HB 45 Utah House · 2025 General Session

Irrigation Amendments

HB 45 amends Utah law to clarify responsibilities for owners and operators of irrigation ditches and canals. It requires them to maintain facilities with "reasonable and ordinary care" to prevent property damage or injury, while explicitly stating this does not create strict liability. The bill allows individuals who pay third parties for damage caused by a ditch/canal owner’s negligence to recover those costs. It also adds specific immunity protections for owners when trails along water facilities are properly maintained under local plans. The changes apply to irrigation infrastructure, directly affecting agricultural water systems and property owners in Utah.
Bill status in committee 1 of 4 stages cleared
Introduction
Jan 2025
Committee Review
Floor Vote
Governor
Introduced Jan 21, 2025 Last action Mar 8, 2025
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What changed between versions

Introduced Substitute #1 · 4 edits
MODERATE
This bill substitutes a revised version of HB 45 that clarifies liability rules for ditch and canal owners in Utah. The changes primarily involve renumbering subsections, removing references to recovering money for waste, and adjusting the scope of immunity provisions for trails along water facilities.
Scope change
The bill's scope remains focused on duties of water facility owners, but specific liability language was modified to remove waste recovery provisions and adjust how third-party actions are handled.
REQUIREMENT

Removed language allowing recovery of money paid to third parties for waste caused by failure to exercise reasonable care.

Changed liability language from 'waste of water, damage to property, or injury to others' to just 'damage to property or injury to others' in subsections (5)(b) and (5)(c).

TECHNICAL

Reorganized subsection numbering, converting former subsection (b) to (d) and adjusting related references throughout the bill.

DEFINITION

Reformatted the definition of 'Water facility' exclusions to use different bracketing notation for deleted and retained language.

Floor votes

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Full legislative history

Actions timeline

Total actions
12
Key actions
0
Committee
1
Jan 21, 2025
Committee
House/ to standing committee
lower
Jan 21, 2025
Introduced
House/ 1st reading (Introduced)
lower
1 primary · 0 co-sponsors

Sponsors

Role
Legislator
Party
State
District
P
Photo of Rex Shipp
Rex Shipp
RRepublican
UT
71