DDW-2024-006245

ORDER OF THE STATE ENGINEER
Permanent Change Application Number
5s-1075 (a51082)
Page 7
UTAH DIVISION OF DRINKING WATER
PO BOX 144830
SALT LAKE CITY UT 84I 14-4830
FEB 2 3 llj7{
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State of Utah
DEPARTMENT OF NATURAL RESOURCES
Division of Water Rights
SPENCER J, COX
Governor
DEIDRE M. HENDERSON
Lieutenant Governor
JOEL FERRY
Executive Direclor
TERESA WILHELMSEN
S tate Enginee r /D iv is ion D ire ct or
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ORDER OF THE STATE ENGINEER
For Permanent Change Application Number 55-1075 (a51082)
Permanent Change Application Number 55-1075 (a51082) in the name of Lehi City Corporation
was filed on December 7 ,2023, to add points of diversion, and change the nature of use and the
place of use of 2.41cubic feet per second of water as evidenced by Water Right Numbers 55-1075,
55-7615, and 55-7616. Heretofore, the water has been diverted from a well located North 1890
feet and West 472 feet from the SE Corner of Section 33, T4S, RlE, SLB&M (16-inch,337 feet
deep). The water has been used for the sole supply irrigation of 74.9 acres from April 1 to October
31. The water has been used in all or portion of Section 33, T4S, RlE, SLB&M.
Hereafter, it is proposed to divert 299.6 acre-feet of water from the same point as heretofore and
from additional points located: (1) Well - North 447 feet and East 182 feet from the SW Corner of
Section 3, T5S, RlE, SLB&M (20-inch, 800-1000 feet deep); (2) Well - South 1490 feet and West
740 feet from the NE Corner of Section 33, T4S, RlE, SLB&M (16-inch, 100-1000 feet deep).
The water is to be used for year-round municipal pulposes within the service area of Lehi City
Corporation.
Notice of the application was published in the Dailv Herald on January 4 and 1 1,2024. No protests
were received.
The table below summarizes the contribution of each water right number to this change
application:
Water Right
Number
Beneficial
Use (acres)
Diversion
(acre-feet)
Depletionl
(acre-feet)
55-7615
55-76t6
55-1075
l8.t1
t9.41
37.38
72.44
77.64
149.52
40.929
43.866
84.479
Totals 74.9 299.6 169.275
This change application proposes to divert water for municipal purposes for Lehi City Corporation.
It appears this change can be made provided certain precautions are observed.
I Consumptive Use of Iruigated Crops in Utah, Research Report 145, Utah Agricultural Experiment Station, Utah
State University, Logan, Utah, October 7994, Table 25, Utah Lake Lehi Station. The benchmark crop for the
referenced calculation is alfalfa, the most typical and consumptive crop evaluated in the study (27.12 inches or 2.26
feet.2.26 feet,/ 4.0 acre-feet duty : 56.5%).
1594 West North Temple, Suite 220, PO Box 146300, Salt Lake City, UT 841 l4-6300
telephone (801 ) 538-7240. facsimile (801) 53E-7467 o www.waterrights.aah.gov
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25015
D
ORDER OF THE STATE ENGINEER
Permanent Change Application Number
ss-107s (a51082)
Page2
FEB ? I 2021r
"th:t?"I'SLffixi$#
On Aprit g,z}l4,the Cedar Valley and Northern Utah Valley Groundwater Management Plan was
adopted. The intent of the plan is to provide specific management guidelines under the statutory
fioririo* of ritle 73 of the Utah code. This change meets the conditions set forth by the plan to
be considered for aPProval.
In evaluating the various elements of the underlying rights, it is not the intention of the State
ingineer to id3udicate the extent of these rights, but rather to provide sufiicient definition of the
rigf,ts to ensurl that other vested rights are not impaired by the change and./or no enlargement
occurs.
It is, therefore, ORDERED and Permanent Change Application Number 55-1075 (a51082) is
herety APPROYED subject to prior rights and the following conditions:
1) Water use under this approval shall be_limited to the maximum annual
diversion allowance of Zgg.A acre-feet of water for municipal use with an
associated maximum annual depletion allowance of 169 .27 5 acre-feet of water
for y.*-ro*d r**iripul use. The applicant shall maintain records
demonstrating the depletion allowance is not being exceeded'
2) To accommodate the approval of this permanent change application, the use of
2.41 cubic feet per second of water for the inigation of year-round inigation
of 74.9 acres at the historical points of diversion and place of use must cease.
