HB 363: Water Easement Amendments - Utah

Substitute #1 → Substitute #2 · 3 edits

MINOR

The bill was revised to broaden its applicability by replacing 'municipality' with 'political subdivision,' which now includes counties, special districts, and other local entities. Additionally, the bill was amended to include new definitions for key terms and to add a new section defining those terms, ensuring clarity for all eligible local governments.

Scope change

The scope of the bill expanded from applying only to municipalities to applying to all political subdivisions, including counties, special districts, and conservation districts.

ELIGIBILITY

The term 'municipality' was replaced with 'political subdivision' throughout the bill to include counties, special districts, and other local entities in addition to cities and towns.

DEFINITION

A new Section 1 was added to define 'political subdivision' and other key terms like 'water conveyance' and 'water user' to ensure consistent understanding across all types of local governments.

TECHNICAL

The Senate Sponsor line was removed, and the list of affected Utah Code sections was updated to include Section 57-13a-101.

Amended 2/27/2026 14:02:685 → Substitute #1 · 5 edits

MODERATE

This bill replaces the previous version with a narrower scope that limits water easement control and conversion rights exclusively to municipalities, removing the ability for counties and other political subdivisions to claim these easements. It also simplifies the abandonment process by eliminating the requirement for county-wide publication notices and consolidates the definition of eligible entities.

Scope change

The bill's scope was reduced from allowing counties, municipalities, and special districts to claim easements to allowing only municipalities. It also removed the ability for political subdivisions to convert easement use if no objection is received, replacing it with a stricter requirement that municipalities must receive no written objections to proceed.

ELIGIBILITY

Restricted the right to establish control of prescriptive water easements from all political subdivisions (including counties and special districts) to only municipalities.

Changed the conversion process so that political subdivisions cannot convert easement use unless they receive no written objections from landowners, whereas the previous version allowed conversion if no objection was received within a waiting period.

REQUIREMENT

Removed the requirement for county recorders to publish abandonment notices in newspapers, reducing the public notice period for easement abandonment.

DEFINITION

Updated the definition of 'political subdivision' in the context of easement control to exclude counties and special districts, focusing solely on municipalities.

TECHNICAL

Corrected formatting errors and removed extraneous text from the previous draft, such as duplicate section headers and inconsistent numbering.

Amended Excerpts 2/27/2026 14:02:685 → Amended 2/27/2026 14:02:685 · 4 edits

MODERATE

This bill amends Utah's water easement laws to clarify that municipalities have the first right to take over abandoned prescriptive water easements. It expands eligibility for political subdivisions (including counties and special districts) to establish control over these easements and adds specific requirements for converting easement use, such as mailing notices to landowners and waiting 120 days for objections.

Scope change

The bill broadens the definition of 'political subdivision' to include counties, special districts, and conservation districts, allowing them to claim abandoned water easements that were previously the exclusive domain of municipalities.

ELIGIBILITY

Expanded the definition of 'political subdivision' to explicitly include counties, special districts, special service districts, interlocal entities, and conservation districts, allowing them to establish control over abandoned prescriptive water easements.

REQUIREMENT

Added a new process for political subdivisions to convert the use of a prescriptive easement, requiring them to mail notice to affected landowners, file a notice with the county recorder, wait 120 days, and ensure the modified use does not burden landowners or expand the easement.

Updated the abandonment process to require holders to mail copies of their intent to abandon notices to municipal governments in the affected area.

TIMELINE

Established a 45-day publication period for abandonment notices and a 120-day waiting period for converted easement uses before changes can take effect.

Introduced → Amended Excerpts 2/27/2026 14:02:685 · 3 edits

MINOR

The bill was amended to restrict the ability to take over abandoned water easements from any municipality to only specific political subdivisions (those in first or second-class counties). This change narrows the scope of who can claim these easements and adds a requirement to file a notice of intent to establish control before the easement is officially abandoned.

Scope change

The bill's applicability was narrowed from all municipalities to only political subdivisions located in first or second-class counties.

ELIGIBILITY

Changed the eligibility for establishing control of an abandoned water easement from any 'municipality' to only 'political subdivisions in a county of the first or second class'.

REQUIREMENT

Added a new requirement that eligible political subdivisions must file a notice of intent to establish control of the easement before the easement is abandoned.

Updated the notice filing requirement to apply to any 'political subdivision' rather than just 'municipalities'.

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