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This document provides an overview of the Declaration of Beneficial Use in Water Use Groups rule, which became effective on April 7, 2010. It includes definitions, requirements for declarations, principles, and applications for apportionment. The document also lists the water use groups and when declarations and proofs are required.
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Overview Rule became effective April 7, 2010 • A Few Definitions • When are Declarations Required? • Declaration Principles • Requests for State Engineer Review • Applications for Apportionment • Declarations & Supplemental Use
A Few Definitions • Beneficial Use – the purpose to which water diverted under a water right is applied and the quantity of that beneficial use • Supplemental Right – a water right used together with one or more water rights for a common beneficial use.
A Few Definitions • Water Use Group – one or more water rights listed together in the records of the SE as being applied to a common beneficial use. Each water use group is assigned a unique number in the SE database. Previously identified on the database as the “Supplemental Group”
A Few Definitions • Beneficial Use Amount – the quantity of beneficial use a water right contributes to a water use group. Previously known as “Group Contribution”. If a water right is a member of only one water use group then Beneficial Use Amount = Sole Supply
A Few Definitions • Sole Supply - the quantity of beneficial use allowed by a water right when used alone and separate from all supplemental rights. If the water right is a member of more than one water use group then Sole Supply = the sum of its Beneficial Use Amounts.
A Few Definitions • Declaration of Beneficial Use Amounts = Declaration – A form for water users to declare the beneficial use amounts of the water rights in a water use group. Previously known as the “Group Contribution Form”.
A Few Definitions • Application for Apportionment of Beneficial Use Amounts= Apportionment Application A form requesting that the SE apportion the beneficial use of a water use group among its supplemental water rights.
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 Typical Water User Group Number: 215225
53-536 53-374 53-95 53-109 53-110
When are Declarations Required? Change Applications Declarations shall be required if: • filed on fewer than all of the water rights; and • the Change Application seeks to remove a water right from a Water Use Group; and • the Beneficial Use Amount has not been quantified; and • the nature of the change requires a quantification of the beneficial use.
When are Declarations Required? Proof Declarations may be required if: • the Beneficial Use Amount has not been quantified; and • the Proof is filed on fewer than all of the water rights in the Water Use Group; or • the Water Right Holder does not hold all the water rights in the Water Use Group.
When are Declarations Required? Title Update • Declaration not required if: • Updating title on entire water right • Not segregating • Not changing UNLESS • Deed specifies amount being conveyed Segregations • Declaration required
When are Declarations Required? • SE may waive the filing of a Declaration for a temporary change if sufficient water and beneficial use are available. • Water use groups created for public water suppliers that do not describe the extent of the beneficial uses but rather group water rights within a use area will not require a Declaration. • During change or proof process, if a declaration is necessary to complete the process, the SE may require that one be completed consistent with this rule.
Declaration Principles General Provisions • May be filed any time – no filing fee at this time. • SE Form or equivalent • May declare the beneficial use amounts of all the water rights or some of the rights or just one of the rights • Must be signed by all the water right holders. Who can sign? • The water right holder shown on the SE records • An authorized agent of the water right holder shown on the SE records (a written authorization must be filed)
Declaration Principles General Provisions • Must provide documentation for the beneficial use amounts that are declared showing how they were determined. What is acceptable? • Any evaluation method consistent with the SE's records. • SE may require additional documentation • Must acknowledge this is not a general adjudication of the water right(s).
Declaration Principles General Provisions • A filed declaration may only be revised by filing another declaration signed by all water right holders. • Declaration is Acceptable • The database will be updated with the beneficial use amounts for each water right consistent with the declaration. • Declaration is Incomplete or Unacceptable • Returned to submitter with an explanation of deficiencies.
Declaration Principles Declaration of No Beneficial Use • A declaration may state that a water right contributes no beneficial use amount • Must be the sole owner of the non-contributing water right • May be signed by only by the water right holder making the declaration. • Once filed, cannot be withdrawn or modified. • Other water right holders will not be contacted • Records will be updated for all water rights listed in the declaration
Declaration Principles Court Orders • If the beneficial use amount of a water right has been quantified by a court order or other legal instrument of equivalent effect. • If not a part of the State Engineer's records • May be submitted by any person for consideration by the State Engineer
Request for SE Review General Provisions • Request must be in writing • Limited to a determination whether the database and the files are consistent with each other • Must indicate how the database should be modified for consistency • SE will complete the review within a reasonable time
Request for SE Review To Modify Water Use Groups • Most likely to be used if water right holders believe their water rights have been incorrectly grouped. • Written plan describing how rights should be grouped or requesting removal from a water use group and stating the reasons. • Modifications can generally be made if the request does not result in changes to a water right (POD, POU, nature of use, etc) that would normally require approval of a change application.
Request for SE Review General Provisions • No fee for requests at this time • SE may modify Water Use Group records at any time to resolve errors, deficiencies, or ambiguities. • SE may remove a water right from a water use group if it will provide for better water right administration.
Applications for Apportionment Criteria • Can request SE assistance to determine the beneficial use amounts if: • A declaration is required for an administrative action; and • The water right holder is unable to complete a declaration. • Cannot find the water right holders listed in the SE records or determine their successors • One or more of the water right holders refuses to participate or will not sign the declaration. • Other reason applicant cannot cure
Applications for Apportionment Application Requirements • No filing fee at this time • SE form or closely equivalent format & language • Signed by applicant • Document or explain efforts and problem. • Will be evaluated for acceptable effort • Include information requested on form and gathered by applicant (affidavits, documentation, etc.).
Applications for Apportionment Filing Process • If not complete or does not meet criteria • Returned with explanation • If acceptable for filing • SE begins apportionment process • Applicant must provide notice to the other parties to the extent possible
Applications for Apportionment Preliminary Apportionment • SE will notify water right holders • By regular mail. • Request information regarding use of water (UCA §73-5-8) • Allow 30 days for response • SE will review • Information received with the application • Information received from request • Other relevant information (water right records (priority, flow limitations), distribution records, etc.)
Applications for Apportionment Preliminary Apportionment • SE will prepare preliminary apportionment • Based on information review • May elect to apportion all rights in a water use group or only the water right involved in an administrative action. • SE will notify of preliminary apportionment • By regular mail to water right holders in group • Advise of right to protest preliminary apportionment • Allow 30 days for protest
Applications for Apportionment Apportionment - Order of the SE • SE may hold a hearing if necessary • Review any new information • Revise apportionment if necessary • Issue Order of the State Engineer • Beneficial use amount of each water right apportioned • Final action on the apportionment - UAPA • Water right holders may request reconsideration (20 days) • Water right holders may file for de novo review (30 days)
Applications for Apportionment Update database • After 30 days and no motion for de novo review • Update database consistent with OSE • After de novo review • Update database consistent with court order if one has been issued
Effect of Declarations on Supplemental Use • Regardless of the beneficial use amounts set forth in a Declaration, the previous supplemental relationship of the water rights in the water use group will continue. • Any water right removed from the group through an approved Change Application or invalidated through other legal or administrative process would be excluded.
