BENEFICIAL USE
Declarations & Apportionment
57-3-109 Water Rights Addenda
• Passed in 2010; effective 7-1-2011• Applies to deeds that
– Convey fee simple title to land– Convey title to water rights without conveying
title to land.
• The addendum– Identifies & describes water rights transferred
OR– States no water rights were transferred
• Both seller & buyer must sign
57-3-109 Water Rights Addenda
• Forms available on Division website will be forwarded by county recorders to the Division after July 1, 2011.
• An addendum will serve as a ROC for the specified water right.
• If the grantor is the listed owner of record, the Division will update ownership from the addendum.
• Notice will be provided to grantee when an ownership update has been completed.
57-3-109 Water Rights Addenda
WATER DEED LAND DEED
Declarations & Apportionment Summary
• Review– Definitions– When is a Declaration necessary?– Exceptions
• The Declaration process• The Apportionment process
95-16 95-17
95-18 95-19
95-20 95-97
95-16 95-17
95-18 95-19
95-20 95-29
95-97 95-189
WATER USE GROUP No. 618450
(62.64 ac irrigation)
WATER USE GROUP No. 618451
(47.06 ac irrigation)
Beneficial Use Amount the amount of beneficial
use a water right contributes to a water use
group
Sole Supply the amount of beneficial use allowed under a right on its own; the sum of its beneficial use amounts
Beneficial Use
Supplemental Water Rights
DEFINITIONS
When is a Declaration Required?
PROOF OWNERSHIP
NO
YES YES
NO
YES YES
NO NOPROOF ON LESS THAN ALL RIGHTS NO
DOES DEED CONVEYING WR SPECIFY
OR
NO
YES YES YES
RETURN WITH EXPLANATION
NO
NO
NO
NO DECLARATION
REQUIRED MOVE
FORWARD WITH ADMIN.
ACTION
NO DECLARATION REQUIRED MOVE FORWARD WITH
ADMINISTRATIVE ACTION
DOES HEREAFTER OF CHANGE BREAK SUPPLEMENTAL RELATIONSHIP?
YES
CHANGE POD TO SENSITIVE SOURCE?
YES
IS BENEFICIAL USE / SOLE SUPPLY UNDEFINED?
YES
YES
YES
YES
YES
DECLARATION REQUIRED SIGNED BY ALL WATER USERS DOCUMENTATION SE FORM OR EQUIVALENT
IS WATER USER ABLE TO COMPLETE DECLARATION? CANNOT LOCATE OTHER WR HOLDERS? UNCOOPERATIVE WR HOLDER? OTHER?
SUBMIT APPORTIONMENT APPLICATION SE FORM OR EQUIVQLENT
IS DECLARATION COMPLETE, SIGNED AND CONSISTENT WITH STATE ENGINEER RECORD
AMOUNT OF BENEFICIAL
USE CONVEYED?
NO DECLARATION
REQUIRED MOVE FORWARD
WITH ADMINISTRATIVE
ACTIONNO NO
DIFFERENT OWNERS
R655-16 FLOW CHART - DECLARATIONS OF BENEFICIAL USE
NO
CHANGE
CHANGE ON LESS THAN ALL RIGHTS
IN GROUP?
CHANGE REMOVES WR FROM GROUP?
YES
YES
SEGREGATION
SUPPLEMENTAL WITH OTHER RIGHTS IN WATER USE GROUP?
INFORM APPLICANT TO NOTIFY PARTIES
PREPARE PRELIM APPORTIONMENT
YESADEQUATE EFFORT?
AFTER RECONSIDER / APPEAL DEADLINES: MOVE FORWARD
WITH ADMINISTRATIVE ACTION
HOLD HEARING IF NECESSARY
FINAL APPORTIONMENT - OSE UPDATE RECORDS
RECONSIDER - 20 DAYS / APPEAL - 30 DAYS
RETURN WITH EXPLANATION
FILE & UPDATE RECORDS MOVE FORWARD WITH ADMINISTRATIVE ACTION
REQUEST INFO. - 30 DAYS FOR RESPONSE
NOTIFY PARTIES - 30 DAY COMMENT
HOLD PRELIM HEARING IF NECESSARY
COMPLETE AND MEETS CRITERIA?
