WATER RIGHTS 101:

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WATER RIGHTS 101 OVERVIEW OF UTAH WATER LAW

Legislative Water Task Force June 15, 2004
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OBJECTIVES

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

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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.

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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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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.

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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.

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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

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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.

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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.
• Wont effect the natural stream environment or
  public recreation.

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Water Appropriation Policy
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Change ApplicationsSec. 73-3-3 UCA

• Owner may change
• Point of diversion.
• Place of use.
• Nature of use.
• Period of use.
• Pertinent facts
• Cant impair existing rights
• Cant enlarge the underlying water right

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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

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Example 2Beneficial Use
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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?

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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

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

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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

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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
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Thank You
Questions?