Declaring Beneficial Use in Water Use Groups

1. Declaring Beneficial Use in Water Use Groups R655-16

2. A Few Definitions • "Supplemental Right" - a water right used together with one or more other water rights for a common Beneficial Use. • "Water Use Group" - one or more water rights assigned in the records of the State Engineer as being applied to a common Beneficial Use.

3. A Few Definitions • “Beneficial Use” - the purpose for which water is used under a water right and the quantity of that use. • "Beneficial Use Amount" - the quantity of Beneficial Use a water right contributes to a Water Use Group. • "Declaration of Beneficial Use Amounts" (Declaration) - a form to declare the Beneficial Use Amount of some or all the water rights in a Water Use Group.

4. A Few Definitions • "Sole Supply" - the amount of Beneficial Use allowed when a water right is used alone and separate from its Supplemental Rights. If a water right is in more than one Water Use Group, the Sole Supply is the sum of its Beneficial Use Amounts.

5. Water Use Groups • 05-1 • 05-1,05-2 • 05-2 • 05-2,05-3 • 05-2,05-4 • 05-3 • 05-3,05-4 • 05-4 • 05-2,05-3,05-4

6. 53-536 53-374 53-95 53-109 53-110

7. 11 Water Use GroupsUnanswered Questions • How much beneficial use does each water right contribute to each water use group? • What is the total beneficial use in each water use group? • What is the sole supply of each water right? • What is the total irrigated area?

8. GENERAL PROVISIONS • An acceptably complete Declaration must: • Be signed by all water right holders • Include documentation • Apportionment method – any consistent with S.E. records • Not a general adjudication of water rights

9. CHANGE APPLICATIONS • Declaration shall be required only if all of the following conditions apply: • Fewer than all the water rights in group • Removes water right from group • Beneficial uses have not been quantified; AND • Nature of change requires quantification

10. WATER RIGHT PROOF • Declaration may be required if: • Beneficial use has not been quantified; AND • Fewer than all water rights in group; OR • Water right holder does not hold all water rights in group.

11. ADDITIONALLY • A Declaration does not change the way supplemental water rights can be used together. May continue to use remaining rights as they have historically been used. • A filed Declaration may only be revised by filing a new Declaration

12. S.E. REVIEW & EVALUATION • Incomplete or inconsistent with SE record – Return with explanation • Complete and consistent with SE record – Update SE records accordingly • Request for review of SE database & SE files – correcting water use groups. • S.E. may modify water use group records at any time to resolve errors, deficiencies or ambiguities.

13. S.E. APPORTIONMENT • May request apportionment if: • Necessary for administrative action; and • Reasonable efforts exhausted without success: • Impossible to identify/contact one or more parties • One or more parties refuse to participate • Other reason which prevents completion of Declaration

14. S.E. APPORTIONMENT (cont.) • Application on S.E. form • Provide all info requested & documentation • Acknowledge not a general adjudication • Provide notice to other parties as possible • S.E. review for completeness, compliance with application criteria & adequate effort • Incomplete / Non-compliant / Insufficient effort: Return with explanation • Complete / Compliant / Sufficient effort: File application & apportion

15. S.E. APPORTIONMENT (cont.) • Procedure: • Notify all parties & request information • Allow at least 30 days for reply • Include in review: • Info from application • Info received pursuant to request • Other pertinent information (including SE records) • Prepare preliminary apportionment • S.E. may determine to apportion only the water right involved in the administrative action.

16. S.E. APPORTIONMENT (cont.) • Notify parties of preliminary apportionment • Intermediate step – not final • Advise of right to protest • 30 days protest period • May hold a hearing • Review further info & revise apportionment if necessary • Issue SE Order (final agency action) • Subject to UAPA • Update SE records accordingly

17. EXCEPTIONS • Water Use Groups created for public water suppliers that describe use areas rather than the extent of the Beneficial Uses will not require a Declaration. • S.E. may require Declaration be completed, consistent with rule, any time during administrative action if needed. • A water right holder may declare no beneficial use at any time.

