Going against the current, Utah works to change an old western water rights rule to encourage conservation

Utah Department of Agriculture and Food photo

Many western states apply the "use it or lose it" rule to water rights, which penalizes land owners for using less water.  But Utah is working to reward conservation, reports Nina Elkadi of Grist. "Amid climate change, drought, and increased demands for water, Utah is trying to change the system, bucking one of the oldest water rules in the western U.S."

In the West, water rights come down to the 'beneficial use' principle that "declares that water rights holders must use their water for beneficial purposes, such as agriculture, or give up those rights," Elkadi explains. "In Utah, though, the state legislature has passed multiple statutes that are attempting to encourage farmers to use less water without losing rights to it."

Even as the federal government works with western states to reorganize the Colorado River Compact, Utah is doing its own water resource management. Utah wants "to encourage farmers to conserve water without punishing them for it," Elkadi reports. "It's tackling the problem through its Agricultural Water Optimization Program, which awards farmers funding to become more efficient with their water use. . . . [It's] meant to address stress and uncertainty for farmers. And aims to thwart, or at least delay, catastrophic water shortages in the region."

Utah's Agricultural Water Optimization Program provides support to farmers through grants "to improve water practices," Elkadi writes. "Farmers can also file a 'change application' to lease out any 'saved water' through a water marketplace. Utah's State Engineer Teresa Wilhelmsen told Elkadi, "It kind of gives an incentive to save that consumptive use and potentially be able to lease it or do something else with it."

Despite its benefits, some farmers have avoided participation. Wilhelmsen told Elkadi, “As you can imagine, there’s a fear of the state engineer with some folks." Elkadi adds, "This is why she is trying to frame these programs as opportunities to 'tune up your water rights.'"

While the state's water optimization program is a start, "some believe more needs to be done. Burdette Barker, an irrigation expert at Utah State University, thinks efficiency is not the only issue that needs to be addressed; adaptation needs to be at the forefront, too," Elkadi reports. Barker asked her, “Will [the optimization program] alone meet the objectives that the state and others have? Probably not. Will it allow farmers to adapt better as tighter crunches come? I think so. They will help provide farmers with tools to cope or adjust.”