YES
Online Instructions
Declaration Form
Return Letter
Acceptance Letter
Online Instructions
Application Form
LetterRequest Letter
Hearing Notice
Notice of Preliminary Apportionment
OSE
Acceptance Letter
Hearing Notice
PROOF OWNERSHIP
NO
YES YES
NO
YES YES
NO NOPROOF ON LESS THAN ALL RIGHTS NO
DOES DEED CONVEYING WR SPECIFY
OR
NO
YES YES YES
RETURN WITH EXPLANATION
NO
NO
NO
NO DECLARATION
REQUIRED MOVE
FORWARD WITH ADMIN.
ACTION
NO DECLARATION REQUIRED MOVE FORWARD WITH
ADMINISTRATIVE ACTION
DOES HEREAFTER OF CHANGE BREAK SUPPLEMENTAL RELATIONSHIP?
YES
CHANGE POD TO SENSITIVE SOURCE?
YES
IS BENEFICIAL USE / SOLE SUPPLY UNDEFINED?
YES
YES
YES
YES
YES
DECLARATION REQUIRED SIGNED BY ALL WATER USERS DOCUMENTATION SE FORM OR EQUIVALENT
IS WATER USER ABLE TO COMPLETE DECLARATION? CANNOT LOCATE OTHER WR HOLDERS? UNCOOPERATIVE WR HOLDER? OTHER?
SUBMIT APPORTIONMENT APPLICATION SE FORM OR EQUIVQLENT
IS DECLARATION COMPLETE, SIGNED AND CONSISTENT WITH STATE ENGINEER RECORD
AMOUNT OF BENEFICIAL
USE CONVEYED?
NO DECLARATION
REQUIRED MOVE FORWARD
WITH ADMINISTRATIVE
ACTIONNO NO
DIFFERENT OWNERS
R655-16 FLOW CHART - DECLARATIONS OF BENEFICIAL USE
NO
CHANGE
CHANGE ON LESS THAN ALL RIGHTS
IN GROUP?
CHANGE REMOVES WR FROM GROUP?
YES
YES
SEGREGATION
SUPPLEMENTAL WITH OTHER RIGHTS IN WATER USE GROUP?
INFORM APPLICANT TO NOTIFY PARTIES
PREPARE PRELIM APPORTIONMENT
YESADEQUATE EFFORT?
AFTER RECONSIDER / APPEAL DEADLINES: MOVE FORWARD
WITH ADMINISTRATIVE ACTION
HOLD HEARING IF NECESSARY
FINAL APPORTIONMENT - OSE UPDATE RECORDS
RECONSIDER - 20 DAYS / APPEAL - 30 DAYS
RETURN WITH EXPLANATION
FILE & UPDATE RECORDS MOVE FORWARD WITH ADMINISTRATIVE ACTION
REQUEST INFO. - 30 DAYS FOR RESPONSE
NOTIFY PARTIES - 30 DAY COMMENT
HOLD PRELIM HEARING IF NECESSARY
COMPLETE AND MEETS CRITERIA?
YES
Online Instructions
Declaration Form
Return Letter
Acceptance Letter
Online Instructions
Application Form
LetterRequest Letter
Hearing Notice
Notice of Preliminary Apportionment
OSE
Acceptance Letter
Hearing Notice
PROOF OWNERSHIP
NO
YES YES
NO
YES YES
NO NOPROOF ON LESS THAN ALL RIGHTS NO
DOES DEED CONVEYING WR SPECIFY
OR
NO
YES YES YES
RETURN WITH EXPLANATION
NO
NO
NO
NO DECLARATION
REQUIRED MOVE
FORWARD WITH ADMIN.
ACTION
NO DECLARATION REQUIRED MOVE FORWARD WITH
ADMINISTRATIVE ACTION
DOES HEREAFTER OF CHANGE BREAK SUPPLEMENTAL RELATIONSHIP?
YES
CHANGE POD TO SENSITIVE SOURCE?
YES
IS BENEFICIAL USE / SOLE SUPPLY UNDEFINED?
YES
YES
YES
YES
YES
DECLARATION REQUIRED SIGNED BY ALL WATER USERS DOCUMENTATION SE FORM OR EQUIVALENT
IS WATER USER ABLE TO COMPLETE DECLARATION? CANNOT LOCATE OTHER WR HOLDERS? UNCOOPERATIVE WR HOLDER? OTHER?
SUBMIT APPORTIONMENT APPLICATION SE FORM OR EQUIVQLENT
IS DECLARATION COMPLETE, SIGNED AND CONSISTENT WITH STATE ENGINEER RECORD
AMOUNT OF BENEFICIAL
USE CONVEYED?
