Retirement Celebration for Kent L. Jones

The Utah Division of Water Rights will be hosting a retirement celebration for State Engineer Kent L. Jones on Monday, November 4, 2019 from 3:00-5:00 pm at the Department of Natural Resources building.

Kent L. Jones Announces Retirement as State Engineer

Kent L. Jones, who has served as Utah State Engineer for the past ten years, has announced that he will be retiring from public service on November 16, 2019. The following information comes from the official announcement from the Utah Department of Natural Resources.

Kent L. Jones, P.E., the current state engineer and director of the Utah Division of Water Rights, has announced that he will retire from public service Nov. 16. Jones has spent almost 39 years with the division.

The governor appoints and the Utah Legislature approves the position of state engineer. Efforts are underway to identify and consider potential candidates.

Jones began his career with the division in 1981. While with the division, he has served in various roles, including assistant regional engineer for Utah Lake/Jordan River, regional engineer for the Weber River and West Desert, directing engineer for appropriations and title, and many more.

Jones was initially appointed state engineer by Gov. Jon Huntsman in 2009, and then reappointed to two additional four-year terms by Gov. Gary R. Herbert.

“I appreciate Kent’s commitment and years of dedication and service to the state of Utah,” said Gov. Herbert. “His leadership has played a vital role in the state’s ability to solve complex water challenges, and our ability to administer the appropriation and distribution of Utah’s water.”

As state engineer, Jones has represented the state and division through 11 legislative sessions and has been involved in a significant number of water right bills and adopted legislation. He has served as a technical advisor to the Utah Water Task Force and on the governor’s water strategy team.

Changes to Report of Conveyance Form

The Utah Division of Water Rights has made some changes to its Report of Conveyance form for a partial conveyance of a water right. The primary change is that the portion form now includes a cover page where you list the new owners name and contact information, fill out information regarding the portion being conveyed to the new owner, and fill out information regarding the portion being retained by the old owner(s).

The Report of Conveyance portion form can be filled out online by clicking here.

Public Meeting Concerning the General Adjudication in Provo Canyon Area

The Utah Division of Water Rights has set a public meeting to discuss the general adjudication of water rights in the Provo Canyon area in the Provo River Division of the Utah Lake/Jordan River Drainage (Area 55, Book 9). The Provo Canyon area generally includes the area in the Provo River drainage that is above the mouth of Provo Canyon and below Deer Creek Reservoir. The following information is from the public meeting notice:

What: Public Meeting

Who: Water Users within the Provo Canyon area

When: October 2, 2019, 6:00 to 7:00 pm

Where: Provo Recreation Center, 320 West 500 North, Provo

Purpose: In accordance with Chapter 73-4, Utah Code Annotated, and the Third Judicial District Court (Civil No. 365729848), the State Engineer is authorized and ordered to conduct a general determination of the rights to the use of all water, both surface and underground, within the drainage area of the Provo Canyon Subdivision, Provo River Division, of the Utah Lake and Jordan River drainage in Utah County. Efforts are currently underway and over the next few months, representatives of the Division of Water Rights will be working in the Provo Canyon area to survey existing water rights and investigate water user's claims. In light of this work, the public is invited to a public meeting. Representatives from the Division of Water Rights will be available during this time to discuss the adjudication process, review water rights within the area, and answer questions. If individuals cannot attend, but have questions regarding the adjudication process or water rights within the Provo Canyon area, please contact the Division of Water Rights at 801-538-5282.
Agenda:
1.  Introduction (Blake Bingham, P.E. - Assistant State Engineer)
2.  Adjudication Process Presentation
3.  Public Comments and Questions

A live stream broadcast of the public meeting will also be available online at this link.

For more information about this meeting, click here.

New Online Tool for Preparing Affidavits of Beneficial Use

The Utah Division of Water Rights has debuted a new online tool to help water right owners prepare Affidavits of Beneficial Use.

Under Utah law, a water right owner is required to file Proof on certain water right applications, including Applications to Appropriate, Exchange Applications, and Change Applications. A Proof must be prepared by a licensed engineer or surveyor. For small applications, however, a water right owner can prepare and file an Affidavit of Beneficial Use instead of having to file Proof. A small application is defined as an application for less than 1 home, 0.25 acres of irrigation, and 10 head of livestock.

The new online tool will make it even easier for water right owners to prepare and file Affidavits of Beneficial Use, as well as the maps required to accompany the Affidavits. The new tool is available here.

