Utah Foundation issues water report: 'Understanding the rules is important'
The Utah Foundation has released the second report in its series on water in Utah. The report focuses on the laws that govern the use of the commodity. The foundation emphasized that Utah is one of the driest states in the nation and that making sure the state manages water well is essential to its rapid population growth and economic expansion.
The report points out that Utah’s water laws provide incentives for water-right holders to not waste water. The study found that the state distributes water in a way that might have been a better fit for historic needs rather than modern Utah needs and that laws limit how water can be used.
The Utah Foundation report, “Flowing into the Desert: A Primer on Utah Water Law,” outlines Utah water law, discusses advantages and shortcomings and then offers possible avenues for addressing these concerns.
Key findings include:
- Utah’s water law is structured such that in times of shortage, the newest claims to water do not get any water while the oldest claims receive all the water of their claim. Water quantity may vary from year to year, but the system is transparent in who receives available water.
- Water can only be used in specific ways, and if not used it can be forfeited. Historically, this has created little incentive for conservation. This may be changing with recent legislation.
- Utah’s water law has shown that it can be flexible to meet current needs. Recent legislation has updated allowable uses to benefit local ecological systems like the Great Salt Lake. Other legislation has created incentives for farmers to install more efficient irrigation systems and sell the conserved water.
- Utah law states that if water is not used during seven consecutive years, it is subject to forfeiture. However, there is little proactive enforcement. It is unclear how much water that is not being used as specified could be reallocated to meet current needs.
- There are several possible water law changes for Utah policymakers to consider, including redefining beneficial uses, verifying beneficial uses, creating open water markets and shortening the window to forfeiture.
“We use water all day, every day in our homes and on our plants, and we often discuss droughts,” said Utah Foundation President Shawn Teigen. “But how can water be used and changed to fit our needs? The newest report in this series provides a baseline of knowledge to help Utah residents and policymakers understand the framework on which water policy takes place.”
The full report can be seen on the Utah Foundation website at https://www.utahfoundation.org.