Association of Western State Engineers Spring Workshop John Mann, Assistant State Engineer Utah Division of Water Rights May 12, 2010

Rain Water Use Are Permits Required?

The right to use water Based on beneficial use Limited by flow or volume of water available Has distinct characteristics Are perfected or unperfected Not created equally No de minimis use authorized

Why is it necessary to administer water rights? To promote order and certainty in the beneficial use of the waters of the state.

Issues Greater population Lack of understanding of the science Riparian and property rights vs. appropriation doctrine Politics and money

SB 32 Rainwater Harvesting Modifies and creates Directly capture and store precipitation Up to 2500 Gallon underground container Above ground containers limited to 2 and maximum volume of 100 gallons each Registration only – no water right

Potential Problems Impairment of prior rights? Limit to uses?

Bigger Fish To Fry Title to water rights – appurtenance Water supply issues Changes on existing rights Interstate issues Adjudication Budget

Questions?