Overview
Recognizing the importance of long-term water planning, the Utah State Legislature adopted S.B. 110 during the 2022 General Session, requiring most municipalities and counties to incorporate a Water Use and Preservation Element into their general plans (subject to certain statutory exceptions). The legislation reflects Utah’s continued emphasis on ensuring that future growth is supported by responsible water planning, conservation, and management.
The Water Use and Preservation Element encourages local governments to consider how future land use decisions, population growth, and development patterns will affect long-term water supplies. Rather than treating water planning as a stand-alone exercise, the element is intended to integrate water resource management into the community’s overall vision for growth and development. The requirement applies to most municipalities under §10-20-404 and counties under §17-79-403, subject to the statutory exceptions provided in Utah law.
Among other things, S.B. 110:
- Requires most municipalities (§10-20-404) and counties (§17-79-403) to include a Water Use and Preservation Element in their general plans (subject to statutory exceptions).
- Establishes the required content and process for developing and adopting the Water Use and Preservation Element.
- Requires local governments to evaluate future water demand, water infrastructure, conservation opportunities, and strategies for preserving available water resources.
- Provides for review and adoption of the element by the municipality’s legislative body or the county legislative body.
- Directs the Utah Division of Water Resources to provide information, guidance, and technical assistance to local governments developing the required element.
During the 2023 General Session, the Legislature further refined these requirements through S.B. 76, which clarified several provisions relating to the Water Use and Preservation Element. Among other changes, the legislation requires municipalities and counties to consult with the Utah Division of Water Resources regarding regional water conservation goals, implementation strategies, the potential effects of growth on water resources (including the Great Salt Lake where applicable), and other technical resources that support informed long-range planning.
Ultimately, the Water Use and Preservation Element is intended to help municipalities and counties better align land use planning with available water resources, encourage responsible conservation practices, and ensure that future growth can be supported in a sustainable manner. By integrating water considerations into general plans, local governments are better positioned to make informed decisions about future development, infrastructure investments, and long-term community resilience.
Content Contributors: Jones and DeMille Engineering, Inc, Hansen Planning Group, LLC / Rural Community Consultants
Special Note: This material was developed by civiclinQ for the Land Use Academy of Utah (LUAU). Funding for the development of this material was provided by through the Land Use Training Fund, which is administered by the Office of the Property Rights Ombudsman , utilizing a portion of the 1% surcharge on all building permits in the State of Utah.
The role of this organization in administering funding is primarily administrative and should not be viewed as legal advice. Always consult your legal representative when addressing land use activities.
Use the ‘Materials’ tab above to view related course materials, including printable pass-along card and PDF version of this online course.
