Declaration of Beneficial Use

1. Declaration of Beneficial Use Presented by: Judy Ausick April 24, 2012 Rural Water Users’ Training www.waterrights.utah.gov

2. Topics Supplemental Water Rights Declaration of Beneficial Use How to Fill Out the Form Problems Completing the Declaration

3. Understanding Supplemental Water Rights

4. What are Supplemental Water Rights When more than one water right provides water to a single use Together the water rights are “supplemental”

5. WR #1 WR #2 WR #3

6. 30 ACRES 55 ACRES 15 ACRES

7. Total Acres = 55 acres NOT = 100 acres (55+30+15) 55 ACRES

8. A DOBU, may declare the beneficial use amount of one or more water rights in a water use group. Water right owners must quantify, by agreement, the beneficial use for each water right within the Water Use Group. Declarations of Beneficial Use (DOBU)

9. Rules for Declaring Beneficial Use Administratively Rule R655-16 Enacted April 7, 2010

10. How to Fill Out the Declaration of Beneficial Use Identify the water use group to be clarified Have all interested owners agree to a specific water use for each water right All owners must sign the form

11. Finding the Water Use Group

12. Where to Find the Form

13. What You Can Expect After the DOBU Has Been Submitted The Regional Office will evaluate the request for consistency with the State Engineer’s records. The database will be updated. A memo to file and any supporting documents, indicating the uses will be scanned and placed on the water right file.

14. Impossible! What Now? If the applicant has exhausted all reasonable efforts without successfully completing a DOBU. The applicant may request the State Engineer to apportion the beneficial uses in the water use group. Complete the “Apportionment of Beneficial Use Amounts” form and supply supporting documents.

15. Apportionment Form

16. In Conclusion A Change Application, Segregation, Proof of Beneficial Use, Title update or other administrative action involving a group may need to be defined before action can be taken by the state engineer. ANY QUESTIONS?

17. Request for Extension of Time and Reinstatement

18. Topics Background for Extensions Finding the Extension Form Lapsing Notices Extensions Beyond 50 years/40-year plan

19. Background for Extensions Requests for extension of time must be submitted in the office on or before the proof due date. Post marked envelopes are not acceptable and maybe viewed as lapsed. The State Engineer can extend the time for the applicant to submit proof before 50 years if the applicant shows reasonable and due diligence in completing the appropriation or show reasonable cause for delay.

20. 60-days prior to the proof due date, notice will be sent to current owner(s) of record

21. Filing Fee for Extensions of Time Before 14-year requires a $50.00 filing fee After 14-year requires a $150.00 filing fee Statute requires advertising in the local newspaper as well as a 20-day protest period before action can be taken.

22. Finding the Extension Form

23. Extension Request Form

24. Filling Out an Extension Request Enter Water Right, Change, or Exchange Number Answer questions <Click> Generate form Print and sign Filing fee

25. Notice of Lapsing If a Water Right, change, or exchange has lapsed, the applicant will have 60-days from the date of the lapsing letter to reinstate the right.

26. Extensions Beyond 50 Years Applies to Public Water Suppliers or Wholesale Electrical Cooperatives ONLY Statute requires a 40-year plan to be submitted with an extension request

27. What a 40-Year Plan Should Contain It is recommended by the state engineer that this information should be prepared under the direction of a licensed engineer. It should be comprehensive in nature and describe all projected uses and sources of water available.

28. Any Questions?