Bureau of Land Management John Mann, P. E. Assistant State Engineer November 16-17, 2010 Bureau of Land Management John Mann, P. E. Assistant State Engineer November 16-17, 2010

WATER: PUBLIC PROPERTY PRE-LEGISLATION RIGHTS POST-LEGISLATION RIGHTS STATUTES, RULES AND POLICIES WEBSITE

WATER RIGHTS OVERVIEW During , the State Engineer –Issued Orders On: 1053 Applications to Appropriate 1440 Change Applications 1267 Extension Requests –Held Hearings on 111 applications –Received 823 Proofs –Issued 546 Certificates of Beneficial Use WATER RIGHTS OVERVIEW During , the State Engineer –Issued Orders On: 1053 Applications to Appropriate 1440 Change Applications 1267 Extension Requests –Held Hearings on 111 applications –Received 823 Proofs –Issued 546 Certificates of Beneficial Use

PUBLIC RECORDS SEARCH AND LIST PROGRAMS NOTIFICATION PUBLIC RECORDS SEARCH AND LIST PROGRAMS NOTIFICATION

APPLICATION PROCESS

AVAILABILITY REQUIRED INFORMATION ASSISTANCE AVAILABILITY REQUIRED INFORMATION ASSISTANCE

APPLICATION PROCESS

FILING AN APPLICATION BY MAIL OR VISIT FEE REQUIRED ESTABLISHES INITIAL PRIORITY PLACED ON NEW FILING LIST FILING AN APPLICATION BY MAIL OR VISIT FEE REQUIRED ESTABLISHES INITIAL PRIORITY PLACED ON NEW FILING LIST

NEWSPAPER WITH LOCAL CIRCULATION REGIONAL OFFICE ACTION WAIVING ADVERTISING NEWSPAPER WITH LOCAL CIRCULATION REGIONAL OFFICE ACTION WAIVING ADVERTISING

ADVERTISING PERIOD PERMANENT FILINGS TEMPORARY FILINGS NOTICES DRAFTED BY DIVISION PROOF OF PUBLICATION PERMANENT FILINGS TEMPORARY FILINGS NOTICES DRAFTED BY DIVISION PROOF OF PUBLICATION

PROTESTS FILED BY INTERESTED PARTIES MUST PROVIDE RELEVANT RIGHT NUMBER TIMELINESS PROTESTANT INFORMATION PROTESTS FILED BY INTERESTED PARTIES MUST PROVIDE RELEVANT RIGHT NUMBER TIMELINESS PROTESTANT INFORMATION

Generally Held Locally Usually Informal Proceedings May Be Waived

REGIONAL OFFICE REVIEW EXAMINE ALL AVAILABLE INFORMATION CONSIDER PROTEST CONCERNS RECOMMEND ACTION REGIONAL OFFICE REVIEW EXAMINE ALL AVAILABLE INFORMATION CONSIDER PROTEST CONCERNS RECOMMEND ACTION

APPROVAL REJECTION DEFERRAL APPROVAL REJECTION DEFERRAL RECOMMENDED ACTIONS

APPLICATION PROCESS

APPLICATIONS/RECORDS SECTION REVIEW COMPLETENESS, ACCURACY AND CONSISTENCY LEGAL COUNSEL FINAL DRAFT COMPLETENESS, ACCURACY AND CONSISTENCY LEGAL COUNSEL FINAL DRAFT

REVIEWS FINAL DRAFT SIGNED ORDERS SENT TO ALL PARTIES APPROVALS LISTED ON INTERNET REJECTIONS TERMINATE FILINGS SCANNED DOCUMENTS ON WEBSITE

REQUEST CHANGES TO ORDER PARTIES WITH LEGAL STANDING MUST BE TIMELY IF GRANTED, ORDER IS RESCINDED IF DENIED, ORDER REMAINS IN PLACE

APPEAL TO DISTRICT COURT PARTIES WITH LEGAL STANDING MUST BE TIMELY JUDGE CAN UPHOLD, DENY, OR AMEND THE ORDER UTAH SUPREME COURT

APPLICATION PROCESS

DUE DATE FOR BENEFICIAL USE SIXTY-DAY NOTICE PROOF DOCUMENTS REQUEST FOR MORE TIME TIMELY SUBMISSION OR APPLICATION LAPSES PERMANENT LAPSING DUE DATE FOR BENEFICIAL USE SIXTY-DAY NOTICE PROOF DOCUMENTS REQUEST FOR MORE TIME TIMELY SUBMISSION OR APPLICATION LAPSES PERMANENT LAPSING APPROVED APPLICATION

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 PROFESSIONAL PREPARATION REVIEWED BY REGIONAL OFFICE AMENDMENTS ACCEPTED OR REJECTED FORMS PROFESSIONAL PREPARATION REVIEWED BY REGIONAL OFFICE AMENDMENTS ACCEPTED OR REJECTED PROOF OF BENEFICIAL USE

STATE ENGINEER’S REVIEW AND SIGNATURE ISSUED ON SAME DAY AS SIGNED RECORDING RECONSIDERATION AND APPEAL STATE ENGINEER’S REVIEW AND SIGNATURE ISSUED ON SAME DAY AS SIGNED RECORDING RECONSIDERATION AND APPEAL

CONTINUED USE AS AUTHORIZED AMENDMENTS BY CHANGE APPLICATION PROLONGED NON-USE CONTINUED USE AS AUTHORIZED AMENDMENTS BY CHANGE APPLICATION PROLONGED NON-USE

WATER RIGHT SUGGESTIONS VALUABLE ASSET KEEP GOOD RECORDS MAINTAIN UP-TO-DATE ADDRESSES AND OWNERSHIP VALUABLE ASSET KEEP GOOD RECORDS MAINTAIN UP-TO-DATE ADDRESSES AND OWNERSHIP

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.

WELL INTERFERENCE

Water Balance Recharge –Precipitation –Runoff –Return flow from irrigation Discharge –Evapotranspiration –Underflow –Wells

QUESTIONS?