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

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

3. Proof Form

4. 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

5. 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

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

7. Affidavit Forms

8. 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

9. 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

10. 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

11. 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

12. 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

13. 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

14. “Puzzling” Example WR# 14-45 40 acres “Supplemental WR’s 14-15 and 14-25 cover The remaining 120 acres.”

15. “Puzzling” Example WR# 14-25 40 acres WR# 14-15 80 acres WR# 14-35 20 acres

16. “Puzzling” Example WR# 14-25 40 acres WR# 14-15 80 acres WR# 14-35 20 acres WR# 14-45 40 acres

17. “Puzzling” Example One Possible Solution WR# 14-15 => 80 acres WR# 14-25 => 40 acres WR# 14-35 => 20 acres WR# 14-45 => 20 acres Group Total => 160 acres

18. “Puzzling” Example WR# 14-35 20 acres WR# 14-15 => 80 acres WR# 14-25 => 40 acres WR# 14-45 => 40 acres Group Total => 160 acres Another Possible Solution

19. “Puzzling” Example WR# 14-15 => 80 acres WR# 14-25 => 40 acres WR# 14-35 => 20 acres WR# 14-45 => 40 acres Group Total => 180 acres Another Possible Solution

20. 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