From Snow to Salt Lake: Understanding Utah’s Water Rights This Groundhog Day

In Utah, all water is owned by the public. The Federal and State governments manage this vital resource, ensuring that water is distributed and used in ways that benefit everyone. Here’s a brief look into how water rights work and why they matter.

Understanding Water Rights

The right to use water is known as a “water right.” This right allows for the diverting at a designated time and place for a particular purpose. In Utah, water rights are a constitutionally protected resource, making them as significant as any other public asset.

Obtaining and maintaining a water right depends on two key principles:

  1. First in Time, First in Use:
  2. A water right is perfected when that State Engineer issues a “Certificate of Appropriation”
  3. Continuous Beneficial Use:

To keep the water right active, the water must be used beneficially on a continual basis—if not, the right may be lost.

While water rights share similarities with real property rights, water is unique. An acre-foot of water isn’t fixed to a parcel of land—it can be reused and reallocated among various users. For example, consider the journey of water in our landscape:

  • Snow falls on King Peak’s north flank.
  • The meltwater nourishes alpine trees and meadows.
  • Water flows into the Bear River and is diverted to grow alfalfa.
  • It returns to the river, then is diverted to Bear Lake for electric power.
  • It comes back again to the river, is diverted to quench the thirst of people and cattle, returns once more, and may even be used to grow onions.
  • It might eventually recharge groundwater, support the Bear River Migratory Bird Refuge or serve industrial needs, and finally recharge the Great Salt Lake.

Each of these diversions requires its own water right.

The Role of the State Engineer

Before any water right is approved, the State Engineer plays a crucial role. They confirm that the water isn’t already appropriated and then, based on the type, timing of use, and local hydrology, calculate the quantities of “depletion” and “return flow”. This careful process protects existing water right owners and ensures that water is managed sustainably.

The Great Salt Lake and Water Management

Long-term plans for the Great Salt Lake River basins are based on about 3.0 million acre-feet (maf) of annual streamflow and direct precipitation to maintain an elevation of 4,198 feet. However, recent weather patterns—characterized by slight deficits in precipitation and significant increases in evapotranspiration—have led to notable annual deficits.

Since 2012 (the last year the lake maintained 4,198 feet), the decline in the lake’s elevation has been attributed to several factors:

  • Natural Systems: 54%
  • Great Salt Lake South and North Arms: 27%
  • Wetlands: 8%
  • Agriculture: 8%
  • Municipal & Industrial (M&I): 3%

Given the interrelated nature of water rights, the most effective measures to help stabilize or even increase the Great Salt Lake’s elevation lie at the lake itself and its immediate surroundings. Potential large-scale actions include:

  • Mixing the Freshwater Lens: Adjusting water flows at Bear River Bay and Farmington Bay causeways.
  • Enhancing Riparian Efficiency: Improving water efficiency in riparian zones can also contribute to better water management.

Why Preserving Water Rights Matters

Federal, state, and local governments are the largest holders of water rights. With farmland conversion on the rise, private water rights are on the decline. Since no new appropriations are being made in the river basins, it is essential for the public to actively support and preserve water rights—especially those tied to farmland. This preservation is not only about maintaining agricultural productivity but also about safeguarding the natural systems that sustain the Great Salt Lake and the broader ecosystem.

Thank you for spending a few minutes with Gus and me today. Water is a shared resource, and understanding our rights and responsibilities helps ensure that Utah’s water continues to flow for all. Happy Groundhog Day, and let’s all work together to protect this vital resource!

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