distribution of water rights jared manning, p.e. utah division of water rights march 17, 2014

Distribution of Water RightsDistribution of Water Rights

Jared Manning, P.E.Utah Division of Water Rights

March 17, 2014

TopicsTopics

Distribution Agreements Resolving Distribution Disputes Understanding Exchanges Priority of Change Applications

Distribution AgreementsDistribution Agreements

Contracts Informal agreements between parties Operational procedures developed by the

commissioner or state engineer

Resolving Distribution DisputesResolving Distribution Disputes

Public Process involving affected parties Generally operate under the status quo until the

issue is resolved Resolution: State Engineer issues instructions to

the commissioner

Understanding ExchangesUnderstanding Exchanges An exchange is a way of providing just compensation

(in the form of replacement water) for “impairment” Distributing an exchange

1) Distribute the water “on paper” as if there was no exchange2) Distribute the wet water without interfering with “paper”

entitlements3) Employ Mass-Balance Equation to ensure proper

accounting: Natural Flow = Outflow + Storage

Zen RiverZen River

Priority: 1880Flow: 30 cfs


Priority: 1932Flow: 5,000 ac-ft

Zen River: June 1 (Pre-1932)Zen River: June 1 (Pre-1932)



200 cfs

50 cfs

30 cfs

120 cfs

Zen River: June 1 (Post-1932)Zen River: June 1 (Post-1932)




200 cfs

50 cfs

30 cfs

170 cfs

50 cfs

+120 cfs

0 cfs

Zen River: July 1 (Pre-1932)Zen River: July 1 (Pre-1932)



60 cfs

50 cfs

10 cfs

0 cfs

Zen River: July 1 (Post-1932)Zen River: July 1 (Post-1932)




60 cfs

50 cfs

-20 cfs

30 cfs

50 cfs

10 cfs

0 cfs

20 cfs (exchange)

30 cfs (total)

Zen River: Aug 1 (Pre-1932)Zen River: Aug 1 (Pre-1932)



40 cfs

40 cfs

0 cfs

0 cfs

Zen River: Aug 1 (Post-1932)Zen River: Aug 1 (Post-1932)




40 cfs

-30 cfs

40 cfs0 cfs

0 cfs

10 cfs

40 cfs30 cfs (exchange)

30 cfs (total)

Change Applications in Water Distribution: Relevant Dates

Change Applications in Water Distribution: Relevant Dates

1909 – Change Applications statute introduced 1919 – Distribution responsibilities given to the

State Engineer 1933 – Proof required on change applications 1934 – The State Engineer was actively

distributing water on 27 systems

19381938

Kents Lake change application West Jordan Milling change application Kennecott/North Jordan E33 Weber/Provo Power Contract

Standard Change Application Approval Language

Standard Change Application Approval Language 1909 – 1941: No standard approval language 1941 – 1944: “Subject to prior rights whether diverting directly

from the source hereof or from other sources to which this water is tributary.”

1944 – 1967: “Subject to prior rights whether diverting directly from the source hereof or from other sources to which this water is tributary (including rights junior to the original application or rights which might be impaired by the change or changes) for diversion and use as herein described.”

1967 – 1985: No standard approval language 1985 – Present: “Subject to prior rights”

Criteria for Operating a ChangeCriteria for Operating a Change

Third-party water rights existing at the time of the change cannot be impaired (unless just compensation is provided)

The party making the change bears the costs of operating the change and of showing that no impairment is occurring

POD Change: Case #1POD Change: Case #1

Protestant1890

Applicant1880

ProposedChange


Protestant1890

Applicant1880

ProposedChange


Protestant1890

Applicant1880

ProposedChange

810

6

6

So What is the Priority of a Change?So What is the Priority of a Change?

The priority of the underlying water right? The date of the change? Answer: It depends on whether or not there is

potential impairment Each situation has to be judged on its individual

merits

distribution of water rights jared manning, p.e. utah division of water rights march 17, 2014

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