| Who: | Entities who have current or would like to investigate ASR projects. Consultants who assist in the permitting, design, or construction of ASR projects. |
| When: | February 21, 2018, 9:00 a.m. |
| Where: | Department of Natural Resources, Room 1040 1594 W. North Temple Salt Lake City, UT 84116 |
| Purpose: | This joint training held by the Utah Divisions of Water Rights, Water Quality, Drinking Water and the Utah Geological Service focuses on Aquifer Storage And Recovery. It will expound on how to obtain the necessary permits and how to successfully plan and implement a pilot project. The divisions will also touch on the ways that they are collaborating to ensure that this program is strategic and successful and will answer questions. |
| Agenda: | 1. Water Rights ASR Perming Process - James Greer, PE 2. Utah Underground Injection Control (UIC) Program - Candace Cady, MS, PG 3. Drinking Water Requirements - Ying-Ying Macauley, MS, PE 4. Design and Implementation of an ASR pilot project - Paul Inkenbrandt, PG |
Please RSVP by e-mailing teresawilhelmsen@utah.gov to reserve a seat. |
Thursday, December 14, 2017
Training on Aquifer Storage and Recovery
The Division of Water Rights will be hosting a training session on navigating the permitting process for aquifer storage and recovery ("ASR") projects. The following information comes from the Division's notice regarding the training session.
Monday, December 4, 2017
Public Meeting Concerning Groundwater Policies in Box Elder County
The Utah Division of Water Rights has announced a public meeting regarding an update to the groundwater appropriation policies for the Malad and Bear River drainages within Box Elder County. The information below comes from the meeting notice.
What: Public meeting
Who: Water users in the Malad and Bear River drainages within Box Elder County
When: 3:00 pm on January 10, 2018
Where: Bear River Water Conservancy District, 102 West Forest Street, Brigham City, Utah, 435-723-7034
Purpose: The purpose of the meeting is to present a proposed update to the interim groundwater appropriation policy for the Malad and Bear River drainages within Box Elder County. Personnel from the Division of Water Rights will be available to answer all questions and receive 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
1780 North Research Parkway, Suite 104
North Logan, UT 84341
435-752-8755
Agenda:
1. Introduction - Kent Jones, State Engineer
2. Summary of hydrogeologic information - James Greer, Assistant State Engineer
3. Policy update - Will Atkin, Regional Engineer
4. Public questions/comments
A map of the Malad and Bear River Groundwater Policy Area is available here.
What: Public meeting
Who: Water users in the Malad and Bear River drainages within Box Elder County
When: 3:00 pm on January 10, 2018
Where: Bear River Water Conservancy District, 102 West Forest Street, Brigham City, Utah, 435-723-7034
Purpose: The purpose of the meeting is to present a proposed update to the interim groundwater appropriation policy for the Malad and Bear River drainages within Box Elder County. Personnel from the Division of Water Rights will be available to answer all questions and receive 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
1780 North Research Parkway, Suite 104
North Logan, UT 84341
435-752-8755
Agenda:
1. Introduction - Kent Jones, State Engineer
2. Summary of hydrogeologic information - James Greer, Assistant State Engineer
3. Policy update - Will Atkin, Regional Engineer
4. Public questions/comments
A map of the Malad and Bear River Groundwater Policy Area is available here.
Saturday, December 2, 2017
Utah Stream Access Coalition v. Orange Street Development
The Utah Supreme Court recently issued its decision in Utah Stream Access Coalition v. Orange Street Development. This case focuses on the interpretation of navigability under the Public Water Access Act.
In the 2008 decision in Conatser v. Johnson, the Utah Supreme Court established a broad public easement to utilize the beds of Utah's waterways for recreational purposes. In response to this decision, the Utah legislature adopted the Public Water Access Act in 2010. The Act placed restrictions on the broad easement recognized under Conatser. Specifically, the Act restricted recreational access to water on public property and to waterways that are navigable.
In 2011, Utah Stream Access Coalition ("USAC") filed a lawsuit against Orange Street and other landowners along a one-mile stretch of the Weber River. USAC asserted that the stretch of river was navigable under the Act, and therefore open to recreational access. Following a four-day trial, the district court issued a decision agreeing with USAC's position. The district court concluded that the section of the river was navigable, and the court issued an injunction preventing the landowners and the State from interfering with the public's recreational access to the one-mile section of the river. The district court also determined that the State owned the bed of the river section. Orange Street Development appealed the decision to the Utah Supreme Court.
