DDW-2024-006246

ORDER OF THE STATE ENGINEER
Permanent Change Application Number
ss-756 (asl077)
Page 6
UTAH DIVISION OF DRINKING WATER
PO BOX 144830
SALT LAKE CITY UT 84114-4830
FEg232021, bb
Dopt af Envimnmenhl auafitY
tlvision d Drinking Whter
DState of Utah
DEPARTMENT OF NATURAL RESOURCES
Division of Water Rights
SPENCERJ. COX
GoYemor
DEIDREM. HENDERSON
Lieutenant Governor
JOEL FERRY
Executive Director
TERESA WILHELMSEN
State Engineer /D iv i si on D ir e ct or
FEB2l202l- Pb
Eaot. of Environmenld A&
'liivision of Drinkirq llhH
ORDER OF THE STATE ENGINEER
For Permanent change Application Number 55-756 (a51077)
permanent Change Application Number 55-756 (a51077) in the name of Lehi City Corporation
was filed on Decembii 7 , 2023, to add points of diversion, and change the nature of use and the
places of use of 1.63 cubic feet per second or 549.012 acre-feet of water as evidenced by Water
iught Number 55-756. Heretofore, the water has been diverted from a well located South 2732
feet and West2274 feet from the NE Comer of Section 32,T45, RlE, SLB&M (l2-inch, 410 feet
deep). The water has been used for the sole supply irrigation of 137.253 acres from April 1 to
Ociober 31. The water has been used in all or portions of Sections 32 & 33, T4S, RlE, SLB&M.
Hereafter, it is proposed to divert 549.012 acre-feet of water from the same point as heretofore and
from additional points located: (1) Well - South 1490 feet and West 740 feet from the NE Corner
of Section 33, T4S, RlE, SLB&M (16-inch well, 100-1000 feet deep); (2) Well - North 447 feet
and East 182 feet from the SW Corner of Section 3, T5S, RlE, SLB&M (20-inch well, 800-i000
feet deep). The water is to be used for year-round municipal purposes within the service area of
Lehi City Corporation.
Notice of the application was published in the Dail), Herald on January 4 and 11,2024. No protests
were received.
In evaluating applications that propose to change the nature of use of a water right, the State
Engineer believes it is appropriate to examine the rates and amounts of hydrologic depletion
associated with the historicai water use as compared to the proposed use to assure that there is no
enlargement of the underlying water right. In this case, it is believed that the historical water uses
would have incurred the following rates and amounts of hydrologic depletion:
Prior Beneficial
Uses
Allowed
Diversion
acre-foot)
Rate of
Depletion
(%)
Amount of
Depletion
(acre-foot)(
Irrigation:137.253 acres 549.012 56.51 310.192
This change application proposes to use the water for municipal purposes within the service area
of Lehi City Corporation. It appears this change can be made if certain conditions are met.
I Consumptive Use of lrrigated Crops in Otah, Research Report 145, Utah Agricultural Experiment Station, Utah
State University, Logan, Utah, October 1994, Table 25, Utah Lake Lehi Station. The benchmark crop for the
refersrced calculation is alfalfa, the most typical and consumptive crop evaluated in the study (27.12 inches or 2.26
feet.2.26 feet I 4.0 acre-feet duty : 56.5%).
1594 West North Temple, Suite 220, POBox 146300, Salt Lake Crty, f]T 84114-6300
telephone [phone]. facsimile [phone] . ww\9.waterrights.utah.gov
25015
D
ORDER OF THE STATE ENGINEER
Permanent Change Application Number
55-156 (asl077)
Page2
FEB ? 3 2O?,,
Deot of Environmental Quali$
OMsion of Drinkirg Water
On April g,2)14,the Cedar Valiey andNorthem Utah Valley Groundwater Management Plan was
adopted. The intent of the plan is to provide specific management guidelines under the statutory
pro,uirior6 of Title 73 of the Utah Code. This change meets the conditions set forth by the plan to
be considered for aPProvai.
In evaluating the various elements of the underlying rights, it is not the intention of the State
Engineer to adjudicate the extent of these rights, but rather to provide sufficient definition of the
rigf,ts to ensure that other vested rights are not impaired by the change and/or no enlargement
occurs.
