Central Iron County

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Central Iron County Water Conservancy
District Water Rights Issues
Jerry Olds State Engineer October 5, 2006
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Origin of the Doctrine of Prior Appropriation
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Prior Appropriation DoctrineMain Features

• Divert water to beneficial use.
• Priority date.
• First in time, first in right.
• Loss of right.
• Right acquired by application.

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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).

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Division of Water RightsOffice of the State
Engineer

• State Engineer Appointed by governor /
  consent Senate Term of four years Director of
  Division of Water Rights
• The state engineer shall be responsible for the
  general administrative supervision of the waters
  of the state and the measurement, appropriation,
  apportionment, and distribution of those waters.
  (73-2-1)
• Water rights records orderly system

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Population Growth Water

• Current Population 2.5 Million
• Estimated Population 2020, 3.5 Million
• 2050, 5.4 Million
• Estimated Water Conversion 2020 125,000
  AF 2050 324,000 AF

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Population Projections

• 96 Increase
• Box Elder, Cache, Davis, Iron, Morgan, Salt
  Lake, Summit, Tooele, Utah, Wasatch, Washington
  Weber
• Fastest Growing - Washington, Morgan Summit

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State Engineers Water Appropriation Policy
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Conversion of Ag Land to Residential ? Want
the water transferred
? Market system
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MANAGEMENT OF UTAHS GROUND-WATER RESOURCES
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Ground-Water Recharge,Beryl-Enterprise Area

• AVERAGE
• RECHARGE
• 33,000 Acre-Feet

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Average 1993-2003, 83,000 Acre-Feet
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Since 1996 the water level has declined 41.54 feet
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Legislative WaterIssues Task Force

• Created during 2004 Session
• Made up of 5 Senators 8 Representatives
• 2004 Water Rights Enforcement
• 2005 Water Reuse, Water Financing, Ground-Water
  Management
• WATER COMMUNITY!

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HB 228 Ground-Water Management Plan
Definitions (1) As used in this section

•      (a) "Critical management area" means a
  groundwater basin in which the groundwater
  withdrawals consistently exceed the safe
  yield.            

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HB 228 Ground-Water Management Plan
Definitions (1) As used in this section

•              

(b) "Safe yield" means the amount of groundwater
that can be withdrawn from a groundwater basin
over a period of time without exceeding the
long-term recharge of the basin or unreasonably
affecting the basin's physical and chemical
integrity.
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HB 228 Ground-Water Management Plan

• Regulate Ground Water Adopt Plan
• Plan based on the principles of prior
  appropriation
• Limit withdrawals - SAFE YIELD
• In Critical Mgt Area Economic other
  impacts Gradual implement safe yield limits
• Public notice involvement
• MAJOR STEP FORWARD

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Ground-Water Basins of Concern

• Beryl-Enterprise (Overdraft)
• Pahvant Valley (Spring, overdraft)
• Milford Valley (Overdraft)
• Cedar City Valley (Slight overdraft)
• Parowan Valley (Slight overdraft)
• Curlew Valley (Spring, overdraft WQ concerns)
• Salt Lake Valley (Over appropriated on paper)

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Utahs Upper Colorado River Entitlement
Current Depletions
Utahs Apportionment (23) 1,369,000
AF Current Depletion 1,007,500 AF Remaining
Depletion 361,500 AF
20
Estimated Depletion 2005Units 1000 Acre
FeetSource Division of Water Resources

• Agriculture/stock 591.4
• Municipal/Domestic 25.3
• Power/Industrial 44.6
• Exports/Imports 206.9
• Reservoir Evaporation 19.3
• Evaporation CRSP Res. 120.0 TOTAL 1007.
  5

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Potential Depletion Approved Applications
(Undeveloped)
Applicant Quantity (Ac Ft) San Juan County
WCD 30,000 Central Utah WCD
29,500 Board of W R (et al)
158,000 Wayne County WCD 50,000 Kane County
WCD 30,000 Sanpete WCD
5,600 Uintah County WCD 5,000 Others (lt
5000 AF) 80,000 Ute Tribe ?
105,000   TOTAL 493,100
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There is no argument that the Navajo Nation have
water rights,
Navajo Nation Water Rights
the question is how much?
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73-3-12.   Time limit on construction and
application to beneficial use -- Extensions --
Procedures and criteria.     (1) As used in this
section, "public agency" means (a) a public
water supply agency of the state or a political
subdivision of the state or the Bureau of
Reclamation .     (2) (a) The construction of
the works and the application of water to
beneficial use shall be diligently prosecuted to
completion within the time fixed by the state
engineer.    
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(b) Extensions of time, not exceeding 50 years
from the date of approval of the application,
except as provided in Subsection (2)(c), may be
granted by the state engineer on proper showing
of diligence or reasonable cause for delay.    
(c) Additional extensions of time, beyond 50
years, may be granted by the state engineer on
applications held by any public agency, if the
public agency can demonstrate the water will be
needed to meet the reasonable future requirements
of the public.
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(i) (i) If reasonable and due diligence is shown
by the applicant, the state engineer shall
approve the extension. (j) The state engineer
shall consider the holding of an approved
application by any public agency to meet the
reasonable future requirements of the public to
be reasonable and due diligence within the
meaning of this section for the first 50 years.
The state engineer may approve extensions beyond
50 years for a public agency, if the agency
provides information sufficient to demonstrate
the water will be needed to meet the reasonable
future requirements of the public.
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Unapproved Application to Appropriate Water

• Recent actions Letter to determine interest
  1400
• 55 Responded ¾ still interested ¼ not
  interested
• Other 45 - applicant / address

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Our account on the Colorado River is overdrawn
on paper!However, we have 360,000 AF unused.
Checking Account Analogy

• Will the checks ever be cashed?
• How long do you allow checks to be outstanding?
• Do we need to re-evaluate how we administer our
  account?
• Can we take action that will allow us to realize
  full benefit from our assets?

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Water is the brush that has shaped the unique
and varied landscape of Utah and influenced the
settlement and lifestyle of the people who have
inhabited its boundaries
And Water Is The Resource That Will Shape Our
Future!