Helping a Southern Utah Community Protect Critical Water Rights

A recent water rights project in southern Utah highlights the importance of proactive water rights management and the consequences of missed deadlines.

A regional water provider became aware that two of its water rights had lapsed due to missed filing deadlines. Under Utah law, water rights lapses become irreversible 60 days after the lapse date. By the time Sunrise Engineering became involved, the window to act was extremely narrow. According to Sunrise Water Rights Engineer Chad Withers, PE, the client came “within a day of losing two irreplaceable water rights worth many millions.”

Coordinated Water Rights Engineering Under a Tight Deadline

Once engaged, Sunrise moved quickly. Chad coordinated with Sunrise’s Joe Phillips, PE, and the client’s attorney to update the client’s 40-year water requirement plan and prepare a request for reinstatement before the deadline passed.

The reinstatement request has been submitted to the State Engineer and is currently under review. Based on the circumstances and documentation, the outlook is optimistic.

Lessons Learned in Water Rights Management

Several preventable issues contributed to the near loss of the water rights. The client had not updated its mailing address, which delayed receipt of official notices. The water rights were also not enrolled in the state’s email notification system, which can provide early alerts when deadlines or changes occur. There was also an assumption that water rights management was being handled elsewhere.

That assumption nearly resulted in permanent loss. As Chad put it, “We can’t assume.”

This project underscores the importance of clear responsibility, active monitoring, and routine review of water rights portfolios. By acting quickly and working collaboratively, Sunrise Engineering helped a client avoid a potentially devastating outcome and reinforced the value of proactive water rights management.