Water Users’ Workshop

Change Applications

Utah Division of Water Rights

John Mann, P.E.

March 17, 2010

• General Philosophy• Change Application statutes• Water Right Sole Supply• Change Applications: Surface to Groundwater• Management of the Division of Water Rights• System equilibrium

Overview

General Philosophy• State Engineer must be

knowledgeable, independent and objective.

• Decisions must be based on−sound science−statutes and legal precedent−workable administrative policy.

Change Applications Sec. 73-3-3 UCA• A person entitled to use water may change:

−Point of diversion.−Place of use.−Nature of use.−Period of use.

• SE action criteria (Sec. 73-3-8(1)):−Can’t impair existing rights (without

compensation).−Doesn’t change priority date of underlying right.−Priority of change applies to interference issues.−Stream environment / best public interest

Change Applications: Non-Use

• Questions may be asked concerning when the water was last used. Is this an issue raised in protests?

• The State Engineer will not approve a change application on a water right (or that portion of a water right) that might be subject to forfeiture because the water user may not be entitled to the use of water.

Water Right Sole Supply

• Required when a change application is filed on a water right in a water use group that separates an individual right from a group.

• Generally not required when the change includes all water rights in a group.

• Municipalities will be exempt from the rule.

Water Right Sole Supply (cont.)

• Notification of the pending change application and the sole supply determination - invitation to protest.

Change Applications: Surface to

Groundwater• Surface water and ground water are different

water environments – connected but different in the timing and availability of water supply.

• As water rights are changed from the surface to underground:−The priority doctrine needs to be applied

differently.−Adaptations may be needed to provide for the

differences (haircuts)

• Water measurement requirements on sources

• Priorities−Processing applications in a timely manner−Reducing application backlog−Review application processing procedure

• Layered system of review• Discussion of complex applications prior to

decision

• Empowering Staff−Delegation of authority and responsibility−Adequate review and statewide consistency−Increased training and communication

efforts.

Management Issues

Management ofthe Division of Water Rights

(cont.)• Fees

−Minimum application filing fee $150 −Fee for filing a protest

Groundwater Management Plans

• Beryl Enterprise

• East Shore Great Salt Lake

• Tooele Valley

• Salt Lake Valley

• Pahvant Valley

• See website for others

Groundwater Management Plans (cont.)

• The purpose of GWMP is to identify problems, involve water users in the issue and establish an administrative policy for future action.

• Where it appears no specific water user is being injured, the SE may:−point out problems and areas of concern−offer help and suggestions−encourage water users to−develop a plan (voluntary arrangement) and

take active steps to remedy the problem.

Groundwater Management Plans (cont.)

• Development of GWMPs will depend upon:−Input from water users −The groundwater situation in the area−The status of the water rights in the area−The availability of resources to complete

the project−The desire and cooperation of local

water users to address problems.

Potential Problems with Changes

• Well interference

• Exceeding the available supply

• Enlarging rights

• Impairing rights

Questions or Comments?