New Interface for Monitoring Water Claims Filed in General Adjudications

The Utah Division of Water Rights has just released a new webpage that acts as an interface to provide more transparency and information regarding ongoing general adjudications of water rights. The webpage allows users to check on individual water claims filed in the various ongoing adjudication areas. The webpage shows when Notices to File Claims were filed by the Division and the associated deadlines for filing claims. The webpage also shows when each claim was filed, when the Division performed a field review of the claim, and when the Division issued its State Engineer's Recommendation for the claim. This new tool will be very helpful in allowing water users to track the status of their water claims and ensure that claims are received and processed by the Division.

To access the webpage, click here.

Water Calculation App for Android

A few months ago, Smith Hartvigsen announced the launch of its iPhone app "Water Chart."  Smith Hartvigsen is now pleased to announce that the Water Chart app is also available for Android phones.  The app allows the user to make water measurement conversions, such as:

• Convert gallons per minute (gpm) to cubic feet per second (cfs)
• Convert millions of gallons to acre-feet
• Convert cubic feet per second (cfs) to acre-feet per year 

 The app also converts measurements associated with land, such as:

• Convert feet to miles
• Convert rods to feet
• Convert links to feet
• Convert kilometers to miles
• Convert square feet to acres

The app also contains other useful information about Utah water rights, the public land survey system (section, township, and range), and more.

For more information and to download the Android app, click here.

Water Calculation App for iPhone

Smith Hartvigsen is pleased to announce the launch of its new iPhone app, "Water Chart."  The app allows the user to make water measurement conversions, such as:

• Convert gallons per minute (gpm) to cubic feet per second (cfs)
• Convert millions of gallons to acre-feet
• Convert cubic feet per second (cfs) to acre-feet per year 

 The app also converts measurements associated with land, such as:

• Convert feet to miles
• Convert rods to feet
• Convert links to feet
• Convert kilometers to miles
• Convert square feet to acres

The app also contains other useful information about Utah water rights, the public land survey system (section, township, and range), and more.

For more information about the app, click here.

(Update: The Water Chart app is now also available for Android phones.  Click here for more information.)

Where Can I Get Copies of Proposed Determinations?

As discussed in a prior article, an important part of a General Adjudication is the publication of the Proposed Determination.  Unless an objection is submitted, the Proposed Determination is the governing document until a final Decree is issued. 

Copies of Proposed Determinations are available on the Utah Division of Water Rights' website.  Click here to access the list of Proposed Determinations available online, which are listed in order of water right areas.

What Is a Pending Adjudication Claim?

According to the Utah Division of Water Rights, a Pending Adjudication Claim "is a water user claim submitted to the Division as part of a general adjudication, with no other basis for the claim in [the Division's] records, and without the benefit of being published in a proposed determination and affirmed by the district court."

The most common Pending Adjudication Claim is demonstrated by the following example (based on a real matter that I worked on):
Farmer Jones owns 20 acres of land that he irrigates with water from a small creek, just like his family has done since the 1890s. Although Farmer Jones has a valid water right based on diligence (i.e., pre-1903 water use), no diligence claim has ever been filed to put the water right on record. In the early 1970s, the Utah Division of Water Rights initiates a general adjudication in the area. Farmer Jones fills out and submits a Water Users Claim, under which he seeks to establish the 1890 right to divert water from the creek for the irrigation of 20 acres. Unfortunately, however, the general adjudication process is never completed, and no proposed determination or decree is ever published.

The Division of Water Rights would classify Farmer Jones' claimed water right as a Pending Adjudication Claim. Note that it is a "claimed" water right, as the Division does not recognize it as a fully-established water right. The Division of Water Rights will not allow Farmer Jones to take certain actions on his water right (like file a Change Application) until the water right is fully established, which requires that either (1) Farmer Jones files a diligence claim, or (2) a proposed determination or decree is published in the general adjudication. The likelihood of #2 occurring is very low, since it has been 40 years since the general adjudication began. Thus, Farmer Jones would need to file a diligence claim to establish the water right.

Water rights that are classified as Pending Adjudication Claims will also have a large warning on the water rights database that states "Please be aware that the claim under this Water Right has NOT been established in accordance with statute and its validity is in question. Therefore, CAUTION is advised when relying upon this record." For this reason, it may be difficult to sell a Pending Adjudication Claim unless the water right has been established by the filing of a diligence claim.

What Are Hydrographic Survey Maps?

As part of the General Adjudication process, the Utah Division of Water Rights prepares hydrographic survey maps. These maps show all of the water use in a particular area, including the location and acreage of all irrigated land and the location of all streams, wells, springs, and other water sources.

Hydrographic survey maps can be very useful when researching how water was used in the past and when trying to determine appurtenancy and title issues for Reports of Water Right Conveyance.

