Upper Colorado River Basin Current Water Rights Issues Division of Water Rights April 2005

Objectives Review Utah’s apportionment & current use Approved yet undeveloped applications Current water management guidelines Unapproved applications Water management issues Future directions

Utah’s Upper Colorado River Basin Division of Water Rights Administrative Areas & Location of Public Meetings April 20 & 21, 2005 Vernal * Price * * Moab Loa *

Utah’s Apportionment (23%) 1,369,000 AF Current Depletion1,007,500 AF Remaining Depletion 361,500 AF Utah’s Upper Colorado River Entitlement & Current Depletions

Estimated Depletion – 2005 Units – 1000 Acre Feet Source: Division of Water Resources Agriculture/stock591.4 Municipal/Domestic 25.3 Power/Industrial 44.6 Exports/Imports206.9 Reservoir Evaporation 19.3 Evaporation CRSP Res TOTAL1007.5

ApplicantQuantity (Ac Ft) San Juan County WCD 30,000 Central Utah WCD 29,500 Board of W R (et al) 158,000 Wayne County WCD 50,000 Kane County WCD 30,000 Sanpete WCD 5,600 Uintah County WCD 5,000 Others 80,000* Ute Tribe ? 105, ,100 TOTAL 493,100 Potential Depletion Approved Applications (Undeveloped)

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

San Juan County Water Conservancy District WR # ,000 AF San Juan River Filed in 1966 Approved 1967 Irrigation Bluff Bench & misc. uses Segregated and developing about 3,500 AF Proof-due date August 31, 2007

Wayne County Water Conservancy District WR # CFS / 50,000 AF Fremont River - Irr, Mun, Storage & Other Filed on Nov 29, 1960 Approved June 20, 1963 Alternatives / Ground Water Proof-due date Jan 31, 2006

Uintah Water Conservancy District WR # , 80 CFS & 25,000 AF Dry Fork Filed Jan 25, 1965 Approved July 11, 1966 Blanchett Park Dam & Reservoir Considering other alternatives

Board of Water Resources WR # (Portion of Flaming Gorge Appl) 158,890 AF Depletion Filed in 1958 Approved 1959 Proof-due date October 31, Segregations filed Other projects

Time limit on construction and application to beneficial use -- Extensions - - Procedures and criteria. (1) As used in this section, "public agency" means a public water supply agency of: (a) the state; or (b) a political subdivision of the state. (2) (a) The construction of the works and the application of water to beneficial use shall be diligently prosecuted to completion within the time fixed by the state engineer.

(b) Extensions of time, not exceeding 50 years from the date of approval of the application, except as provided in Subsection (2)(c), may be granted by the state engineer on proper showing of diligence or reasonable cause for delay. (c) Additional extensions of time, beyond 50 years, may be granted by the state engineer on applications held by any public agency, if the public agency can demonstrate the water will be needed to meet the reasonable future requirements of the public.

(i) (i) If reasonable and due diligence is shown by the applicant, the state engineer shall approve the extension. (ii) The approved extension is effective so long as the applicant continues to exercise reasonable diligence in completing the appropriation. (j) The state engineer shall consider the holding of an approved application by any public agency to meet the reasonable future requirements of the public to be reasonable and due diligence within the meaning of this section for the first 50 years. The state engineer may approve extensions beyond 50 years for a public agency, if the agency provides information sufficient to demonstrate the water will be needed to meet the reasonable future requirements of the public.

Current Water Management Guidelines March 1990 With continued emphasis on development of water within the Colorado River Basin and in an effort to better define and utilize Utah’s allocated portion of the river flow, as set forth in the Upper Colorado River Compact, the following policy is established for the Upper Colorado River Drainage:

1. Application to Appropriate Water Limited to - 1 family 1 acre irrigation & 10 head stock 5 years to develop Extension – reasonable cause of delay

2. Moderate Flow Applications Up to 0.25 cfs Consider in priority order within each subdrainage area 5 years to develop Extensions - substantial evidence of reasonable cause for delay

3. Large Applications Over 0.25 cfs Priority basis within Utah’s apportionment under the Upper Colorado River Compact Non-priority order for fixed time or temporary approval Potential depletion of each application must be defined

Current Water Appropriation Guidelines (cont’d) 4) Change Applications will be considered on their individual merits. Changes involving amounts greater than 0.25 cfs flow will require that the depletion be defined. 5) Change/Exchange Applications will be required for water development in the fully appropriated drainages. 6) Non-consumptive applications may be considered in a non-priority order based on their individual merits and water availability. This pertains to all areas of the Upper Colorado River Drainage Area in Utah.

Unapproved Application to Appropriate Water Recent actions Letter to determine interest ~ % Responded ¾ still interested ¼ not interested Other 45% - applicant / address

Our account on the Colorado River is overdrawn on paper! However, we have 360,000 AF unused. * Checking Account Analogy * Will the checks ever be cashed? How long do you allow checks to be outstanding? Do we need to re-evaluate how we administer our account? Can we take action that will allow us to realize full benefit from our assets?

Summary Upper Colorado River Basin is over appropriated ! Administering approved yet undeveloped applications after 50 years Does current policy need to be updated? Where do we go from here? Comment period – 30/60 days Internet: waterrights.utah.gov

Our problems cannot be solved with the same level of thinking that created them. Albert Einstein

Current Water Appropriation Guidelines (cont’d) 1) Applications to Appropriate water from either surface or underground will be limited to one family, up to one (1) acre of irrigation, and 10 equivalent livestock units or an appropriate acre- foot limitation based on these parameters and water availability. Such applications for surface and underground water will be given five years from the approval date to place the water to beneficial use. Unusual conditions must exist to grant an extension of time. Applications for limited amounts of water in isolated headwater areas will be considered on their individual merits depending on the availability of water.

Current Water Appropriation Guidelines (cont’d) 2) Moderate flow (up to 0.25 cfs), surface and underground, applications will be considered in priority order within each subdrainage area. Approvals granted in perpetuity will be given five years from the approval date to show diligence. Minimum progress must be evidenced by physical development, i.e. construction of a diversion structure, the construction of a well, or substantial evidence of reasonable cause for delay.

Current Water Appropriation Guidelines (cont’d) 3) Larger surface and underground applications (over 0.25 cfs) may be considered for perpetual approval on a priority basis depending on the availability of water in the local area and within Utah’s apportionment under the Upper Colorado River Compact. Such applications may also be considered on a non-priority order for fixed time or temporary approval, depending on the availability of water. Fixed time approvals may be extended beyond the initial approval period as provided by statute. For those applications granted in perpetuity, the potential depletion of each application must be defined.