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 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 (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 of the 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?