2006 Utah Water User’s Workshop

Water Rights Issues

Jerry OldsState Engineer

Objectives

• Water Marketing

• Municipal Water Rights

• Water Issues Task Force

• Update of the Division

Population Growth & Water

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2005 2020 2040

Pop

• Current Population2.5 Million

• Estimated Population2020, 3.5 Million2050, 5.4 Million

Estimated Water Conversion 2020 – 125,000 AF 2050 – 324,000 AF

Population Projections

• 96% IncreaseBox Elder, Cache, Davis, Iron, Morgan, Salt Lake, Summit, Tooele, Utah, Wasatch, Washington & Weber

• Fastest Growing - % Washington, Morgan & Summit

State Engineer’s

WaterAppropriation

Policy

WaterMarketing

InUtah

73-1-1. Waters declared property of public.

All waters in this state, whetherabove 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 thecountry, is indispensable to the welfare

of all the people; and the state musttherefore assume the responsibility of

allocating the use of water for thebenefit 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 involvingrisk with hope of large profit. To buyor sell in expectation of profiting frommarket fluctuations.

What is the standard or criteriato 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&I324,000 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 amunicipal water rights?

Domestic, commercial, industrial, irrigation, stockwatering, etc

Could water uses practicesCould water uses practiceschange over time?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 bythe 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

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Annual Diversion

Case Study - Water Use & Water Rights

Monthly Municipal Demand

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Golf Course Well

Firehouse Well

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Canyon Spring

Water Rights Summary• Year-round, CFS only, Certificated for Mun Use• 50-123 Canyon Spring 4.0 CFS• 50-456 City Hall Well 4.2 CFS• 50-789 Fire House Well 5.0 CFS• 50-1002 Golf Course Well 4.8 CFS• 50-1750 Aspen Lane Well 3.5 CFS

Total21.5 CFS

15,565 AF

Monthly Municipal Demand

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Monthly VolumeBy 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.

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BERYL/ ENTERPRISE GROUNDWATER LEVELSWell (C-34-16)22bad- 1)

Water Level Decline (1976 - 2003) : 25.28 ft or 0.90 ft per year WL% change from 2002 : down 3.13% or 1.57 ft

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BERYL/ ENTERPRISE GROUNDWATER LEVELSWell (C-36-16)31acc- 1)

MANAGEMENT OF UTAH’SGROUND-WATER RESOURCES

Legislative WaterIssues 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 impactsGradual implement safe yield limits

• Public notice & involvement

• MAJOR STEP FORWARD

HB 38 – Water Reuse

• Reuse ProjectMunicipal water rightsConsistent - underlying water right

• Reuse authorization contractParties to the contractThe contract provisionsSubmitted w/ application

• State engineer application process

Water Issues Task Force - 2006• HB 357 - Proposes to review

Instream Flow Water ConservationWater financing andAny other issue that affects the

state's development or management of water.

• Get Involved

Update Division of Water Rights

• Staff ChangesRetirements Kerry Carpenter – EnforcementMarc Stilson – SE Regional Engineer

• Applications and Records SectionChange Appl. vs Appl. to Appropriate John Solum & Jared Manning

WATER RIGHT APPLICATIONSProofs & Certificates

Update Division of Water Rights (cont’d)

• Adjudication TeamPD Book 4, Area 29 (Lower Bear River)

• Plans for 2006-07Bear RiverAshley ValleyCastle Valley

Tooele Valley• Real-Time Water Distribution• Ground-Water Management

And Water Is The ResourceThat 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?