Most of the hydrographic survey maps are available online by clicking here.

What is an ELU?

Records of the Utah Division of Water Rights often utilize the term “ELU.” This abbreviation stands for Equivalent Livestock Unit, which is a standardized measure related to the watering of various sized livestock. For example, 1 ELU could represent 1 large animal, such as a cow or horse; 5 medium-sized animals, such as sheep or goats; or 33.33 small animals, such as chickens or turkeys. Accordingly, if you have a water right that allows for stockwatering of 50 ELUs, you would have enough water for 50 cows, or 250 sheep, or 1,666 chickens (or a combination of animals, such as 40 cows and 50 sheep).

Livestock Water Use Certificates

In 2008, the Utah Legislature passed House Bill 208 (HB 208) entitled "Livestock Watering Rights." The bill enacted Utah Code section 73-3-31, which attempted to limit the right of the Bureau of Land Managment (BLM) and other public land agencies from acquiring livestock water rights. To read the 2008 bill, click here.

In 2009, the Utah Legislature passed House Bill 256 (HB 256) to amend Utah Code section 73-3-31. The bill provided that after May 12, 2009, a public land agency can only acquire a livestock watering right if it does so jointly with the beneficial user (i.e., the holder of the grazing permit). The bill also clarified that the State Engineer cannot approve a change application on a livestock water right unless the beneficial user consents to the change. The public land agency and/or the beneficial user can request a livestock water use certificate. To read the 2009 bill, click here.

To read the current version of Utah Code section 73-3-31, click here.

To access the Utah Division of Water Right's online livestock water certificate application form, click here.

For an interesting article about the history and legal analysis of the livestock watering law, click here.

What Are the Policies for the Water Right Areas in Utah?

For administrative purposes, the Utah Division of Water Rights divides the state into a number of areas. In a water right number, the digits preceding the hyphen identify the area in which the water right is located. For example, a water right starting with “25-” is located in Area 25, which covers Cache County.

Each area has a page that contain information and policies that are specific to that area. You can view the area information and policies by accessing the area map located here, then clicking on the area that you wish to read more about.

Area pages contain the following information:
Description: explains the boundaries of the area and important characteristics of the area.
Management: describes decrees, proposed determinations, distribution systems, groundwater management plans, compacts, and other documents that relate to the management and distribution of water in the area.
Sources: describes the appropriation policies for the area (i.e., whether the area is open to appropriation of surface water or groundwater), as well as policies related to change applications.
General: describes which newspaper(s) notices are published in, the irrigation duty for the area, and other information.
References: contains links to groundwater studies, hydrologic data, and other studies and publications relating to the area.
Map: shows the boundaries of the area and the cities/towns located in the area.

Where Can I Get Copies of Water Decrees?

Utah water law provides for a general adjudication process under which all water rights in an area are adjudicated. The final step in this process is for the court to enter a decree that establishes the water rights. In many areas of the state, these decrees become the most important document with respect to water rights. Copies of decrees are available on the Utah Division of Water Rights' website. Click here to access the complete list of decrees, which have been organized by county.

Below, I have provided the links to some of the most common decrees:

Provo River Decree (1921) - available here or here

Weber River Decree (1937) - click here

Ogden River Decree (1948) - click here

Sevier River Decree [aka “Cox Decree”] (1936) - click here

Big Cottonwood Creek Decree [aka “Morse Decree”] (1914) - click here

Little Cottonwood Creek Decree [aka “Morse Decree”] (1910) - click here

How Do I Receive Email Notification of Action Taken on My Water Right?

The Utah Division of Water Rights has a service that sends you an email notification when new documents are placed your water right file. The notification service is free, and is easy to use. To use the service, click here and follow the directions below.

If you are a new user, click on the “Register Here” button. You will then be asked to provide your email address and a password. You can then enter the water right or change application number, and hit the “Add Application” button. This will add the water right to your notification list.

You can add as many water rights to your notification list as you want. You are also not limited to tracking your own water rights, so if there are water rights owned by others that you want to track, you can add those water rights to your notification list as well.

Although the notification service is very useful, it is not a complete substituting for receiving notices by mail. Accordingly, water right owners should ensure that their address is current on the Division of Water Rights’ database.

How Do I Check the Status of a Report of Conveyance?

If you have submitted a Report of Conveyance ("ROC") to the Utah Division of Water Rights, you can check its status by clicking here. If the ROC has not yet been processed, it will be in the “Pending” tab. If the ROC has been processed and approved, it will be in the “Completed” tab. If the ROC has been processed but has been rejected, it will be in the “Returned” tab.

What Is a Report of Conveyance?