NO DECLARATION
REQUIRED MOVE FORWARD
WITH ADMINISTRATIVE
ACTIONNO NO
DIFFERENT OWNERS
R655-16 FLOW CHART - DECLARATIONS OF BENEFICIAL USE
NO
CHANGE
CHANGE ON LESS THAN ALL RIGHTS
IN GROUP?
CHANGE REMOVES WR FROM GROUP?
YES
YES
SEGREGATION
SUPPLEMENTAL WITH OTHER RIGHTS IN WATER USE GROUP?
INFORM APPLICANT TO NOTIFY PARTIES
PREPARE PRELIM APPORTIONMENT
YESADEQUATE EFFORT?
AFTER RECONSIDER / APPEAL DEADLINES: MOVE FORWARD
WITH ADMINISTRATIVE ACTION
HOLD HEARING IF NECESSARY
FINAL APPORTIONMENT - OSE UPDATE RECORDS
RECONSIDER - 20 DAYS / APPEAL - 30 DAYS
RETURN WITH EXPLANATION
FILE & UPDATE RECORDS MOVE FORWARD WITH ADMINISTRATIVE ACTION
REQUEST INFO. - 30 DAYS FOR RESPONSE
NOTIFY PARTIES - 30 DAY COMMENT
HOLD PRELIM HEARING IF NECESSARY
COMPLETE AND MEETS CRITERIA?
YES
Online Instructions
Declaration Form
Return Letter
Acceptance Letter
Online Instructions
Application Form
LetterRequest Letter
Hearing Notice
Notice of Preliminary Apportionment
OSE
Acceptance Letter
Hearing Notice
PROOF OWNERSHIP
NO
YES YES
NO
YES YES
NO NOPROOF ON LESS THAN ALL RIGHTS NO
DOES DEED CONVEYING WR SPECIFY
OR
NO
YES YES YES
RETURN WITH EXPLANATION
NO
NO
NO
NO DECLARATION
REQUIRED MOVE
FORWARD WITH ADMIN.
ACTION
NO DECLARATION REQUIRED MOVE FORWARD WITH
ADMINISTRATIVE ACTION
DOES HEREAFTER OF CHANGE BREAK SUPPLEMENTAL RELATIONSHIP?
YES
CHANGE POD TO SENSITIVE SOURCE?
YES
IS BENEFICIAL USE / SOLE SUPPLY UNDEFINED?
YES
YES
YES
YES
YES
DECLARATION REQUIRED SIGNED BY ALL WATER USERS DOCUMENTATION SE FORM OR EQUIVALENT
IS WATER USER ABLE TO COMPLETE DECLARATION? CANNOT LOCATE OTHER WR HOLDERS? UNCOOPERATIVE WR HOLDER? OTHER?
SUBMIT APPORTIONMENT APPLICATION SE FORM OR EQUIVQLENT
IS DECLARATION COMPLETE, SIGNED AND CONSISTENT WITH STATE ENGINEER RECORD
AMOUNT OF BENEFICIAL
USE CONVEYED?
NO DECLARATION
REQUIRED MOVE FORWARD
WITH ADMINISTRATIVE
ACTIONNO NO
DIFFERENT OWNERS
R655-16 FLOW CHART - DECLARATIONS OF BENEFICIAL USE
NO
CHANGE
CHANGE ON LESS THAN ALL RIGHTS
IN GROUP?
CHANGE REMOVES WR FROM GROUP?
YES
YES
SEGREGATION
SUPPLEMENTAL WITH OTHER RIGHTS IN WATER USE GROUP?
INFORM APPLICANT TO NOTIFY PARTIES
PREPARE PRELIM APPORTIONMENT
YESADEQUATE EFFORT?
AFTER RECONSIDER / APPEAL DEADLINES: MOVE FORWARD
WITH ADMINISTRATIVE ACTION
HOLD HEARING IF NECESSARY
FINAL APPORTIONMENT - OSE UPDATE RECORDS
RECONSIDER - 20 DAYS / APPEAL - 30 DAYS
RETURN WITH EXPLANATION
FILE & UPDATE RECORDS MOVE FORWARD WITH ADMINISTRATIVE ACTION
REQUEST INFO. - 30 DAYS FOR RESPONSE
NOTIFY PARTIES - 30 DAY COMMENT
HOLD PRELIM HEARING IF NECESSARY
COMPLETE AND MEETS CRITERIA?
