WATER RIGHTS 101:OVERVIEW OF UTAH WATER LAW

Legislative Water Task ForceJune 15, 2004

OBJECTIVES• ORIGIN OF UTAH WATER LAW

• BASIC CONCEPTS

• PROCESS AS IT EXISTS TODAY

• CASE STUDIES

Origin of the Doctrine of Prior Appropriation

Prior Appropriation DoctrineMain Features

• Divert water to beneficial use.

• Priority date.

• First in time, first in right.

• Loss of right.

Basic Definitions

• All water in the state is property of the public (73-1-1).

• 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).

Major Elements of a Water Right• Priority date.• Quantity of water.

– Flow rate.– Volume.

• Source of supply.• Point(s) of diversion.• Uses.

– Irrigation, domestic, stock water, mining, municipal, etc.

• Period of use.• Place of use.

Establishing a Water Right• Diligence Claim.

– Surface water uses prior to 1903.

• Underground Water Claim.

– Ground-water uses prior to 1935.

• Court Decreed.

• Applications filed with State Engineer.

Mutual Irrigation Companies

• Water Right held by Company

• Individuals own shares of stock

• Water Distributed – Hours, Acres or Quantity

• Shareholders have certain rights / obligations

• 73-3-3.5, Change Application by shareholder

Filing a Water Right Application

• File application in proper form.• Advertise for 2 consecutive weeks in local

newspaper.• 20 day protest period.• Protested?

– Hearing.

• Approval or rejection.– If approved, proof due date given, proof of

beneficial use, certificate.

• Judicial Review.

Approval Criteria (73-3-8)

• Unappropriated water in source.

• Will not impair existing rights.

• Physically and economically feasible.

• Not monopolistic / speculation.

• In the public interest / welfare.

• Won’t effect the natural stream environment or public recreation.

WaterAppropriation

Policy

Change ApplicationsSec. 73-3-3 UCA

• Owner may change:

– Point of diversion.

– Place of use.

– Nature of use.

– Period of use.

• Pertinent facts:

– Can’t impair existing rights

– Can’t enlarge the underlying water right

Example # 1Distribution of Water By Priority• 45 Distribution Systems

41 River System 4 Ground-Water Basins

• Water (River) Commissioner

• Times of shortage – cut by priority date

• Cost paid by water users

• Annual report prepared and submitted

Water Distribution by Priority Date

0

50

100

150

200

250

1-J

an

15-J

an

29-J

an

12-F

eb

26-F

eb

12-M

ar

26-M

ar

9-A

pr

23-A

pr

7-M

ay

21-M

ay

4-J

un

18-J

un

2-J

ul

16-J

ul

30-J

ul

13-A

ug

27-A

ug

10-S

ep

24-S

ep

8-O

ct

22-O

ct

5-N

ov

19-N

ov

3-D

ec

17-D

ec

31-D

ec

Day

CF

S

Streamflow

1st priority-1873

2rd priority-1922

3th priority-1949

Example # 2Beneficial Use

Evaluation of a Water Right

• Major ElementsFlow: 2.50 CFSSource: Spring CreekUse: Irrigation of 100 acresPeriod of Use: April 1 – Oct 31

• What is the beneficial use?• What are the diversion and depletion

limitations?

Irrigation Diversion Requirementfor Alfalfa at Logan, Utah

• Crop Consumptive Use (Alfalfa) = 31.35”

• Effective Precipitation = 7.73”

• Net Irrigation Requirement = 23.62”

• Irrigation Practices / Efficiency Flood 50%

• Irrigation Diversion Requirement = 47.24”Use 48” or 4.0 AF/A

Irrigation Return Flow

Diversion = 4.0 Ac Ft/Ac

ET = 2.0 Ac Ft/Ac

Return Flow = 2.0 Ac Ft/Ac

Changing an Irrigation Water Right to Industrial Uses

• Water right is for 100 acre of irrigation

• 100 ac x 4.0 ac ft /ac = 400 ac ft• Historical Depletion = 200 ac ft• Industrial use is 100% consumptive

Therefore, diversion & depletion limited to 200 ac ft.

Federal Reserved Water Rights

• Indian Reservations, National Forest, National Parks and other lands

• 1908 Winters decision

• 1963 Arizona v. California

• Quantification – primary purposes of the reservation

• Priority Date – date of reservation

The State Engineer has - “general administrative supervision of the

waters of the state, and of the measurement, appropriation, apportionment and

distribution thereof.” (Section 73-2-1)

State Engineer meets

with a water user

STATE ENGINEER

Thank You

Questions?