Utah Water User’s Workshop

Efficiency & Water Rights Enforcement

Jerry Olds

State Engineer

March 2005

Objectives

• Water Use Efficiency

• Upper Colorado River Basin

• Water Rights Enforcement

• Water Management

• Questions / Comments

Gas $2.00 Gallon Water $4.00 Gallon

UT

Case Study Cottonwood Creek 3.75 cfs 250 acres

Irr Duty 4.0 AF/A

Div. Allowance 1000 AF/YrAverage diversion 850 AF/Yr

Shortages inJuly, Aug & Sep

50%

75%

Comparsion of Irrigation Requirements / Flood vs Sprinkler

2

2

2

0.67

0 1 2 3 4 5

FloodIrrigation

SprinklerIrrigation

Acre-FeetConsumptive UseApplication/Conveyance Losses

75% Efficiency

50%

Flood Irrigation

0

100

200

300

April May June July Aug Sept Oct

Month

Acr

e-F

eet

/ M

on

th

Conveyance & Application Losses

Consumptive Use

Water Supply

Shortages

Actual Irrigation Practices

0

100

200

300

April May June July Aug Sept Oct

Month

Acr

e-F

eet

/ M

on

th

Actual Conv & Appl Losses

Actual Cons. Use

Water Supply

Sprinkler Irrigation

0

100

200

300

April May June July Aug Sept Oct

Month

Acr

e-F

eet

/ M

on

th

Consumptive Use Application Losses

Water Supply

Improved Irrigation Efficiency• Benefits to the system

Reduced diversions Improved water quality On farm

Increased crop yieldsReduced labor costs

• Impacts on the system

Increased depletion of ~150 AF

Decreased stream flows late summerReturn flows- timing is changed

• Water Right Issues

Utah’s Apportionment (23%) 1,369,000 AF

Current Depletion 1,007,500 AF

Remaining Depletion 361,500 AF

Utah’sUpper Colorado River

Entitlement & Current Depletions

Applicant Quantity (Ac Ft)San Juan County WCD 30,000Central Utah WCD 20,500Board of W R (etal) 158,000Wayne County WCD 50,000Kane County WCD 30,000Sanpete WCD 5,600Uintah County WCD 5,000Others 78,000Ute Tribe ? 110,000  TOTAL 487,000487,000

Potential DepletionApproved Applications (Undeveloped)

Upper Colorado River, Current Water Appropriation Guidelines

• Small applications, 1 family, 1 acres irrigation & 10 head livestock

• Fixed time applications• Larger applications

<<<<<>>>>>• Do we need to evaluate these guidelines?• Best long-term interest of Utah?• Public meetings / Comments

Do you believe stealing water is a crime?

1. What is the valueof water?2. Does stealing

water harm others?

3. Should someone gain financially from stealing water?

4. Should there bea penalty for

stealing water?

Case Study – Mr. Smith Farm• On July 31, 2003, an unsigned letter

was received stating that “Mr. Smith has been farming 120 acres with 50 acres of right, and its about time you boys did something about it."

• Investigation showed certificated water right for 50 acres, no other water rights for the property.

• Mr. Smith is irrigating 118.5 acres, of which 68.5 acres are without a water rights.

Action Taken by State EngineerRegarding the Smith Water Use

• Notice of unlawful use of water, 8/4/2003

• No response

• Staff called Mr. Smith, he said he “would get right on it”.

• Notice of Agency Action sent 8/28/2003.

• NO RESPONSE

SIMPLIFIEDFLOW CHART

OF THE UTAH

ADMINISTRATIVE PROCEDURES

ACT (UAPA)

Time and Resources Required to Enforce Water Law

• Time requirementMinimum - 6 weeksRealistic time – 6 months

• Staff requirementsEngineersAttorneys

• Class B MisdemeanorMax. $500

Calendar

Legislative Water Task Force• Water Rights Enforcement Bills

HB 29 – SE’s Powers & DutiesHB 38 – Criminal PenaltiesHB 157 – Admin. Enforcement

Procedures & Penalties• Acknowledge Task Force & Water Community

• Major step forward

Administrative Enforcement Procedures & Penalties (HB 157)

• Issuing an Order / Notice of Violation(exempt UAPA)

• Administrative fine$5,000 for each knowing violation

$1,000 for each violation that is not …

• Replacement water (Up to 200%)

• Each day is separate violation

* Adopt Rules *Adopt Rules *

Santa Clara River Near Gunlock

0

10000

20000

30000

40000

50000

60000

70000

1970 1975 1980 1985 1990 1995 2000

Year

An

nu

al D

isch

arg

e A

cre-

Fee

t

Average17,500

Median8,900

SANTA CLARA RIVER

Rivers are dynamic systems

No action is without its opposite and equal reaction

Contact Stream Alteration Section (801)538-7240

Estimated precipitation (New Mexico) from tree-ring analyses

Reconstructed average annual precipitation, El Malpais National Monument near Grants, New Mexico

(Data source: Grissino-Mayer, 1996)

10

12

14

16

18

20

22

24

26

-200 0 200 400 600 800 1000 1200 1400 1600 1800 2000

Year

Pre

cip

itat

ion

, in

in

ches

Trend line for reconstructed precipitation data

Departure from reconstructed average annual precipitation, El Malpais National Monument near Grants, New Mexico

(Data source: Grissino-Mayer, 1996)

-200

-150

-100

-50

0

50

100

-200 0 200 400 600 800 1000 1200 1400 1600 1800 2000

Year

Dep

artu

re,

in i

nch

es

12

3

As water managers we have to deal with drought,As water managers we have to deal with drought, floods and very few “average years”. floods and very few “average years”.

The challenge is to manage what we haveThe challenge is to manage what we have

•9 proposed wells

•Total proposed withdrawal 25,000 acre-feet per year

•185 wells in UT

•Springs – local and regional

Congressional Act (Nov 04)Rights-of-wayUSGS StudyNevada / Utah agreement

Public meetingMarch 15

Southern NevadaWater AuthorityGround-Water

ProjectSnake Valley

Our problems cannot besolved with the same level

of thinking that created them.

Albert Einstein

Thank You !

Questions?