YES
Online Instructions
Declaration Form
Return Letter
Acceptance Letter
Online Instructions
Application Form
LetterRequest Letter
Hearing Notice
Notice of Preliminary Apportionment
OSE
Acceptance Letter
Hearing Notice
General Guidelines • Whenever an administrative action
requires a definition of a supplemental water right in a water use group that isn’t defined (change application or segregation)
• Whenever someone is attempting to define a supplemental water right in a water use group that isn’t defined (proof or ownership).
Exceptions • Declarations not required for water
use groups created for public water suppliers that group rights within a geographic area rather than describe extent of beneficial use.
• Declarations may be waived for temporary changes
The Declaration Process
PROOF OWNERSHIP
NO
YES YES
NO
YES YES
NO NOPROOF ON LESS THAN ALL RIGHTS NO
DOES DEED CONVEYING WR SPECIFY
OR
NO
YES YES YES
RETURN WITH EXPLANATION
NO
NO
NO
NO DECLARATION
REQUIRED MOVE
FORWARD WITH ADMIN.
ACTION
NO DECLARATION REQUIRED MOVE FORWARD WITH
ADMINISTRATIVE ACTION
DOES HEREAFTER OF CHANGE BREAK SUPPLEMENTAL RELATIONSHIP?
YES
CHANGE POD TO SENSITIVE SOURCE?
YES
IS BENEFICIAL USE / SOLE SUPPLY UNDEFINED?
YES
YES
YES
YES
YES
DECLARATION REQUIRED SIGNED BY ALL WATER USERS DOCUMENTATION SE FORM OR EQUIVALENT
IS WATER USER ABLE TO COMPLETE DECLARATION? CANNOT LOCATE OTHER WR HOLDERS? UNCOOPERATIVE WR HOLDER? OTHER?
SUBMIT APPORTIONMENT APPLICATION SE FORM OR EQUIVQLENT
IS DECLARATION COMPLETE, SIGNED AND CONSISTENT WITH STATE ENGINEER RECORD
AMOUNT OF BENEFICIAL
USE CONVEYED?
NO DECLARATION
REQUIRED MOVE FORWARD
WITH ADMINISTRATIVE
ACTIONNO NO
DIFFERENT OWNERS
R655-16 FLOW CHART - DECLARATIONS OF BENEFICIAL USE
NO
CHANGE
CHANGE ON LESS THAN ALL RIGHTS
IN GROUP?
CHANGE REMOVES WR FROM GROUP?
YES
YES
SEGREGATION
SUPPLEMENTAL WITH OTHER RIGHTS IN WATER USE GROUP?
INFORM APPLICANT TO NOTIFY PARTIES
PREPARE PRELIM APPORTIONMENT
YESADEQUATE EFFORT?
AFTER RECONSIDER / APPEAL DEADLINES: MOVE FORWARD
WITH ADMINISTRATIVE ACTION
HOLD HEARING IF NECESSARY
FINAL APPORTIONMENT - OSE UPDATE RECORDS
RECONSIDER - 20 DAYS / APPEAL - 30 DAYS
RETURN WITH EXPLANATION
FILE & UPDATE RECORDS MOVE FORWARD WITH ADMINISTRATIVE ACTION
REQUEST INFO. - 30 DAYS FOR RESPONSE
NOTIFY PARTIES - 30 DAY COMMENT
HOLD PRELIM HEARING IF NECESSARY
COMPLETE AND MEETS CRITERIA?
YES
Online Instructions
Declaration Form
Return Letter
Acceptance Letter
Online Instructions
Application Form
LetterRequest Letter
Hearing Notice
Notice of Preliminary Apportionment
OSE
Acceptance Letter
Hearing Notice
http://www.waterrights.utah.gov/
APPLICATIONS & FORMS PAGE
DECLARATION OF BENEFICIAL USE FORM
Declaration Review
• Who Can Sign– The water right holder shown on
the SE records– Ownership must be updated before
a water user can sign a declaration.– An authorized agent of the water
right holder shown on the SE records (a written authorization must be filed)
Declarations Review
• Acceptable Methods - Dividing Beneficial Use– Based on the long-term average
annual beneficial use of each water right
– Based on any other evaluation method consistent with the SE's records.
– May require additional documentation.
