Utah Code » Title 73, Chapter 1 — General Provisions
Utah Code

Utah Code § 73-1-1 (2026)

Waters declared property of public

✓ current as of May 2026
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All waters in this state, whether above or under the ground, are hereby declared to be the property of the public, subject to all existing rights to the use thereof.
The declaration of public ownership of water in Subsection (1) does not create or recognize an easement for public recreational use on private property.
The Legislature shall govern the use of public water for beneficial purposes, as limited by constitutional protections for private property.
The right of the public to use public water for recreational purposes is governed by Chapter 29, Public Waters Access Act.
Notes of Decisions
Cited in 20 cases (2 in the last 5 years), 1962–2025 · leading case: Green River Canal Co. v. Thayn, 2003 UT 50 (Utah 2003).
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Green River Canal Co. v. Thayn, 2003 UT 50 (Utah 2003). · cites it 2× “; Utah Code Ann. § 73-1-1 (1989 & Supp.2002) (declaring “all waters .”
J.J.N.P. Co. v. State Ex Rel. Div. of Wildlife Resources, 655 P.2d 1133 (Utah 1982). · cites it 4× “Section 73-1-1 states: "All waters in this state, whether above or under the ground are hereby declared to be the property of the public, subject to all existing rights to the use thereof.”
Bonham v. Morgan, 788 P.2d 497 (Utah 1989). · cites it 2× “) Plaintiffs and the NPCA point out that Justice Wolfe’s interpretation of the permanent change application statute also relied upon the predecessors of Utah Code Ann. § 73-1-1 (1980), “[a]ll waters in this state, whether above or under the ground are hereby declared to be the…”
East Jordan Irrigation Co. v. Morgan, 860 P.2d 310 (Utah 1993). · cites it 4× “Thus, while a water right is considered a "property right," certain legal principles regarding water have developed in the West that differ significantly from the rules regarding other forms of property.”
Conatser v. Johnson, 2008 UT 48 (Utah 2008). · cites it 2× “Utah Code Ann. § 73-1-1 (Supp.2007); see also Adams v.”
Platt v. Town of Torrey, 949 P.2d 325 (Utah 1997). · cites it 4× “The most fundamental principle of water law in this arid state is found in Utah Code Ann. § 73-1-1 (1989): All waters in this state, whether above or under the ground are hereby declared to be the property of the public, subject to all existing rights to the use thereof.”
Salt Lake City v. Silver Fork Pipeline Corp., 2000 UT 3 (Utah 2000). · cites it 2× “105, § 100-1-1 (now codified at Utah Code Ann. § 73-1-1 )}. 12 . Similarly, in Riordan two members of this Court stated that public ownership of all underground and surface waters "has probably always been the law of this state," regardless of the 1935 amendment to Utah's Water…”
Utah Ex Rel. Utah State Dep't of Health v. Kennecott Corp., 801 F. Supp. 553 (D. Utah 1992). · cites it 2× “Utah Code Ann. § 73-1-1 provides "[a]ll waters in this state, whether above or under the ground are .”
In Re Uintah Basin, 2006 UT 19 (Utah 2006). · cites it 2× “The first and over-arching principle of Utah water law is this: "All waters in this state, whether above or under the ground, are hereby declared to be the property of the public, subject to all existing rights to the use thereof.”
Little v. Greene & Weed Inv., 839 P.2d 791 (Utah 1992). · cites it 2× “100, § 47; Utah Code Ann. § 73-1-1 (1989). As a result, individuals could no longer acquire ownership interests in water, but only the right to put the water to certain uses.”
Crafts v. Hansen, 667 P.2d 1068 (Utah 1983). · cites it 4× “The DMAD companies are acting as a brokerage of water which belongs to the public as stated by Utah Code Section 73-1-1 and as well as the Utah State Constitution.”
Wayman v. Murray City Corp., 458 P.2d 861 (Utah 1969). · cites it 2× “Because it is our judgment that the decree of the district court does not achieve that objective, and because of the importance of the rights, not only of the parties here in contention, but of the policy considerations underlying this proceeding, we feel impelled to remand this…”
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— Utah Code § 73-1-1(1) — 2 cases
Arave v. Pineview West Water Co., 2020 UT 67 (Utah 2020).
Water Horse v. Wilhelmsen, 2025 UT 43 (Utah 2025).
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