The Basics
How Utah water law works
Utah follows the Prior Appropriation Doctrine — often summarized as "first in time, first in right." Water is not owned by the landowner. All water in Utah is the property of the public, administered by the state. What landowners hold is a right to use a specific amount of water, from a specific source, for a specific purpose.
Every water right has a priority date. In times of shortage, senior (older) rights are satisfied first. Junior (newer) rights may be cut off entirely. This isn't theoretical — in dry years across the Wasatch Back, junior water right holders have seen their supply curtailed while senior holders receive their full allocation.
The practical implication for land buyers: a parcel's value is affected not just by whether it has a water right, but by the seniority of that right. A 2005 water right in a fully-appropriated basin is worth significantly less than an 1895 water right from the same source.
Key Point
Much of Utah — including parts of Summit and Wasatch County — is closed to new water right applications.
The water sources are fully allocated. If the land you're buying doesn't already have a water right,
you may need to purchase one separately — and it may not be available at any price in that area.
Wells on Raw Land
What you need before you can drill
A common misconception among Wasatch Back land buyers: "I'll just drill a well." In Utah, it's not that simple. You cannot drill a well and then apply for a water right. The water right must be approved first.
The Utah Division of Water Rights issues a "Start Card" — the permit to construct the well — only after approving a water right application. The sequence is: apply for water right → receive approval → receive Start Card → hire a licensed well driller → drill.
Domestic Use Exemption
Utah law allows owners of 5 or more acres to drill a domestic well for household use (drinking water, a garden up to 1 acre, and livestock watering) without a separate water right application. This is the "domestic use exemption." It does not cover irrigation of large acreage or commercial use, and it does not apply to parcels under 5 acres. Even with this exemption, a licensed driller must be hired and construction rules followed.
Steps to drill a well in Utah
1
Verify whether a water right exists on the parcel
Search the DWRi database before making an offer. A water right appurtenant to the land transfers with the deed — but confirm this explicitly. The county recorder's office holds ownership records; the DWRi database holds the right details.
Search water rights →
2
If no right exists, apply for one (or buy one)
If the area is open to new appropriations, you can apply to the DWRi. If it's closed — which many Summit and Wasatch County sources are — you'll need to purchase an existing right and have it changed to your location and use. This is a formal legal process.
3
Receive approval and Start Card from DWRi
After the water right is approved, the Division issues a Start Card authorizing construction. Do not hire a driller until this card is in hand.
Well drilling info →
4
Hire a licensed Utah well driller
All wells in Utah must be drilled by a licensed well driller. You can verify a driller's license at the DWRi website. The driller submits a well log after completion — this becomes a permanent public record.
Find a well driller →
5
File proof of beneficial use
After the well is drilled and you're using the water, you file a "proof" with the DWRi demonstrating the water is being put to the approved beneficial use. This perfects the water right.
Due Diligence
What to verify before buying raw land
Water due diligence should happen before you're under contract, not after. Here's what to check.
Water Due Diligence Checklist
Water right search — Search the DWRi database for any water rights associated with the parcel's legal description or location.
Right status — Is the right "approved" and active? Or is it "conditional" (not yet perfected) or "lapsed"? Only approved rights with proof filed are fully reliable.
Priority date — What is the priority date of the right? Older is better. A junior right in a contested basin may be curtailed in dry years.
Volume and use — How many acre-feet per year is the right for? What is the approved beneficial use (domestic, irrigation, stockwater)? Does it match your intended use?
Closed area check — Is the groundwater basin or surface water source closed to new appropriations? If yes, you cannot apply for a new right — you must acquire an existing one.
Municipal connection — Is municipal water service available to the parcel? What is the connection cost and timeline? Sometimes municipal water is the better option even when a well is possible.
Neighbor well logs — Search the DWRi well map for logs on adjacent properties. What depths did they hit water? What was the output? This gives you realistic expectations for your own well.
Water company shares — Some Wasatch Back parcels (particularly in the Kamas Valley and Heber Valley) are served by local water companies. Check whether shares are available and what they cost.
Title company water right review — Confirm that any water right transfers with the deed. The county recorder holds ownership records; verify the right will be conveyed in the sale, not retained by the seller.
FAQ
Common questions
Do I need a water right before drilling a well?
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Yes. In Utah, a valid, approved water right must be in place before you drill a well and use the groundwater. The Division of Water Rights issues a "Start Card" (the construction permit) only after approving your water right. You cannot drill first and apply later. The one exception is the domestic use exemption for parcels of 5 or more acres — but even then, construction rules must be followed and a licensed driller must be hired.
What is "prior appropriation" and why does it matter?
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Prior appropriation means "first in time, first in right." Water rights are ranked by their priority date — the date the right was originally established. In times of water shortage, senior (older) rights are satisfied before junior (newer) rights. If you hold a junior right in a contested basin and the water supply runs low, your right may be curtailed entirely while holders of senior rights continue receiving their full allocation. This happens in the real world, not just in theory.
How do I find out if a parcel has a water right?