Check boxes that correspond to the flaw
in the declaration
Explanation if declaration is not consistent with SE
records
Sent to all WR owners shown on S.E. database
Sent to all WR owners shown on S.E. database
The Apportionment Process
PROOF OWNERSHIP
NO
YES YES
NO
YES YES
NO NOPROOF ON LESS THAN ALL RIGHTS NO
DOES DEED CONVEYING WR SPECIFY
OR
NO
YES YES YES
RETURN WITH EXPLANATION
NO
NO
NO
NO DECLARATION
REQUIRED MOVE
FORWARD WITH ADMIN.
ACTION
NO DECLARATION REQUIRED MOVE FORWARD WITH
ADMINISTRATIVE ACTION
DOES HEREAFTER OF CHANGE BREAK SUPPLEMENTAL RELATIONSHIP?
YES
CHANGE POD TO SENSITIVE SOURCE?
YES
IS BENEFICIAL USE / SOLE SUPPLY UNDEFINED?
YES
YES
YES
YES
YES
DECLARATION REQUIRED SIGNED BY ALL WATER USERS DOCUMENTATION SE FORM OR EQUIVALENT
IS WATER USER ABLE TO COMPLETE DECLARATION? CANNOT LOCATE OTHER WR HOLDERS? UNCOOPERATIVE WR HOLDER? OTHER?
SUBMIT APPORTIONMENT APPLICATION SE FORM OR EQUIVQLENT
IS DECLARATION COMPLETE, SIGNED AND CONSISTENT WITH STATE ENGINEER RECORD
AMOUNT OF BENEFICIAL
USE CONVEYED?
NO DECLARATION
REQUIRED MOVE FORWARD
WITH ADMINISTRATIVE
ACTIONNO NO
DIFFERENT OWNERS
R655-16 FLOW CHART - DECLARATIONS OF BENEFICIAL USE
NO
CHANGE
CHANGE ON LESS THAN ALL RIGHTS
IN GROUP?
CHANGE REMOVES WR FROM GROUP?
YES
YES
SEGREGATION
SUPPLEMENTAL WITH OTHER RIGHTS IN WATER USE GROUP?
INFORM APPLICANT TO NOTIFY PARTIES
PREPARE PRELIM APPORTIONMENT
YESADEQUATE EFFORT?
AFTER RECONSIDER / APPEAL DEADLINES: MOVE FORWARD
WITH ADMINISTRATIVE ACTION
HOLD HEARING IF NECESSARY
FINAL APPORTIONMENT - OSE UPDATE RECORDS
RECONSIDER - 20 DAYS / APPEAL - 30 DAYS
RETURN WITH EXPLANATION
FILE & UPDATE RECORDS MOVE FORWARD WITH ADMINISTRATIVE ACTION
REQUEST INFO. - 30 DAYS FOR RESPONSE
NOTIFY PARTIES - 30 DAY COMMENT
HOLD PRELIM HEARING IF NECESSARY
COMPLETE AND MEETS CRITERIA?
YES
Online Instructions
Declaration Form
Return Letter
Acceptance Letter
Online Instructions
Application Form
LetterRequest Letter
Hearing Notice
Notice of Preliminary Apportionment
OSE
Acceptance Letter
Hearing Notice
http://www.waterrights.utah.gov/
APPLICATIONS & FORMS PAGE
APPLICATION TO APPORTION BENEFICIAL USE AMOUNTS
Acceptable Effort
• Did the applicant seek qualified professional assistance in resolving any of the issues preventing the completion of a Declaration?
Acceptable Effort• Identify and Locate
– Research S.E. records?– Research county recorders records?– Research state & federal agency?– Contact neighboring water users /
property owners?– Research historical records?– Contact local water use groups /
authorities/– Internet search?– Telephone search?– Log of efforts?
Acceptable Effort
• Contact – Contact every water right owner or
successor by phone on in person?– Send a certified letter, response
requested to every water right owner or successor.
– Follow up after 30 days with regular mail letter?
– Receive returned envelope showing no forwarding address?
Acceptable Effort• Reach Agreement
– Meet or communicate with other water users and determine no possibility of reaching agreement?
– Were water users willing but unable to determine how to divide beneficial uses?
• Sworn & Verified Affidavit– Steps taken and efforts made– Unsuccessful results and reasons– Why water users cannot agree– Other problem that cannot be resolved.
