If my body were a car, this is the time I would be thinking about trading it in for a newer model. I've got bumps and dents and scratches in my finish and my paint job is getting a little dull... But that's not the worst of it. My headlights are out of focus, and it's especially hard to see things up close. My traction is not as graceful as it once was. I slip and slide and skid and bump into things even in the best of weather. My whitewalls are stained with varicose veins. It takes me hours to reach my maximum speed. My fuel rate burns inefficiently. But here's the worst of it. Almost every time I sneeze, cough or sputter, Either My Radiator Leaks or My Exhaust Backfires!

Rural Water Association WATER RIGHT TRAINING John Mann, P.E. Assistant State Engineer Utah Division of Water Rights April 27-28, 2015

Monday Water Right Basics and Applications Adjudication Distribution Well Drilling Public Water Supplier Reporting Public Water Supplier Issues Tuesday Water Use Groups and Supplemental Rights Website Overview Overview, Questions, Wrap Up Content of RWA Training

Basics Acre-foot is a measure of volume. It is 1 foot in depth of water on 1 acre of land. CFS is a measure of flow. It is 1 cubic foot of water moving at 1 foot per second. Duty is an estimate of the amount of water reasonably required for specific purposes such as irrigation or domestic use. State Engineer is the individual who is responsible for administering water rights. He is the director of the Utah Division of Water Rights (sometimes also referred to as the State Engineer’s Office) and is appointed by the Governor for a four year term. Aquifer is a below ground geologic structure containing water. All water, whether above ground (in streams and springs) or below ground in aquifers, originates as precipitation. Water Rights web site

Great Salt Lake water levels through 2008

19 th Century Pioneers

Why mention Mormon pioneers in a water right presentation? 1) They began using water upon arrival. Water for irrigation of crops and consumption were diverted. Precipitation alone would not be adequate. 2) There was no government or laws. They had to make decisions to fit their environment and, as equitably as possible, create a system to supply water to users. 3) It was evident that the west was a desert. From their decisions, the Prior Appropriation Doctrine evolved and replaced Riparian water law.

Two significant dates for Utah water rights: 1903 – Legislature passed water laws that required new uses of water to be obtained by filing an application to appropriate with the state engineer. However, it was unclear if the law applied only to surface water and in some instances water was considered to belong to property owners. Surface water uses in place prior to 1903 were recognized as valid and are referred to as diligence claims – The 1903 law was amended to include all waters of the state as subject to appropriation statutes. Rights from wells were also recognized as valid and were referred to as Underground Water Claims – sort of a sister to diligence claims. Rights to use water are not obtained simply because water exists upon or beneath property or passes over it. Such rights would be riparian and are not recognized in Utah law.

Water right issues … Are they: Local, Statewide, National?

What is the legal framework for Utah water right law? Title 73 Utah Code

Article XI, Section 6. No municipal corporation, shall directly or indirectly, lease, sell, alien or dispose of any waterworks, water rights, or sources of water supply now, or hereafter to be owned or controlled by it; but all such waterworks, water rights and sources of water supply now owned or hereafter to be acquired by any municipal corporation, shall be preserved, maintained and operated by it for supplying its inhabitants with water at reasonable charges: Provided, That nothing herein contained shall be construed to prevent any such municipal corporation from exchanging water-rights, or sources of water supply, for other water-rights or sources of water supply of equal value, and to be devoted in like manner to the public supply of its inhabitants.

When buying water rights, make certain that you are bargaining for a suitable right. Beneficial Use is the measure and limit of all water rights. UCA All water rights have: a point of diversion, a source of supply, use(s) of water, diversion and depletion, a priority, and an owner(s).

Beneficial Use - the measure and limit of all water rights. Point of Diversion and Source: Surface? Single location or point to point? Spring? Is there a box or specific location? Drain? How is it defined? Well? Is the source constant or ephemeral? Uses of Water: Is the beneficial use year round or part year? Is the water right a sole supply or supplemental right? Has the water been consistently used? Diversion and depletion of water?

Beneficial Use is the measure and limit of all water rights. Priority: Surface rights are frequently regulated by priority. Generally, the priority of a right is the date of filing of the application for an unperfected application or a certificated filing. The priority of a perfected right is the date of first use for a diligence claim, the date shown in a decree, or the date shown on the certificate of appropriation. Ownership: If you are purchasing a water right, make certain that the person selling it actually owns what is being sold. Do not rely solely on the Division’s records for this. Trust deeds on real estate can affect title to water rights.

How are Water Quantities Measured? UCA Flow is measured in cfs. Volume is measured in acre-feet. How does this come into play in water rights? Why is it important to consider both flow and volume? What if the right is for an ephemeral stream?

