water rights training for proof professionals june 1, 2009 salt lake city
Post on 30-Dec-2015
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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
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” 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
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