By Drew Viguet
National Agricultural Law Center
U of A System Division of Agriculture
Feb. 3, 2025
Fast facts:
- National Ag Law Center’s “Western Water” series continues Feb. 12
- Attorney Emily Lewis will present
- Registration is free-of-charge online
FAYETTEVILLE, Ark. — With drought, water scarcity, and disrupted water cycles affecting many parts of the U.S., how states adapt to meet changing water demands is crucial. States like Utah could serve as a working model in how to address these complex challenges.
The Western U.S. has experienced multi-year drought characterized by years with low precipitation and persistent unusual warmth, according to the National Centers for Environmental Information’s Annual 2024 Drought Report. For the nation as a whole, 2024 was the warmest year on record.
To help combat its water challenges, Utah has taken many steps to update its water law, including adapting its 175 year old Prior Appropriation Doctrine. The doctrine, which is the primary doctrine governing water law in the western U.S., is a legal method for determining who has claim to water sources in times of shortage and ensuring that water is put to beneficial use.
“Based in practicality, the 175-year-old Prior Appropriation Doctrine has proven to be surprisingly flexible in adapting to meet current water needs in the West, and in Utah in particular,” Emily Lewis, director and shareholder at Clyde Snow and Sessions, said. “Utah continually faces water issues, such as drought, disrupted water supplies, scarcity, and explosive population growth. Utah’s recent changes to and application of the Prior Appropriation Doctrine is one example other states may consider when designing a legal path to meet challenging water demands.”
Lewis will review Utah’s water law strategies in the National Agricultural Law Center’s Feb. 12 webinar, an installment in its “Western Water” Webinar Series. She will provide basics on the Prior Appropriation Doctrine and explore Utah’s strategic actions to modernize its water law.
“The progress our state has made is exciting, and, while much work is yet to done, the hope is that Utah’s efforts can act as a working lesson for other Western states to adapt to their own needs,” Lewis said.
The webinar, titled “Western Water Law in Action: A Primer on Basic Concepts of the Prior Appropriation Doctrine and How Utah is Modifying Water Law to Meet Modern Demands,” will begin at 11 a.m. Central/Noon Eastern. Registration is available at no cost on the NALC website at nationalaglawcenter.org/webinars/western-water-law.
To read the full news release, click here.