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WATER RIGHT CURRENTS

Utah Division of Water Rights. WATER RIGHT CURRENTS. September 2009. 2008-2009 CHANGES. New State Engineer: KENT L. JONES, P.E. Changes in Water Right Law 7 Significant Bills Passed in 2008 HB 51 – Forfeiture & Nonuse HB 208 – Livestock Watering Rights on Public Land

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WATER RIGHT CURRENTS

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  1. Utah Division of Water Rights WATER RIGHT CURRENTS September 2009

  2. 2008-2009 CHANGES • New State Engineer: KENT L. JONES, P.E. • Changes in Water Right Law • 7 Significant Bills Passed in 2008 • HB 51 – Forfeiture & Nonuse • HB 208 – Livestock Watering Rights on Public Land • 7 Significant Bills Passed in 2009 • HB 18 – WR Applications & Records • HB 241 – Priority of Water Rights • HB 256 – Livestock Watering Right Amendments • HB 389 – Applications for a Small Amount of Water

  3. CHANGES IN WATER RIGHT LAW HB 51 WATER RIGHT AMENDMENTS Chief Sponsor: Representative Patrick Painter - Nephi

  4. HB 51: FOREITURE & NONUSE • Protected Certain Entities from Forfeiture • Public Water Suppliers: • Hold the water for the reasonable future water requirements of the public (40-year plan). • Diligent progress on an approved change application. • Changed forfeiture jeopardy period from 5 to 7 years of continuous nonuse • Clarified the forfeiture procedure: A water right or a portion of the water right may not be forfeited unless a judicial action to declare the right forfeited is commenced within 15 years from the end of the latest period of nonuse of at least seven years. • Changed the requirements for a Nonuse Application • Protects a water right from forfeiture for nonuse • Granted for a period of up to 7 years • May file a subsequent Nonuse Application • No proof requirement at end of nonuse application period

  5. HB 208 LIVESTOCK WATERING RIGHTS - 2008 HB 256 LIVESTOCK WATERING RIGHTS AMENDMENTS- 2009 LIVESTOCK WATERING RIGHTS ON PUBLIC LAND Chief Sponsor: Representative Michael Noel - Kanab

  6. HB 208 & 256: LIVESTOCK WATERING RIGHTS • Defined a “Livestock Watering Right” as: A right for livestock to consume water…on public land… • On or after May 12, 2009, a livestock watering right may only be acquired by a public land agency jointly with a beneficial user. • “Beneficial user” means the person that has the right to use the grazing permit. Beneficial user does not mean the public land agency issuing the grazing permit. • “Public Land” means land owned or managed by the United States or the State, except land owned by Division of Wildlife, SITLA or Parks & Recreation. • The State Engineer may not approve a change application for a livestock watering right without the consent of the beneficial user.

  7. HB 18 WATER RIGHT APPLICATIONS & RECORDS Chief Sponsor: Representative Patrick Painter - Nephi WATER RIGHT APPLICATIONS & RECORDS

  8. HB 18: WR APPLICATIONS & RECORDS • Authorizes, and in some cases requires, the extension of time on a water right application held by a public water supplier beyond 50 years. • Authorizes segregation of a water right into two or more parts upon written request to the State Engineer. • Authorizes consolidation of two or more water rights if the rights: (a) are from the same source; (b) have the same priority date; and (c) are sufficiently consistent in definition that the consolidated application or water right may be described without referring to the characteristics of the individual application or water right that existed before consolidation.

  9. HB 241 PRIORITY OF WATER RIGHTS Chief Sponsor: Representative Kerry Gibson - Ogden PRIORITY OF WATER RIGHTS

  10. HB 241: PRIORITY OF WATER RIGHTS • First in Time, First in Right. Section 73-3-1 UCA: “the one first in time shall be first in rights” • 73-3-21.    Priorities between appropriators. Appropriators shall have priority among themselves according to the dates of their respective appropriations, so that each appropriator shall be entitled to receive his whole supply before any subsequent appropriator shall have any right; provided, in times of scarcity, while priority of appropriation shall give the better right as between those using water for the same purpose, the use for domestic purposes, without unnecessary waste, shall have preference over use for all other purposes, and use for agricultural purposes shall have preference over use for and other purpose except domestic use. • HB 241 repeals: Section 73-3-21, Priorities between appropriators. Section 2. Effective date. This bill takes effect on May 11, 2010.

  11. HB 389 APPLICATIONS FOR A SMALL AMOUNT OF WATER APPLICATIONS FOR A SMALL AMOUNT OF WATER Chief Sponsor: Representative Patrick Painter - Nephi

  12. HB 389: APPS FOR A SMALL AMOUNT OF WATER • "Small amount of water" means the amount of water necessary to meet the requirements of: (i) one residence; (ii) 1/4 acre of irrigable land; and (iii) a livestock watering right for: ten cattle; or the equivalent amount of water… for livestock other than cattle • The State Engineer may approve an application…if: …the application complies with the State Engineer's regional policies and restrictions and…the application does not conflict with a political subdivision's ordinance: (i) for planning, zoning, or subdivision regulation

  13. HB 389: APPS FOR A SMALL AMOUNT OF WATER • Advertising is at the discretion of the State Engineer • The State Engineer shall issue a certificate if an applicant files an affidavit (in lieu of an engineered proof), on a form provided by the State Engineer, as proof. The affidavit shall: (i) specify the amount of: (A) irrigated land; and (B) livestock watered; and (ii) declare the residence is constructed and occupied. • The form provided by the State Engineer may require the information the State Engineer determines is necessary to maintain accurate records regarding the point of diversion and place of use (i.e. Certificate of Occupancy & County Plat Map).

  14. HB 389: APPS FOR A SMALL AMOUNT OF WATER • An applicant whose application lapses may file a request with the State Engineer to reinstate the application, if the applicant demonstrates that the applicant or the applicant's predecessor in interest: (i) constructed and occupied a residence within the time limit for construction; and (ii) beneficially uses the water • Should be accomplished with Affidavit of Beneficial Use. Certificate issued upon verification.

  15. Current Regional Issues • Huntington-Cleveland Sprinkler Irrigation Project • Millers Flat Dam Repair Project - Huntington • Green River Diversion Dam Replacement Project • Sheley Decree WR Title Work - Monticello • Proposed Uranium Mill in Green River • Proposed Nuclear Plant in Green River • “Flaming Gorge” WR Developments in Green River • Adjudications: Carbon / Emery / Castle Valley • Active Adjudication: Taylor Flat • Navajo Nation Water Rights Agreement

  16. CURRENT REGIONAL ISSUES • Irrigation Duty Updates to Grand & San Juan Co. • Willow Basin Formal Policy Adoption • Upper Mill Creek Formal Policy Adoption • Arches & Natural Bridges Water Right Agreements • Endangered Fish Policy on the Green River • Colorado River Policy

  17. Thank You… Any Questions? UTAH DIVISION OF WATER RIGHTS http://waterrights.utah.gov

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