deposited as a dedicated credit.
(1)
The state engineer shall charge fees pursuant to Section 
63J-1-504
 for the following:
(a)
applications to appropriate water;
(b)
applications to temporarily appropriate water;
(c)
applications for a change;
(d)
applications for exchange;
(e)
applications for nonuse of water;
(f)
applications to appropriate water, or make a change, for use outside the state filed 
pursuant to 
Title 73, Chapter 3a, Water Exports
;
(g)
groundwater recovery permits;
(h)
diligence claims for surface or underground water filed pursuant to Section 
73-5-13
;
(i)
republication of notice to water users after amendment of application where required 
by this title;
(j)
applications to segregate;
(k)
requests for an extension of time in which to submit proof of appropriation not to 
exceed 14 years after the date of approval of the application;
(l)
requests for an extension of time in which to submit proof of appropriation 14 years 
or more after the date of approval of the application;
(m)
groundwater recharge permits;
(n)
applications for a well driller's license, annual renewal of a well driller's license, and 
late annual renewal of a well driller's license;
(o)
certification of copies;
(p)
preparing copies of documents;
 and
(q)
reports of water right conveyance
; and
.
(r)
requests for a livestock water use certificate under Section 
73-3-31
.
(2)
Fees for the services specified in Subsections 
(1)(a)
 through 
(i)
 shall be based upon the 
rate of flow or volume of water. If it is proposed to appropriate by both direct flow and 
storage, the fee shall be based upon either the rate of flow or annual volume of water 
stored, whichever fee is greater.
(3)
Fees collected under this section:
(a)
shall be deposited 
in
into
 the General Fund as a dedicated credit to be used by the 
Division of Water Rights; and
(b)
may only be used by the Division of Water Rights to:
(i)
meet the publication of notice requirements under this title;
(ii)
process reports of water right conveyance;
 and
(iii)
process a request for a livestock water use certificate; and
(iv)
(iii)
hire an employee to assist with processing an application.
Section 2, Section 
73-3-31
 is amended to read:
73-3-31. Water right for watering livestock on public land -- Public Water 
Reserve No. 107.
(1)
As used in this section:
(a)
"Acquire" means to gain the right to use water through obtaining:
(i)
an approved application to appropriate water; or
(ii)
a perfected water right.
(b)
"Allotment" means a designated area of public land available for livestock grazing.
(c)
"Animal unit month (AUM)" is the amount of forage needed to sustain one cow and 
her calf, one horse, or five sheep and goats for one month.
(d)
(i)
"Beneficial user" means the person that has the right to use the grazing permit.
(ii)
"Beneficial user" does not mean the public land agency issuing the grazing permit.
(e)
"Grazing permit" means a document authorizing livestock to graze on an allotment.
(f)
"Livestock" means a domestic animal raised or kept for profit or personal use.
(g)
"Livestock watering right" means a right for:
(i)
livestock to consume water:
(A)
directly from the water source located on public land; or
(B)
from an impoundment located on public land into which the water is diverted; 
and
(ii)
associated uses of water related to the raising and care of livestock on public land.
(h)
(i)
"Public land" means land owned or managed by the United States or the state.
(ii)
"Public land" does not mean land owned by:
(A)
the Division of Wildlife Resources;
(B)
the School and Institutional Trust Lands Administration;
(C)
the Division of State Parks; or
(D)
the Division of Outdoor Recreation.
(D)
the Division of Forestry, Fire, and State Lands.
(i)
"Public land agency" means the agency that owns or manages the public land.
(j)
"Public Water Reserve No. 107" means a claim for water under Public Water Reserve 
No. 107, Exec. Order of April 17, 1926.
(2)
A public land agency may not:
(a)
condition the issuance, renewal, amendment, or extension of any permit, approval, 
license, allotment, easement, right-of-way, or other land use occupancy agreement 
regarding livestock on the transfer of any water right directly to the public land 
agency;
(b)
require any water user to apply for, or acquire a water right in the name of
,
 the 
public land agency as a condition for the issuance, renewal, amendment, or extension 
of any permit, approval, license, allotment, easement, right-of-way, or other land use 
occupancy agreement regarding livestock; or
(c)
acquire a livestock watering right if the public land agency is not a beneficial user.