Check boxes that correspond to the flaw
in the application
Explanation if effort to complete a Declaration is
not adequate
Sent only to applicant
Assigned to Regional Office
Applicant must notify other parties in water
use group
Description of apportionment process
WR Owner Possible WR Owner
Generally addressed Specifically addressed
Requirement – update title to be recognized as a party
REQUEST FOR INFORMATION
WR Owner Possible WR Owner
If ownership not updated may not receive further correspondence
REQUEST FOR INFORMATION
PROOF OWNERSHIP
NO
YES YES
NO
YES YES
NO NOPROOF ON LESS THAN ALL RIGHTS NO
DOES DEED CONVEYING WR SPECIFY
OR
NO
YES YES YES
RETURN WITH EXPLANATION
NO
NO
NO
NO DECLARATION
REQUIRED MOVE
FORWARD WITH ADMIN.
ACTION
NO DECLARATION REQUIRED MOVE FORWARD WITH
ADMINISTRATIVE ACTION
DOES HEREAFTER OF CHANGE BREAK SUPPLEMENTAL RELATIONSHIP?
YES
CHANGE POD TO SENSITIVE SOURCE?
YES
IS BENEFICIAL USE / SOLE SUPPLY UNDEFINED?
YES
YES
YES
YES
YES
DECLARATION REQUIRED SIGNED BY ALL WATER USERS DOCUMENTATION SE FORM OR EQUIVALENT
IS WATER USER ABLE TO COMPLETE DECLARATION? CANNOT LOCATE OTHER WR HOLDERS? UNCOOPERATIVE WR HOLDER? OTHER?
SUBMIT APPORTIONMENT APPLICATION SE FORM OR EQUIVQLENT
IS DECLARATION COMPLETE, SIGNED AND CONSISTENT WITH STATE ENGINEER RECORD
AMOUNT OF BENEFICIAL
USE CONVEYED?
NO DECLARATION
REQUIRED MOVE FORWARD
WITH ADMINISTRATIVE
ACTIONNO NO
DIFFERENT OWNERS
R655-16 FLOW CHART - DECLARATIONS OF BENEFICIAL USE
NO
CHANGE
CHANGE ON LESS THAN ALL RIGHTS
IN GROUP?
CHANGE REMOVES WR FROM GROUP?
YES
YES
SEGREGATION
SUPPLEMENTAL WITH OTHER RIGHTS IN WATER USE GROUP?
INFORM APPLICANT TO NOTIFY PARTIES
PREPARE PRELIM APPORTIONMENT
YESADEQUATE EFFORT?
AFTER RECONSIDER / APPEAL DEADLINES: MOVE FORWARD
WITH ADMINISTRATIVE ACTION
HOLD HEARING IF NECESSARY
FINAL APPORTIONMENT - OSE UPDATE RECORDS
RECONSIDER - 20 DAYS / APPEAL - 30 DAYS
RETURN WITH EXPLANATION
FILE & UPDATE RECORDS MOVE FORWARD WITH ADMINISTRATIVE ACTION
REQUEST INFO. - 30 DAYS FOR RESPONSE
NOTIFY PARTIES - 30 DAY COMMENT
HOLD PRELIM HEARING IF NECESSARY
COMPLETE AND MEETS CRITERIA?
YES
Online Instructions
Declaration Form
Return Letter
Acceptance Letter
Online Instructions
Application Form
LetterRequest Letter
Hearing Notice
Notice of Preliminary Apportionment
OSE
Acceptance Letter
Hearing Notice
NOTICE OF HEARING
PROOF OWNERSHIP
NO
YES YES
NO
YES YES
NO NOPROOF ON LESS THAN ALL RIGHTS NO
DOES DEED CONVEYING WR SPECIFY
OR
NO
YES YES YES
RETURN WITH EXPLANATION
NO
NO
NO
NO DECLARATION
REQUIRED MOVE
FORWARD WITH ADMIN.
ACTION
NO DECLARATION REQUIRED MOVE FORWARD WITH
ADMINISTRATIVE ACTION
DOES HEREAFTER OF CHANGE BREAK SUPPLEMENTAL RELATIONSHIP?
YES
CHANGE POD TO SENSITIVE SOURCE?
YES
IS BENEFICIAL USE / SOLE SUPPLY UNDEFINED?
YES
YES
YES
YES
YES
DECLARATION REQUIRED SIGNED BY ALL WATER USERS DOCUMENTATION SE FORM OR EQUIVALENT
IS WATER USER ABLE TO COMPLETE DECLARATION? CANNOT LOCATE OTHER WR HOLDERS? UNCOOPERATIVE WR HOLDER? OTHER?