Orange Street first argued that the district court applied the wrong test for navigability. The district court had applied the test commonly referred to as the "navigability-for-title" test, which is whether waterways were, at the time of statehood, "used or ... susceptible of being used in [its] ordinary condition, as highways of commerce, over which trade and travel are or may be conducted in the customary modes of trade and travel on water." The Supreme Court concluded that this test had been adopted into the Act, as shown by the language of the Act that a waterway is navigable if it "is useful for commerce and has a useful capacity as a public highway of transportation." The Supreme Court therefore held that the district court had employed the correct standard for navigability.
Orange Street also argued that the district court had incorrectly applied the facts of the case to the navigability test. The Supreme Court disagreed, and noted the testimony and evidence that had been presented to the district court showing that the Weber River had been used for regular log drives to supply wood for railroad construction, mining timbers, and sawmills. The Supreme Court determined that this evidence was sufficient to support the district court's determination that the Weber River was used as a highway of commerce, and is therefore navigable.
The Supreme Court did disagree with the district court's decision in one regard. The Supreme Court held that because the parties had specifically agreed that the question of title to the bed of the river was not at issue in the case, the district court erred when it made the determination that the State owned the bed of the river. The Supreme Court therefore reversed on this point, but affirmed the remainder of the district court's decision that the one-mile stretch of the Weber River was navigable, as defined by the Act, and therefore open to public recreational access.
To read the full opinion, click here.
In the 2008 decision in Conatser v. Johnson, the Utah Supreme Court established a broad public easement to utilize the beds of Utah's waterways for recreational purposes. In response to this decision, the Utah legislature adopted the Public Water Access Act in 2010. The Act placed restrictions on the broad easement recognized under Conatser. Specifically, the Act restricted recreational access to water on public property and to waterways that are navigable.
In 2011, Utah Stream Access Coalition ("USAC") filed a lawsuit against Orange Street and other landowners along a one-mile stretch of the Weber River. USAC asserted that the stretch of river was navigable under the Act, and therefore open to recreational access. Following a four-day trial, the district court issued a decision agreeing with USAC's position. The district court concluded that the section of the river was navigable, and the court issued an injunction preventing the landowners and the State from interfering with the public's recreational access to the one-mile section of the river. The district court also determined that the State owned the bed of the river section. Orange Street Development appealed the decision to the Utah Supreme Court.
Orange Street first argued that the district court applied the wrong test for navigability. The district court had applied the test commonly referred to as the "navigability-for-title" test, which is whether waterways were, at the time of statehood, "used or ... susceptible of being used in [its] ordinary condition, as highways of commerce, over which trade and travel are or may be conducted in the customary modes of trade and travel on water." The Supreme Court concluded that this test had been adopted into the Act, as shown by the language of the Act that a waterway is navigable if it "is useful for commerce and has a useful capacity as a public highway of transportation." The Supreme Court therefore held that the district court had employed the correct standard for navigability.
Orange Street also argued that the district court had incorrectly applied the facts of the case to the navigability test. The Supreme Court disagreed, and noted the testimony and evidence that had been presented to the district court showing that the Weber River had been used for regular log drives to supply wood for railroad construction, mining timbers, and sawmills. The Supreme Court determined that this evidence was sufficient to support the district court's determination that the Weber River was used as a highway of commerce, and is therefore navigable.
The Supreme Court did disagree with the district court's decision in one regard. The Supreme Court held that because the parties had specifically agreed that the question of title to the bed of the river was not at issue in the case, the district court erred when it made the determination that the State owned the bed of the river. The Supreme Court therefore reversed on this point, but affirmed the remainder of the district court's decision that the one-mile stretch of the Weber River was navigable, as defined by the Act, and therefore open to public recreational access.
To read the full opinion, click here.
Thursday, November 16, 2017
Public Meeting Concerning the General Adjudication in Mill Creek Area
The Utah Division of Water Rights has set a public meeting to discuss the general adjudication of water rights in the Mill Creek area in Salt Lake County East Division of the Utah Lake / Jordan River Drainage (Area 57, Book 15). The Mill Creek area generally includes Mill Creek Canyon and the area bounded by 700 East on the west, 3300 Southon the north, and 3900 South on the south. The following information is from the public meeting notice:
What: Public Meeting
Agenda:
1. Introduction (Blake Bingham, P.E. - Adjudication Program Manager)
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 the meeting, click here.
