1. “Whiskey is for drinking, water is for fighting over.”
Utah Water Rights
CEE 5460
David Rosenberg
“Whiskey is for drinking, water is for fighting over.”
--Mark Twain

2. Learning Objectives Define appropriation and water rights
List major elements of a right
Locate a water right in the State database
Compare rights for appropriation, groundwater, recharge, and recovery
Fill out a water right change application
CEE 5460

3. Appropriation Doctrine
Water flowing in natural channels; subterranean streams
“First in time, first in right” – no land ownership required
Senior appropriator entitled to full amount of reasonable and beneficial use
Use it or lose it (due diligence)
Shortages shared unequally: senior rights receive all their water before junior rights receive any
Transfer of right apart from land
History in U.S. western expansion; Manifest Destiny; mining development
CEE 5460

4. Riparianism Doctrine Lakes, natural channels, underground rights
Contiguous to land (water right can not be separated from land ownership; transfer of land = transfer of right)
Use
Reasonable (economic need; benefit to society) — OR —
Maintain natural flow (quantity and quality before and after use)
No injury to downstream users
Shared priority
shortages shared equitably according to proportion of land ownership
History in English Common Law (1850s); Eastern U.S.
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5. Utah Water Rights
The right to divert (or remove from its natural source) and beneficially use public waters in the state
Title 73, Chapter 3, Section 1 (1-4)
Defining Elements (Title 73, Chapter 3, Section 2)
Person or organization who will use
Nature and extent of beneficial use
A priority date
Quantity of water allowed by flow rate (cfs) and/or volume (ac-ft)
Source of water and specified point of diversion
Place of beneficial use
Place where water is returned (if any)
CEE 5460

6. Administrating Utah Water Rights
Utah Division of Water Rights
Claim must meet statutes established by law
File an application with the Division ( and here)
State Engineer renders a decision based on statutes and prior court decisions (73-3-5, 8, 10)
If approved, applicant has set time to
Develop and put the water to beneficial use ( ), and
File proof with the State Engineer ( )
All water rights are searchable on the UDWR website!!
CEE 5460

7. Example 1. What are the defining elements for these water rights?
Highest-priority Logan, Hyde Park, & Smithfield Canal Company diversion from the Logan River (# )?
River Park Well ( P00) nearby well (# )?
Spring Creek Water Co. (# )?
CEE 5460

8. Example 2. What is the water right associated with this certificate?

9. Groundwater Recharge and Recovery
Same law for wells or changes (73-3-3)
Similar law for groundwater recharge and recovery (73-3b)
Need recharge or recovery permit to undertake (73-3b-103)
Must have a water right or agreement to use source of recharge (73-3b-106)
State Engineer determines recoverable water volume (73-3b-107)
Apply for a recharge permit (73-3b-201)
State Engineers renders a decision and applicant must file proof of completion (73-3b-203)
Similar for recovery permits (73-3b-204, 205, 206)
Use storage account to track recharge and recovery (73-3b-301)
CEE 5460

10. Applying for Water Rights
Applications available on the UDWR website
Each question addresses a key element of a water right
Use the map tools to specify the location in Section/Township system
Aquifer Storage and Recovery projects may have to file 3 applications
Water right (or Change application)
Recharge permit
Recovery permit
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11. Example 3. Complete a change application so you can use the Example 1 water source to recharge at your site
CEE 5460

12. Example 4. What information do you need to complete a recharge permit for your site?
What information do you already have?
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13. Conclusions Utah allocates water by the appropriation doctrine
Can divert and beneficially use state waters
Rights are defined by 7 key elements
Utah Division of Water Rights administers the law
Groundwater, recharge, and recovery also fall under the law
Apply for your permit(s)
CEE 5460