Declaring Beneficial Use in Water Use Groups R655-16

A Few Definitions "Supplemental Right" - a water right used together with one or more other water rights for a common Beneficial Use. "Water Use Group" - one or more water rights assigned in the records of the State Engineer as being applied to a common Beneficial Use.

A Few Definitions “Beneficial Use” - the purpose for which water is used under a water right and the quantity of that use. "Beneficial Use Amount" - the quantity of Beneficial Use a water right contributes to a Water Use Group. "Declaration of Beneficial Use Amounts" (Declaration) - a form to declare the Beneficial Use Amount of some or all the water rights in a Water Use Group.

A Few Definitions "Sole Supply" - the amount of Beneficial Use allowed when a water right is used alone and separate from its Supplemental Rights. If a water right is in more than one Water Use Group, the Sole Supply is the sum of its Beneficial Use Amounts.

Water Use Groups , , , , ,05-3,05-4

11 Water Use Groups Unanswered Questions How much beneficial use does each water right contribute to each water use group? What is the total beneficial use in each water use group? What is the sole supply of each water right? What is the total irrigated area?

GENERAL PROVISIONS An acceptably complete Declaration must:  Be signed by all water right holders  Include documentation Apportionment method – any consistent with S.E. records Not a general adjudication of water rights

CHANGE APPLICATIONS Declaration shall be required only if all of the following conditions apply:  Fewer than all the water rights in group  Removes water right from group  Beneficial uses have not been quantified; AND  Nature of change requires quantification

WATER RIGHT PROOF Declaration may be required if:  Beneficial use has not been quantified; AND  Fewer than all water rights in group; OR  Water right holder does not hold all water rights in group.

ADDITIONALLY A Declaration does not change the way supplemental water rights can be used together. May continue to use remaining rights as they have historically been used. A filed Declaration may only be revised by filing a new Declaration

S.E. REVIEW & EVALUATION Incomplete or inconsistent with SE record – Return with explanation Complete and consistent with SE record – Update SE records accordingly Request for review of SE database & SE files – correcting water use groups. S.E. may modify water use group records at any time to resolve errors, deficiencies or ambiguities.

S.E. APPORTIONMENT May request apportionment if:  Necessary for administrative action; and  Reasonable efforts exhausted without success:  Impossible to identify/contact one or more parties  One or more parties refuse to participate  Other reason which prevents completion of Declaration

S.E. APPORTIONMENT (cont.) Application on S.E. form  Provide all info requested & documentation  Acknowledge not a general adjudication  Provide notice to other parties as possible S.E. review for completeness, compliance with application criteria & adequate effort  Incomplete / Non-compliant / Insufficient effort: Return with explanation  Complete / Compliant / Sufficient effort: File application & apportion

S.E. APPORTIONMENT (cont.) Procedure:  Notify all parties & request information  Allow at least 30 days for reply  Include in review:  Info from application  Info received pursuant to request  Other pertinent information (including SE records)  Prepare preliminary apportionment  S.E. may determine to apportion only the water right involved in the administrative action.

S.E. APPORTIONMENT (cont.) Notify parties of preliminary apportionment  Intermediate step – not final  Advise of right to protest  30 days protest period May hold a hearing Review further info & revise apportionment if necessary Issue SE Order (final agency action)  Subject to UAPA Update SE records accordingly

EXCEPTIONS Water Use Groups created for public water suppliers that describe use areas rather than the extent of the Beneficial Uses will not require a Declaration. S.E. may require Declaration be completed, consistent with rule, any time during administrative action if needed. A water right holder may declare no beneficial use at any time.

EXCEPTIONS Beneficial use quantified by court or other legal instrument – may be submitted to S.E. at any time. SE may cancel the assignment of a water right to a water use group S.E. may waive Declaration requirement for a temporary Change Application if sufficient water and Beneficial Use Amounts are available for the purposes of the change.

EXAMPLES The examples apply regardless of:  The water user (municipality, irrigator, federal agency or any other type of water user)  The nature of use of the water use group (municipal, irrigation, etc.)

1 A water right holder in a water use group desires to change the POD of his water right but not the source (i.e. surface or underground). No Declaration is required  The water right is not being removed from the water use group.

2 A water right is purchased from a water use group where the rights are held by several individuals. The purchaser wants to change the right to make it supplemental in another water use group. A Declaration must be filed on the water rights in the group the water right is being taken. No Declaration required for the water use group the water right would be added to.

3 A well water right in a water use group with irrig. comp. water rights; both used to irrigate. Purchaser of well right desires to change the POD, POU and nature of use. Request to remove the irrig. comp. rights from water use group - no effect on the administration or use of the company water rights. Beneficial use amount of the well right must be determined.

4 Change applications filed to change the POD, POU and nature of use of all of the water rights in a water use group. A Declaration is not required as long as the water rights remain linked together in their supplemental relationship  The PODs may be different but the hereafter POU and nature of use must be the same for each of the rights.

5 One water right holder owns all rights in several water use groups. The holder believes the groupings don’t reflect how the water rights are and have been used supplementally. Petition S.E. to revise the water right groupings.  The groupings can be adjusted if it does not cause a change in the POD, POU or nature of use of the water rights and is consistent with the S.E. records.  If the adjustment will cause such a change, then change applications will be required.

6 A water right with a defined beneficial use amount is added to a water use group where the beneficial use amounts of the other rights have not been defined. The water right is subsequently sold and the purchaser desires to change the POD, POU and nature of use of the water right. No Declaration is required.  The beneficial use amount of the water right is defined.

7 An irrig. comp. owns multiple water rights that are grouped in several water use groups. A shareholder desires to file a change on shares (POD, POU and the nature of use). No Declaration is required.  Based upon the number of acres irrigated per share, the S.E. reduces the total number of acres irrigated by the company rather than addressing each individual group.

QUESTIONS ?

Recent Legislation 2010 –HB 33 Groundwater Recharge and Recovery Act Amendments. –HB 34 Water Storage Projects. –HB 60 Water Conveyance Facilities Safety. –HB 69 State Engineer’s Plugging of Wells Repealer. –HB 84 Water Banks

Recent Legislation 2010 –HB 98 State Engineer Bonding Requirements. –HB 171 Water Right Revisions – –HB 226 Well Driller’s License (Pump Installers). –HB 229 Water Rights General Adjudication Amendments. –HB 231 Water Rights Priorities in Time of Shortage.

Recent Legislation HB 231 (cont.) Temporary Water Shortage. Governor Declares an Emergency. Two Consecutive Years. Drinking, Sanitation, and Fire Suppression Used By: An Individual Water User, A County, A Municipality, or a Public Water Supplier. Next comes Agricultural Including Irrigation and Livestock Use

Recent Legislation HB 231 (cont.) –Person Using Water Shall Pay Reasonable Value of the Water.

Recent Legislation 2010 (cont.) –1SHB 298 Land Use Authority Notification of Canal Development. –1SHB 314 Water Rights Addendum to Deeds. –1SHJR 26 Joint Resolution Approving Water Rights Addendum Form. –SB 20 Local District Amendments. –SB 32 Rainwater Harvesting.

Recent Legislation 2SSB 99 Water Companies and Water Right Change Requests. SB 185 Canal and Irrigation Safety and Inspections. HJR1 Joint Resolutions Amending Provisions Provisions on Municipal Water Rights.

Recent Legislation HJR 2 Joint Resolution on Property Tax Exemptions For Water Facilities. HB 54 Property Tax Exemption For Water Facilities.