Water Rights Issues in Utah

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Water Rights Issuesin Utah

• Jerry Olds
• State Engineer/Director
• Utah Division of Water Rights

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Objectives

• Water Right Applications
• Changes from surface to ground water
• Non-use
• Reserved water rights
• Legislation rules

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Population Growth Water

• Current Population (06) 2.6 Million
• Estimated Population 2020 - 3.5 Million
• 2050 - 5.4 Million
• Estimated Water Needs 2020 215,000 AF 2050
  770,000 AF

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Population Projections

• 96 Increase
• Box Elder, Cache, Davis, Iron, Morgan, Salt
  Lake, Summit, Tooele, Utah, Wasatch, Washington
  Weber
• Fastest Growing - Washington, Morgan Summit

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State of Utah Water Diversions(Acre-Feet/Year)
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State Engineers Water Appropriation Policy
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Throughout Utah we are going from growing
alfalfa to growing houses
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(No Transcript)
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Change Applications (73-3-3)

• Any person entitled to the use of water..
• Permanent or Temporary
• Change the Point of Diversion Place of
  Use Purpose of Use
• Heretofore uses / Hereafter proposal
• Evaluation of diversion / depletion
• GIVE UP ONE to GET ONE !

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Conversion of Ag Water

• The easy water has been developed
• Changes in water - more complex
• Filing fee very cheap (75 - 500)
• File and see what happens!
• Support conversion of ag water
• Change Applications Bulk Workload
• Need the water user assistance

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Example of Recent Change Application

• Decreed water right Upper Provo River
• 14th Class Right
• Individual acquired 1.0 acre-feet
• Filed a change application Irrigation water
  use to domestic use

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Recent Change Application (contd)

• Direct flow available up to June 30
• Year-round use (domestic)
• Are there impacts?
• Is there potential enlargement?
• How do we handle this situation? Allow changes
  in water use practices Protect prior / existing
  water rights

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Future Efforts Regarding Change Application

• Public education / training
• Surface / ground water interaction
• Assistance from the water community

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Navajo Nation / Utah Potential Water Rights
Settlement Agreement

• MOU entered into 2003
• The parties agreed to begin discussions
• Numerous meetings / discussions
• 25 Navajo haul water for drinking livestock
  use

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There is no argument that the Navajo Nation have
water rights,
Navajo Nation Water Rights
the question is how much?
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Navajo Water Rights Settlement

• Annual depletion 81,000 AF
• Priority date 1884, 1892 and 1933
• Inventory all existing uses
• Water resource project to deliver water to
  Monument Valley, Montezuma Creek et al
• Cooperative effort for federal approval
• Protect existing water users
• Water used in accordance Compacts
• Management administration

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Water Right Issues -NR Interim Committee

• WHAT IS THE ROLE OF THE STATE ENGINEER
  REGARDING FORFEITURE?
• Municipal Water Right Issues - What special
  privileges does it afford? What constitutes
  proof of beneficial use? What is reasonable
  future demand?
• Discussions are on going
• Based on sound water law principles

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Typical Growth in Municipal Water Use
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Division ofWater Rights Activities

• Deputy State Engineer Boyd Clayton
• Additional Staff Processing WR
  Applications Reports of Water Right
  Conveyance (Title)
• Adjudication Bear River, Ashley Valley,
  Tooele Valley Castle Valley
• Automation of water management
• Ground-water management Beryl Enterprise
• Water use by mines

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Proposed Legislation / Rules

• Distributing / regulating interstate waters
• Well Drillers Allow for administrative
  fines Clarify the statute
• Adjudication Utah Lake / Jordan River
• Rules regarding water distribution systems /
  commissioners

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Thank You
Questions?