Groundwater Management Plan and Policy Update for Cedar City Valley

The Utah Division of Water Rights has set a meeting to discuss a groundwater management plan and policy update for Cedar City Valley in Iron County. The following information is from the public meeting notice:

What: Public Meeting
Who: Cedar City Valley water users
When: October 15, 2019, 6:30 pm to 8:30 pm
Where: Cedar High School Auditorium, 703 West 600 South, Cedar City
Purpose: The purpose of the meeting is to discuss a groundwater management plan and policy update for Cedar City Valley in Iron County.  Personnel from the Division of Water Rights will be available to take all questions and comments provided by the general public and interested parties.
If you are unable to attend the meeting, but would like to provide input, please send your written comments to:
Division of Water Rights
646 North Main St.
PO Box 506
Cedar City, UT 84721-0506

Agenda:
1. Welcome/Introduction
2. Groundwater Management Plan and Policy Update Discussion
3. Public Questions/Comments

For additional information regarding the meeting, click here.

Public Meeting Regarding Water Policy in Snake Valley

The Utah Division of Water Rights has set a public meeting to discuss the water right policy for Snake Valley, which includes parts of Iron County, Millard County, Juab County, and Tooele County. The following information is from the meeting notice:

Who:	Water Users in Snake Valley
When:	September 26, 2019, 5:00 p.m.
Where:	Eskdale High School 1000 Circle Drive Eskdale, Utah
Purpose:	The purpose of the meeting is to discuss water right policy in Snake Valley. Representatives from the Division of Water Rights will be available to answer questions and receive comments input from the public on prospective appropriation policy and management in the basin.
Agenda:	Presenting: Kent Jones, State Engineer, Michael Drake, Regional Engineer and Jim Reese 1. Introduction 2. Current Policy Overview 3. Current Conditions 4. Groundwater Management Plan Discussion 5. Public Questions and Input
Comments:	If you would like to provide input, please send written comments to:Utah Division of Water Rights Attn: Snake Valley Public Meeting P.O. Box 146300 Salt Lake City, UT 84114-6300 waterrights@utah.gov

Motion to Appoint Special Master in Virgin River General Adjudication

The Utah Division of Water Rights has filed a Motion with the Fifth District Court to appoint Rick L. Knuth as the Special Master for the General Adjudication of Water Rights in the Virgin River area. The following information is taken from the Division's notice regarding the Motion.

A motion to appoint R.L. Knuth as Special Master pursuant to Utah Rule of Civil Procedure 53 has been filed in the case entitled IN THE MATTER OF THE GENERAL DETERMINATION OF RIGHTS TO THE USE OF WATER, BOTH SURFACE AND UNDERGROUND, WITHIN THE DRAINAGE AREA OF THE VIRGIN RIVER IN WASHINGTON, IRON, AND KANE COUNTIES IN UTAH. This action is pending in the Fifth Judicial District in and for Washington County, State of Utah, Civil No. 800507596. The Division of Water Rights, also known as the Office of the State Engineer, has filed a motion to appoint R.L. Knuth as Special Master pursuant to Utah Rule of Civil Procedure 53. Parties may obtain a copy of the motion and associated documents at https://waterrights.utah.gov/adjdinfo/default.asp, or on file with the Fifth District Court. A party may object to the appointment of any person as a master on the same grounds as a party may challenge for cause any prospective trial juror in the trial of a civil action. Utah Rule of Civil Procedure 53(f). Such objections are due within 30 days of the final date of publication of this notice. Replies to opposing memoranda are due within 30 days of the final date for filing opposing memoranda. The Court has set a hearing on the motion on November 18, 2019 at 2:00 p.m. located at 206 West Tabernacle, St. George, Utah. For more information, please contact the Utah Division of Water Rights at (801) 538-7240 or the Attorney General’s Office at (801) 538-7227.

For more information and related documents, click here.

Public Meeting Concerning the General Adjudication in Provo City North Area

The Utah Division of Water Rights has set a public meeting to discuss the general adjudication of water rights in the Provo City North area in the Provo River Division of the Utah Lake/Jordan River Drainage (Area 55, Book 7). The Provo City North area generally includes the area between 800 North (Provo) on the south, 800 North (Orem) on the north, the Provo River on the west, and the Rock Canyon drainage boundary on the east (see map below). The following information is from the public meeting notice:

