Utah Division of Water Rights June 21, Boyd Clayton April 25, 2015 Public Water Suppliers

Water Right Acronyms AF – Volume measurement unit of water. One foot deep across one acre of land. (acre-foot) CFS – Measurement unit of flowing water, one cubic foot of water passing a point per second. POD – Point of Diversion SE – State Engineer WR – Water Right PWS – Public Water Supplier

Water Right Terms Lapse – the timed ending of an approved application when the applicant fails to pursue remedies where available. Withdrawal – Action by an applicant to reverse the filing of an application. Abandonment – Intentional relinquishment of a water right. Forfeiture – judicially confirmed loss of a water right for failure to continue use.

State Engineer Decisions Approve – Sanction an action proposed in an application, possibly with certain additional limitations or conditions. Deny/Reject – Stated opposition to an action proposed in an application. Reconsideration – Election to back out of a previous decision and re-examine the issues. Reinstatement – Reverse lapsing of an application on applicant request with a resultant reduction in priority. Stay – Prohibit actions approved in an application while under judicial review.

Public Water Suppliers (PWS) What are They? How do I become one? Why should I care?

What is a Public Water Supplier? Defined in Utah Code (73-1-4(1)(b)) An entity that supplies water, directly or indirectly, to the public for municipal, domestic, or industrial use AND is – Public Entity – Regulated water corporation – Community Water System (100 connections, 200 people) where people served own the system – Water Users Association that sponsors USBR project and at least 70% owned by public entities

How Do I Become One? Act like one – Serve water to the public – Be a public agency or be publically accountable – Report to the Division PWS water use program – Claim entitled provisions in requests/applications There is no application process or official list

Why Should I Care? Applications – File for Municipal use All other uses are covered under municipal use Place of use is service area Area served expands as distribution facilities grow Use limitations based on diversion and depletion Application Extensions -Holding Application is due diligence for 50 years -Extensions beyond 50 years on showing of plan -Not discretionary if works constructed or funds spent

Why Should I Care (Cont) Proof – Capacity of diverting works (measured flow rate) and accounting of other rights diverting from POD – Volume based on actual annual use in excess of other rights and/or contract deliveries. – Service area does not need to be surveyed – Storage of > 1000 acft need not show actual use, just a plan to use the water. ( (4)(b))

PWS Proof Example 2 water rights with right to divert 4 cfs and 5 cfs totaling 6500 af. Well capacities (Well A – 6cfs, Well B – 5 cfs) Water use reporting – 2000 af Proof submitted on change allowing 600 af of additional diversion from wells. What can be certificated? 0 af

Why Should I Care (Cont) PWS Forfeiture Exemption – Rights acquired prior to May 2, 2008 exempt – Rights acquired after need an approved change IF Conserved or held for the reasonable future water requirement of the public as demonstrated by a 40 year plan

40 Year Plans Need to be provided to state engineer for extension requests beyond 50 years. Will become a topic of evidentiary disclosure in a forfeiture judicial proceeding. Content – Reasonably anticipated population growth – Reasonably anticipated future water requirement – Tabulation of perfected water rights and contract sources water quantity. – Gap in requirement evidences need – Surplus evidences unreasonable holding

Questions ?