WATER RIGHT CURRENTSUtah Division of Water Rights

September 2009

2008-2009 CHANGES New State Engineer: KENT L. JONES, P.E.

Changes in Water Right Law 7 Significant Bills Passed in 2008

HB 51 – Forfeiture & Nonuse HB 208 – Livestock Watering Rights on Public Land

7 Significant Bills Passed in 2009 HB 18 – WR Applications & Records HB 241 – Priority of Water Rights HB 256 – Livestock Watering Right Amendments HB 389 – Applications for a Small Amount of Water

CHANGES IN WATER RIGHT LAW

HB 51 WATER RIGHT AMENDMENTS

Chief Sponsor: Representative Patrick Painter - Nephi

HB 51: FOREITURE & NONUSE Protected Certain Entities from Forfeiture

Public Water Suppliers:• Hold the water for the reasonable future water requirements of

the public (40-year plan).• Diligent progress on an approved change application.

Changed forfeiture jeopardy period from 5 to 7 years of continuous nonuse

Clarified the forfeiture procedure:A water right or a portion of the water right may not be forfeited unless a judicial action to declare the right forfeited is commenced within 15 years from the end of the latest period of nonuse of at least seven years.

Changed the requirements for a Nonuse Application Protects a water right from forfeiture for nonuse Granted for a period of up to 7 years May file a subsequent Nonuse Application No proof requirement at end of nonuse application period

LIVESTOCK WATERING RIGHTS ON PUBLIC LAND

HB 208 LIVESTOCK WATERING RIGHTS - 2008

HB 256 LIVESTOCK WATERING RIGHTS AMENDMENTS- 2009

Chief Sponsor: Representative Michael Noel - Kanab

HB 208 & 256: LIVESTOCK WATERING RIGHTS Defined a “Livestock Watering Right” as: A right for livestock to

consume water…on public land…

On or after May 12, 2009, a livestock watering right may only be acquired by a public land agency jointly with a beneficialuser.

“Beneficial user” means the person that has the right to use the grazing permit. Beneficial user does not mean the public land agency issuing the grazing permit.

“Public Land” means land owned or managed by the United States or the State, except land owned by Division of Wildlife, SITLA or Parks & Recreation.

The State Engineer may not approve a change application fora livestock watering right without the consent of the beneficial user.

WATER RIGHT APPLICATIONS & RECORDS

HB 18 WATER RIGHT APPLICATIONS & RECORDS

Chief Sponsor: Representative Patrick Painter - Nephi

HB 18: WR APPLICATIONS & RECORDS Authorizes, and in some cases requires, the

extension of time on a water right application held by a public water supplier beyond 50 years.

Authorizes segregation of a water right into two or more parts upon written request to the State Engineer.

Authorizes consolidation of two or more water

rights if the rights: (a) are from the same source;

(b) have the same priority date; and(c) are sufficiently consistent in

definition that the consolidated application or water right may be described without referring to the characteristics of

the individual application or water right that existed before consolidation.

PRIORITY OF WATER RIGHTS

HB 241 PRIORITY OF WATER RIGHTS

Chief Sponsor: Representative Kerry Gibson - Ogden

HB 241: PRIORITY OF WATER RIGHTS First in Time, First in Right.

Section 73-3-1 UCA: “the one first in time shall be first in rights”

73-3-21.    Priorities between appropriators.Appropriators shall have priority among themselves according to the dates of their respective appropriations, so that each appropriator shall be entitled to receive his whole supply before any subsequent appropriator shall have any right; provided, in times of scarcity, while priority of appropriation shall give the better right as between those using water for the same purpose, the use for domestic purposes, without unnecessary waste, shall have preference over use for all other purposes, and use for agricultural purposes shall have preference over use for and other purpose except domestic use.

HB 241 repeals:Section 73-3-21, Priorities between appropriators.Section 2. Effective date. This bill takes effect on May 11, 2010.

APPLICATIONS FOR A SMALL AMOUNT OF WATER

HB 389 APPLICATIONS FOR A SMALL AMOUNT OF WATER

Chief Sponsor: Representative Patrick Painter - Nephi

HB 389: APPS FOR A SMALL AMOUNT OF WATER "Small amount of water" means the amount of

water necessary to meet the requirements of:(i) one residence;(ii) 1/4 acre of irrigable land; and(iii) a livestock watering right for:

ten cattle; or the equivalent amount of water… for livestock other than cattle

The State Engineer may approve an application…if:…the application complies with the State Engineer's regional policies and restrictions and…the application does not conflict with a political subdivision's ordinance:

(i) for planning, zoning, or subdivision regulation

HB 389: APPS FOR A SMALL AMOUNT OF WATER Advertising is at the discretion of the State Engineer

The State Engineer shall issue a certificate if an applicant files an affidavit (in lieu of an engineered proof), on a form provided by the State Engineer, as proof.

The affidavit shall:(i) specify the amount of:

(A) irrigated land; and(B) livestock watered; and

(ii) declare the residence is constructed and occupied.

The form provided by the State Engineer may require the information the State Engineer determines is necessary to maintain accurate records regarding the point of diversion and place of use (i.e. Certificate of Occupancy & County Plat Map).

HB 389: APPS FOR A SMALL AMOUNT OF WATER An applicant whose application lapses may file a

request with the State Engineer to reinstate the application, if the applicant demonstrates that the applicant or the applicant's predecessor in interest:

(i) constructed and occupied a residence within the time limit for construction; and

(ii) beneficially uses the water

Should be accomplished with Affidavit of Beneficial Use. Certificate issued upon verification.

Current Regional Issues Huntington-Cleveland Sprinkler Irrigation Project Millers Flat Dam Repair Project - Huntington Green River Diversion Dam Replacement Project Sheley Decree WR Title Work - Monticello Proposed Uranium Mill in Green River Proposed Nuclear Plant in Green River “Flaming Gorge” WR Developments in Green River Adjudications: Carbon / Emery / Castle Valley Active Adjudication: Taylor Flat Navajo Nation Water Rights Agreement

CURRENT REGIONAL ISSUES Irrigation Duty Updates to Grand & San

Juan Co. Willow Basin Formal Policy Adoption Upper Mill Creek Formal Policy Adoption Arches & Natural Bridges Water Right

Agreements Endangered Fish Policy on the Green River Colorado River Policy

Thank You… Any Questions?

UTAH DIVISION OF WATER RIGHTS

http://waterrights.utah.gov