Rural Water Association of Utah

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APPLICATION PROCESS

• Rural Water Association of Utah
• Water Rights Conference 2008
• By Kent L. Jones, P. E.
• Assistant State Engineer

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WATER RIGHTS BACKGROUND

• WATER PUBLIC PROPERTY
• PRE-LEGISLATION RIGHTS
• POST-LEGISLATION RIGHTS
• STATUTES, RULES AND POLICIES
• WEBSITE http//waterrights.utah.gov

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• WATER RIGHTS OVERVIEW
• During 2006-2007, the State Engineer
• Issued Orders On
• 1053 Applications to Appropriate
• 1440 Change Applications
• 1267 Extension Requests
• Held Hearings on 111 applications
• Received 823 Proofs
• Issued 546 Certificates of Beneficial Use

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WATER RIGHTS ACCESS

• PUBLIC RECORDS
• SEARCH AND LIST PROGRAMS
• E-MAIL NOTIFICATION

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APPLICATION PROCESS
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APPLICATION PROCESS
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APPLICATION PROCESS
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APPLICATION FORMS

• AVAILABILITY
• REQUIRED INFORMATION
• ASSISTANCE

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APPLICATION PROCESS
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• FILING AN APPLICATION
• BY MAIL OR VISIT
• FEE REQUIRED
• ESTABLISHES INITIAL PRIORITY
• PLACED ON NEW FILING LIST

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ADVERTISING DESIGNATION

• NEWSPAPER WITH LOCAL CIRCULATION
• REGIONAL OFFICE ACTION
• WAIVING ADVERTISING

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ADVERTISING PERIOD

• PERMANENT FILINGS
• TEMPORARY FILINGS
• NOTICES DRAFTED BY DIVISION
• PROOF OF PUBLICATION

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• PROTESTS
• FILED BY INTERESTED PARTIES
• MUST PROVIDE RELEVANT RIGHT NUMBER
• TIMELINESS
• PROTESTANT INFORMATION

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HEARINGS

• Generally Held Locally
• Usually Informal Proceedings
• May Be Waived

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• REGIONAL OFFICE REVIEW
• EXAMINE ALL AVAILABLE INFORMATION
• CONSIDER PROTEST CONCERNS
• RECOMMEND ACTION

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RECOMMENDED ACTIONS

• APPROVAL
• REJECTION
• DEFERRAL

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APPLICATION PROCESS
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APPLICATIONS/RECORDS SECTION REVIEW

• COMPLETENESS, ACCURACY AND CONSISTENCY
• LEGAL COUNSEL
• FINAL DRAFT

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STATE ENGINEERS ACTION

• REVIEWS FINAL DRAFT
• SIGNED ORDERS SENT TO ALL PARTIES
• APPROVALS LISTED ON INTERNET
• REJECTIONS TERMINATE FILINGS
• SCANNED DOCUMENTS ON WEBSITE

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TWENTY-DAY RECONSIDERATION PERIOD

• REQUEST CHANGES TO ORDER
• PARTIES WITH LEGAL STANDING
• MUST BE TIMELY
• IF GRANTED, ORDER IS RESCINDED
• IF DENIED, ORDER REMAINS IN PLACE

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THIRTY-DAY APPEAL PERIOD

• APPEAL TO DISTRICT COURT
• PARTIES WITH LEGAL STANDING
• MUST BE TIMELY
• JUDGE CAN UPHOLD, DENY, OR AMEND THE ORDER
• UTAH SUPREME COURT

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APPLICATION PROCESS
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APPROVED APPLICATION

• DUE DATE FOR BENEFICIAL USE
• SIXTY-DAY NOTICE
• PROOF DOCUMENTS
• REQUEST FOR MORE TIME
• TIMELY SUBMISSION OR APPLICATION LAPSES
• PERMANENT LAPSING

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EXTENSION REQUEST

• FORMS AND FEES
• ADVERTISING AFTER FOURTEEN YEARS
• REVIEW AND RECOMMENDATION
• GRANTED OR DENIED
• RECONSIDERATION AND/OR APPEAL

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PROOF OF BENEFICIAL USE

• FORMS
• PROFESSIONAL PREPARATION
• REVIEWED BY REGIONAL OFFICE
• AMENDMENTS
• ACCEPTED OR REJECTED

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CERTIFICATION

• STATE ENGINEERS REVIEW AND SIGNATURE
• ISSUED ON SAME DAY AS SIGNED
• RECORDING
• RECONSIDERATION AND APPEAL

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BENEFICIAL USE

• CONTINUED USE AS AUTHORIZED
• AMENDMENTS BY CHANGE APPLICATION
• PROLONGED NON-USE

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WATER RIGHT SUGGESTIONS

• VALUABLE ASSET
• KEEP GOOD RECORDS
• MAINTAIN UP-TO-DATE ADDRESSES AND OWNERSHIP

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QUESTIONS?