What: Public Meeting
Who: Water Users within the Mill Creek area
When: November 29, 2017, 6:00 to 7:00 pm
Where: Department of Natural Resources, Room 1040, 1594 W. North Temple, Salt Lake City
Purpose: In accordance with Chapter 73-4, Utah Code Annotated, and the Third Judicial District Court (Civil No. 365729832), 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 Mill Creek Subdivision, Salt Lake County East Division, of the Utah Lake and Jordan River drainage 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 Mill Creek 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 Mill Creek area, please contact the Division at 801-538-5282.Agenda:
1. Introduction (Blake Bingham, P.E. - Adjudication Program Manager)
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 the meeting, click here.
Friday, November 3, 2017
Training on Supplemental Water Rights
The Division of Water Rights will be hosting a training session on supplemental water rights and water use groups. The training will be held on Thursday, November 16, 2017 at the Department of Natural Resources Building in Salt Lake City (1594 West North Temple) in Room 1040 from 9:00 am to 12:00 pm. Everyone is welcome to attend. Please RSVP to Teresa Wilhelmsen at teresawilhelmsen@utah.gov if you would like to attend or for further information.
For more information, click here.
For more information, click here.
Monday, October 23, 2017
Online Protest Form
As part of the administrative process for water right applications, the Division of Water Rights publishes notice of the application and gives a 20-day protest period. Any interested party may file a protest on an application during the protest period. Previously, the protests had to be submitted in hard copy via mail or hand-delivery, along with a check for the protest fee.
The Division of Water Rights now allows for protests to be submitted online. Additionally, the protest fee can be paid online using a credit card. The portal for filing protests is located here on the Division's website.
A few items to keep in mind with respect to submitting protests online:
--The online form must be filled out completely and correctly for the protest to be acceptable.
--The protest is not deemed complete until the protest fee has been paid.
--You cannot attach any documents to the online protest. Accordingly, if you have supporting documents to submit with the protest, you must email or mail the documents to the Division and reference the protest number so that the documents can be attached to the protest submitted online.
The Division of Water Rights now allows for protests to be submitted online. Additionally, the protest fee can be paid online using a credit card. The portal for filing protests is located here on the Division's website.
A few items to keep in mind with respect to submitting protests online:
--The online form must be filled out completely and correctly for the protest to be acceptable.
--The protest is not deemed complete until the protest fee has been paid.
--You cannot attach any documents to the online protest. Accordingly, if you have supporting documents to submit with the protest, you must email or mail the documents to the Division and reference the protest number so that the documents can be attached to the protest submitted online.
Monday, October 2, 2017
20-Year Review of the Bear River Compact
The Bear River Compact is an agreement between Utah, Idaho, and Wyoming that governs the distribution and use of water from the Bear River. The Compact was originally signed into law in 1958. The Compact provides that at least every 20 years, the Compact should be reviewed by the Bear River Commission, which is an administrative agency created by the Compact that includes Commissioners from each of the three states.
In April 2017, the Commission officially initiated its 20-Year Review of the Compact. As part of this process, the Commission has scheduled a series of public meetings around the Bear River Basin in order to receive comments from the public regarding the Compact. A schedule of these public meetings is included below.
Additionally, written comments can be submitted to the Commission, but must be received by the Commission before 5:00 pm on December 4, 2017. Comments may be sent by email to review@bearrivercommission.org or by mail to Bear River Commission, RE: 20-Year Compact Review, 106 West 500 South, Suite 101, Bountiful, UT 84010.
For more information about the 20-Year Review, please visit the Bear River Commission's website by clicking here.
In April 2017, the Commission officially initiated its 20-Year Review of the Compact. As part of this process, the Commission has scheduled a series of public meetings around the Bear River Basin in order to receive comments from the public regarding the Compact. A schedule of these public meetings is included below.
Additionally, written comments can be submitted to the Commission, but must be received by the Commission before 5:00 pm on December 4, 2017. Comments may be sent by email to review@bearrivercommission.org or by mail to Bear River Commission, RE: 20-Year Compact Review, 106 West 500 South, Suite 101, Bountiful, UT 84010.
