BENEFICIAL USE Declarations & Apportionment. 57-3-109 Water Rights Addenda Passed in 2010;...

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Transcript of BENEFICIAL USE Declarations & Apportionment. 57-3-109 Water Rights Addenda Passed in 2010;...

  • BENEFICIAL USEDeclarations & Apportionment

  • 57-3-109 Water Rights AddendaPassed in 2010; effective 7-1-2011Applies to deeds thatConvey fee simple title to landConvey title to water rights without conveying title to land.The addendumIdentifies & describes water rights transferred ORStates no water rights were transferredBoth seller & buyer must sign

  • 57-3-109 Water Rights AddendaForms 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 AddendaWATER DEED LAND DEED

  • Declarations & Apportionment SummaryReviewDefinitionsWhen is a Declaration necessary?ExceptionsThe Declaration processThe Apportionment process

  • 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 groupSole Supply the amount of beneficial use allowed under a right on its own; the sum of its beneficial use amountsBeneficial UseSupplemental Water RightsDEFINITIONS

  • When is a Declaration Required?

  • General Guidelines Whenever an administrative action requires a definition of a supplemental water right in a water use group that isnt defined (change application or segregation)Whenever someone is attempting to define a supplemental water right in a water use group that isnt 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

  • http://www.waterrights.utah.gov/APPLICATIONS & FORMS PAGEDECLARATION OF BENEFICIAL USE FORM

  • Declaration ReviewWho Can SignThe water right holder shown on the SE recordsOwnership 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 ReviewAcceptable Methods - Dividing Beneficial UseBased on the long-term average annual beneficial use of each water rightBased on any other evaluation method consistent with the SE's records.May require additional documentation.

  • Check boxes that correspond to the flaw in the declarationExplanation if declaration is not consistent with SE recordsSent to all WR owners shown on S.E. database

  • Sent to all WR owners shown on S.E. database

  • The Apportionment Process

  • http://www.waterrights.utah.gov/APPLICATIONS & FORMS PAGEAPPLICATION 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 EffortIdentify 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 EffortContact 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 EffortReach AgreementMeet 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 AffidavitSteps taken and efforts madeUnsuccessful results and reasonsWhy water users cannot agreeOther problem that cannot be resolved.

  • Check boxes that correspond to the flaw in the application Explanation if effort to complete a Declaration is not adequateSent only to applicant

  • Assigned to Regional OfficeApplicant must notify other parties in water use groupDescription of apportionment process

  • WR OwnerPossible WR OwnerGenerally addressedSpecifically addressedRequirement update title to be recognized as a partyREQUEST FOR INFORMATION

  • WR OwnerPossible WR OwnerIf ownership not updated may not receive further correspondenceREQUEST FOR INFORMATION

  • NOTICE OF HEARING

  • Apportioning Beneficial UseWhich WR must be apportioned?Gather & Review Information Info from applicationInfo received pursuant to requestOther pertinent information (including SE records)Field inspectionExtent of observable beneficial useRelationship of sources and place(s) of use.

  • Apportioning Beneficial UseThings to consider:Water use patterns & historyPriority datesLand use patternsRelative sizes of parcels /ownershipRelative flows/AF allowed under each WRRelationship 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 processHow to comment on the preliminary apportionmentDescription of the remainder of the process

  • Sent to all water right owners in water use group and the applicant

  • Order of the State EngineerBeneficial use amount of each water right apportionedProcess similar for issuing OSEs on other applicationsFinal actionMay request reconsideration (20 days)May file for de novo review (30 days)

  • QUESTIONS?