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Search the Utah Division of Water Rights database at
waterrights.utah.gov/wrinfo. You can search by location, parcel, or water right number. For ownership records (who actually holds the right), check the county recorder's office — Summit County Recorder for Summit County parcels, Wasatch County Recorder for Wasatch County parcels. The DWRi's ownership records may not be current.
Is Summit or Wasatch County closed to new water right applications?
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Many groundwater basins and surface water sources in both counties are fully appropriated and closed to new applications. This varies by specific source and location. Check the DWRi's groundwater management plans and closed area designations for the specific water source relevant to your parcel. If your area is closed, you cannot apply for a new water right — you must purchase an existing right and apply to change its point of diversion and place of use to your property.
What is the domestic use exemption?
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Utah Code allows the owner of 5 or more acres to drill a domestic well for household water use, watering a garden up to 1 acre, and watering livestock — without a separate water right application. This is a limited exemption. It does not authorize irrigation of large fields, commercial use, or any use beyond basic household and small-scale agricultural needs. Parcels under 5 acres do not qualify. Even under this exemption, all wells must be drilled by a licensed driller following Utah construction rules.
Can a water right be sold separately from the land?
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Yes. Water rights can be bought and sold separately from land in Utah. A right that was historically used on a parcel may have been sold off by a previous owner, leaving the land without water. Conversely, some buyers purchase land and acquire a water right separately from a different seller. When buying land, always confirm explicitly — in writing, in the purchase contract — that any water rights appurtenant to the land are included in the sale.
How deep are wells in Summit and Wasatch County?
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Depth varies significantly by location and geology. In the Heber Valley, many wells reach water at 100–300 feet. In the Kamas Valley and upper Weber Canyon, depths of 200–500 feet are more common. At higher elevations — particularly around Coalville and rural Summit County — depths can exceed 600 feet. Search the
Utah State Well Map for well logs on properties adjacent to the parcel you're considering — this is the best available predictor of what you'll encounter.
What is a conditional water right vs an approved water right?
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A conditional water right has been approved by the State Engineer but the water has not yet been put to beneficial use. The right holder has a window — usually several years — to develop the water source and file a "proof of beneficial use." An approved (perfected) water right has been developed and proof filed. When evaluating a parcel with a conditional right, understand that it is not yet fully reliable — if the proof isn't filed in time, the right lapses.
What's the difference between a water right and a water company share?
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A water right is a direct appropriation right from a natural source (groundwater or surface water), administered by the state. A water company share is an ownership stake in a mutual water company that holds water rights collectively and distributes water to shareholders. In the Kamas Valley, Heber Valley, and parts of the Weber River corridor, water is often delivered through local water companies. Buying shares is how you access water in those areas. Shares are bought and sold through the water company, not the DWRi.
Should I hire a water rights attorney before buying raw land?
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For any significant raw land purchase where water supply is uncertain or the water right status is complex, yes. Utah water law is technical and consequential — a parcel without workable water access may not be buildable at all. A water rights attorney or water consultant can search the records, evaluate the right's reliability, assess closed basin status, and advise on the most cost-effective path to a water supply. The cost of this review is small relative to the risk of buying land without understanding its water situation.
Wasatch Back Specific
Water considerations by community
Park City, Promontory, Hideout, Jeremy Ranch
Most developed communities in upper Summit County are on municipal or community water systems. Confirm connection availability and cost for your specific parcel. Lot purchases in these communities typically include or have access to water service — verify in writing.
Coalville, Francis, Kamas, Oakley
Rural and unincorporated Summit County parcels are primarily well-dependent. Many areas are closed to new water right appropriations. Verify existing rights carefully before purchase. The Weber River basin has complex senior water rights held by irrigation companies — surface water access is generally not available for new appropriations.
Heber City
Municipal water available throughout most of the city. Rapidly expanding service area. Parcels on the city's edges may not yet have municipal connections — confirm with Heber City utilities. Well water is an option for larger parcels outside city limits, subject to right availability.
Midway, Tuhaye
Midway has a municipal water system. Tuhaye has community water infrastructure within the development. Verify specific service for your parcel with the respective water provider. Both communities are in the Heber Valley basin, which is under significant appropriation pressure.
Charleston, Daniel, Wallsburg
Primarily well-dependent with some local water company service areas. The Heber Valley basin has limited remaining water right availability for new applications. Existing rights on the parcel are highly valuable. Well depths in the southern Heber Valley typically range from 150–400 feet.
Questions about water on a specific parcel?
Talk to a local land agent who knows which areas have water, which don't, and what it takes to get it. Water is often the deciding factor in whether a parcel pencils out.
Talk to a Land Agent
Disclaimer: The information on this page is provided as general educational content for Wasatch Back land buyers and is not legal advice. Utah water law is complex and fact-specific. Before making any land purchase or water right decision, consult a licensed Utah water rights attorney or the Utah Division of Water Rights directly. Bridger Land & Ranch is a listing portal and is not a water rights authority or legal advisor.