What: Public Meeting

Who: Water Users within the Provo City North area

When: August 20, 2019, 6:00 to 7:00 pm

Where: Provo Recreation Center, 320 West 500 North, Provo

Purpose: In accordance with Chapter 73-4, Utah Code Annotated, and the Third Judicial District Court (Civil No. 365729847), the State Engineer is authorized and ordered to conduct a general determination of the rights to the use of all water, both surface and underground, within the drainage area of the Provo City North Subdivision, Provo River Division, of the Utah Lake and Jordan River drainage in Utah County. Efforts are currently underway and over the next few months, representatives of the Division of Water Rights will be working in the Provo City North area to survey existing water rights and investigate water user's claims. In light of this work, the public is invited to a public meeting. Representatives from the Division of Water Rights will be available during this time to discuss the adjudication process, review water rights within the area, and answer questions. If individuals cannot attend, but have questions regarding the adjudication process or water rights within the Provo City North area, please contact the Division of Water Rights at 801-538-5282.
Agenda:
1.  Introduction (Blake Bingham, P.E. - Assistant State Engineer)
2.  Adjudication Process Presentation
3.  Public Comments and Questions

A live stream broadcast of the public meeting will also be available online at this link.

For more information about this meeting, click here.

Rocky Ford Irrigation Company v. Kents Lake Reservoir Company

**NOTE - This decision was withdrawn by the Utah Supreme Court and replaced with an amended decision.

The Utah Supreme Court recently issued its decision in the case of Rocky Ford Irrigation Company v. Kents Lake Reservoir Company. The case focuses on the issues of water efficiency savings, impairment of others' water rights, and obligations to measure water diversions.

Rocky Ford and Kents Lake are two irrigation companies on the Beaver River system. Both irrigation companies have various direct flow water rights and storage water rights with varying priority dates. In 1931, the Fifth District Court issued the Beaver River Decree, which divided the Beaver River system into an upper portion and a lower portion. Upper water users were allowed to divert water prior to lower water users, despite a later priority date, in part because the lower water users benefitted from return flows from the upper water users' flood irrigation. The Decree also required that all points of diversion be equipped with measuring devices.

In the 1930s and 1940s, Kents Lake filed applications with the State Engineer to construct Three Miles Reservoir in the upper portion of the Beaver River system. Rocky Ford protested the applications, but the State Engineer ultimately approved the applications. In 1953, Rocky Ford and Kents Lake entered into an agreement in which Rocky Ford agreed not to protest future change applications associated with Three Mile Reservoir, and Kents Lake agreed not to oppose Rocky Ford's expansion of its reservoir located in the lower portion of the Beaver River system. Kents Lake later filed a change application, and Rocky Ford did not protest it. Kents Lake later certificated this change application with the State Engineer.

Beginning in the 1970s, Beaver River water users began converting from flood irrigation to sprinkler irrigation. Rocky Ford alleged that it was being harmed due to the reduced return flows from upper water users and due to Kents Lake storing the "saved" water from the efficiency gains in its reservoir. In 2010, Rocky Ford filed a lawsuit against Kents Lake alleging water right interference, conversion of water rights, and negligence. Rocky Ford asserted that its water rights had been impaired by the actions of Kents Lake, including the storage change application and the failure to measure water diversions. Following a trial, the district court ruled in favor of Kents Lake. Rocky Ford then appealed the case to the Utah Supreme Court.

The Court first reviewed Rocky Ford's claims of impairment. The Court determined that even though Kents Lake had filed change applications in the 1950s, the water rights retained their (much earlier) original priority dates. And the Court rejected the "hybrid priority approach" that the priority date of the change applications is relevant to impairment, but the original priority is relevant to distribution. The Court then determined that parties cannot "claim impairment in perpetuity" and that "an impairment claim must be raised during the protest period before the State Engineer." Interestingly, the Court also implied that impairment protests can and should be raised at the proof stage, despite the fact that there is no public notice or protest period when proofs are filed or certificates are issued. Based on these determinations, the Court concluded that Rocky Ford had "failed to participate in any administrative proceedings" and therefore cannot claim impairment now.

The Court next examined whether Kents Lake is allowed to store the water it saves through increased irrigation efficiency. The Court determined that the lower water users "have no claim on runoff before it reenters the stream" and therefore "have no claim against upper water users requiring them to create a return flow." Based on these determinations, the Court concluded that "Rocky Ford has no claim to Kents Lake's efficiency gains."

The Court next examined Kents Lake's obligations to measure its water diversions. Kents Lake asserted--and the district court had agreed--that even though Kents Lake did not measure all of its diversions, it was compliant because it did all measuring required by the State Engineer. But the Court noted that both Utah law (Utah Code section 73-5-4) and the Beaver River Decree require Kents Lake to measure all of its diversions. Thus, the Court reversed the district court on this point.

The Court finished its opinion by determining that the district court had properly concluded that the 1953 Agreement between Rocky Ford and Kents Lake should not be rescinded, and determining that the district court had erred in granting an award of attorney fees to Kents Lake.