- Protects certain lower basin water rights from forfeiture.
- Limits instream flow change applications in the lower basin.
- Passed the Utah House unanimously on February 12, 2026.
- Takes effect May 6, 2026, if enacted.
Wednesday, February 18, 2026 — Utah’s H.B. 187
protects certain lower basin water rights from forfeiture, including water held for future use by conservancy districts that file an affidavit and have ownership, lease, or contractual rights. The bill clarifies planning protections as Colorado River negotiations continue.
The bill addresses water in the lower basin as defined by the Colorado River Compact and adjusts how some water rights are treated under state law.
The House passed the bill on February 12, 2026, by a vote of 66 to 0, with nine members absent. As of February 17, 2026, it had received its first reading in the Senate and was assigned to the Senate Natural Resources, Agriculture, and Environment Committee.
If enacted, the bill will take effect May 6, 2026.
At its core, the legislation makes two significant changes. It modifies forfeiture rules for certain water conservancy districts in the lower basin. It also restricts certain change applications for instream flows in that same region.
Background: Forfeiture and Nonuse.
Under Utah law, a water right can be subject to forfeiture if it is not beneficially used for at least seven consecutive years. In that case, the unused water may revert to the public and become available to satisfy other water rights or new appropriations.
There are existing exceptions. For example, public water suppliers can hold water for anticipated future needs, generally defined as the amount of water needed over the next 40 years based on expected population growth. The state engineer oversees nonuse applications and publishes notice before approving them.
H.B. 187 adds another exemption.
New Protection for Lower Basin Conservancy Districts.
The bill exempts from forfeiture certain water rights held by a water conservancy district in the lower basin.
Specifically, a water right or portion of a water right is protected if the district:
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Uses or diverts water in the lower basin.
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Has state engineer approval or certification to use or divert water in the lower basin.
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Plans to use or divert water in the lower basin, demonstrated by an affidavit signed by the district’s general manager.
The district must also own, lease, or be contractually entitled to use the water.
In practical terms, this means that certain lower basin water rights held by conservancy districts will not be subject to the seven-year forfeiture rule, even if they are not currently being used. For long-term Colorado River projects, this approach can reduce legal risk while planning, financing, or constructing future infrastructure.
Protecting Utah’s water starts here. H.B. 187 safeguards Lower Basin water by preserving key water rights and strengthening coordinated, responsible management of this vital resource. pic.twitter.com/A9IRxymQ2B
— Utah House Majority (@utahhousereps) February 12, 2026
Changes to Instream Flow Applications.
Utah law allows certain state divisions, including the Division of Wildlife Resources and the Division of State Parks, to file change applications to provide water for instream flows. Instream flows are designed to support wildlife, maintain aquatic environments, or help manage state parks.
H.B. 187 adds a new limitation. If the diversion point under a proposed permanent, fixed time, or temporary change application is located within the lower basin, a private water right holder may not file that type of instream flow change application under this section of state law. In addition, a state division may not file certain reservoir-related change applications in the lower basin under the same statutory framework.
The bill also includes coordination language tied to another measure, H.B. 348, Dedicated Water Amendments. If both bills become law, similar restrictions would apply to dedicated water applications in the lower basin.
In effect, the lower basin would have narrower pathways for converting certain existing water rights into instream flow or certain conservation uses under this particular section of code.
The Lower Basin Context.
The term lower basin is defined in Utah law and is used in connection with the Colorado River Compact framework. While Utah is generally recognized as part of the Upper Basin under the 1922 Compact, Utah statutes use “lower basin” for specific administrative and legal purposes.
The Colorado River system remains under heavy scrutiny as federal and state officials continue negotiations over post-2026 operating guidelines for Lake Powell and Lake Mead. Utah’s Colorado River Authority and other state water entities have emphasized a mix of long-term development planning and participation in conservation and drought response programs.
By insulating certain conservancy district water rights from forfeiture and narrowing certain instream flow pathways in the lower basin, H.B. 187 could influence how Utah approaches long-range planning and future Colorado River strategy discussions.
Fiscal and Administrative Notes.
The bill does not appropriate new money. It amends provisions in Utah’s water code dealing with forfeiture for nonuse and change applications for instream flows.
If enacted, the bill takes effect May 6, 2026.
Q&A
What is water forfeiture in Utah?
Water forfeiture is a legal process tied to non use. In Utah, if a water right is not beneficially used for at least seven consecutive years, it may be subject to forfeiture through a judicial action, and the water may revert to the public.
What does H.B. 187 change about forfeiture?
It adds an exemption that can protect certain lower basin water rights held by a water conservancy district from the seven-year forfeiture rule, if the district meets specific ownership, authorization, or planning requirements.
Does the bill eliminate instream flows in the lower basin?
No. Instream flows remain authorized in Utah law. However, the bill restricts certain instream flow-related change applications when the diversion point is located in the lower basin.
When would the bill take effect?
If the bill becomes law, it takes effect May 6, 2026.
Why does this matter for the Colorado River system?
Rules on forfeiture, change applications, and conservation-related uses can shape how water managers plan for shortages, finance long-term projects, and participate in multi-state negotiations affecting the Colorado River.
