Bureau of Land Management John Mann, P. E.

Assistant State Engineer

November 16-17, 2010

Bureau of Land Management John Mann, P. E.

Assistant State Engineer

November 16-17, 2010

• WATER: PUBLIC PROPERTY

• PRE-LEGISLATION RIGHTS

• POST-LEGISLATION RIGHTS

• STATUTES, RULES AND POLICIES

• WEBSITE http://waterrights.utah.gov

WATER RIGHTS OVERVIEW• During 2006-2007, the State Engineer

– Issued Orders On:• 1053 Applications to Appropriate

• 1440 Change Applications

• 1267 Extension Requests

– Held Hearings on 111 applications

– Received 823 Proofs

– Issued 546 Certificates of Beneficial Use

WATER RIGHTS OVERVIEW• During 2006-2007, the State Engineer

– Issued Orders On:• 1053 Applications to Appropriate

• 1440 Change Applications

• 1267 Extension Requests

– Held Hearings on 111 applications

– Received 823 Proofs

– Issued 546 Certificates of Beneficial Use

• PUBLIC RECORDS

• SEARCH AND LIST PROGRAMS

• E-MAIL NOTIFICATION

• PUBLIC RECORDS

• SEARCH AND LIST PROGRAMS

• E-MAIL NOTIFICATION

APPLICATION PROCESS

APPLICATION PROCESS

APPLICATION PROCESS

• AVAILABILITY

• REQUIRED INFORMATION

• ASSISTANCE

• AVAILABILITY

• REQUIRED INFORMATION

• ASSISTANCE

APPLICATION PROCESS

FILING AN APPLICATION

• BY MAIL OR VISIT

• FEE REQUIRED

• ESTABLISHES INITIAL PRIORITY

• PLACED ON NEW FILING LIST

FILING AN APPLICATION

• BY MAIL OR VISIT

• FEE REQUIRED

• ESTABLISHES INITIAL PRIORITY

• PLACED ON NEW FILING LIST

• NEWSPAPER WITH LOCAL CIRCULATION

• REGIONAL OFFICE ACTION

• WAIVING ADVERTISING

• NEWSPAPER WITH LOCAL CIRCULATION

• REGIONAL OFFICE ACTION

• WAIVING ADVERTISING

ADVERTISING PERIODADVERTISING PERIOD

• PERMANENT FILINGS• TEMPORARY FILINGS• NOTICES DRAFTED BY

DIVISION• PROOF OF PUBLICATION

• PERMANENT FILINGS• TEMPORARY FILINGS• NOTICES DRAFTED BY

DIVISION• PROOF OF PUBLICATION

PROTESTS• FILED BY INTERESTED

PARTIES

• MUST PROVIDE RELEVANT RIGHT NUMBER

• TIMELINESS

• PROTESTANT INFORMATION

PROTESTS• FILED BY INTERESTED

PARTIES

• MUST PROVIDE RELEVANT RIGHT NUMBER

• TIMELINESS

• PROTESTANT INFORMATION

• Generally Held Locally

• Usually Informal Proceedings

• May Be Waived

REGIONAL OFFICE REVIEW

• EXAMINE ALL AVAILABLE INFORMATION

• CONSIDER PROTEST CONCERNS

• RECOMMEND ACTION

REGIONAL OFFICE REVIEW

• EXAMINE ALL AVAILABLE INFORMATION

• CONSIDER PROTEST CONCERNS

• RECOMMEND ACTION

• APPROVAL

• REJECTION

• DEFERRAL

• APPROVAL

• REJECTION

• DEFERRAL

RECOMMENDED ACTIONSRECOMMENDED ACTIONS

APPLICATION PROCESS

APPLICATIONS/RECORDS APPLICATIONS/RECORDS SECTION REVIEWSECTION REVIEW

• COMPLETENESS, ACCURACY AND CONSISTENCY

• LEGAL COUNSEL

• FINAL DRAFT

• COMPLETENESS, ACCURACY AND CONSISTENCY

• LEGAL COUNSEL

• FINAL DRAFT

• REVIEWS FINAL DRAFT

• SIGNED ORDERS SENT TO ALL PARTIES

• APPROVALS LISTED ON INTERNET

• REJECTIONS TERMINATE FILINGS

• SCANNED DOCUMENTS ON WEBSITE

• REQUEST CHANGES TO ORDER

• PARTIES WITH LEGAL STANDING

• MUST BE TIMELY

• IF GRANTED, ORDER IS RESCINDED

• IF DENIED, ORDER REMAINS IN PLACE

• APPEAL TO DISTRICT COURT• PARTIES WITH LEGAL STANDING• MUST BE TIMELY• JUDGE CAN UPHOLD, DENY, OR AMEND

THE ORDER• UTAH SUPREME COURT

APPLICATION PROCESS

• DUE DATE FOR BENEFICIAL USE

• SIXTY-DAY NOTICE

• PROOF DOCUMENTS

• REQUEST FOR MORE TIME

• TIMELY SUBMISSION OR APPLICATION LAPSES

• PERMANENT LAPSING

• DUE DATE FOR BENEFICIAL USE

• SIXTY-DAY NOTICE

• PROOF DOCUMENTS

• REQUEST FOR MORE TIME

• TIMELY SUBMISSION OR APPLICATION LAPSES

• PERMANENT LAPSING

APPROVED APPLICATIONAPPROVED APPLICATION

• FORMS AND FEES

• ADVERTISING AFTER FOURTEEN YEARS

• REVIEW AND RECOMMENDATION

• GRANTED OR DENIED

• RECONSIDERATION AND/OR APPEAL

• FORMS AND FEES

• ADVERTISING AFTER FOURTEEN YEARS

• REVIEW AND RECOMMENDATION

• GRANTED OR DENIED

• RECONSIDERATION AND/OR APPEAL

• FORMS• PROFESSIONAL

PREPARATION• REVIEWED BY

REGIONAL OFFICE

• AMENDMENTS• ACCEPTED OR

REJECTED

• FORMS• PROFESSIONAL

PREPARATION• REVIEWED BY

REGIONAL OFFICE

• AMENDMENTS• ACCEPTED OR

REJECTED

PROOF OF BENEFICIAL USEPROOF OF BENEFICIAL USE

• STATE ENGINEER’S REVIEW AND SIGNATURE

• ISSUED ON SAME DAY AS SIGNED

• RECORDING

• RECONSIDERATION AND APPEAL

• STATE ENGINEER’S REVIEW AND SIGNATURE

• ISSUED ON SAME DAY AS SIGNED

• RECORDING

• RECONSIDERATION AND APPEAL

• CONTINUED USE AS AUTHORIZED

• AMENDMENTS BY CHANGE APPLICATION

• PROLONGED NON-USE

• CONTINUED USE AS AUTHORIZED

• AMENDMENTS BY CHANGE APPLICATION

• PROLONGED NON-USE

WATER RIGHT SUGGESTIONS

• VALUABLE ASSET

• KEEP GOOD RECORDS

• MAINTAIN UP-TO-DATE ADDRESSES AND OWNERSHIP

• VALUABLE ASSET

• KEEP GOOD RECORDS

• MAINTAIN UP-TO-DATE ADDRESSES AND OWNERSHIP

 

Well interference

                                                                                  

        If the cones of depression for two or more wells overlap, there is said to be well interference. This interference reduces the water available to each of the wells.

 

WELL INTERFERENCE WELL INTERFERENCE WELL INTERFERENCE WELL INTERFERENCE

Water Balance• Recharge

– Precipitation

– Runoff

– Return flow from irrigation

• Discharge

–Evapotranspiration

–Underflow

–Wells

QUESTIONS?