Water Rights Training forProof Professionals

June 1, 2009

Salt Lake City

Topics

• Filling out the proof form

• New statutes

• Sole supply and supplemental water rights

Proof Form

Fee Increases effective July 1

• Most fees will double

• Protest filings now cost $15

• New stream alteration fees– Non-commercial entity: $100– Government entity: $500– Commercial entity: $2,000

• No fee for filing a proof

H.B. 389

• Allows an applicant to submit an affidavit as proof for a small amount of water

• Allows lapsed applications for a small amount of water, in some cases, to be reinstated

• “A small amount of water”– One residence– Up to a quarter acre of irrigation– Up to 10 head of livestock

Affidavit of Beneficial Use

• Signed by the applicant(s) only

• Four documents needed– Affidavit Form– Map of Beneficial Use– Plat Map– Certificate of Occupancy

Affidavit Forms

Additional Info on H.B. 389

• Applies to previously approved applications• Applies to applications to appropriate,

changes, and exchanges• Affidavit must be associated with a

residence, but the residence may be supplied by another source

• Affidavit uses are limited to domestic, irrigation, and stock watering

Showing Beneficial Use

• Primary purpose of the proof• Development must be complete (no planned

or future uses)• If development is not complete the

applicant has the following options– File an extension– Let the application lapse and then re-file– File a partial proof

Dealing with Partial Proofs

• The portion of the application not proved up on is lost unless a segregation is filed

• All segregations (whether or not the underlying water right is perfected) now require a $50 fee (effective July 1)

• Segregations do not have to be approved by Order of the State Engineer

Supplemental Water Rights

• Definition: Water rights that are used together for a common beneficial use

• Water rights that irrigate the same land are supplemental by definition

• Water rights that irrigate adjacent or adjoining pieces of land are not supplemental

• Supplemental water rights can be separated through the change application process

Sole Supply

• Definition: A quantification of a water right’s beneficial use if it were to be used separately from supplemental water rights (if any)

• Sole supply must be defined for a water right before it can be certificated

• If the sole supply is less than the total acreage, all other acreage must be accounted for

The Whole Puzzle vs. One Piece

• An application may be just a single piece of a larger puzzle

• Sometimes proofs do not make sense because they focus on one water right without addressing all water rights involved

• The proof needs to reflect actual water use practices on the ground to make sense

“Puzzling” Example

WR# 14-4540 acres

“Supplemental WR’s14-15 and 14-25 coverThe remaining 120 acres.”

“Puzzling” Example

WR# 14-2540 acres

WR# 14-1580 acres

WR# 14-3520 acres

“Puzzling” Example

WR# 14-2540 acres

WR# 14-1580 acres

WR# 14-3520 acres

WR# 14-4540 acres

“Puzzling” ExampleOne Possible Solution

WR# 14-15 => 80 acresWR# 14-25 => 40 acresWR# 14-35 => 20 acresWR# 14-45 => 20 acresGroup Total => 160 acres

“Puzzling” Example

WR# 14-3520 acres

WR# 14-15 => 80 acresWR# 14-25 => 40 acresWR# 14-45 => 40 acresGroup Total => 160 acres

Another Possible Solution

“Puzzling” Example

WR# 14-15 => 80 acresWR# 14-25 => 40 acresWR# 14-35 => 20 acresWR# 14-45 => 40 acresGroup Total => 180 acres

Another Possible Solution

The mission of the Division of Water Rights is to provide order and certainty in the beneficial use of Utah’s water.

Proofs helps us accomplish our mission:

• Proper definition of water rights– Sole Supply

– Volume

– Flow

• Supplemental water rights are properly addressed

• Uses are properly mapped