Council of Economic Advisors Water Rights Overview Utah Division of Water Rights Jerry Olds

Origin of the Doctrine of Prior Appropriation

Prior Appropriation Doctrine Main Features  Divert water to beneficial use.  Priority date.  First in time, first in right.  Loss of right.  Right acquired by application.

Basic Definitions  All water in the state is property of the public.  Beneficial use shall be the basis, the measure, and the limit of all rights to the use of water in the state.

Major Elements of a Water Right  Priority date.  Quantity of water.  Flow rate.  Volume.  Source of supply.  Point(s) of diversion.  Uses.  Irrigation, domestic, stock water, mining, municipal, etc.  Period of use.  Place of use.

Establishing a Water Right  Diligence Claim.  Surface water uses prior to  Underground Water Claim.  Ground-water uses prior to  Decreed rights.  Applications.  Appropriate – permanent, temporary, fixed-time.  Change – permanent, temporary.  Exchange.

Filing a Water Right  File application in proper form.  Advertise for 2 consecutive weeks in local paper.  20 day protest period.  Protested?  Hearing.  Approval or rejection.  If approved, proof due date given.  Appeal.

Approval Criteria  Unappropriated water in source.  Will not impair existing rights.  Physically and economically feasible.  Not monopolistic.  In the public interest.  Won’t effect the natural stream environment or public recreation.

Change Applications Sec UCA  May change:  Point of diversion.  Place of use.  Nature of use.  Period of use.  Pertinent facts:  Can’t impair existing rights without compensation.  Doesn’t change priority date of underlying right.  Priority of change applies to interference issues.

Division Responsibilities  Water right applications.  Distribute and measure water.  Dam safety.  Stream channel alterations.  Office of public record.  Adjudications under court order.  Well drillers.  Geothermal.  Water use data.

Administrative Regions

State-Federal Water Right Issues  Reserved rights (Winters Doctrine).  Indian tribes.  National Parks and public lands.  Interstate compacts.  1922 Colorado River Compact.  1944 Mexican Treaty.  1948 Upper Colorado River Basin Compact.  1955 Bear River Compact.  Endangered Species Act.  Wild & Scenic Rivers Act.  Agency regulations.

Current and Future Issues/Challenges  Changes in water use / meeting future demands.  Surface & ground water management.  Reserved water right claims.  Colorado River.  Water resources data.

Water Rights Discussion State Engineer Water User