WATER RIGHT CURRENTS

1
WATER RIGHT CURRENTS
Utah Division of Water Rights
September 2009
2
2008-2009 CHANGES

• New State Engineer KENT L. JONES, P.E.
• Changes in Water Right Law
• 7 Significant Bills Passed in 2008
• HB 51 Forfeiture Nonuse
• HB 208 Livestock Watering Rights on Public
  Land
• 7 Significant Bills Passed in 2009
• HB 18 WR Applications Records
• HB 241 Priority of Water Rights
• HB 256 Livestock Watering Right Amendments
• HB 389 Applications for a Small Amount of
  Water

3
CHANGES IN WATER RIGHT LAW
HB 51 WATER RIGHT AMENDMENTS
Chief Sponsor Representative Patrick Painter -
Nephi
4

• HB 51 FOREITURE NONUSE
• Protected Certain Entities from Forfeiture
• Public Water Suppliers
• Hold the water for the reasonable future water
  requirements of the public (40-year plan).
• Diligent progress on an approved change
  application.
• Changed forfeiture jeopardy period from 5 to 7
  years of continuous nonuse
• Clarified the forfeiture procedure
• A water right or a portion of the water right
  may not be forfeited unless a judicial action to
  declare the right forfeited is commenced within
  15 years from the end of the latest period of
  nonuse of at least seven years.
• Changed the requirements for a Nonuse
  Application
• Protects a water right from forfeiture for
  nonuse
• Granted for a period of up to 7 years
• May file a subsequent Nonuse Application
• No proof requirement at end of nonuse
  application period

5

• LIVESTOCK WATERING RIGHTS ON PUBLIC LAND

HB 208 LIVESTOCK WATERING RIGHTS - 2008
HB 256 LIVESTOCK WATERING RIGHTS AMENDMENTS- 2009
Chief Sponsor Representative Michael Noel - Kanab
6

• HB 208 256 LIVESTOCK WATERING RIGHTS
• Defined a Livestock Watering Right as A right
  for livestock to consume wateron public land
• On or after May 12, 2009, a livestock watering
  right may only be acquired by a public land
  agency jointly with a beneficial
• user.
• Beneficial user means the person that has the
  right to use the grazing permit. Beneficial user
  does not mean the public land agency issuing the
  grazing permit.
• Public Land means land owned or managed by the
  United States or the State, except land owned by
  Division of Wildlife, SITLA or Parks
  Recreation.
• The State Engineer may not approve a change
  application for
• a livestock watering right without the consent
  of the beneficial user.

7

• WATER RIGHT APPLICATIONS RECORDS

HB 18 WATER RIGHT APPLICATIONS RECORDS
Chief Sponsor Representative Patrick Painter -
Nephi
8

• HB 18 WR APPLICATIONS RECORDS
• Authorizes, and in some cases requires, the
  extension of time on a water right application
  held by a public water supplier beyond 50 years.
• Authorizes segregation of a water right into two
  or more parts upon written request to the State
  Engineer.
• Authorizes consolidation of two or more water
  rights if the rights
• (a) are from the same source
• (b) have the same priority date and
• (c) are sufficiently consistent in definition
  that the consolidated application or water
  right may be described without referring to
  the characteristics of the individual
  application or water right that existed before
  consolidation.

9

• PRIORITY OF WATER RIGHTS

HB 241 PRIORITY OF WATER RIGHTS
Chief Sponsor Representative Kerry Gibson - Ogden
10

• HB 241 PRIORITY OF WATER RIGHTS
• First in Time, First in Right.
• Section 73-3-1 UCA the one first in time
  shall be first in rights
• 73-3-21.    Priorities between appropriators.
• Appropriators shall have priority among
  themselves according to the dates of their
  respective appropriations, so that each
  appropriator shall be entitled to receive his
  whole supply before any subsequent appropriator
  shall have any right provided, in times of
  scarcity, while priority of appropriation shall
  give the better right as between those using
  water for the same purpose, the use for domestic
  purposes, without unnecessary waste, shall have
  preference over use for all other purposes, and
  use for agricultural purposes shall have
  preference over use for and other purpose except
  domestic use.
• HB 241 repeals
• Section 73-3-21, Priorities between
  appropriators.
• Section 2. Effective date. This bill takes
  effect on May 11, 2010.

11

• APPLICATIONS FOR A SMALL AMOUNT OF WATER

HB 389 APPLICATIONS FOR A SMALL AMOUNT OF WATER
Chief Sponsor Representative Patrick Painter -
Nephi
12

• HB 389 APPS FOR A SMALL AMOUNT OF WATER
• "Small amount of water" means the amount of
  water necessary to meet the requirements of
• (i) one residence
• (ii) 1/4 acre of irrigable land and
• (iii) a livestock watering right for
• ten cattle or the equivalent amount of water
  for livestock other than cattle
• The State Engineer may approve an
  applicationif
• the application complies with the State
  Engineer's regional policies and restrictions
  andthe application does not conflict with a
  political subdivision's ordinance
• (i) for planning, zoning, or subdivision
  regulation

13

• HB 389 APPS FOR A SMALL AMOUNT OF WATER
• Advertising is at the discretion of the State
  Engineer
• The State Engineer shall issue a certificate if
  an applicant files an affidavit (in lieu of an
  engineered proof), on a form provided by the
  State Engineer, as proof.
• The affidavit shall
• (i) specify the amount of
• (A) irrigated land and
• (B) livestock watered and
• (ii) declare the residence is constructed and
  occupied.
• The form provided by the State Engineer may
  require the information the State Engineer
  determines is necessary to maintain accurate
  records regarding the point of diversion and
  place of use (i.e. Certificate of Occupancy
  County Plat Map).

14

• HB 389 APPS FOR A SMALL AMOUNT OF WATER
• An applicant whose application lapses may file a
  request with the State Engineer to reinstate the
  application, if the applicant demonstrates that
  the applicant or the applicant's predecessor in
  interest
• (i) constructed and occupied a residence
  within the time limit for construction and
• (ii) beneficially uses the water
• Should be accomplished with Affidavit of
  Beneficial Use. Certificate issued upon
  verification.

15
Current Regional Issues

• Huntington-Cleveland Sprinkler Irrigation Project

• Millers Flat Dam Repair Project - Huntington

• Green River Diversion Dam Replacement Project

• Sheley Decree WR Title Work - Monticello

• Proposed Uranium Mill in Green River

• Proposed Nuclear Plant in Green River

• Flaming Gorge WR Developments in Green River

• Adjudications Carbon / Emery / Castle Valley

• Active Adjudication Taylor Flat

• Navajo Nation Water Rights Agreement

16

• CURRENT REGIONAL ISSUES
• Irrigation Duty Updates to Grand San Juan Co.
• Willow Basin Formal Policy Adoption
• Upper Mill Creek Formal Policy Adoption
• Arches Natural Bridges Water Right Agreements
• Endangered Fish Policy on the Green River
• Colorado River Policy

17
Thank You Any Questions?

UTAH DIVISION OF WATER RIGHTS http//waterright
s.utah.gov