Historic Property Effect Evaluations

Under Utah Code section 9-8-404, a state agency is not supposed to approve any undertaking without taking into account the undertaking’s possible effects on historic property and providing the state historic preservation officer with a written evaluation of any effect the undertaking may have on the historic property. In order to implement this statute, the Utah Division of Water Rights now requires applicants to fill out a Historic Property Effect Evaluation (“HPEE”). A completed HPEE must be submitted with all applications to appropriate, change applications, exchange applications, well rush letters, well replacements, non-production well authorizations, geothermal well applications, dam applications, and stream gage installations.

The HPEE form asks the applicant to (1) describe the physical effects to the land will occur to the land surface under the proposed project; (2) describe any historic properties that could be affected by the proposed project; (3) describe any historic property survey that has been conducted at or near the site of the proposed project; and (4) state whether there is a federal or state connection to the proposed project that would require a historic property evaluation. The HPEE form is to be completed by the applicant, but is to be signed by a representative of the Division of Water Rights.

The HPEE form is available by clicking here.

[Update: As of November 2012, HPEEs are no longer required for water right applications.]