Utah water agent gains authority to negotiate interstate deals

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  • Utah’s water agent can now negotiate across state lines.
  • The new law allows broader collaboration in Colorado and Bear River basins.
  • Augmentation projects may now include land and facilities.

Friday, April 4, 2025 —In a significant shift for Utah water policy, legislation signed by Governor Spencer Cox on March 24, 2025, expands the authority of the state’s water agent to engage directly in water-related negotiations with other states. The change marks a potential turning point in regional water collaboration, especially for states in the Colorado and Bear River basins.

The law, House Bill 311, officially titled “Watershed Amendments,” Opens in a new tab.builds upon the role created during Utah’s 2024 legislative session, when the position of Utah water agent was first established. The agent, currently Joel FerryOpens in a new tab., is tasked with securing Utah’s future water needs by exploring a broad range of options, including conservation and augmentation.

New Tools for a Critical Mission.

Previously, the Utah water agent lacked statutory authority to formally negotiate with other states bound by interstate water compacts. Under the new law, however, that limitation is lifted. According to the engrossed bill textOpens in a new tab., the agent may now “explore and negotiate with officials of other states, tribes, and other government entities regarding possible water augmentation projects,” which can include out-of-state water sources, land, or facilities essential to those projects.

The bill further states that the agent may “recommend to the Board of Water Resources…a water augmentation project that the water agent negotiates…if the water augmentation project is in the best interest of the people of this state and the state’s water resources.”

This authority includes—but is not limited to—representation of Utah in conferences with sister states aimed at entering new compacts. These compacts, however, still require legislative approval from all states involved before taking effect.

Legislative Support and Oversight.

The legislation also aligns the agent’s work with various oversight and advisory bodies, including the governor’s office, the Utah Legislature, and the Legislative Water Development Commission. It mandates regular reporting of findings and recommendations to these entities and directs other state or local government bodies to provide information to the water agent upon request.

The scope of cooperation has been broadened as well. The law enables the agent to “work with the council and division to match the water resources…to needs identified by the council or division,” ensuring that in-state water priorities remain central in cross-border planning.

Looking Ahead.

While H.B. 311 is scheduled to take effect on May 7, 2025, some of its provisions are temporary. The section of Utah Code that creates the Utah water agent position is set to sunset in 2034, unless reauthorized.

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Deborah

Since 1995, Deborah has owned and operated LegalTech LLC with a focus on water rights. Before moving to Arizona in 1986, she worked as a quality control analyst for Honeywell and in commercial real estate, both in Texas. She learned about Arizona's water rights from the late and great attorney Michael Brophy of Ryley, Carlock & Applewhite. Her side interests are writing (and reading), Wordpress programming and much more.

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Ivy
Member
Ivy
April 4, 2025 11:51 pm
I see room for plenty of growth and progress as the agents new duties and abilities are put into action
I hope this is effective enough to prompt other states to do the same. Healthy negotiation, research, progressive thinking are only a few of the positive things that can come out of this. I’m interested in following this story.

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