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Association of Western State Engineers Spring Workshop

Association of Western State Engineers Spring Workshop. John Mann, Assistant State Engineer Utah Division of Water Rights May 12, 2010. Rain Water Use . Are Permits Required?. The right to use water. Based on beneficial use Limited by flow or volume of water available

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Association of Western State Engineers Spring Workshop

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  1. Association of Western State EngineersSpring Workshop John Mann, Assistant State Engineer Utah Division of Water Rights May 12, 2010

  2. Rain Water Use Are Permits Required?

  3. The right to use water • Based on beneficial use • Limited by flow or volume of water available • Has distinct characteristics • Are perfected or unperfected • Not created equally • No de minimis use authorized

  4. Why is it necessary to administer water rights? To promote order and certainty in the beneficial use of the waters of the state.

  5. Issues • Greater population • Lack of understanding of the science • Riparian and property rights vs. appropriation doctrine • Politics and money

  6. SB 32 Rainwater Harvesting • Modifies 73-3-1 and creates 73-3-1.5 • Directly capture and store precipitation • Up to 2500 Gallon underground container • Above ground containers limited to 2 and maximum volume of 100 gallons each • Registration only – no water right

  7. Potential Problems • Impairment of prior rights? • Limit to uses?

  8. Bigger Fish To Fry • Title to water rights – appurtenance • Water supply issues • Changes on existing rights • Interstate issues • Adjudication • Budget

  9. Questions? johnmann@utah.gov http://www.waterrights.utah.gov 801 538-7405

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