water rights 101: overview of utah water law legislative water task force june 15, 2004
TRANSCRIPT
WATER RIGHTS 101:OVERVIEW OF UTAH WATER LAW
Legislative Water Task ForceJune 15, 2004
OBJECTIVES• ORIGIN OF UTAH WATER LAW
• BASIC CONCEPTS
• PROCESS AS IT EXISTS TODAY
• CASE STUDIES
Origin of the Doctrine of Prior Appropriation
Prior Appropriation DoctrineMain Features
• Divert water to beneficial use.
• Priority date.
• First in time, first in right.
• Loss of right.
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).
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.
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.
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
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.
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.
WaterAppropriation
Policy
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
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
Water Distribution by Priority Date
0
50
100
150
200
250
1-J
an
15-J
an
29-J
an
12-F
eb
26-F
eb
12-M
ar
26-M
ar
9-A
pr
23-A
pr
7-M
ay
21-M
ay
4-J
un
18-J
un
2-J
ul
16-J
ul
30-J
ul
13-A
ug
27-A
ug
10-S
ep
24-S
ep
8-O
ct
22-O
ct
5-N
ov
19-N
ov
3-D
ec
17-D
ec
31-D
ec
Day
CF
S
Streamflow
1st priority-1873
2rd priority-1922
3th priority-1949
Example # 2Beneficial Use
Evaluation of a Water Right
• Major ElementsFlow: 2.50 CFSSource: Spring CreekUse: Irrigation of 100 acresPeriod of Use: April 1 – Oct 31
• What is the beneficial use?• What are the diversion and depletion
limitations?
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
Irrigation Return Flow
Diversion = 4.0 Ac Ft/Ac
ET = 2.0 Ac Ft/Ac
Return Flow = 2.0 Ac Ft/Ac
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.
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
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
Thank You
Questions?