3) Inasmuch as this application seeks to divert water from numerous points of
diversion, it is necessary that detailed information be provided to the State
Engineer to show which sources of supply are actually developed and used and
the extent of their usage under this application. Upon the submission of proof
as required by Utah Code g 73-3-16 for this application, the applicant must
identiff every source of water used under this application and the amount of
water used from that source. The proof must also show the capacity of the
sources of supply and demonstrate that each source can provide the water
claimed to be diverted under this right as well as all other water rights, which
may be approved to be diverted from those sources'
4) The applicant shall install and maintain measuring and totalizing recording
devices to meter all water diverted from all sources pertaining to this
application and shall annually report this data to the Division of Water
Rights Waler Use Program'
5) All wells used as public water supply wells are regulated by the Utah Division
of Drinking Water. Plans for the construction of new wells must be reviewed
and approved by the Division of Drinking Water prior to any drilling or
construition activity being commenced, The approval of this water right
application does not constitute approval of the well for use as a public water
D'
ORDER OF THE STATE ENGINEER
Permanent Change Application Number
5s-107s (as1082)
Page 3
FEB 2 I 20n
*th:ffi.,;iBiff1il$,H#
supply by the Division of Drinking Water. Applicants are advised to contact
ttre bivision of Drinking Water at 801-536- 4200 to review applicable standards
and for information about approval of a source of supply for public use.
The State Engineer has statutory responsibility to create and maintain water right records based on
an administrative process outlined in statute. The State Engineer is not authorized by statute to
adjudicate water right title or the validity of established water rights. It is noted that failure to
exercise a water right within the statutory period could render all or a portion of a water right
invalid through forfeiture. Parties who wish to challenge the validity of a water right are advised
that a declaration of forfeiture is a judicial action and the courts are available to pursue such suits
(IJtah Code $ 73-1-4)-
As noted, this approval is granted subject to prior rights. The applicant shall be liable to mitigate
or provide compensation for any impairment of or interference with prior rights as such may be
stiiulated among parties or decreed by a court of competent jurisdiction.
The applicant is strongly cautioned that other permits may be required before any development of
this apilication can begin and it is the responsibitity of the applicant to determine the applicability
of und a"q.risition of such permits. Once all other permits have been acquired, this is your authority
to develoi the water under the above referenced application which under Utah Code $$ 73-3-10
and73-3-l2must be diligently prosecuted to completion. The water must be put to beneficial use
and proof must be filed on or bifore Februarv 28. 2031, or a request for extension of time must
be acceptably filed and subsequently approved; otherwise, the application will be lapsed. This
upprorul is limited to the rightJ to divert and beneficially use water and does not grant any rights
of u"""r, to, or use of land or facilities not owned by the applicant.
proof of beneficial use is evidence to the State Engineer that the water has been fully placed to its
intended beneficial use. By law, it must be prepared by a registered engineer or land surveyor, who
will certiff to the location, uses, and extent of your water right. Upon the submission of proof as
required by Utah Code $ 73-3-l6,for this application, the applicant must identify every source of
*ut , used under this application and the amount of water used from that source. The proof must
also show the capacity oi tne sources of supply and demonstrate that each source can provide the
water claimed to be diverted under this right as well as all other water rights, which may be
approved to be diverted from those sources.
Failure on your part to comply with the requirements of the applicable statutes may result in the
lapsing of this permanent change application.
It is the applicant's responsibitity to maintain a current address with this office and to update
ownership of their water right. Please notify this office immediately of any change of address
or for assistance in updating ownership. Additionally, if ownership of this water right or the
property with which it is assoeiated changes, the records of the Division of Water Rights
,nortO Le updated. For assistance in updating title to the water right please contact the
Division at the phone number below.
D
ORDER OF THE STATE ENGINEER
Permanent Change Application Number
ss-107s (a51082)
Page 4
FEB 2 3 202',
Dept of Enviroumental Qrntry
DMsion of DdnkingWater
your contact with this office, should you need it, is with the Utah Lake/Jordan River Regional
Office. The telephone number is 801-538-7240.
This order is subject to the provisions of utah Admin. code R655 -6-17 of the Division of water
Rights and to Utah Code gg 63G-4-3 02,63G-4-402, and73-3-14 which provide for filing either a
Request for Reconsideration with the State Engineer or for judicial review with the appropriate
District Court. A Request for Reconsideration must be frled in writing with the State Engineer
within 20 days of the date of this Order. The written request shall be filed in-person, by mail, or
electronicalty. f tfre request is filed electronically it shall be submitted to: [e-mail],
which is the authorized general email for the Division. However, a Request for Reconsideration is
not a prerequisite to filing for judicial review. A petition for judicial review must be filed within
30 days after the date of ihis Order or, if a Request for Reconsideration has been filed, within 30
days after the date the Request for Reconsideration is denied. A Request for Reconsideration is
considered denied when no action is taken 20 days after the Request is filed.
Dated this 3D day of 2024
L
.E., State Engineer
Mailed a copy of the foregoing Order this 2o day of 2024 to
Lehi City Corporation
c/o Lorin Powell
153 North 100 East
Lehi UT 84043
Division of Water Rights
Water Use Program
Utah Division of Drinking Water
PO Box 144830
Salt Lake City, UT 84114-4830
w
BY
Doralee Cannon,Applications/Records Secretary