DUTIES OF WATER Domestic use 0.45 acre-foot per residence 0.25 acre-foot if part time (cabin) Stockwatering acre-foot per elu Irrigation Ranges from 3 – 6 acre-feet per acre Policies of the DivisionPolicies of the Division currently in place including duties

Diversion and Depletion Diversion is the amount of water that can be taken from a source and applied to beneficial use. It can be limited by either the flow (by cfs) or volume (acre-feet). The diversion of water and the beneficial use are limited by the water right. When a diversion amount is determined for change applications, they are usually based on a duty for the use(s). Depletion is the amount of water consumed in the process of beneficially using the water. It is considered lost to the system. The difference between the diversion and depletion is returned to the system and should be available to other users.

Depletion Values Domestic 20% = 0.09 ac-ft Stockwatering 100% = ac-ft Irrigation is variable. Approximately 50%.

Tooele Valley graph of depth to groundwater vs time

Beryl – Enterprise graph of depth to groundwater vs time

Well interference If the cones of depression for two or more wells overlap, there is said to be well interference. This interference reduces the water available to each of the wells.

Rhetorical Question: Based on the previous 3 slides, what is impairment? Who determines if a right is impaired?

* PERMANENT FILINGS * TEMPORARY APPS AND SMALL DOMESTIC APPLICATIONS * NOTICES DRAFTED BY DIVISION * PROOF OF PUBLICATION * SEE DIVISION WEBSITE FOR A LIST OF NEW FILINGS * PERMANENT FILINGS * TEMPORARY APPS AND SMALL DOMESTIC APPLICATIONS * NOTICES DRAFTED BY DIVISION * PROOF OF PUBLICATION * SEE DIVISION WEBSITE FOR A LIST OF NEW FILINGS Lists

PROTESTS * MUST PROVIDE RELEVANT RIGHT NUMBER * TIMELY AND INCLUDE THE FILING FEE ($15) * CONTACT INFORMATION * BECOME A PARTY TO THE PROCEEDING * One protest per party PROTESTS * MUST PROVIDE RELEVANT RIGHT NUMBER * TIMELY AND INCLUDE THE FILING FEE ($15) * CONTACT INFORMATION * BECOME A PARTY TO THE PROCEEDING * One protest per party

Administrative hearing may be held. Approved or Rejected pursuant to UCA. Parties can request reconsideration or seek de novo review of the decision in court. If approved, a deadline is set for the applicant to use the water and submit Proof. The document used for action on applications is an Order of the State Engineer.

* FORMS AND FEES * ADVERTISING AFTER FOURTEEN YEARS * REVIEW AND RECOMMENDATION * GRANTED OR DENIED * RECONSIDERATION AND/OR APPEAL * FORMS AND FEES * ADVERTISING AFTER FOURTEEN YEARS * REVIEW AND RECOMMENDATION * GRANTED OR DENIED * RECONSIDERATION AND/OR APPEAL

* Forms provided by the Division * Prepared by an engineer or surveyor * Reviewed by staff * May be accepted or rejected * Forms provided by the Division * Prepared by an engineer or surveyor * Reviewed by staff * May be accepted or rejected

Affidavit of Beneficial Use * Must include one domestic use. * Is limited to irrigation of 0.25 acre and watering 10 equivalent livestock. * Homeowner can prepare it. No engineer or surveyor required. Affidavit can be used to reinstate a lapsed domestic application. See website for more info.

* Reflects information on the Proof * State engineer signs it and issues it on the date signed * This document “perfects” the application. * Reconsideration and/or appeal * Reflects information on the Proof * State engineer signs it and issues it on the date signed * This document “perfects” the application. * Reconsideration and/or appeal

After I complete the administrative process and receive a Certificate what should I do? Keep it with tax returns? What if it is lost? Review it carefully. What if I find an error? Record it with the County Recorder?

Utah Code Title 73 Water and Irrigation (1)(b) Public Water Supplier: supplies water to the public for municipal, domestic or industrial use. May be a public entity, water corporation, a community water system or a water users association. (2)(a) When a water user ceases to use all or a portion of a water right for a period of seven (7) years the portion not used is subject to forfeiture. Section

Forfeiture The State Engineer does not declare water rights forfeited. Forfeiture is an adjudicative process in which an action is brought by a party (usually a water user) in District Court and the judge decides if a right has been forfeited due to nonuse. The State Engineer can bring such an action but has never done so. During adjudications, rights can be recommended to the court to be disallowed. After a decree is issued, the net effect will be the same – the right will be invalid.

Share vs Water Right Share is a share of stock usually in an irrigation company. It represents the right of the shareholder to be delivered water on a proportionate basis by the company. Water right is a property right created within Title 73 of the Utah Code. The irrigation company owns water rights which are the basis for its diversion and delivery of water to the shareholders.

Humorous Anecdotes?