This bill amends provisions relating to the rule against perpetuities.
This bill:
AI-generated summary, not yet reviewed by Better Utah staff. Please consult the bill text.
Utah water law follows a "first in time, first in right" system, where older water rights get priority access during shortages, but water rights holders can voluntarily enter into "subordination agreements" that let a senior right temporarily yield to a junior right, which is a useful tool for managing water resources flexibly. A long-standing legal doctrine called the rule against perpetuities limits how long certain property interests can remain unresolved, and there has been legal uncertainty about whether these subordination agreements might be affected by that rule. This bill would clarify in state law that water right subordination agreements do not create the kind of unresolved property interest governed by the rule against perpetuities, and this clarification would apply retroactively to agreements already in place, not just new ones made after the bill takes effect.
Introduction
Jan 20
House Rules
Mar 5
House Committee
Feb 9
House Floor Vote
Senate Rules
Senate Committee
Senate 2nd Reading
Senate 3rd Reading
Governor
IntroductionJan 20
House RulesMar 5
House CommitteeFeb 9
House Floor Vote
Senate Rules
Senate Committee
Senate 2nd Reading
Senate 3rd Reading
Governor
This bill amends provisions relating to the rule against perpetuities.
This bill:
AI-generated summary, not yet reviewed by Better Utah staff. Please consult the bill text.
Utah water law follows a "first in time, first in right" system, where older water rights get priority access during shortages, but water rights holders can voluntarily enter into "subordination agreements" that let a senior right temporarily yield to a junior right, which is a useful tool for managing water resources flexibly. A long-standing legal doctrine called the rule against perpetuities limits how long certain property interests can remain unresolved, and there has been legal uncertainty about whether these subordination agreements might be affected by that rule. This bill would clarify in state law that water right subordination agreements do not create the kind of unresolved property interest governed by the rule against perpetuities, and this clarification would apply retroactively to agreements already in place, not just new ones made after the bill takes effect.
House/ filed
House file for bills not passed
House/ strike enacting clause
Clerk of the House
House/ comm rpt/ sent to Rules
House Rules Committee
House Comm - Recommends Returned to Rules
House Natural Resources, Agriculture, and Environment Committee
House Comm - Not Considered
House Natural Resources, Agriculture, and Environment Committee
Last updated Aug 29, 2026, 5:26 PM