WATER RIGHTS 101: OVERVIEW OF UTAH WATER LAW

1. WATER RIGHTS 101: OVERVIEW OF UTAH WATER LAW Legislative Water Task Force June 15, 2004

2. OBJECTIVES • ORIGIN OF UTAH WATER LAW • BASIC CONCEPTS • PROCESS AS IT EXISTS TODAY • CASE STUDIES

3. Origin of the Doctrine of Prior Appropriation

4. Prior Appropriation DoctrineMain Features • Divert water to beneficial use. • Priority date. • First in time, first in right. • Loss of right.

5. Basic Definitions • All water in the state is property of the public (73-1-1). • Beneficial use shall be the basis, the measure, and the limit of all rights to the use of water in the state (73-1-3).

6. Major Elements of a Water Right • Priority date. • Quantity of water. • Flow rate. • Volume. • Source of supply. • Point(s) of diversion. • Uses. • Irrigation, domestic, stock water, mining, municipal, etc. • Period of use. • Place of use.

7. Establishing a Water Right • Diligence Claim. • Surface water uses prior to 1903. • Underground Water Claim. • Ground-water uses prior to 1935. • Court Decreed. • Applications filed with State Engineer.

8. Mutual Irrigation Companies • Water Right held by Company • Individuals own shares of stock • Water Distributed – Hours, Acres or Quantity • Shareholders have certain rights / obligations • 73-3-3.5, Change Application by shareholder

9. Filing a Water Right Application • File application in proper form. • Advertise for 2 consecutive weeks in local newspaper. • 20 day protest period. • Protested? • Hearing. • Approval or rejection. • If approved, proof due date given, proof of beneficial use, certificate. • Judicial Review.

10. Approval Criteria (73-3-8) • Unappropriated water in source. • Will not impair existing rights. • Physically and economically feasible. • Not monopolistic / speculation. • In the public interest / welfare. • Won’t effect the natural stream environment or public recreation.

11. Water Appropriation Policy

12. Change ApplicationsSec. 73-3-3 UCA • Owner may change: • Point of diversion. • Place of use. • Nature of use. • Period of use. • Pertinent facts: • Can’t impair existing rights • Can’t enlarge the underlying water right

13. Example # 1Distribution of Water By Priority • 45 Distribution Systems 41 River System 4 Ground-Water Basins • Water (River) Commissioner • Times of shortage – cut by priority date • Cost paid by water users • Annual report prepared and submitted

15. Example # 2Beneficial Use

16. Evaluation of a Water Right • Major Elements Flow: 2.50 CFS Source: Spring Creek Use: Irrigation of 100 acres Period of Use: April 1 – Oct 31 • What is the beneficial use? • What are the diversion and depletion limitations?

17. Irrigation Diversion Requirementfor Alfalfa at Logan, Utah • Crop Consumptive Use (Alfalfa) = 31.35” • Effective Precipitation = 7.73” • Net Irrigation Requirement = 23.62” • Irrigation Practices / Efficiency Flood 50% • Irrigation Diversion Requirement = 47.24” Use 48” or 4.0 AF/A

18. Irrigation Return Flow Diversion = 4.0 Ac Ft/Ac ET = 2.0 Ac Ft/Ac Return Flow = 2.0 Ac Ft/Ac

19. Changing an Irrigation Water Right to Industrial Uses • Water right is for 100 acre of irrigation • 100 ac x 4.0 ac ft /ac = 400 ac ft • Historical Depletion = 200 ac ft • Industrial use is 100% consumptive Therefore, diversion & depletion limited to 200 ac ft.

20. Federal Reserved Water Rights • Indian Reservations, National Forest, National Parks and other lands • 1908 Winters decision • 1963 Arizona v. California • Quantification – primary purposes of the reservation • Priority Date – date of reservation

21. The State Engineer has - “general administrative supervision of the waters of the state, and of the measurement, appropriation, apportionment and distribution thereof.” (Section 73-2-1) State Engineer meets with a water user STATE ENGINEER

22. Thank You Questions?