For more information about the 20-Year Review, please visit the Bear River Commission's website by clicking here.
Monday, September 25, 2017
Public Meeting Concerning the General Adjudication in Parleys Creek Area
The Utah Division of Water Rights has set a public meeting to discuss the general adjudication of water rights in the Parleys Creek area in Salt Lake County East Division of the Utah Lake / Jordan River Drainage (Area 57, Book 14). The Parleys Creek area generally includes Parley's Canyon and the area bounded by 700 East on the west, 2100 South/Parley's Way on the north, and 3300 South on the south (see map below). The following information is from the public meeting notice:
What: Public Meeting
Agenda:
1. Introduction (Blake Bingham, P.E. - Adjudication Program Manager)
2. Adjudication Process Presentation
3. Public Comments and Questions
What: Public Meeting
Who: Water Users within the Parleys Creek area
When: October 18, 2017, 6:00 to 7:00 pm
Where: Department of Natural Resources, Room 1050, 1594 W. North Temple, Salt Lake City
Purpose: In accordance with Chapter 73-4, Utah Code Annotated, and the Third Judicial District Court (Civil No. 365729829), 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 Parleys Creek Subdivision, Salt Lake County East Division, of the Utah Lake and Jordan River drainage 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 Parleys Creek 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 Parleys Creek area, please contact the Division at 801-538-5282.Agenda:
1. Introduction (Blake Bingham, P.E. - Adjudication Program Manager)
2. Adjudication Process Presentation
3. Public Comments and Questions
Tuesday, September 19, 2017
Public Meeting Concerning the General Adjudication in Foothill Village Area
The Utah Division of Water Rights has set a public meeting to discuss the general adjudication of water rights in the Foothill Village area in Salt Lake County East Division of the Utah Lake / Jordan River Drainage (Area 57, Book 13). The Foothill Village area generally includes the area from 1100 East on the west to the ridge of Parley's Canyon on the east, and from 2100 South/Parley's Way on the south to Sunnyside Avenue on the north (see map below). The following information is from the public meeting notice:
What: Public Meeting
Agenda:
1. Introduction (Blake Bingham, P.E. - Adjudication Program Manager)
2. Adjudication Process Presentation
3. Public Comments and Questions
What: Public Meeting
Who: Water Users within the Foothill Village area
When: October 4, 2017, 6:00 to 7:00 pm
Where: Department of Natural Resources, Room 1050, 1594 W. North Temple, Salt Lake City
Purpose: In accordance with Chapter 73-4, Utah Code Annotated, and the Third Judicial District Court (Civil No. 365729829), 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 Foothill Village Subdivision, Salt Lake County East Division, of the Utah Lake and Jordan River drainage 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 Foothill Village 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 Foothill Village area, please contact the Division at 801-538-5282.Agenda:
1. Introduction (Blake Bingham, P.E. - Adjudication Program Manager)
2. Adjudication Process Presentation
3. Public Comments and Questions
Saturday, September 2, 2017
Public Meeting Concerning the General Adjudication in Oakland Place Area
The Utah Division of Water Rights has set a public meeting to discuss the general adjudication of water rights in the Oakland Place area in Salt Lake County East Division of the Utah Lake / Jordan River Drainage (Area 57, Book 12). The Oakland Place area generally includes the area from 300 West on the west to 700 East on the east, and from 2100 South on the north to 2700 South on the south (see map below). The following information is from the public meeting notice:
What: Public Meeting
Agenda:
1. Introduction (Blake Bingham, P.E. - Adjudication Program Manager)
2. Adjudication Process Presentation
3. Public Comments and Questions
For more information about the meeting, click here.
What: Public Meeting
Who: Water Users within the Oakland Place area
When: September 13, 2017, 6:00 to 7:00 pm
Where: Department of Natural Resources, Room 1040, 1594 W. North Temple, Salt Lake City
Purpose: In accordance with Chapter 73-4, Utah Code Annotated, and the Third Judicial District Court (Civil No. 365729829), 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 Oakland Place Subdivision, Salt Lake County East Division, of the Utah Lake and Jordan River drainage 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 Oakland Place 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 Oakland Place area, please contact Mike Handy at (801)538-7240.Agenda:
1. Introduction (Blake Bingham, P.E. - Adjudication Program Manager)
2. Adjudication Process Presentation
3. Public Comments and Questions
For more information about the meeting, click here.
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