Utah Division of Water Rights
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Water Right Information

Revised: July 14, 2005




The Division of Water Rights is the state agency that regulates appropriation and distribution of water in the state of Utah. It is an office of public record. All water right records are available in the Salt Lake City office or from this WWW site.

The Utah pioneers in the late 1840's were the first Anglo-Saxons to practice irrigation on an extensive scale in the United States. Being a desert, Utah contained much more cultivable land than could be watered from the incoming mountain streams. The principle was established that those who first made beneficial use of water should be entitled to continued use in preference to those who came later. This fundamental principal was later sanctioned and is known as the Doctrine of Prior Appropriation. This means those with earliest priority dates who have continuously used the water since that time have the right to water from a certain source before others with later priority dates.

In the early Territorial days, rights to the use of public streams of water were acquired by actual diversion and application of water to beneficial use, or by legislative grant. A county courts water legislation was enacted in 1852, and was in effect until 1880, when it was replaced by a statute for the provision for county water commissioners.

The Utah State Engineer's Office was created in 1897. The State Engineer is the chief water rights administrative officer. A complete "water code" was enacted in 1903 and was revised and reenacted in 1919. This law, with succeeding complete reenactments of State statutes, and, as amended, is presently in force mostly as Utah Code, Title 73. In 1963 the name was changed to the Division of Water Rights, but the public sometimes still refers to the division as the State Engineer's Office.

All waters in Utah are public property. A water right is a right to the use of water based upon 1) quantity, 2) source 3) priority date, 4) nature of use, 5) point of diversion and 6) physically putting water to beneficial use.

Rights for water use prior to 1903 can be claimed according to statute by filing a water user's claim with the State Engineer. Certain underground water diversions established prior to 1935 are also a basis for a water right and claims may be filed at the office of the State Engineer.

All other rights to the use of water in the State of Utah must be established through the water appropriation process administered by the State Engineer's office. The steps to this process are as follows:


  • Apply to appropriate Water with the State Engineer.

  • Application is advertised and protests and rebuttals heard.

  • State Engineer evaluates application, protests, and other pertinent information and renders a decision on the application based upon principles established in State statute.

  • If approved the applicant begins developing water. When fully developed the applicant files proof with the state engineer stating the details of development.

  • The State Engineer after reviewing proof issues a Certificate of Appropriation.

Water appropriation issues in specific areas of the state are controlled by office developed policies. The policies generally are developed for a Drainage Basin.