2006 Utah Water User’s Workshop Water Rights Issues Jerry Olds State Engineer

Objectives Water Marketing Municipal Water Rights Water Issues Task Force Update of the Division

Population Growth & Water Current Population 2.5 Million Estimated Population 2020, 3.5 Million 2050, 5.4 Million  Estimated Water Conversion 2020 – 125,000 AF 2050 – 324,000 AF

Population Projections 96% Increase Box Elder, Cache, Davis, Iron, Morgan, Salt Lake, Summit, Tooele, Utah, Wasatch, Washington & Weber Fastest Growing - % Washington, Morgan & Summit

State Engineer’s Water Appropriation Policy

Water Marketing In Utah

Waters declared property of public. All waters in this state, whether above or under the ground are hereby declared to be the property of the public, subject to all existing rights to the use thereof.

“The state regulates the use of water as trustee for the benefit of the people. Public ownership is founded on the principle that water, a scarce and essential resource in this area of the country, is indispensable to the welfare of all the people; and the state must therefore assume the responsibility of allocating the use of water for the benefit and welfare of all the people of the state as a whole.” J. J. P. N. Co. v. State 655 P.2d 1133 (Utah 1982)

73-3-8: It shall be the duty of the state engineer to approve an application if: (a) there is unappropriated water in the proposed source; …. and (e) the application was filed in good faith and not for purposes of speculation or monopoly.

Speculation – An investment involving risk with hope of large profit. To buy or sell in expectation of profiting from market fluctuations. What is the standard or criteria to determine speculation?

Conversion of Ag Land to Residential  Want the water transferred  Market system

The Future of Water Marketing Population will double by 2050 Conversion of Irrigation Water to M&I 324,000 Acre-Feet Water Bank (Public or Private?) Water Brokers

Basic Definition 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).

What water uses are covered by a municipal water rights? Domestic, commercial, industrial, irrigation, stockwatering, etc Could water uses practices change over time? Identify each house or business supplied water? Are municipal water rights subject to forfeiture?

Who Can Hold Municipal Water Rights? State of Utah (Agency) Political Subdivision of the State (Cities, Towns & Special Districts) US Bureau of Reclamation

Challenges Faced by the Public Water Systems New subdivisions / Building permits Financing new water develop Permitting requirements Acquiring additional water rights Protecting the City’s existing water rights System failure - Flexibility

Case Study - Water Use & Water Rights

Water Rights Summary Year-round, CFS only, Certificated for Mun Use Canyon Spring4.0 CFS City Hall Well4.2 CFS Fire House Well5.0 CFS Golf Course Well4.8 CFS Aspen Lane Well3.5 CFS Total21.5 CFS 15,565 AF

Monthly Volume By Flow

Proof of Beneficial Use Need to develop the water source and place to water to full beneficial use Proof of Beneficial Use is not a showing of the pump or pipeline capacity Verify both the flow and volume Take into account all water rights Segregate & file extension Objective – Define demand & allow proper mgt.

MANAGEMENT OF UTAH’S GROUND-WATER RESOURCES

Legislative Water Issues Task Force Created during 2004 Session Made up of 5 Senators & 8 Representatives 2004 – Water Rights Enforcement 2005 – Water Reuse, Water Financing, Ground- Water Management Leadership – Rep Dave Ure (Kamas) Rep Mike Styler (Delta) Senator Peter Knudson (Brigham City) WATER COMMUNITY!

HB 228 Ground-Water Management Plan (a) "Critical management area" means a groundwater basin in which the groundwater withdrawals consistently exceed the safe yield. (b) "Safe yield" means the amount of groundwater that can be withdrawn from a groundwater basin over a period of time without exceeding the long-term recharge of the basin or unreasonably affecting the basin's physical and chemical integrity. Definitions (1) As used in this section:

HB 228 Ground-Water Management Plan Regulate Ground Water – Adopt Plan Plan based on the principles of prior appropriation Limit withdrawals - SAFE YIELD In Critical Mgt Area Economic & other impacts Gradual implement safe yield limits Public notice & involvement MAJOR STEP FORWARD

HB 38 – Water Reuse Reuse Project Municipal water rights Consistent - underlying water right Reuse authorization contract Parties to the contract The contract provisions Submitted w/ application State engineer application process

Water Issues Task Force HB Proposes to review Instream Flow Water Conservation Water financing and Any other issue that affects the state's development or management of water. Get Involved

Update Division of Water Rights Staff Changes Retirements Kerry Carpenter – Enforcement Marc Stilson – SE Regional Engineer Applications and Records Section Change Appl. vs Appl. to Appropriate John Solum & Jared Manning WATER RIGHT APPLICATIONS Proofs & Certificates

Update Division of Water Rights (cont’d) Adjudication Team PD Book 4, Area 29 (Lower Bear River) Plans for Bear River Ashley Valley Castle Valley Tooele Valley Real-Time Water Distribution Ground-Water Management

And Water Is The Resource That Will Shape Our Future! “Water is the brush that has shaped the unique and varied landscape of Utah and influenced the settlement and lifestyle of the people who have inhabited its boundaries” Thank You QUESTIONS?