As discussed in a previous blog post, water rights in Utah are generally transferred either by deed or through appurtenance. Thus, true ownership of a water right is determined by researching the deeds at the county recorder’s office. The Utah Division of Water Rights maintains a database of all water rights and associated information, which includes the name(s) of the owner(s) of each water right. The Division does not, however, actively monitor any transfers of water rights; rather, the Division relies on each water right owner to file a Report of Water Right Conveyance (more commonly referred to as a Report of Conveyance or a "ROC") to notify the Division when ownership transfers. Thus, the purpose of a Report of Conveyance is to notify the Division of Water Rights of the true ownership of a water right.

It is important that a water right owner update title with the Division of Water Rights. Any notices or correspondence that affect a water right will be sent to the owner of record on the Division of Water Rights' database. There have been many unfortunate occasions where, because title was not updated with the Division, a water right owner has not received communications regarding important deadlines that affect their water rights. Furthermore, until title is updated with the Division, a water right owner cannot file proof, file a change application, etc.

There are two different Report of Conveyance forms: a 100% conveyance form and a portion conveyance form. The 100% conveyance form is used if the grantor (seller) is conveying all of his/her interest in the water right. The portion conveyance form is used if the grantor (seller) is conveying only a portion of his/her interest in the water right.

In certain situations (e.g., when a water right has passed by appurtenance), the Report of Conveyance must include a certification by a licensed attorney, professional engineer, title insurance agent, or professional land surveyor. Copies of all relevant deeds must be included with the Report of Conveyance, as well as maps if the water passed by appurtenancy. For a helpful guide for determining if your Report of Conveyance will meet the Division's standards for processing, you should refer to the Report of Water Right Conveyance Review Checklist. This is the same checklist the Division's title department will use when reviewing the Report of Conveyance to see if it is complete.

To review the Utah Administrative Code rules regarding Reports of Conveyance, click here.

How Do You Update Your Address with the Utah Division of Water Rights?

In a previous post, I explained how to look up water rights on the Utah Division of Water Rights’ website. Each water right has an owner (or owners) listed at the top of the water right printout, with a corresponding mailing address. Many times, I find that the mailing address listed is incorrect or out-of-date. It is important that water right owners keep this address current. Any notices or other correspondence related to the water right will be mailed to the address on file with the Division. The Division will not actively ensure that the address is correct; rather, the Division relies on the water right owners to notify the Division of any changes.

The procedure to change an address is very simple and can be done online. Once you have pulled up the water right on the Division’s website (see instructions here), click on the drop-down menu in the top left corner and select "Modify an Owners Address." A list of owners will appear. Click the circle next to the owner whose address is to be modified. A new screen will appear where you can fill in the new address. It will also ask for a telephone number and email address to complete the submission.

It is important to note that the address modification procedure can be used only to update the address of a current owner. If the owner has changed (e.g., the water right has been sold, transferred to a trust, etc.) or if the owner’s name has changed (e.g., through marriage), this information must be updated by using a Report of Conveyance.

How Do I Find the Names of Officers and Directors of Irrigation and Canal Companies?

Have you ever tried to find out who the president of an irrigation or canal company is? Or have you ever tried to find out who the other officers and directors of an irrigation or canal company are? Here are a few places you can try:

The Utah Division of Water Rights maintains a list of water companies. The companies are listed alphabetically by county. As a caveat, the list is not always up to date and some companies have more listed information than others. Click here to access the list.

Most irrigation companies and canal companies are nonprofit corporations, so they are registered with the Utah Division of Corporations. The Division has a Business Entity Search, which allows you to search for a company. The basic search is free, but the results only list the company's registered agent. To see the officers and directors, you can click on the "Access Principal Information" bottom at the bottom of the page, but there is a $1.00 fee. Click here to access the Business Entity Search.

Also, if you are a shareholder in an irrigation company or canal company, then you have the right to request a list of the names and addresses of the current officers and directors of the company. Click here for more information.

Some water providers are not private companies, but are districts. For a list of service districts, click here.

How to Search for Utah Water Rights

The Utah Division of Water Rights maintains a very useful website that contains information about every water right in Utah. There are several different ways to search for information on a water right on the website.

The easiest way to search is by water right number. If you know the water right number, simply click here, enter the water right number, and hit “Submit Query.” This will bring up the database summary for the water right.

If you don’t know the water right number, but you do know the name of the water right owner, click here, enter the owner name, and click “Display Results.” If the owner is an individual, enter the last name first, then the first name (separate the last name and the first name with a comma). If the owner is a business entity, enter the entity’s name.

If you don’t know the water right number or the owner name, but you know the name of the river, stream, spring, or other source, you can search by the source name. Click here, select “Text Search on Source of Supply,” enter the source name, then click “Display Results.”