Filing Proofs or Affidavits

1. Filing Proofs or Affidavits 2010 Utah Water Users Workshop March 16, 2010 Jared Manning Division of Water Rights

2. Topics • Overview of proofs and certificates • Affidavits of Beneficial Use • Municipal Proofs

3. Appropriations Process • Water right owner files an Application with the State Engineer’s Office • Application is approved and a date set for submitting Proof of Beneficial Use • Applicant can file for Extensions if development is not complete • Proof is filed when development is complete and water has been put to beneficial use • Certificate of Beneficial Use is issued to the applicant

4. Purpose of Proofs • To show that water has been developed and placed to a beneficial use: • Describes the works constructed • Describes the beneficial use • To quantify the water right • Distribution purposes • Helps when ownership becomes divided • To establish appurtenance to land

5. Purpose of Certificates • Finalizes the application process • Establishes a public record of a water right and its characteristics • Nature of use • Water source and diversion location • Place of use • Water quantities (flow and/or volume)

6. Affidavit “as Proof” • H.B. 389 – Effective May 12, 2009 • Allows an applicant to submit an affidavit instead of hiring a proof professional • Affidavit must be for “a small amount of water” associated with a residence • Some permanently lapsed applications can be revived

7. Reasons for Affidavits • Provide applicants with an affordable alternative to hiring a proof professional • Provide a way to revive some permanently lapsed small domestic applications • Reduce the workload of Division Staff

8. Small Amount of Water • 1 Residence • A quarter acre or less of irrigation • 10 livestock or less • Affidavits must be associated with a home • Home may be on a separate water right or on a municipal system • No other uses are permitted on an affidavit

9. Affidavit Requirements • Affidavit form signed by all owners • Map of beneficial use • Plat map • Certificate of Occupancy or Tax Notice

10. Affidavit Statistics • 488 Proofs submitted (since May 12, 2009) • 109 Affidavits • 23 Lapsed applications revived • Oldest revived application (so far) lapsed in 1981 • Approximately 40% of those eligible have submitted affidavits

11. Municipal Water Rights • Municipalities typically have several water rights and sources • Municipal water rights have historically been certificated for a flow rate (cfs) only • Current practice is to certificate for a flow rate (cfs) AND VOLUME (ac-ft)

12. Why is Volume (ac-ft) Required on Municipal Proofs? • A flow rate (cfs) by itself doesn’t describe the demand curve of municipal water use • A volume limitation (ac-ft) in addition to a flow rate (cfs) helps provide order and certainty in groundwater management and administration • Salt Lake Valley Groundwater Management Plan • Roosevelt City case

13. Filing Proof on Municipal Rights • Perfected water rights • Identify and quantify (cfs and ac-ft) each perfected water right owned by the municipality • Calculate total quantity (cfs and ac-ft) • Historical water use • Determine maximum annual use (cfs and ac-ft) • Compare perfected water rights to historical water use • If water use < perfected water rights then there is no use that can be proved up on • If water use > perfected water rights then a municipality can prove up on the difference between the two

14. Water Use Vs. Water RightsExample Number 1 cfs

15. A Closer Look at Example #1 • Flow Rate • 2.0 cfs base flow • 12.4 cfs perfected water rights • 12.4 cfs peak flow • Volume • 9,000 ac-ft per year perfected water rights • 2,600 ac-ft per year use • Options: File extension(s)

16. Water Use Vs. Water RightsExample Number 2 cfs

17. A Closer Look at Example #2 • Flow Rate • 0 cfs base flow • 8.0 cfs perfected water rights • 15.0 cfs peak flow • Quantity • 3,000 ac-ft per year use • 5,800 ac-ft per year perfected water rights • 900 ac-ft per year use above perfected rights • Options • Prove up on up to 7 cfs, 900 ac-ft • File extension(s)

18. Water Use Vs. Water RightsExample Number 3 cfs

19. A Closer Look at Example #3 • Flow Rate • 10.0 cfs base flow • 6.0 cfs perfected water rights • 30.0 cfs peak flow • Quantity • 4,300 ac-ft per year perfected water rights • 9,700 ac-ft per year use • 5,400 ac-ft per year use above perfected rights • Options • Prove up on up to 24 cfs, 5,400 ac-ft • Prove up on 4 cfs, 2,900 ac-ft • File extension(s)

20. Extension Requests • The holding of an approved application by a public water supplier constitutes due diligence for up to 50 years after approval • Extensions beyond 50 years shall be granted to public water suppliers if: • Substantial expenditures have been made to construct the works, and • The water will be needed in the next 40 years

21. Some Common Proof Problems • Filing a late or incomplete proof – the application lapses but may be reinstated with a later priority • To be complete a proof must have: • Ownership records current • Signatures of all owners of record • All signatures notarized • Proof professional’s stamp and signature • Proofs on “other” uses (industrial, gravel-washing, commercial, etc.) must have water volume measurements (ac-ft)

22. What’s Next for Proofs? • Update Administrative Mapping Rules • May apply to application maps, title maps, diligence claim maps and proof maps • Address the use of new technology (GPS) • Address appurtenance issues • Continue proof professionals training • Continue to reduce proof backlog (40% reduction in last 1 ½ years)