“Whiskey is for drinking, water is for fighting over.” Utah Water Rights CEE 5460 David Rosenberg “Whiskey is for drinking, water is for fighting over.” --Mark Twain

Learning Objectives Define appropriation and water rights List major elements of a right Locate a water right in the State database Compare rights for appropriation, groundwater, recharge, and recovery Fill out a water right change application CEE 5460

Appropriation Doctrine Water flowing in natural channels; subterranean streams “First in time, first in right” – no land ownership required Senior appropriator entitled to full amount of reasonable and beneficial use Use it or lose it (due diligence) Shortages shared unequally: senior rights receive all their water before junior rights receive any Transfer of right apart from land History in U.S. western expansion; Manifest Destiny; mining development CEE 5460

Riparianism Doctrine Lakes, natural channels, underground rights Contiguous to land (water right can not be separated from land ownership; transfer of land = transfer of right) Use Reasonable (economic need; benefit to society) — OR — Maintain natural flow (quantity and quality before and after use) No injury to downstream users Shared priority shortages shared equitably according to proportion of land ownership History in English Common Law (1850s); Eastern U.S. CEE 5460

Utah Water Rights The right to divert (or remove from its natural source) and beneficially use public waters in the state Title 73, Chapter 3, Section 1 (1-4) Defining Elements (Title 73, Chapter 3, Section 2) Person or organization who will use Nature and extent of beneficial use A priority date Quantity of water allowed by flow rate (cfs) and/or volume (ac-ft) Source of water and specified point of diversion Place of beneficial use Place where water is returned (if any) CEE 5460

Administrating Utah Water Rights Utah Division of Water Rights Claim must meet statutes established by law File an application with the Division (73-3-2 and here) State Engineer renders a decision based on statutes and prior court decisions (73-3-5, 8, 10) If approved, applicant has set time to Develop and put the water to beneficial use (73-3-12), and File proof with the State Engineer (73-3-16) All water rights are searchable on the UDWR website!! CEE 5460

Example 1. What are the defining elements for these water rights? Highest-priority Logan, Hyde Park, & Smithfield Canal Company diversion from the Logan River (#25-6145)? River Park Well (9925003P00) nearby well (#25-9038)? Spring Creek Water Co. (#25-3507)? CEE 5460

Example 2. What is the water right associated with this certificate?

Groundwater Recharge and Recovery Same law for wells or changes (73-3-3) Similar law for groundwater recharge and recovery (73-3b) Need recharge or recovery permit to undertake (73-3b-103) Must have a water right or agreement to use source of recharge (73-3b-106) State Engineer determines recoverable water volume (73-3b-107) Apply for a recharge permit (73-3b-201) State Engineers renders a decision and applicant must file proof of completion (73-3b-203) Similar for recovery permits (73-3b-204, 205, 206) Use storage account to track recharge and recovery (73-3b-301) CEE 5460

Applying for Water Rights Applications available on the UDWR website Each question addresses a key element of a water right Use the map tools to specify the location in Section/Township system Aquifer Storage and Recovery projects may have to file 3 applications Water right (or Change application) Recharge permit Recovery permit CEE 5460

Example 3. Complete a change application so you can use the Example 1 water source to recharge at your site CEE 5460

Example 4. What information do you need to complete a recharge permit for your site? What information do you already have? CEE 5460

Conclusions Utah allocates water by the appropriation doctrine Can divert and beneficially use state waters Rights are defined by 7 key elements Utah Division of Water Rights administers the law Groundwater, recharge, and recovery also fall under the law Apply for your permit(s) CEE 5460