1610-20-62517-79-6210Groundwater Amendments2026 GENERAL SESSIONSTATE OF UTAHChief Sponsor: Michael L. KohlerSenate Sponsor: LONG TITLEGeneral 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; andaddresses scope related to water rights.Money Appropriated in this Bill:NoneOther Special Clauses:NoneUtah Code Sections Affected:ENACTS:10-20-625, Utah Code Annotated 195317-79-621, Utah Code Annotated 1953Be 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