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Utah Water Rights: Challenges and Solutions

Stay abreast of Utah Division of Water Rights current issues affecting rural water users. Explore State Engineer duties, water right administration, adjudication, and changing water rights regulations. Learn about appropriation policies, nonuse/forfeiture rules, and tricky water rights issues such as municipal water rights and adjudication processes. Understand the importance of accurate water measurement and groundwater management practices. Stay informed about Utah/Nevada water rights negotiations and the evolving regulatory landscape. Find answers to your water rights questions here!

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Utah Water Rights: Challenges and Solutions

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  1. Utah Division of Water Rights Current Water Right Issues Rural Water Users Association August 24, 2007 June 21, 2004

  2. STATE ENGINEER DUTIES • Water Right Administration • Applications • Distribution • Court Proposals (General Adjudication) • Enforcement • Records • Water Well Drillers • Stream Environment • Dam/Water Structure Safety

  3. Utah Law Basic Concepts • Water property of the public • Water right obtained through application • Beneficial use is the basis, the measure, and limit of all rights. • Failure to use / loss of right • First in time, first in right

  4. Establishing a Water Right • Diligence Claim • Surface water uses prior to 1903 • Ground-water uses prior to 1935 • Court Decree • Applications filed with State Engineer • Federal Reservations

  5. Application Process • File application in proper form • Advertise for 2 consecutive weeks • 20 day protest period • Protested? • Hearing • Approval or rejection • Reconsideration/Judicial Review • Develop, proof of beneficial use • Certificate

  6. Water AppropriationPolicy

  7. Approval Criteria • Unappropriated water in source. • Will not impair existing rights. • Physically and economically feasible. • Not monopolistic / speculation. • In the public interest / welfare.

  8. Changing a Water Right • Point of diversion. • Place of use. • Nature of use. • Period of use. • Pertinent issues: • Same approval criteria as appropriations • No enlargement (give to get) • Must be entitled to use of water

  9. Nonuse/Forfeiture • Pressure to beneficially use water or allow right to revert to the public for other use • 5 years triggers, 15 years erases • Judicial action to finalize • Nonuse application exempts • Date water was last used • Must be extended or placed back to use*** • Poor policing fuels speculation/uncertainty • Ignoring promotes monopoly

  10. Tricky Issues • All water rights may not be of record • Ownership/appurtenance/recording • Head in underground water is not a right • Nonuse/Forfeiture • Evaluation of equivalent use • Change still looks at sources • Surface to underground changes

  11. Municipal Water Rights • Operate the same as other water rights • Who is a public water supplier? • What is the beneficial use? • What is the place of use? • Can it expand over time? • How much is enough? • Holding applications for future use is due diligence • Nonuse applications for future use allowed • Additional legislation being considered

  12. Title Update (ROC) • Workload increasing (20% - 30% per year) • Goal to improve processing time • Additional positions tied to processing fee • Application form possibilities simplified • One right per ROC • Grantor to grantee order • Online assisted form • Online status database • Mandatory administrative process

  13. Processing Applications • Changes increasing (more complex) • Prioritizing complexity for timely processing • Agency has a history of assistance • Need to focus on decision making • Applicant responsibility must increase • Providing tools to help

  14. Proof / Certificates • Significant backlog due in part to quality • Proofs must be complete when submitted • Must address approved application • Clearly identify beneficial use • Don’t be obscure • Certificates are a partnership with SE • Fraudulent proofs may be pursued

  15. Adjudication • Deliberate legal process defined in statute • Notice • Inventory of all uses, SE records • Water user claims • Proposed determination published • Objections • Court resolution to final decree • Using dedicated team to improve performance/quality • Process Improvements • “Accomplished” changes not recognized • Title updates by ROC • Quantify, quantify, quantify • Immediately identify disallowed claims

  16. Water Measurement • Timely shared information is the best tool to resolve disputes • All users have responsibility to provide measuring and control devices • Partnerships are being used to automate reporting, and they work • Diversion records define use

  17. Groundwater Management • Basins managed on safe yield (sustainable) • Statute charges SE to address overdrafts • Tools are priority or voluntary arrangements • Financial impact inevitable • Plans are created in public

  18. Utah/Nevada Water Right Negotiations

  19. Utah/Nevada (Continued) • Define the safe yield • Define existing water rights • Allocate remaining water between the states • Allow each state to manage their water

  20. Questions?

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