SUBMIT APPORTIONMENT APPLICATION SE FORM OR EQUIVQLENT
IS DECLARATION COMPLETE, SIGNED AND CONSISTENT WITH STATE ENGINEER RECORD
AMOUNT OF BENEFICIAL
USE CONVEYED?
NO DECLARATION
REQUIRED MOVE FORWARD
WITH ADMINISTRATIVE
ACTIONNO NO
DIFFERENT OWNERS
R655-16 FLOW CHART - DECLARATIONS OF BENEFICIAL USE
NO
CHANGE
CHANGE ON LESS THAN ALL RIGHTS
IN GROUP?
CHANGE REMOVES WR FROM GROUP?
YES
YES
SEGREGATION
SUPPLEMENTAL WITH OTHER RIGHTS IN WATER USE GROUP?
INFORM APPLICANT TO NOTIFY PARTIES
PREPARE PRELIM APPORTIONMENT
YESADEQUATE EFFORT?
AFTER RECONSIDER / APPEAL DEADLINES: MOVE FORWARD
WITH ADMINISTRATIVE ACTION
HOLD HEARING IF NECESSARY
FINAL APPORTIONMENT - OSE UPDATE RECORDS
RECONSIDER - 20 DAYS / APPEAL - 30 DAYS
RETURN WITH EXPLANATION
FILE & UPDATE RECORDS MOVE FORWARD WITH ADMINISTRATIVE ACTION
REQUEST INFO. - 30 DAYS FOR RESPONSE
NOTIFY PARTIES - 30 DAY COMMENT
HOLD PRELIM HEARING IF NECESSARY
COMPLETE AND MEETS CRITERIA?
YES
Online Instructions
Declaration Form
Return Letter
Acceptance Letter
Online Instructions
Application Form
LetterRequest Letter
Hearing Notice
Notice of Preliminary Apportionment
OSE
Acceptance Letter
Hearing Notice
Apportioning Beneficial Use• Which WR must be apportioned?• Gather & Review Information
– Info from application– Info received pursuant to request– Other pertinent information (including SE
records)
• Field inspection– Extent of observable beneficial use– Relationship of sources and place(s) of
use.
Apportioning Beneficial Use• Things to consider:
– Water use patterns & history– Priority dates– Land use patterns– Relative sizes of parcels /ownership– Relative flows/AF allowed under each WR– Relationship of sources and place(s) of use
• Is there adequate info to apportion all WR in the group?
“Unevaluated” label on those rights not
apportioned
No right of appeal at this stage of the process
How to comment on the preliminary apportionment
Description of the remainder of the process
Sent to all water right owners in water use
group and the applicant
PROOF OWNERSHIP
NO
YES YES
NO
YES YES
NO NOPROOF ON LESS THAN ALL RIGHTS NO
DOES DEED CONVEYING WR SPECIFY
OR
NO
YES YES YES
RETURN WITH EXPLANATION
NO
NO
NO
NO DECLARATION
REQUIRED MOVE
FORWARD WITH ADMIN.
ACTION
NO DECLARATION REQUIRED MOVE FORWARD WITH
ADMINISTRATIVE ACTION
DOES HEREAFTER OF CHANGE BREAK SUPPLEMENTAL RELATIONSHIP?
YES
CHANGE POD TO SENSITIVE SOURCE?
YES
IS BENEFICIAL USE / SOLE SUPPLY UNDEFINED?
YES
YES
YES
YES
YES
DECLARATION REQUIRED SIGNED BY ALL WATER USERS DOCUMENTATION SE FORM OR EQUIVALENT
IS WATER USER ABLE TO COMPLETE DECLARATION? CANNOT LOCATE OTHER WR HOLDERS? UNCOOPERATIVE WR HOLDER? OTHER?
SUBMIT APPORTIONMENT APPLICATION SE FORM OR EQUIVQLENT
IS DECLARATION COMPLETE, SIGNED AND CONSISTENT WITH STATE ENGINEER RECORD
AMOUNT OF BENEFICIAL
USE CONVEYED?
NO DECLARATION
REQUIRED MOVE FORWARD
WITH ADMINISTRATIVE
ACTIONNO NO
DIFFERENT OWNERS
R655-16 FLOW CHART - DECLARATIONS OF BENEFICIAL USE
NO
CHANGE
CHANGE ON LESS THAN ALL RIGHTS
IN GROUP?
