The order of operations for a well in Utah surprises almost everyone: you need the water right before you drill. A well is the point of diversion for a groundwater right, and the Utah Division of Water Rights has to approve the right before a licensed driller can put a hole in your ground.
The start card
Once the right is approved, the well owner gets a start card, proof of authorization that the licensed driller files with the Division. No start card, no drilling.
If a contractor offers to "just drill and sort it out later," find another contractor.
Open and closed basins
In areas open to appropriation, you file an Application to Appropriate Water with the State Engineer. In restricted or closed areas, you cannot file for new water: you have to acquire all or part of an existing right and file a change application to move its point of diversion, place of use, or nature of use.
Many mountain and Wasatch Front basins are closed or restricted. That is exactly why the water question comes before the offer.
What we check
Is the basin open or closed? Does the property have an existing well, and is it permitted? What is the depth, the yield, the water quality? Is there a well log on file?
A dry hole is a bad way to learn the basin was closed. We research the basin and the permit status before you commit.
The well question is really the water right question. We research the basin and the permit status before you commit, so the first time you hear about a start card is not at the drill site.
Dig deeper
Belladonna Bayless
Associate Broker · Land & Ranch
