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2006 Utah Water Law Pipelines, Politics and Permitting Current Water Rights Issues

This report discusses the current water rights issues in Utah, including population growth, municipal water rights, water availability study, water rights conveyance, upper Colorado River entitlement, and other current issues.

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2006 Utah Water Law Pipelines, Politics and Permitting Current Water Rights Issues

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  1. 2006 Utah Water Law Pipelines, Politics and Permitting Current Water Rights Issues Jerry Olds State Engineer

  2. Population Growth & Water • Current Population 2.5 Million • Estimated Population 2020 - 3.5 Million 2050 - 5.4 Million • Estimated Water Conversion 2020 – 125,000 AF 2050 – 324,000 AF

  3. Population Projections • 96% Increase Box Elder, Cache, Davis, Iron, Morgan, Salt Lake, Summit, Tooele, Utah, Wasatch, Washington & Weber • Fastest Growing - % Washington, Morgan & Summit

  4. State Engineer’s Water Appropriation Policy

  5. Throughout Utah we are going from growing alfalfa to growing houses

  6. Who Can HoldMunicipal Water Rights? • State of Utah (Agency) • Political Subdivision of the State (Cities, Towns & Special Districts) • US Bureau of Reclamation (SB 177)

  7. Typical Growth in Municipal Water Use

  8. Water Rights Summary • Year-round, CFS only, Certificated for Mun Use • 70-10 Canyon Spring .45 CFS • 70-20 Left Fork Spring .07 CFS • 70-30 City Spring .155 CFS • 70-100 City Hall Well 1.00 CFS Total 1.675 CFS 1220 AF Current use = 450 AF/Yr Spring flow decreases during late summer.

  9. Water Availability Study • Water demand – 5 yrs, 450 to 650 AF • July 120 AF and August 100 AF • Combined spring flow Drops from .675 cfs to .30 cfs • Springs ~ 20 AF, Well ~ 60 AF = 80 AF/Month • Global change application • Enlargement

  10. Municipal Water Rights • Increase in municipal water use • Water rights - public water suppliers • Future water needs • Certainty • Flexibility • Define municipal water rights • Proper management

  11. Report of Water Rights Conveyance • Statutory modification - 2000 • Water user required to file ROC • $25 filing fee • In FY 06 – over 3400 ROCs • Increased workload Report of Water Rights Conveyance

  12. Water Right Title Issues • DWRights is NOT office of record for ownership • Recording of deeds and timely filing ROC Water rights sold more than once • Diligence & UGW claims Prima faca evidence Claim filed for 80 acres Field exam show 20 acres Ten ROCs on file for 60 acres Owner still holds 20 acres • How should ROCs for claims be handled?

  13. Utah’s Upper Colorado River Entitlement & Current Depletions Utah’s Apportionment (23%) 1,369,000 AF Current Depletion 1,007,500 AF Remaining Depletion 361,500 AF

  14. Potential Depletion Approved Applications (Undeveloped) Applicant Quantity (Ac Ft) San Juan County WCD 30,000 Central Utah WCD 29,500 Board of W R (et al) 158,000 Wayne County WCD 50,000 Kane County WCD 30,000 Sanpete WCD 5,600 Uintah County WCD 5,000 Others (< 5000 AF) 80,000* Ute Tribe ? 105,000   TOTAL 493,100

  15. There is no argument that the Navajo Nation have water rights, Navajo Nation Water Rights the question is how much?

  16. DRAFT – Subject to revision Potential Depletion Approved Applications (Undeveloped) Applicant Quantity (Ac Ft) Priority SJ County WCD 30,000 1966 CUWCD 29,500 1965 Bd of W R (et al) 158,000 1958 Wayne CWCD 50,000 1960 Kane CWCD 30,000 1964 Sanpete WCD 5,600 1941 Uintah CWCD 5,000 1965 Others (< 5000 AF) 80,000 (40,000 < 1965) na Ute Tribe ? 105,000 1861* Navajo Nation? 50 -150,000 1884*   TOTAL 488,000 AF with priority dates before 1965. $2 Billion Bonneville Unit CUP has 1965 priority date.

  17. Other Current Issues • Snake Valley • Formal administrative hearings • Rules on proof of beneficial use • Change Application Surface to Ground Water Non-use of water for extended periods

  18. Thank You Questions?

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