HB 63

Enrolled Copy  H.B. 63
1Livestock Watering Amendments
  2026 GENERAL SESSION
  STATE OF UTAH
  Chief Sponsor: Scott H. Chew
  Senate Sponsor: Scott D. Sandall
2
3  LONG TITLE
4  General Description:
5      This bill addresses water used for livestock watering.
6  Highlighted Provisions:
7      This bill:
8      ▸ provides for sub-basin livestock watering claims.
9  Money Appropriated in this Bill:
10      None
11  Other Special Clauses:
12      None
13  Utah Code Sections Affected:
14  ENACTS:
15      73-5-18, Utah Code Annotated 1953
16
17  Be it enacted by the Legislature of the state of Utah:
18Section 1. Section 73-5-18 is enacted to read:
1973-5-18 . Sub-basin livestock watering claims.
20  (1) As used in this section:
21      (a) "Large pond" means a pond for livestock watering that is larger than a small pond.
22      (b) "Livestock" means a domestic animal raised or kept for profit or personal use.
23      (c) "Small pond" means a pond for livestock watering that has a volume equal to or less
24than two acre feet.
25      (d) "Sub-basin livestock watering claim" means a water right recognized to be used to
26water livestock from existing surface water sources in a geographically defined
27sub-drainage boundary approved by the state engineer.
28      (e) "Water right holder" means a person who holds the right to use water:
 H.B. 63  Enrolled Copy
29(i)(A) evidenced by a means identified in Section 73-1-10; or
30(B) under an approved application to appropriate or for a change of use of water;
31(ii) for livestock to consume:
32(A) directly from the water source; or
33(B) from an impoundment into which the water is diverted; and
34(iii) including the associated uses of the water related to the raising and care of
35livestock.
36   (2)(a) A person may submit a sub-basin livestock watering claim by filing:
37(i) a diligence claim under Section 73-5-13;
38(ii) a corrected diligence claim under Section 73-5-13;
39(iii) a change application under Sections 73-3-3 and 73-3-8; or
40(iv) a statement of claim under Section 73-4-5.
41(b) In addition to being subject to the requirements related to a claim or change
42application described in Subsection (2)(a), a person filing a sub-basin livestock
43watering claim shall:
44(i) identify the boundary of the sub-basin that:
45(A) consists of a sub-drainage area; and
46(B) is limited in size so as to not impair an existing water right;
47(ii) file a map depicting the sub-basin described in Subsection (2)(b)(i); and
48(iii) obtain the state engineer's approval of the boundary identified under Subsection
49(2)(b)(i).
50(c) Requirements related to a claim or change application described in Subsection (2)(a)
51may include:
52(i) advertising under Section 73-3-6;
53(ii) filing of protests under Section 73-3-7;
54(iii) proof of beneficial use;
55(iv) requirements related to nonuse and forfeiture under 73-1-4; and
56(v) other requirements imposed by statute or rule.
57   (3)(a) A person may base a sub-basin livestock watering claim only:
58(i) for private land owned by the person or public land for which the person has a
59grazing permit; and
60(ii) on historically documented livestock watering rights when the water use is
61initiated before and continues consistently since the enactment of the state water
62law governing the use.
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 Enrolled Copy  H.B. 63
63      (b) The state engineer may not authorize a sub-basin livestock watering claim without
64the written consent of the beneficial user.
65      (c) A person may not claim a proposed beneficial use level under this Subsection (3) that
66exceeds the historical use by the water right holder within the sub-basin livestock
67watering claim. A sub-basin livestock watering claim may not increase the water
68right holder's beneficial use.
69      (d) A water right holder is responsible to limit the depletion of water, through livestock
70watering or pond evaporation, to the depletion limit established in the sub-basin
71livestock watering claim.
72  (4) A water right holder may not move water from one sub-basin to another sub-basin if
73      moving the water would impair another person's water right.
74  (5) Except for a well or large pond:
75      (a) a sub-basin livestock watering claim includes the use of water from any surface
76water source within the sub-drainage area as a point of diversion for the water right;
77and
78      (b) a water right holder may, but is not required to, specifically identify individual points
79of diversion within the sub-drainage area.
80  (6)(a) Within a sub-basin livestock watering claim area, a water right holder:
81(i) may construct a small pond without filing a change application; and
82(ii) may construct a large pond only after a change application is approved.
83      (b) A large pond shall meet applicable dam safety requirements for obtaining a dam
84permit.
85      (c) A person may not construct a pond, regardless of size, in an area not covered by a
86sub-basin livestock watering claim without receiving approval of a change
87application.
88Section 2. Effective Date.
89  This bill takes effect on May 6, 2026.
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