The Utah Division of Water Rights is in the process of adopting a new administrative rule regarding sole supply (now called "beneficial use limitations"). The proposed rule will be Utah Administrative Code rule R655-16, entitled "Administrative Procedures for Declaring Beneficial Use for Supplemental Water Rights." The following purpose and summary are taken from the Utah State Bulletin, where the proposed rule is published.
PURPOSE: "The purpose of this rule is to define procedures for resolving supplemental water right beneficial use quantification issues by agreement among the water right owners. The rule also defines state engineer assistance in apportioning beneficial use among water rights in a water use group."
SUMMARY: "This rule provides for a 'Declaration of Individual Beneficial Use Amounts' form to enable water right holders to declare beneficial use information and document agreement with that declaration by those with supplemental water rights. The rule provides conditions under which a water user may petition the state engineer for assistance in apportioning beneficial use among water rights in a water use group. The rule formalizes the procedure the state engineer will follow in the apportioning beneficial use among water rights in a water use group."
To view the entire proposed rule, click here. (The rule begins on page 62 of the document.)
(For an update on the new sole supply rule, click here.)
Wednesday, November 18, 2009
Tuesday, November 10, 2009
Is Title Insurance Available for Water Rights?
Title insurance policies can be purchased for water rights in Utah. There are two title companies in Utah that currently provide water right title insurance:
- First American Title Insurance Company. Contact Brad Dobson at 801-578-8820.
- Titan Tile Insurance Agency. Contact Rodney Dean at 801-300-0755.
Friday, November 6, 2009
Where Can I Find Utah Water Laws?
Utah water law can be found in several different sources, some of which are listed below:
The main source of Utah water law is the Utah Water Code, which contains Utah's statutes regarding water and water rights. The Utah Water Code which can be found in Title 73 of the Utah Code.
Utah administrative rules regarding water rights can be found in Title R655 of the Utah Administrative Code.
Utah administrative rules regarding water resources can be found in Title R653 of the Utah Administrative Code.
Utah administrative rules regarding drinking water can be found in Title R309 of the Utah Administrative Code.
Utah administrative rules regarding water quality can be found in Title R317 of the Utah Administrative Code.
The main source of Utah water law is the Utah Water Code, which contains Utah's statutes regarding water and water rights. The Utah Water Code which can be found in Title 73 of the Utah Code.
Utah administrative rules regarding water rights can be found in Title R655 of the Utah Administrative Code.
Utah administrative rules regarding water resources can be found in Title R653 of the Utah Administrative Code.
Utah administrative rules regarding drinking water can be found in Title R309 of the Utah Administrative Code.
Utah administrative rules regarding water quality can be found in Title R317 of the Utah Administrative Code.
Thursday, November 5, 2009
New Stream Access Bill
A few days ago, I received the first draft of a bill regarding recreational access to streams that could be introduced in the 2010 legislative session. This bill is being sponsored by Representative Lorie Fowlke (R-Orem). The bill is a "starting point for discussion" and will likely see some changes prior to being introduced in the 2010 legislative session, but I wanted to provide a brief summary of the bill as it currently stands.
In July 2008, the Utah Supreme Court issued its decision in Conatser v. Johnson. The court held that members of the public may enter a stream at a public access point and follow the stream through private land to float, hunt, fish, swim, or do any other recreational activity that utilizes the water without committing trespass.
In the 2009 legislative session, Representative Ben Ferry (R-Corinne) introduced House Bill 187. Under the bill, the public would be allowed to engage in recreational activities in rivers that cross private property only if the rivers are designated “public waters." The bill contained an initial list of "public waters" that could be amended by a recreational access board. The bill faced some stiff opposition, and was ultimately defeated in the House.
Since the 2009 session, Representative Fowlke has been working with many of the interested parties to craft a new bill. Here are some "highlights" of the bill:
-Persons engaged in recreational activities are permitted to touch a private bed under public waters (natural streams, rivers, lakes, etc.). Unlike the 2009 bill, this bill does not limit access to only larger rivers and streams. There is a limitation, however, that the recreational activity must be "consistent with the amount of water actually present at the time the activity occurs."
-The "bed" of a stream is defined as the area that is beneath the ordinary high water mark and within five feet of the water body. Thus, under the bill, a fisherman does not have to have "wet feet" to avoid trespassing. Some landowners do not like this definition, and want to see the defintion of "bed" changed to be only the part of the bed that is actually covered by water.
-A person may enter private land to portage around manmade obstructions (e.g., fences), but may not enter private land to portage around natural obstacles (e.g., boulders).
-Hunting is specifically excluded as a recreational activity.
-Each person who purchases a fishing license must purchase a $5.00 public access stamp. The money obtained will be used to stock fish, enforce public access laws, educate the public about public access laws, and construct fence ladders and other improvements to fences across public waters. The public access stamp requirement is already raising some protest, and could be removed from the bill.
