Southern Utah Water Rights Attorney

Are you concerned about losing your water rights in Southern Utah?
If you own underground or surface water rights in the Virgin River drainage area (Washington County, Iron County, and Kane County), it’s crucial to be diligent in protecting those rights.

Recently, the State of Utah—through the Utah State Engineer—reinstated legal proceedings involving a general adjudication on the Virgin River. This process includes a “proposed determination,” and letters have been sent by mail asking water rights owners to participate.

Ben Ruesch, an experienced water law attorney at Ruesch Reeve Werrett & Jones, PLLC, can guide you through this process.

Our attorneys possess deep knowledge of this highly specialized area of law. We work closely with local and state governments to resolve water rights issues efficiently and effectively.

Our Water Rights Legal Services Include:

• Performing due diligence for water rights purchases

• Preparing water rights inventories and evaluations

• Preparing, filing, and prosecuting change and non-use applications with the Utah Division of Water Rights

• Drafting, revising, and amending Articles of Incorporation, Bylaws, and regulations for irrigation, canal, ditch, and private culinary water companies

• Filing and prosecuting rate increases with the Utah Division of Public Utilities and Utah Public Service Commission

• Researching and updating title issues with the Utah Division of Water Rights

• Preparing and prosecuting protests to applications filed with the Division

• Assisting water companies with project approvals, funding, and easement acquisition

Utah Water Rights Information

The Utah Division of Water Rights regulates the appropriation and distribution of water throughout the state. While the Division holds most public records related to water rights, ownership records are maintained by the county recorder’s office where the water is diverted.

The Division’s Salt Lake City office—and regional offices throughout Utah—maintain public access to water rights records.

Historical Background

In the late 1840s, Utah’s early settlers began practicing large-scale irrigation. Given Utah’s arid climate, the principle was established that those who first made beneficial use of water had the superior right to continue that use. This became known as the Doctrine of Prior Appropriation.

Legal and Administrative Evolution

• 1852: Water allocation initially handled by “county courts.”

• 1880: A statute introduced county water commissioners.

• 1897: Creation of the Office of the State Engineer, Utah’s chief water rights authority.

• 1903: Utah enacted a comprehensive water code, revised and reenacted in 1919.

• 1967: Office renamed the Division of Water Rights, though often still referred to as the State Engineer’s Office.

Defining a Water Right

All waters in Utah are considered public property. A water right allows the holder to divert and beneficially use water from a natural source. Typical components include:

• A defined nature and extent of beneficial use

• A priority date

• A defined quantity (in cfs or acre-feet)

• A specified source and point of diversion

• A designated place of beneficial use

Establishing Water Rights

• Pre-1903 surface water rights and pre-1935 groundwater rights can be formalized by filing a diligence claim with the Division. These claims may face judicial review and could be barred by prior court decrees.

All other water rights must be established through the appropriation process administered by the Division of Water Rights.

Steps to File an “Application to Appropriate Water”

1. File the application with the Division.

2. Application is advertised; protests may be submitted, and hearings may be held.

3. The State Engineer renders a decision based on statutory law and legal precedent.

4. If approved, the applicant is given a deadline to develop the water use.

5. A professional engineer or surveyor files proof of completion with the Division.

6. Once verified, a Certificate of Appropriation is issued, formally establishing the right.