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

1. Water Rights Training forProof 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# 14-15 80 acres WR# 14-35 20 acres WR# 14-25 40 acres

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

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

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