Declaration of Beneficial Declaration of Beneficial UseUse

Presented by: Presented by:

Judy AusickJudy Ausick

April 24, 2012Rural Water Users’ Trainingwww.waterrights.utah.gov

TopicsTopics

Supplemental Water RightsSupplemental Water Rights

Declaration of Beneficial UseDeclaration of Beneficial Use

How to Fill Out the FormHow to Fill Out the Form

Problems Completing the DeclarationProblems Completing the Declaration

UnderstandiUnderstanding ng

Supplemental Supplemental Water Rights Water Rights

What are Supplemental What are Supplemental Water RightsWater Rights

When more than When more than one water right one water right provides water provides water to a single use to a single use

Together the Together the water rights are water rights are “supplemental”“supplemental”

WR #1WR #1WR #2

WR #3WR #3

30 ACRES30 ACRES

15 ACRES15 ACRES

55 ACRES55 ACRES

Total Acres = 55 acresTotal Acres = 55 acres

NOT = 100 acresNOT = 100 acres

(55+30+15)(55+30+15)

55 ACRES55 ACRES

A DOBU, may declare the beneficial use A DOBU, may declare the beneficial use amount of one or more water rights in a amount of one or more water rights in a water use group. water use group.

Water right owners must quantify, by Water right owners must quantify, by agreement, the beneficial use for each agreement, the beneficial use for each water right within the Water Use Group. water right within the Water Use Group.

Declarations of Beneficial Use Declarations of Beneficial Use (DOBU)(DOBU)

Rules for Declaring Beneficial Use Rules for Declaring Beneficial Use AdministrativelyAdministratively

Rule R655-Rule R655-1616

Enacted Enacted April 7, April 7, 20102010

How to Fill Out the How to Fill Out the Declaration of Beneficial Declaration of Beneficial

UseUse Identify the water Identify the water

use group to be use group to be clarifiedclarified

Have all interested Have all interested owners agree to a owners agree to a specific water use specific water use for each water rightfor each water right

All owners must All owners must sign the formsign the form

Finding the Water Use GroupFinding the Water Use Group

Where to Find the FormWhere to Find the Form

What You Can Expect After the What You Can Expect After the DOBU Has Been SubmittedDOBU Has Been Submitted

The Regional Office will evaluate the The Regional Office will evaluate the request for consistency with the State request for consistency with the State Engineer’s records. Engineer’s records.

The database will be updated. The database will be updated. A memo to file and any supporting A memo to file and any supporting

documents, indicating the uses will be documents, indicating the uses will be scanned and placed on the water right scanned and placed on the water right file.file.

Impossible! What Now?Impossible! What Now?

If the applicant has If the applicant has exhausted all reasonable exhausted all reasonable efforts without efforts without successfully completing a successfully completing a DOBU. DOBU.

The applicant may The applicant may request the State request the State Engineer to apportion the Engineer to apportion the beneficial uses in the beneficial uses in the water use group. water use group.

Complete the Complete the “Apportionment of “Apportionment of Beneficial Use Amounts” Beneficial Use Amounts” form and supply form and supply supporting documents.supporting documents.

Apportionment FormApportionment Form

In ConclusionIn Conclusion

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

ANY QUESTIONS?ANY QUESTIONS?

Request for Extension of Request for Extension of Time and ReinstatementTime and Reinstatement

TopicsTopics

Background for ExtensionsBackground for Extensions

Finding the Extension FormFinding the Extension Form

Lapsing NoticesLapsing Notices

Extensions Beyond 50 years/40-year planExtensions Beyond 50 years/40-year plan

Background for ExtensionsBackground for Extensions

Requests for extension of time must be Requests for extension of time must be submitted in the office on or before the proof submitted in the office on or before the proof due date. due date. › Post marked envelopes are not acceptable and Post marked envelopes are not acceptable and

maybe viewed as lapsed. maybe viewed as lapsed.

The State Engineer can extend the time for The State Engineer can extend the time for the applicant to submit proof before 50 years the applicant to submit proof before 50 years ifif the applicant shows reasonable and due the applicant shows reasonable and due diligence in completing the appropriation or diligence in completing the appropriation or show reasonable cause for delay.show reasonable cause for delay.

60-days prior to the proof due date, 60-days prior to the proof due date, notice will be sent to current notice will be sent to current

owner(s) of recordowner(s) of record

Filing Fee for Extensions of Filing Fee for Extensions of TimeTime

Before 14-year Before 14-year requires a $50.00 requires a $50.00 filing feefiling fee

After 14-year After 14-year requires a $150.00 requires a $150.00 filing feefiling fee› Statute requires Statute requires

advertising in the advertising in the local newspaper as local newspaper as well as a 20-day well as a 20-day protest period before protest period before action can be taken.action can be taken.

Finding the Extension FormFinding the Extension Form

Extension Request FormExtension Request Form

Filling Out an Extension RequestFilling Out an Extension Request

Enter Water Enter Water Right, Change, Right, Change, or Exchange or Exchange NumberNumber

Answer Answer questionsquestions

<Click> <Click> Generate formGenerate form

Print and signPrint and sign Filing feeFiling fee

Notice of LapsingNotice of Lapsing

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

Extensions Beyond 50 YearsExtensions Beyond 50 Years

Applies to Public Water Suppliers Applies to Public Water Suppliers or Wholesale Electrical or Wholesale Electrical Cooperatives Cooperatives ONLYONLY

Statute requires a 40-year plan to Statute requires a 40-year plan to be submitted with an extension be submitted with an extension requestrequest

What a 40-Year Plan Should What a 40-Year Plan Should ContainContain

It is recommended by the state It is recommended by the state engineer that this information should engineer that this information should be prepared under the direction of a be prepared under the direction of a licensed engineer. licensed engineer.

It should be comprehensive in nature It should be comprehensive in nature and describe all projected uses and and describe all projected uses and sources of water available. sources of water available.

Any Questions?Any Questions?