Central Iron County Water Conservancy District Water Rights Issues Jerry Olds State Engineer October 5, 2006

Origin of the Doctrine of Prior Appropriation

Prior Appropriation Doctrine Main Features Divert water to beneficial use. Priority date. First in time, first in right. Loss of right. Right acquired by application.

Basic Definitions All water in the state is property of the public (73-1-1). Beneficial use shall be the basis, the measure, and the limit of all rights to the use of water in the state (73-1-3).

Division of Water Rights Office of the State Engineer State Engineer Appointed by governor / consent Senate Term of four years Director of Division of Water Rights The state engineer shall be responsible for the general administrative supervision of the waters of the state and the measurement, appropriation, apportionment, and distribution of those waters. (73-2-1) Water rights records & orderly system

Population Growth & Water Current Population 2.5 Million Estimated Population 2020, 3.5 Million 2050, 5.4 Million  Estimated Water Conversion 2020 – 125,000 AF 2050 – 324,000 AF

Population Projections 96% Increase Box Elder, Cache, Davis, Iron, Morgan, Salt Lake, Summit, Tooele, Utah, Wasatch, Washington & Weber Fastest Growing - % Washington, Morgan & Summit

State Engineer’s Water Appropriation Policy

Conversion of Ag Land to Residential  Want the water transferred  Market system

MANAGEMENT OF UTAH’S GROUND-WATER RESOURCES

Ground-Water Recharge, Beryl-Enterprise Area AVERAGE RECHARGE 33,000 Acre-Feet

Average , 83,000 Acre-Feet

Since 1996 the water level has declined feet

Legislative Water Issues Task Force Created during 2004 Session Made up of 5 Senators & 8 Representatives 2004 – Water Rights Enforcement 2005 – Water Reuse, Water Financing, Ground-Water Management WATER COMMUNITY!

HB 228 Ground-Water Management Plan (a) "Critical management area" means a groundwater basin in which the groundwater withdrawals consistently exceed the safe yield. Definitions (1) As used in this section:

HB 228 Ground-Water Management Plan (b) "Safe yield" means the amount of groundwater that can be withdrawn from a groundwater basin over a period of time without exceeding the long-term recharge of the basin or unreasonably affecting the basin's physical and chemical integrity. Definitions (1) As used in this section:

HB 228 Ground-Water Management Plan Regulate Ground Water – Adopt Plan Plan based on the principles of prior appropriation Limit withdrawals - SAFE YIELD In Critical Mgt Area Economic & other impacts Gradual implement safe yield limits Public notice & involvement MAJOR STEP FORWARD

Ground-Water Basins of Concern Beryl-Enterprise (Overdraft) Pahvant Valley (Spring, overdraft) Milford Valley (Overdraft) Cedar City Valley (Slight overdraft) Parowan Valley (Slight overdraft) Curlew Valley (Spring, overdraft & WQ concerns) Salt Lake Valley (Over appropriated “on paper”)

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 (< 5000 AF) 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?

Time limit on construction and application to beneficial use -- Extensions - - Procedures and criteria. (1) As used in this section, "public agency" means: (a) a public water supply agency of the state or a political subdivision of the state or the Bureau of Reclamation. (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. (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.

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?

And Water Is The Resource That Will Shape Our Future! “Water is the brush that has shaped the unique and varied landscape of Utah and influenced the settlement and lifestyle of the people who have inhabited its boundaries”