HB 533

 02-12 11:35  2nd Sub. (Gray) H.B. 533
                        Michael L. Kohler proposes the following substitute bill:
1Groundwater Amendments
                                        2026 GENERAL SESSION
                                               STATE OF UTAH
                                   Chief Sponsor: Michael L. Kohler
                                                Senate Sponsor:
2
3   LONG TITLE
4   General Description:
5This bill addresses groundwater.
6   Highlighted Provisions:
7This bill:
8▸ defines terms;
9▸ requires land use authorities to consider groundwater issues in approving a land use
10   application or issuing a land use permit;
11▸ addresses what may be considered related to groundwater preservation;
12▸ requires the Utah Geological Survey or certain irrigation companies to provide
13   information; and
14▸ addresses scope related to water rights.
15   Money Appropriated in this Bill:
16None
17   Other Special Clauses:
                                                                                                     2nd Sub. H.B. 533
18None
19   Utah Code Sections Affected:
20   ENACTS:
2110-20-625, Utah Code Annotated 1953
2217-79-621, Utah Code Annotated 1953
23
24   Be it enacted by the Legislature of the state of Utah:
25Section 1. Section 10-20-625 is enacted to read:
2610-20-625 . Groundwater and land use decisions.
27   (1) As used in this section:
28(a) "Agricultural land" means land that, for at least six years during the 10-year period
 2nd Sub. (Gray) H.B. 533  02-12 11:35
29immediately before when a land use decision is made, is land in agricultural use as
30defined in Section 59-2-502.
31(b) "Groundwater preservation amounts and methods" means an amount or method used
32to preserve the level of groundwater traditionally measured for the groundwater
33subsurface area associated with the agricultural land.
34   (2) If agricultural land would be put to a use other than agricultural use because of a
35development, a land use authority shall consider groundwater preservation amounts and
36methods in determining whether to approve a land use application or issue a land use
37permit related to the development.
38   (3) In considering a groundwater preservation method, a land use authority may consider
39requiring the use of:
40(a) land irrigation;
41(b) a flood basin as a recharge basin;
42(c) an injection well; or
43(d) another available method.
44   (4) If requested by a municipality, the Utah Geological Survey or an irrigation company
45that serves the area where the agricultural land is located shall provide information to the
46municipality regarding the measurement of groundwater levels for purposes of
47determining groundwater preservation amounts and methods.
48   (5) A municipality or other person may not interpret this section to override, supersede, or
49modify:
50(a) a water right within the state; or
51(b) the role and authority of the state engineer.
52Section 2. Section 17-79-621 is enacted to read:
5317-79-621 . Groundwater and land use decisions.
54   (1) As used in this section:
55(a) "Agricultural land" means land that, for at least six years during the 10-year period
56immediately before when a land use decision is made, is land in agricultural use as
57defined in Section 59-2-502.
58(b) "Groundwater preservation amounts and methods" means an amount or method used
59to preserve the level of groundwater traditionally measured for the groundwater
60subsurface area associated with the agricultural land.
61   (2) If agricultural land would be put to a use other than agricultural use because of a
62development, a land use authority shall consider groundwater preservation amounts and
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 02-12 11:35  2nd Sub. (Gray) H.B. 533
63methods in determining whether to approve a land use application or issue a land use
64permit related to the development.
65   (3) In considering a groundwater preservation method, a land use authority may consider
66requiring the use of:
67(a) land irrigation;
68(b) a flood basin as a recharge basin;
69(c) an injection well; or
70(d) another available method.
71   (4) If requested by a county, the Utah Geological Survey or an irrigation company that
72serves the area where the agricultural land is located shall provide information to the
73county regarding the measurement of groundwater levels for purposes of determining
74groundwater preservation amounts and methods.
75   (5) A county or other person may not interpret this section to override, supersede, or
76modify:
77(a) a water right within the state; or
78(b) the role and authority of the state engineer.
79Section 3. Effective Date.
80   This bill takes effect on May 6, 2026.
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