(3)
The state engineer may not approve a change application under Section 
73-3-3
 for a 
livestock watering right 
or Public Water Reserve No. 107 claim 
without the 
written 
consent of the beneficial user.
(4)
A beneficial user may file a nonuse application under Section 
73-1-4
 on a livestock 
watering right or a portion of a livestock watering right that the beneficial user puts to 
beneficial use.
(5)
A livestock watering right
 or Public Water Reserve No. 107 claim
 is appurtenant to the 
allotment on which the livestock is watered.
(6)
(a)
(i)
A beneficial user or a public land agency may file a request with the state 
engineer for a livestock water use certificate.
(ii)
The state engineer shall:
(A)
provide the livestock water use certificate application form on the Internet; 
and
(B)
allow electronic submission of the livestock water use certificate application.
(b)
The state engineer shall grant a livestock water use certificate to a beneficial user if 
the beneficial user:
(i)
demonstrates that the beneficial user has a right to use a grazing permit for the 
allotment to which the livestock watering right is appurtenant; and
(ii)
pays the fee set in accordance with Section 
73-2-14
.
(c)
A livestock water use certificate is valid as long as the livestock watering right is:
(i)
held by a beneficial user who has the right to use the grazing permit and graze 
livestock on the allotment;
(ii)
put to beneficial use within a seven-year time period; or
(iii)
subject to a nonuse application approved under Section 
73-1-4
.
(7)
(6)
A beneficial user may access or improve an allotment as necessary for the 
beneficial user to beneficially use, develop, and maintain the 
beneficial user's 
water 
right appurtenant to the allotment.
(8)
(7)
If a federal land management agency reduces livestock grazing 
animal unit month (
AUMs
)
 on federal grazing allotments, and the reduction results in the 
potential, 
partial 
forfeiture of an appropriated water right
,
:
(a)
a beneficial user may file a nonuse application under Section 
73-1-4
 for 
the amount 
of water in question for nonuse as a livestock water right 
shall be held in trust by the 
state engineer until such water may be appropriated for livestock watering, 
consistent with this 
act and
section and other
 state law
.
;
(b)
the state engineer shall approve a nonuse application filed under this Subsection 
(7)
; 
and
(c)
the amount of water in question for nonuse as a livestock water right may not be used 
for a purpose other than watering livestock.
(9)
(8)
Nothing
Except under Subsection 
(9)
, nothing
 in this section affects a livestock 
watering right 
or a livestock water use certificate 
held by a public land agency on May 
13, 2014.
(9)
(a)
To recognize a Public Water Reserve No. 107 claim for a spring or water hole on 
public land owned or managed by a federal public land agency, the state engineer 
shall:
(i)
require that the public land agency:
(A)
file a statement of claim pursuant to Section 
73-4-5
 with the state engineer;
(B)
file the statement of claim described in Subsection (9)(a)(i)(A) with the 
written consent of the beneficial user of the Public Water Reserve No. 107 
claim; and
(C)
establish the extent to which, as of April 17, 1926, the Public Water Reserve 
No. 107 use supported the beneficial use of livestock watering and human 
consumption by grazing permittees, including the quantity of water required to 
fulfill the purpose of the claim;
(ii)
determine whether the spring or water hole claimed under Public Water Reserve 
No. 107:
(A)
is an important spring or a water hole that provides enough water for general 
use for livestock watering purposes;
(B)
affords more than enough water for the use of one family and the family's 
domestic animals;
(C)
is accessible to livestock and satisfies the need for livestock watering and 
human consumption by grazing permittees;
(D)
existed on April 17, 1926; and
(E)
is formed naturally and not due to artificial development or human-made 
structures; and
(iii)
determine whether the purposes described in this Subsection (9) would be 
frustrated without the water.
(b)
The state engineer may not recognize more than one Public Water Reserve No. 107 
claim within a 40-acre parcel or a Public Water Reserve No. 107 claim that is closer 
than 1/4 mile from another Public Water Reserve No. 107 claim.
(c)
The state engineer may not recognize a Public Water Reserve No. 107 claim that has 
as its beneficial use the watering of wildlife, as defined in Section 
23A-1-101
.
(d)
A Public Water Reserve No. 107 claim may not impair a water right that existed 
before April 17, 1926.
Section 3. 
Effective Date.
This bill takes effect on 
May 7, 2025
.
2-24-25 8:42 AM