Declaring Beneficial Use in Water Use Groups

R655-16

GENERAL PROVISIONS

• An acceptably complete Declaration of Individual Beneficial Use Amounts (Declaration) must include:Beneficial use for each water rightSigned by all water right holdersDocumentation

• Apportionment method – any consistent with S.E. records

• Not a general adjudication of water rights

CHANGE APPLICATIONS• Declaration shall be required only if all

of the following conditions apply:Fewer than all the water rights in group Removes water right from group Beneficial uses have not been quantified;

ANDNature of change requires quantification

WATER RIGHT PROOF

• Declaration may be required if:Beneficial use has not been quantified;

ANDFewer than all water rights in group; OR Water right holder does not hold all water

rights in group.

ADDITIONALLY

• A Declaration does not change the way supplemental water rights can be used together. May continue to use remaining rights as they have historically been used.

• A filed Declaration may only be revised by filing a new Declaration

S.E. REVIEW & EVALUATION• Inconsistent with SE record – Return with

explanation• Consistent with SE record – Update SE

records accordingly• Request for review of database &

documentary records – correcting water use groupings.

• S.E. may modify water use group records at any time to resolve errors, deficiencies or ambiguities.

S.E. APPORTIONMENT• May request apportionment if:

Necessary for administrative action; andReasonable efforts exhausted without

success: Impossible to identify/contact one or more

parties One or more parties refuse to participate Other reason which prevents completion of

Declaration

S.E. APPORTIONMENT (cont.)

• Application on S.E. formProvide all info requested & documentationAcknowledge not a general adjudicationProvide notice to other parties as possible

• S.E. review for completeness, compliance with application criteria & adequate effort Incomplete / Non-compliant / Insufficient effort:

Return with explanationComplete / Compliant / Sufficient effort:

File application & apportion

S.E. APPORTIONMENT (cont.)

• Procedure:Notify all parties & request informationAllow at least 30 days for replyS.E. will review:

Info from application Info received pursuant to request Other pertinent information (including SE

records)S.E. prepare preliminary apportionment

S.E. APPORTIONMENT (cont.)

• Notify parties of preliminary apportionmentAdvise of right to protest30 days protest period

• May hold a hearing• Review further info & revise apportionment if

necessary• Issue SE Order (final agency action)

Subject to UAPA

• Update SE records accordingly

EXCEPTIONS• S.E. may require Declaration any time

during administrative action if needed.• A water right holder may declare no

beneficial use at any time.• Beneficial use quantified by court or

other legal instrument – may be submitted to S.E. at any time.

• SE may cancel water right assignment to a water use group

EXAMPLES

• The following examples apply regardless of who the water user is (municipality, irrigator, federal agency or any other type of water user) or what the nature of use of the water use group is (municipal, irrigation, etc.)

1

• A water right holder with a right in a water use group desires to change the POD of his water right but not the source (i.e. surface or underground).

• No Declaration is required because the water right is not being removed from the water use group.

2• A water right is purchased that is in a water use

group; the water rights are held by several individual water users. The purchaser wants to change the place of use, point of diversion, and nature of use of the water right. The change would make the water right supplemental to other rights in another water use group.

• A Declaration must be filed on the water rights in the group the water right is being taken.

• No Declaration required for the water use group the water right would be added to.

3• A well water right in a water use group with

irrigation company water rights; the holder uses both to irrigate. The purchaser of the well right desires to change the POD, POU and nature of use.

• The S.E. may be petitioned to remove the water right from the irrigation company water use group because it will not affect the administration or use of the irrigation company’s water rights.

• The beneficial use associated with the well water right must be determined but there is no need to

submit a Declaration on the other water rights in the water use group the right came from.

4• Change applications are filed to change

the POD, POU and nature of use of all of the water rights in a water use group.

• A Declaration is not required as long as the water rights remain linked together in their supplemental relationship (the PODs may be different but the hereafter POU and nature of use must be the same for each of the rights).

5• A water right holder owns water rights in several

water use groups (the holder owns all the water rights in each group). The holder believes the groupings don’t reflect how the water rights are being used.

• The holder can petition the S.E. to revise the water right groupings. The groupings can be adjusted without further administrative process if adjustment does not cause a change in the POD, POU or nature of use of the water rights and is consistent with the S.E. records.

• If the adjustment will cause such a change, then change applications will be required.

6• A water right with a defined beneficial use

amount is added as a supplemental water right in a water use group where the individual beneficial use amounts have not been defined for the other water rights. The water right is later sold and the purchaser desires to change the POD, POU and nature of use of the water right.

• No Declaration is required because the beneficial use amount of that specific water right has already been defined.

7• Someone leases a water right in a water use

group and desires to file a temporary change application to change the POD, POU and nature of use of the water right.

• Given the temporary nature of the change, the SE determines if there is no need to know the individual beneficial use amount of the water right and whether a Declaration is required.

8• An irrigation company owns multiple water

rights that are grouped in several water use groups. A shareholder desires to file a change on shares to change the POD, POU and the nature of use.

• No Declaration is required. Based upon the number of acres irrigated per share, the S.E. reduces the total number of acres irrigated by the company rather than addressing each individual group.