Water Rights Training for Proof Professionals June 1, 2009 Salt Lake City

Topics Filling out the proof form New statutes Sole supply and supplemental water rights

Proof Form

Fee Increases effective July 1 Most fees will double Protest filings now cost $15 New stream alteration fees –Non-commercial entity: $100 –Government entity: $500 –Commercial entity: $2,000 No fee for filing a proof

H.B. 389 Allows an applicant to submit an affidavit as proof for a small amount of water Allows lapsed applications for a small amount of water, in some cases, to be reinstated “A small amount of water” –One residence –Up to a quarter acre of irrigation –Up to 10 head of livestock

Affidavit of Beneficial Use Signed by the applicant(s) only Four documents needed –Affidavit Form –Map of Beneficial Use –Plat Map –Certificate of Occupancy

Affidavit Forms

Additional Info on H.B. 389 Applies to previously approved applications Applies to applications to appropriate, changes, and exchanges Affidavit must be associated with a residence, but the residence may be supplied by another source Affidavit uses are limited to domestic, irrigation, and stock watering

Showing Beneficial Use Primary purpose of the proof Development must be complete (no planned or future uses) If development is not complete the applicant has the following options –File an extension –Let the application lapse and then re-file –File a partial proof

Dealing with Partial Proofs The portion of the application not proved up on is lost unless a segregation is filed All segregations (whether or not the underlying water right is perfected) now require a $50 fee (effective July 1) Segregations do not have to be approved by Order of the State Engineer

Supplemental Water Rights Definition: Water rights that are used together for a common beneficial use Water rights that irrigate the same land are supplemental by definition Water rights that irrigate adjacent or adjoining pieces of land are not supplemental Supplemental water rights can be separated through the change application process

Sole Supply Definition: A quantification of a water right’s beneficial use if it were to be used separately from supplemental water rights (if any) Sole supply must be defined for a water right before it can be certificated If the sole supply is less than the total acreage, all other acreage must be accounted for

The Whole Puzzle vs. One Piece An application may be just a single piece of a larger puzzle Sometimes proofs do not make sense because they focus on one water right without addressing all water rights involved The proof needs to reflect actual water use practices on the ground to make sense

“Puzzling” Example WR# acres “Supplemental WR’s and cover The remaining 120 acres.”

“Puzzling” Example WR# acres WR# acres WR# acres

“Puzzling” Example WR# acres WR# acres WR# acres WR# acres

“Puzzling” Example One Possible Solution WR# => 80 acres WR# => 40 acres WR# => 20 acres WR# => 20 acres Group Total => 160 acres

“Puzzling” Example WR# acres WR# => 80 acres WR# => 40 acres WR# => 40 acres Group Total => 160 acres Another Possible Solution

“Puzzling” Example WR# => 80 acres WR# => 40 acres WR# => 20 acres WR# => 40 acres Group Total => 180 acres Another Possible Solution

The mission of the Division of Water Rights is to provide order and certainty in the beneficial use of Utah’s water. Proofs helps us accomplish our mission: Proper definition of water rights –Sole Supply –Volume –Flow Supplemental water rights are properly addressed Uses are properly mapped