Living With Utah

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Living With Utahs Water Right System
Rural Water Users Fall Workshop September 21,
2006 http//waterrights.utah.gov
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Water is the Paintbrush which has Painted our
Past
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How we manage that resource is the chisel which
will shape our future.
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Water Right Principles

• Water is the property of the public
• A Right to divert and use water is granted with
  conditions
• Beneficial use is the measure and extent of the
  right
• First in time first in right
• Use it or loose it
• Reasonableness

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Water Right Elements

• Ownership
• Quantity
• Priority
• Source / Point of Diversion
• Uses / Place of Use / Period of use
• Storage

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Administrative System

• State Engineer is the administrative officer
• The Division of Water Rights is his office
• All new rights are obtained through application
• Pre-statutory rights are grandfathered into the
  system
• Rights are conveyed similar to property
• Illegal use is a serious, punishable offense
• State Engineer maintains public records

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(No Transcript)
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Approval Criteria

• Unappropriated water in source
• Will not impair existing rights or more
  beneficial use
• Physically and economically feasible
• Financial ability
• Good faith (not monopoly or speculation)

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Hold for Further Study
If the state engineer, because of information in
his possession obtained either by his own
investigation or otherwise, has reason to believe
that an application to appropriate water will
interfere with its more beneficial use for
irrigation, domestic or culinary, stock watering,
power or mining development or manufacturing, or
will unreasonably affect public recreation or the
natural stream environment, or will prove
detrimental to the public welfare, it is his duty
to withhold his approval or rejection of the
application until he has investigated the matter.
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Ten Suggestions for a better water right
experience
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Suggestion One
Recognize that a water right is a right to
beneficially use waters of the public.
Distinguish between owning the water and a right
to put the water to beneficial use.
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Suggestion Two
Develop a clear and accurate description of your
water right in the State Engineer's Records.
 Unfiled claims will become a bigger problem as
time goes on.  Monitor your water right records
and take action to see that they reflect your
actual practice.
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Suggestion Three
Understand the extent of your water right and do
not exceed your allowed uses.
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Suggestion Four
Put your water right to use, measure your use,
and see that it is recorded at the Division.  If
you aren't using your water, file nonuse, lease
it or make other arrangements to protect your
water right.
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Suggestion Five
Keep title up to date and maintain your current
address on records of the State Engineer.
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Suggestion Six
Specifically convey and exclude conveyance of
water rights in title transfers. Title is
recorded in the counties and the oldest deed
recorded is the controlling record. Do not
assume the Divisions records reflect all
recorded deeds.
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Suggestion Seven
Actively participate in the water right process,
follow applications in your area, understand what
is being proposed and protest when there is a
potential for conflict. Form your protest around
how the competing application could impact your
ability to beneficially use your water right.
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Suggestion Eight
Follow and support adjudication efforts. Insist
that rights are quantified and defined in that
process.
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Suggestion Nine
Maintain a reasonable and efficient means of
diverting and delivering water to beneficial use.
 Recognize that you are part of a system of water
users and cooperate and think through how the
state engineer will practically distribute water
recognizing you are part of a system with an
increasingly complex set of requirements.
 Support efforts to improve distribution
systems.
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Suggestion Ten
Do not expect the water right application process
to be automatic.  Each approval is an independent
decision which includes conditions. Read and
understand the entire approval, request
reconsideration if the conditions seem unworkable
or miss the issue. Comply with the conditions
plan ahead to complete the work and submit proof
that you have placed the water to use in
accordance with the conditions.
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Dont BUY a big old pumpkin

• And expect the State Engineer to turn it into a
  beautiful carriage!