Utah Division of Water Rights

1. Utah Division of Water Rights Public Water Suppliers http://waterrights.utah.gov Boyd Clayton April 25, 2015 June 21, 2004

2. Water Right Acronyms • AF – Volume measurement unit of water. One foot deep across one acre of land. (acre-foot) • CFS – Measurement unit of flowing water, one cubic foot of water passing a point per second. • POD – Point of Diversion • SE – State Engineer • WR – Water Right • PWS – Public Water Supplier

3. Water Right Terms • Lapse – the timed ending of an approved application when the applicant fails to pursue remedies where available. • Withdrawal – Action by an applicant to reverse the filing of an application. • Abandonment – Intentional relinquishment of a water right. • Forfeiture – judicially confirmed loss of a water right for failure to continue use.

4. State Engineer Decisions • Approve – Sanction an action proposed in an application, possibly with certain additional limitations or conditions. • Deny/Reject – Stated opposition to an action proposed in an application. • Reconsideration – Election to back out of a previous decision and re-examine the issues. • Reinstatement – Reverse lapsing of an application on applicant request with a resultant reduction in priority. • Stay – Prohibit actions approved in an application while under judicial review.

5. Public Water Suppliers (PWS) • What are They? • How do I become one? • Why should I care?

6. What is a Public Water Supplier? • Defined in Utah Code (73-1-4(1)(b)) • An entity that supplies water, directly or indirectly, to the public for municipal, domestic, or industrial use AND is • Public Entity • Regulated water corporation • Community Water System (100 connections, 200 people) where people served own the system • Water Users Association that sponsors USBR project and at least 70% owned by public entities

7. How Do I Become One? • Act like one • Serve water to the public • Be a public agency or be publically accountable • Report to the Division PWS water use program • Claim entitled provisions in requests/applications • There is no application process or official list

8. Why Should I Care? • Applications • File for Municipal use • All other uses are covered under municipal use • Place of use is service area • Area served expands as distribution facilities grow • Use limitations based on diversion and depletion • Application Extensions • Holding Application is due diligence for 50 years • Extensions beyond 50 years on showing of plan • Not discretionary if works constructed or funds spent

9. Why Should I Care (Cont) • Proof • Capacity of diverting works (measured flow rate) and accounting of other rights diverting from POD • Volume based on actual annual use in excess of other rights and/or contract deliveries. • Service area does not need to be surveyed • Storage of > 1000 acft need not show actual use, just a plan to use the water. (73-3-16(4)(b))

10. PWS Proof Example • 2 water rights with right to divert 4 cfs and 5 cfs totaling 6500 af. • Well capacities (Well A – 6cfs, Well B – 5 cfs) • Water use reporting – 2000 af • Proof submitted on change allowing 600 af of additional diversion from wells. • What can be certificated? 0 af

11. Why Should I Care (Cont) • PWS Forfeiture Exemption • Rights acquired prior to May 2, 2008 exempt • Rights acquired after need an approved change IF Conserved or held for the reasonable future water requirement of the public as demonstrated by a 40 year plan

12. 40 Year Plans • Need to be provided to state engineer for extension requests beyond 50 years. • Will become a topic of evidentiary disclosure in a forfeiture judicial proceeding. • Content • Reasonably anticipated population growth • Reasonably anticipated future water requirement • Tabulation of perfected water rights and contract sources water quantity. • Gap in requirement evidences need • Surplus evidences unreasonable holding

13. Questions ?