Utah Water User’s Workshop Efficiency & Water Rights Enforcement Jerry Olds State Engineer March 2005

Objectives Water Use Efficiency Upper Colorado River Basin Water Rights Enforcement Water Management Questions / Comments

Gas $2.00 Gallon Water $4.00 Gallon UT

Case Study Cottonwood Creek 3.75 cfs 250 acres Irr Duty 4.0 AF/A Div. Allowance 1000 AF/Yr Average diversion 850 AF/Yr Shortages in July, Aug & Sep

50% 75%75% Efficiency 50%

Shortages

Improved Irrigation Efficiency Benefits to the system Reduced diversions Improved water quality On farm Increased crop yields Reduced labor costs Impacts on the system Increased depletion of ~150 AF Decreased stream flows late summer Return flows- timing is changed Water Right Issues

Utah’s Apportionment (23%) 1,369,000 AF Current Depletion1,007,500 AF Remaining Depletion 361,500 AF Utah’s Upper Colorado River Entitlement & Current Depletions

ApplicantQuantity (Ac Ft) San Juan County WCD 30,000 Central Utah WCD 20,500 Board of W R (etal) 158,000 Wayne County WCD 50,000 Kane County WCD 30,000 Sanpete WCD 5,600 Uintah County WCD 5,000 Others 78,000 Ute Tribe ? 110, ,000 TOTAL 487,000 Potential Depletion Approved Applications (Undeveloped)

Upper Colorado River, Current Water Appropriation Guidelines Small applications, 1 family, 1 acres irrigation & 10 head livestock Fixed time applications Larger applications >>>> Do we need to evaluate these guidelines? Best long-term interest of Utah? Public meetings / Comments

Do you believe stealing water is a crime? 1. What is the value of water? 2.Does stealing water harm others? 3.Should someone gain financially from stealing water? 4.Should there be a penalty for stealing water?

Case Study – Mr. Smith Farm On July 31, 2003, an unsigned letter was received stating that “Mr. Smith has been farming 120 acres with 50 acres of right, and its about time you boys did something about it." Investigation showed certificated water right for 50 acres, no other water rights for the property. Mr. Smith is irrigating acres, of which 68.5 acres are without a water rights.

Action Taken by State Engineer Regarding the Smith Water Use Notice of unlawful use of water, 8/4/2003 No response Staff called Mr. Smith, he said he “would get right on it”. Notice of Agency Action sent 8/28/2003. NO RESPONSE

SIMPLIFIED FLOW CHART OF THE UTAH ADMINISTRATIVE PROCEDURES ACT (UAPA)

Time and Resources Required to Enforce Water Law Time requirement Minimum - 6 weeks Realistic time – 6 months Staff requirements Engineers Attorneys Class B Misdemeanor Max. $500 Calendar

Legislative Water Task Force Water Rights Enforcement Bills HB 29 – SE’s Powers & Duties HB 38 – Criminal Penalties HB 157 – Admin. Enforcement Procedures & Penalties Acknowledge Task Force & Water Community Major step forward

Administrative Enforcement Procedures & Penalties (HB 157) Issuing an Order / Notice of Violation (exempt UAPA) Administrative fine $5,000 for each knowing violation $1,000 for each violation that is not … Replacement water (Up to 200%) Each day is separate violation Adopt Rules * * Adopt Rules *

Average 17,500 Median 8,900

SANTA CLARA RIVER

 Rivers are dynamic systems  No action is without its opposite and equal reaction  Contact Stream Alteration Section (801)

Estimated precipitation (New Mexico) from tree-ring analyses

Trend line for reconstructed precipitation data 1 2 3

As water managers we have to deal with drought, floods and very few “average years”. floods and very few “average years”. The challenge is to manage what we have

9 proposed wells Total proposed withdrawal 25,000 acre-feet per year 185 wells in UT Springs – local and regional Congressional Act (Nov 04) Rights-of-way USGS Study Nevada / Utah agreement Public meeting March 15 Southern Nevada Water Authority Ground-Water Project Snake Valley

Our problems cannot be solved with the same level of thinking that created them. Albert Einstein

Thank You ! Questions?