Overall, Representative Fowlke's bill is a vast improvement from the 2009 bill, but may still face opposition and may see many changes prior to and during the 2010 legislative session.
If you would like to view the draft bill, it is availabe here.
In July 2008, the Utah Supreme Court issued its decision in Conatser v. Johnson. The court held that members of the public may enter a stream at a public access point and follow the stream through private land to float, hunt, fish, swim, or do any other recreational activity that utilizes the water without committing trespass.
In the 2009 legislative session, Representative Ben Ferry (R-Corinne) introduced House Bill 187. Under the bill, the public would be allowed to engage in recreational activities in rivers that cross private property only if the rivers are designated “public waters." The bill contained an initial list of "public waters" that could be amended by a recreational access board. The bill faced some stiff opposition, and was ultimately defeated in the House.
Since the 2009 session, Representative Fowlke has been working with many of the interested parties to craft a new bill. Here are some "highlights" of the bill:
-Persons engaged in recreational activities are permitted to touch a private bed under public waters (natural streams, rivers, lakes, etc.). Unlike the 2009 bill, this bill does not limit access to only larger rivers and streams. There is a limitation, however, that the recreational activity must be "consistent with the amount of water actually present at the time the activity occurs."
-The "bed" of a stream is defined as the area that is beneath the ordinary high water mark and within five feet of the water body. Thus, under the bill, a fisherman does not have to have "wet feet" to avoid trespassing. Some landowners do not like this definition, and want to see the defintion of "bed" changed to be only the part of the bed that is actually covered by water.
-A person may enter private land to portage around manmade obstructions (e.g., fences), but may not enter private land to portage around natural obstacles (e.g., boulders).
-Hunting is specifically excluded as a recreational activity.
-Each person who purchases a fishing license must purchase a $5.00 public access stamp. The money obtained will be used to stock fish, enforce public access laws, educate the public about public access laws, and construct fence ladders and other improvements to fences across public waters. The public access stamp requirement is already raising some protest, and could be removed from the bill.
Overall, Representative Fowlke's bill is a vast improvement from the 2009 bill, but may still face opposition and may see many changes prior to and during the 2010 legislative session.
If you would like to view the draft bill, it is availabe here.
Saturday, September 26, 2009
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.
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.
Friday, September 25, 2009
Division of Water Rights Public Information Meetings
The Southeastern Regional Office of the Utah Division of Water Rights will be holding a series of public information meetings in Price, Green River, and Moab. The purpose of the meetings is to discuss water policies, processes, recent legislative changes. The agenda includes discussions of the Endangered Fish policy, the Colorado River policy, the appropriation policy in Willow Basin and Upper Mill Creek, and federal reserved water rights for Arches National Park.
The meeting schedule is as follows:
Price--Tuesday, September 29th, 6:00 pm, CEU Alumni Room
Green River--Wednesday, September 30th, 10:00 am, Green River City Hall
Moab--Wednesday, September 30th, 2:30 pm, Grand Center
To view a flyer containing more information, click here.
To view the agendas for the meetings, click here.
The meeting schedule is as follows:
Price--Tuesday, September 29th, 6:00 pm, CEU Alumni Room
Green River--Wednesday, September 30th, 10:00 am, Green River City Hall
Moab--Wednesday, September 30th, 2:30 pm, Grand Center
To view a flyer containing more information, click here.
To view the agendas for the meetings, click here.
Saturday, September 19, 2009
Snake Valley Agreement
A proposed "Agreement for Management of the Snake Valley Groundwater System" was released a few weeks ago. This purpose of the proposed agreement is to establish "a cooperative relationship between the States of Utah and Nevada regarding the management of interstate groundwater resources." The proposed agreement has caused quite an uproar in Utah (click here for a sample news article from the Deseret News), as many residents in the Snake Valley area feel that Nevada is getting the better end of the deal.
To read the proposed agreement, click here.
To read the proposed agreement, click here.
2009 Utah Groundwater Report
Each year, the United States Geological Survey (USGS) publishes a report on groundwater conditions in Utah. The report is prepared and published in cooperation with the Utah Division of Water Resources, the Utah Division of Water Rights, and the Utah Division of Water Quality. The report is a valuable resource containing information on well construction, groundwater withdrawal, groundwater level changes, groundwater quality, and much more.
The 2009 report was recently released. It is available online here.
The 2009 report was recently released. It is available online here.
Tuesday, August 4, 2009
New Adjudication Team Leader
In July, it was announced that James Greer will be the new Adjudication Team Leader at the Utah Division of Water Rights. Mr. Greer replaces Teresa Wilhelmsen, who was recently named the new Regional Engineer for the Utah Lake/Jordan River Area.
For contact information for Mr. Greer and other employees of the Division of Water rights, click here.
For an explanation of what an Adjudication is, click here.
For contact information for Mr. Greer and other employees of the Division of Water rights, click here.
For an explanation of what an Adjudication is, click here.
Wednesday, July 15, 2009
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.
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.
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