Public Meeting Concerning the Proposed Determination in the Harmony Park East Area

The Utah Division of Water Rights has set a public meeting to discuss the proposed determination of water rights within the Harmony Park East Subdivision, Salt Lake County East Division of Utah Lake/Jordan River Drainage Area (Area No. 57, Book 4).  The Harmony Park East Subdivision is the area between 3300 South and 3900 South, and between Main Street and 700 East, in Salt Lake County. The following information is from the public meeting notice:

What: Public Meeting

Who: Water Users within the Harmony Park East Area

When: September 16, 2015, 6:00 pm to 7:00 pm

Where: Granite Connection High School Auditorium, 501 East 3900 South, Salt Lake City

Purpose: In accordance with Chapter 73-4, Utah Code Annotated, and the Third Judicial District Court (Civil No. 360057298), 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 Harmony Park East Subdivision, Salt Lake County East Division, of the Utah Lake and Jordan River Drainage Area in Salt Lake County. Efforts are currently underway and over the next few months, representatives of the Division of Water Rights will be working in the Harmony Park East area to survey existing water use, contact water users, and review the water rights of record.  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 Harmony Park East Area; please contact Blake Bingham at (801) 538-7345.

Agenda:

1. Introduction - Blake Bingham, P.E., Adjudication Program Manager

2. Adjudication process presentation

3. Public comments and questions

For more information on the meeting, click here.

Proposed Appointment of a Special Master in General Adjudication

Recently, the Utah Division of Water Rights has asked the Third District Court to appoint a Special Master in the Utah Lake and Jordan River General Adjudication.  A Special Master is a person appointed by the court to take specific action on behalf of the court.  In the General Adjudication, the Division is asking to have a Special Master assist with resolving objections filed on the various Proposed Determinations in the General Adjudication.  The appointment of a Special Master in a General Adjudication is something that is new in Utah.  The proposal to appoint a Special Master is currently being advertised, and interested parties can file an opposition with the court.

Additional information, including the court pleadings, regarding the proposal to appoint a Special Master are available here.  The notice that was published is included below.

NOTICE TO WATER USERS OF MOTION TO APPOINT A MASTER IN THE UTAH LAKE AND JORDAN RIVER GENERAL DETERMINATION OF WATER RIGHTS.
A motion to appoint a master pursuant to Utah Rule of Civil Procedure 53 has been filed: IN THE MATTER OF THE GENERAL DETERMINATION OF RIGHTS TO THE USE OF WATER, BOTH SURFACE AND UNDERGROUND, WITHIN THE DRAINAGE AREA OF THE UTAH LAKE AND JORDAN RIVER IN UTAH, SALT LAKE, DAVIS, SUMMIT, WASATCH, SANPETE, AND JUAB COUNTIES IN UTAH. This action is pending in the Third Judicial District in and for Salt Lake County, State of Utah, Civil No. 360057298. The Division of Water Rights (State Engineer’s Office) has filed a motion to appoint a master pursuant to Utah Rule of Civil Procedure 53. Parties may obtain a copy of the motion and associated documents at www.waterrights.utah.gov/miscinfo/currentIssues.asp or on file with the 3rd District Court. Opposing memoranda are due within 30 days of the last date of publication of the 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 October 19, 2015 at 1:30 PM located at 450 South State Street Salt Lake City, UT 84114-1860, in room S32. 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.

Conversion of Shares into Acre-Feet

People often ask me how to convert shares into acre-feet.  Unfortunately, the answer is not as easy as one might expect.

At the outset, please note that this post focuses on water shares, not water rights.  To understand the distinction, visit here and here.  Water rights should already have acre-foot quantities associated with them--with the exception of certain circumstances, including undefined sole supply amounts for a water right.

The amount of water associated with a share in a water company (irrigation company, ditch company, canal company, etc.) is not consistent between companies.  As an example, there is one water company that I know of where 1 share is equal to 1/10th of an acre-foot of water, and there is another water company that I know of where 1 share is equal to 6 acre-feet of water.  The determination of how many acre-feet are associated with each share in a water company is, for the most part, a function of three components: (1) how many total acre-feet the water company is entitled to under its water rights, leases, contracts, etc.; (2) how many shares have been issued in the water company; and (3) how much water the water company's source(s) are able to produce.

As an example, suppose that a water company's water rights, in total, allow for the diversion of 1,000 acre-feet of water from a river for the irrigation of 250 acres (assuming the water company is in an area of the state where the duty is 4 acre-feet per acre).  Further suppose that the water company has issued 250 shares of stock.  On paper, each share would entitle the owner to irrigate 1 acre with 4 acre-feet of water.  Thus, each share represents 4 acre-feet of water.  But if it is a drought year and the river is running low, each shareholder may not actually receive 4 acre-feet of water per share.

Some water companies know how many acre-feet are represented by each share, usually because of shareholder change applications or other applications that have previously been filed with the Utah Division of Water Rights.  In fact, the Division keeps a list of water companies, and the list includes a spot for information about the number of acre-feet per share.  Some companies have this information (see example below), but most do not.  The reality is that many water companies will not know how many acre-feet are represented by each share, and a determination of this number could take some investigation, research, and calculation.

Water Right vs. Water Share - revisited

One of the my most visited blog posts is a post I wrote back in 2010 entitled "What Is the Difference Between a Water Right and a Water Share?"  The post explained that the two terms are not interchangeable, and that there are important differences between water rights and water shares.  Understanding the difference between water rights and water shares continues to be the most common confusion I encounter when speaking with people about Utah water.  Accordingly, I have decided to revisit my prior post, and this time provide some visual elements to help with the explanation.

Water rights are rights granted by the State of Utah, through the Utah Division of Water Rights (also known as the State Engineer's Office), that allow a person to use a specified amount of water from a specified source at a specified place for a specified use.  For example, the State may grant you a water right that allows you to divert 1 acre-foot from a well to use on your residential parcel to irrigate 0.25 acres.  Thus, a water right is granted directly from the State to the water right owner, as depicted below.




With water shares, the State issues water rights to a water company (ditch company, canal company, irrigation company, etc.).  So the company is the owner of the water rights.  The company issues shares to its shareholders.  By virtue of owning shares, the shareholders are entitled to receive and use a portion of the company's water rights. 



Many times people say "I have 3 shares of water," when what they really mean is that they own a water right that allows them to divert and use 3 acre-feet of water.  Conversely, many times people say "I have 5 water rights," when what they really mean is that they have 5 shares in a particular irrigation company.

The distinction between water rights and water shares is important in many contexts, including how the water rights or water shares are transferred, how change applications are filed, and whether the water transfers automatically with the land when the land is sold.