CHANGE REMOVES WR FROM GROUP?
YES
YES
SEGREGATION
SUPPLEMENTAL WITH OTHER RIGHTS IN WATER USE GROUP?
INFORM APPLICANT TO NOTIFY PARTIES
PREPARE PRELIM APPORTIONMENT
YESADEQUATE EFFORT?
AFTER RECONSIDER / APPEAL DEADLINES: MOVE FORWARD
WITH ADMINISTRATIVE ACTION
HOLD HEARING IF NECESSARY
FINAL APPORTIONMENT - OSE UPDATE RECORDS
RECONSIDER - 20 DAYS / APPEAL - 30 DAYS
RETURN WITH EXPLANATION
FILE & UPDATE RECORDS MOVE FORWARD WITH ADMINISTRATIVE ACTION
REQUEST INFO. - 30 DAYS FOR RESPONSE
NOTIFY PARTIES - 30 DAY COMMENT
HOLD PRELIM HEARING IF NECESSARY
COMPLETE AND MEETS CRITERIA?
YES
Online Instructions
Declaration Form
Return Letter
Acceptance Letter
Online Instructions
Application Form
LetterRequest Letter
Hearing Notice
Notice of Preliminary Apportionment
OSE
Acceptance Letter
Hearing Notice
Order of the State Engineer
• Beneficial use amount of each water right apportioned
• Process similar for issuing OSEs on other applications
• Final action– May request reconsideration (20 days)
– May file for de novo review (30 days)
PROOF OWNERSHIP
NO
YES YES
NO
YES YES
NO NOPROOF ON LESS THAN ALL RIGHTS NO
DOES DEED CONVEYING WR SPECIFY
OR
NO
YES YES YES
RETURN WITH EXPLANATION
NO
NO
NO
AFTER RECONSIDER / APPEAL DEADLINES: MOVE FORWARD
WITH ADMINISTRATIVE ACTION
HOLD HEARING IF NECESSARY
FINAL APPORTIONMENT - OSE UPDATE RECORDS
RECONSIDER - 20 DAYS / APPEAL - 30 DAYS
RETURN WITH EXPLANATION
FILE & UPDATE RECORDS MOVE FORWARD WITH ADMINISTRATIVE ACTION
REQUEST INFO. - 30 DAYS FOR RESPONSE
NOTIFY PARTIES - 30 DAY PROTEST
HOLD PRELIM HEARING IF NECESSARY
COMPLETE AND MEETS CRITERIA?
YESINFORM APPLICANT TO NOTIFY PARTIES
PREPARE PRELIM APPORTIONMENT
YESADEQUATE EFFORT?
R655-16 FLOW CHART - DECLARATIONS OF BENEFICIAL USE
NO
CHANGE
CHANGE ON LESS THAN ALL RIGHTS
IN GROUP?
CHANGE REMOVES WR FROM GROUP?
YES
YES
SEGREGATION
SUPPLEMENTAL WITH OTHER RIGHTS IN WATER USE GROUP?
NO DECLARATION
REQUIRED MOVE FORWARD
WITH ADMINISTRATIVE
ACTIONNO NO
DIFFERENT OWNERS
YES
YES
YES
YES
DECLARATION REQUIRED SIGNED BY ALL WATER USERS DOCUMENTATION SE FORM OR EQUIVALENT
IS WATER USER ABLE TO COMPLETE DECLARATION? CANNOT LOCATE OTHER WR HOLDERS? UNCOOPERATIVE WR HOLDER? OTHER?
SUBMIT APPORTIONMENT APPLICATION SE FORM OR EQUIVQLENT
IS DECLARATION COMPLETE, SIGNED AND CONSISTENT WITH STATE ENGINEER RECORD
AMOUNT OF BENEFICIAL
USE CONVEYED?
NO DECLARATION
REQUIRED MOVE
FORWARD WITH ADMIN.
ACTION
NO DECLARATION REQUIRED MOVE FORWARD WITH
ADMINISTRATIVE ACTION
DOES HEREAFTER OF CHANGE BREAK SUPPLEMENTAL RELATIONSHIP?
YES
CHANGE POD TO SENSITIVE SOURCE?
YES
IS BENEFICIAL USE / SOLE SUPPLY UNDEFINED?
YES
Online Instructions
Declaration Form
Online Instructions
Application Form
QUESTIONS?