18. EXCEPTIONS • Beneficial use quantified by court or other legal instrument – may be submitted to S.E. at any time. • SE may cancel the assignment of a water right to a water use group • S.E. may waive Declaration requirement for a temporary Change Application if sufficient water and Beneficial Use Amounts are available for the purposes of the change.

19. EXAMPLES • The examples apply regardless of: • The water user (municipality, irrigator, federal agency or any other type of water user) • The nature of use of the water use group (municipal, irrigation, etc.)

20. 1 • A water right holder in a water use group desires to change the POD of his water right but not the source (i.e. surface or underground). • No Declaration is required • The water right is not being removed from the water use group.

21. 2 • A water right is purchased from a water use group where the rights are held by several individuals. The purchaser wants to change the right to make it supplemental in another water use group. • A Declaration must be filed on the water rights in the group the water right is being taken. • No Declaration required for the water use group the water right would be added to.

22. 3 • A well water right in a water use group with irrig. comp. water rights; both used to irrigate. Purchaser of well right desires to change the POD, POU and nature of use. • Request to remove the irrig. comp. rights from water use group - no effect on the administration or use of the company water rights. • Beneficial use amount of the well right must be determined.

23. 4 • Change applications filed to change the POD, POU and nature of use of all of the water rights in a water use group. • A Declaration is not required as long as the water rights remain linked together in their supplemental relationship • The PODs may be different but the hereafter POU and nature of use must be the same for each of the rights.

24. 5 • One water right holder owns all rights in several water use groups. The holder believes the groupings don’t reflect how the water rights are and have been used supplementally. • Petition S.E. to revise the water right groupings. • The groupings can be adjusted if it does not cause a change in the POD, POU or nature of use of the water rights and is consistent with the S.E. records. • If the adjustment will cause such a change, then change applications will be required.

25. 6 • A water right with a defined beneficial use amount is added to a water use group where the beneficial use amounts of the other rights have not been defined. • The water right is subsequently sold and the purchaser desires to change the POD, POU and nature of use of the water right. • No Declaration is required. • The beneficial use amount of the water right is defined.

26. 7 • An irrig. comp. owns multiple water rights that are grouped in several water use groups. • A shareholder desires to file a change on shares (POD, POU and the nature of use). • No Declaration is required. • Based upon the number of acres irrigated per share, the S.E. reduces the total number of acres irrigated by the company rather than addressing each individual group.

29. QUESTIONS ?

30. Recent Legislation • 2010 • HB 33 Groundwater Recharge and Recovery Act Amendments. • HB 34 Water Storage Projects. • HB 60 Water Conveyance Facilities Safety. • HB 69 State Engineer’s Plugging of Wells Repealer. • HB 84 Water Banks

31. Recent Legislation • 2010 • HB 98 State Engineer Bonding Requirements. • HB 171 Water Right Revisions – 73-3-3. • HB 226 Well Driller’s License (Pump Installers). • HB 229 Water Rights General Adjudication Amendments. • HB 231 Water Rights Priorities in Time of Shortage.

32. Recent Legislation • HB 231 (cont.) • Temporary Water Shortage. • Governor Declares an Emergency. • Two Consecutive Years. • Drinking, Sanitation, and Fire Suppression Used By: • An Individual Water User, A County, A Municipality, or a Public Water Supplier. • Next comes Agricultural Including Irrigation and Livestock Use

33. Recent Legislation • HB 231 (cont.) • Person Using Water Shall Pay Reasonable Value of the Water.

34. Recent Legislation • 2010 (cont.) • 1SHB 298 Land Use Authority Notification of Canal Development. • 1SHB 314 Water Rights Addendum to Deeds. • 1SHJR 26 Joint Resolution Approving Water Rights Addendum Form. • SB 20 Local District Amendments. • SB 32 Rainwater Harvesting.

35. Recent Legislation • 2SSB 99 Water Companies and Water Right Change Requests. • SB 185 Canal and Irrigation Safety and Inspections. • HJR1 Joint Resolutions Amending Provisions Provisions on Municipal Water Rights.

36. Recent Legislation • HJR 2 Joint Resolution on Property Tax Exemptions For Water Facilities. • HB 54 Property Tax Exemption For Water Facilities.