What Is a Proof Due Notice?

If you own a water right, you may receive a proof due notice from the Utah Division of Water Rights. It is important that you understand what the notice is and what actions you need to take in response to the notice. Failure to take the proper actions could result in the Division lapsing your water right or water application.

When the Division approves an application to appropriate, a change application, or an exchange application, the Division sets a proof due date. This is the deadline by which the water right owner must file "Proof" on the application. For example, if the Division approves an application to divert 1.73 acre-feet from a new well for 1 home, 0.25 acres of irrigation, and 10 head of livestock, then the Proof must be filed to show that the well has been drilled; the home has been constructed; 0.25 acres of lawn/garden are being irrigated; and there are 10 head of livestock on the property. Generally speaking, the Division sets the proof due date to be five years from the date of the approval of the water application.

Sixty days before the proof due date, the Division mails a proof due notice to the water right owner of record. If all of the work is completed, the water right owner can prepare and file the Proof. If, however, additional work is needed to put the water to full beneficial use according to the approved application, the water right owner can file an Extension Request to request that the Division extend the proof due deadline another couple of years. 

It is critical that the water right owner file Proof or an Extension Request with the Division before the proof due date. If neither Proof or an Extension Request is timely filed, the Division will lapse the water application, which will result in the water right owner losing the right to divert and use water as previously approved. 

The Division has recently made it possible to submit Extension Requests online. To access the online Extension Request form, click here. If you need assistance filling out and submitting an Extension Request, feel free to contact me.