Southern Utah Water Rights & Water Law Attorneys
Protecting Water Rights in Washington, Iron, & Kane County — Serving Hurricane, St. George, and the Virgin River Drainage Area
Protecting Your Water Rights in the Virgin River Drainage Area
If you own surface water rights or underground water rights in Southern Utah — especially in the Virgin River drainage area (Washington County, Iron County, or Kane County) — protecting those rights is critical.
The State of Utah, through the Utah State Engineer, has reinstated a general adjudication process for the Virgin River. This process involves a “proposed determination” and official letters mailed to water rights owners requesting participation. Missing deadlines in this process could mean losing your water rights.
At Ruesch Reeve Werrett & Jones, PLLC, attorney Ben Ruesch has decades of experience in Utah water law and can guide you through every step.
Why Choose Us for Water Rights Representation?
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Deep experience in Southern Utah water rights cases
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Local insight into Washington, Iron, and Kane County water law issues
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Direct coordination with the Utah Division of Water Rights and local government agencies
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Proven track record in protecting and securing water rights
Our Utah Water Rights Legal Services
We provide complete legal support for water rights owners and water companies in Southern Utah, including:
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Due diligence for water rights purchases in Utah
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Water rights inventories and evaluations
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Preparing, filing, and prosecuting change applications and non-use applications with the Utah Division of Water Rights
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Drafting and revising Articles of Incorporation, Bylaws, and regulations for irrigation, canal, ditch, and private culinary water companies
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Filing and prosecuting rate increase requests with the Utah Division of Public Utilities and Utah Public Service Commission
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Researching and correcting water rights title issues
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Preparing and prosecuting protests to applications filed with the Division
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Assisting water companies with project approvals, funding, and easement acquisition
Understanding Utah Water Rights
The Utah Division of Water Rights regulates the appropriation and distribution of water throughout the state. Ownership records are kept at the county recorder’s office where the water is diverted, but the Division maintains most public water rights data.
Quick History of Utah Water Law
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1840s – Large-scale irrigation begins; Doctrine of Prior Appropriation established (“first in time, first in right”).
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1852 – County courts manage water allocation.
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1880 – County water commissioners appointed.
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1897 – Office of the State Engineer created.
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1903 – Comprehensive water code enacted (revised in 1919).
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1967 – Office renamed the Division of Water Rights.
What Is a Water Right?
A Utah water right is a legal authorization to divert and beneficially use water from a natural source. It includes:
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The type and extent of beneficial use
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A priority date
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A specific quantity (in cubic feet per second or acre-feet)
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The source and point of diversion
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The place of beneficial use
Establishing Water Rights in Utah
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Pre-1903 surface water rights and pre-1935 groundwater rights can be claimed through a diligence claim filed with the Division.
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All other rights must be established via the appropriation process.
How to File an Application to Appropriate Water
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File the application with the Division of Water Rights.
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Application is advertised — protests may be submitted.
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Hearings may be held.
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State Engineer issues a decision.
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If approved, develop the water use within the deadline.
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File proof of completion through a professional engineer or surveyor.
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Receive a Certificate of Appropriation.
FAQ
What is a water right in Utah?
In Utah, a water right is a legal authorization to divert and beneficially use water from a natural source. It includes the type of beneficial use, a priority date, a specific quantity, the source and point of diversion, and the place of beneficial use.
How do I file an application to appropriate water in Utah?
To file an application to appropriate water in Utah: 1) File the application with the Division of Water Rights. 2) Application is advertised; protests may be submitted. 3) Hearings may be held. 4) The State Engineer issues a decision. 5) If approved, develop the water use within the deadline. 6) File proof of completion through a professional engineer or surveyor. 7) Receive a Certificate of Appropriation.
What counties in Utah does Ruesch Reeve Werrett & Jones serve for water rights cases?
We serve clients throughout Southern Utah, including Washington County, Iron County, and Kane County, with offices in Hurricane, Utah.
Why should I hire a water rights attorney in Southern Utah?
Water rights law in Utah is highly specialized. A water rights attorney can help you protect your rights during adjudication processes, handle change and non-use applications, resolve title issues, and work with the Utah Division of Water Rights to secure your legal access to water.
Contact Our Southern Utah Water Rights Attorneys
Whether you’re responding to the Virgin River adjudication or need to establish, transfer, or defend your water rights, we can help.
📍 Serving clients in Hurricane, St. George, Washington County, Iron County, and Kane County, Utah.
📞 Call (435) 635-7737 today for a consultation.