It is, therefore, ORDERED and Permanent Change Application Number 55-756 (a51077) is
hereby APPROVED subject to prior rights and the following conditions:
1)Water use under this approval shall be limited to the maximum annual
diversion allowance of 549.012 acre-feet of water with an associated
maximum annual depletion ailowance of 310.192 acre-feet of water for year-
round municipal use. The appiicant shall maintain records demonstrating the
depletion allowance is not being exceeded.
To accommodate the approval of this permanent change application, the
diversion of 1.63 cubic feet per second of water to be used for the irrigation
of 137 .253 acres from April 1 to October 31 at the historical point of diversion
and piace of use must cease.
The applicant shall instail and maintain measuring and totalizing recording
devices to meter all water diverted from ali sources pertaining to this
application and shall annually report this data to the Division of Water
Rights Water Use Program.
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 $ 13-3-16 for this application, the applicant
must identifu 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.
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
construction activity being colnmenced. The approval of this water right
3)
4)
2)
s)
ORDER OF THE STATE ENGINEER
Permanent Change Application Number
ss-7s6 (a51077)
Page 3
Deot. of Enviroitmental QualitY
Oivision of Drinking Water
FEB 2 i 202t
application does not constitute approval of the well for use as a public water
suppfy by the Division of Drinking Water. Applicants are advised to contact
the division of Drinking Water at 801-536-4200 to review applicable
standards and for information about approval of a source of supply for public
use.
6) Whereas this Change Application has been filed to entireiy replace and
supersede prior approved Change ApplicationNumber 55-756 (a34148), with
this approval that prior application is considered to have been
WITHDRAW}{.
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 r-ight title or the validity of established water rights. It is noted that failure to
exercise a water rigtrt wittrin 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 adeclaration of forfeiture is a judicial action and the courts are available to pursue such suits
(Utah Code $ 73-l-4).
As noted, this approval is granted subject to prior rights. The applicant shall be liable to mitigate
or provide compinsation for any impairment of or interference with prior rights as such may be
stipulated among parties or decreed by a court of competent jurisdiction.
The appiicant is strongly cautioned that other permits may be required before any development of
this application can begin and it is the responsibility of the applicant to determine the applicability
of and acquisition of such permits. Once all other permits have been acquired, this is your authority
to develop the water under the above referenced application which under Utah Code $$ 73-3-10
andlt-3-tZmust be diligently prosecuted to completion. The water must be put to beneficial use
and proof must be filed on or before February 28. 2031, or a request for extension of time must
be acceptably filed and subsequently approved; otherwise, the application will be lapsed. This
upprouui is timited to the rights to divert and beneficially use water and does not grant any rights
of access 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 certify to the location, uses, and extent of your water right. Upon the submission of proof as
required by Utah Code g 73-3-16, for this application, the applicant must identifr every source of
*ut"r 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.
Failure on yogr part to comply with the requirernents of the applicable statutes may result in the
lapsing of this permanent change application.
D
D
It is the applicant's responsibility to maintain a current address with this office and to update
ownershi!-of their *"t.. 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 whicn it ir associated changes, the records of the Division of Water Rights
,no"ra Le updated. For assistance in updating title to the water right please contact the
Division at the phone number below.
your contact with this offrce, should you need it, is with the Utah Lake/Jordan River Regional
Offrce. 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 $$ 63G-4-3 02,63G-4-402, ard73-3-14 which provide for filing either a
Re'quest for Reconsideration with the State Engineer or for judicial review vrith 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. mtne 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 this 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 2/day of 2024
.4.
P.E., State Engineer
Mailed a copy of the foregoing Order this ^^ dayof 2024 to:
ORDER OF THE STATE ENGINEER
Permanent Change Application Number
ss-7s6 (a51077)
Page 4
Lehi City Corporation
153 North 100 East
Lehi, Utah 84043
Utah Division of Drinking Water
PO Box 144830
Salt Lake City, UT 84114-4830
FEB 2 I ?02r'
Deot. of Environmental QualitY-
t5vision of Drinking Water
Division of Water Rights
Water Use Program
BY
Cannon, A Secretary