DDW-2024-007600

ORDER OF THE STATE ENGINEER
Permanent Change Application Number
ss-424 (a51322)
Page 10
UTAH DIVISION OF DRINKING WATER
PO BOX 144830
SALT LAKE CITY UT 84I14-4830
HAY i 0 202t
Drot of En$ruunenH Araffity- -Utrnhn
of Uintlng Webr
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State of Utah
DEPARTMENT OF NATURAL RESOURCES
Division of \ilater Rights
SPENCER J. COX
Governor
DEIDRE M. HENDERSON
Lieutenanl Governor
JOELFERRY
Executive Director
TERESA WILHELMSEN
S tate Enginee r / D iv ision D ire c tor
HAY 1 O 2C2{
Dd- d Envxorunenftd AEItY-hriirrr COrtt0ngTtabr
ORDER OF THE STATE ENGINEER
For Permanent Change Application Number 55'424 (t51322)
Permanent Change Application Number 55-424 (a51322) in the names of Black Phone, LLC;
Blind Tourist, LLC; Lehi City Corporation; and Skipper Bay, LLC was filed on February 15,2024,
to change the point of diversion, place of use, and uses of 0.873 cubic foot per second of water as
evidenced by Water Right Numbers 55-424 and 55-3259. Heretofore, the water has been diverted
from the following points located: (1) Well - South 2134 feet and West 7074 feet from the NE
Corner of Section 4, T7S, R2E, SLB&M (4-inch, 132 feet deep); (2) Well - South 1694 and West
766 fuomthe NE Corner of Section 4 T7S, R2E, SLB&M (abandoned). The water has been used
for the sole supply irrigation of 31.51 acres from May 1 to September 15; and year-round
stockrvatering of 50.0 equivalent livestock units (ELUs) in cattle, horses, or equivalent species.
The water has been used in all or portion of Section 4, T7S, R2E, SLB&M.
Hereafter, it is proposed to divert 127.44 acre-feet of water from points of diversion changed to:
(1) Well - South 718 feet and West 1393 feet from the NE Corner of Section 16, T5S, RlE,
SLB&M (16-inch, 200 feet deep); (2) Well - North 448 feet and East 182 feet from the SW Corner
of Section 3, T5S, RlE, SLB&M (20-inch,1020 feet deep); (3) Well - South 2333 feet and West
1996 feet from the NE Corner of Section 10, T5S, R1E, SLB&M (24-inch,2200 feet deep); (4)
Well - South 1700 feet and West 2300 feet from the NE Corner of Section 4, T5S, RlE, SLB&M
(20-inch, 1005 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 Daily Herald on February 29 and March 7,2024.
No protests were received.
The application was originally advertised with a clerical error on the description for the hereafter
point of diversion. Originally, the location advertised South 718 feet and West 1393 feet from the
NE Corner of Section 4, T5S, RlE, SLB&M. The corrected location is South 718 feet and West
1393 feet from the NE Comer of Section 16, T5S, RlE, SLB&M. Utah Code $ 73-3-6(1)(c)
provides clerical erors, ambiguities, and mistakes that do not prejudice the rights of others may
be corrected by Order of the State Engineer either before or after the publication of notice.
This claim is in an area where the State Engineer is actively engaged in a general adjudication of
water rights. As part of the adjudication efforts, a State Engineer's Recommendation (SER) was
completed for both water rights by Division of Water Rights staff on May 14, 2019 and May 15,
2019. The table below summarizes the contribution of each water right number to this change
application:
1594 West North Temple, Suite 220, PO Box 146300, Salt Lake City, UT 841 14-6300
telephone [phone]. facsimile [phone] . www.waterights.ulah.gov
D
25015
D
ORDER OF THE STATE ENGINEER
Permanent Change Application Number
ss-424 (a5r322)
Page2
t'{AY 1 0 ?021,
H,;r,ff*ffii,ffiy
Water Right
Number
Beneficial
Use (acres)
Beneficial
Use (ELUs)
Diversion
(acre-feet)
Depletionl
(acre-feet)
55-424
s5-3259
9.0
22.51
36.56
90.88
21.188
52.43292
20.0
30.0
Totals 31.51 50.0 t21.44 73.621
Utah Code $ 73-4-l I directs the State Engineer to conduct a determination of the water rights
within a general adjudication. The State Engineer is of the opinion that, if the historical limits
determined as part of the general adjudication are maintained, the change may be approved without
impairing existing rights if certain conditions are observed.
This change application proposes to divert water for municipal purposes for Lehi City. It appears
this change can be made provided certain precautions are observed.
On April 8,2014,the Cedar Valley andNorthern Utah Valley Groundwater Management Plan was
adoptid. The intent of the plan is to provide specific management guidelines under the statutory
prorri.ionr of Title 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
Engineer to adjudicate the extent of these rights, but rather to provide sufficient definition of the
rig[ts to ensure that other vested rights are not impaired by the change and/or no enlargement
occurs.
It is, therefore, ORI)ERED and Permanent Change Application Number 55-424 (a51322) 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 127 .44 acre-feet of water for municipal use with
an associated maximum annual depletion allowance of 73.621 acre-feet
of water for year-round municipal 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
diversion of 0.873 cubic foot per second of water to be used for the
irrigation of 31.51 acres from April I to October 31; and year-round stock
I Consumptive (tse of lrrigated Crops in Lltah, Research Repon 145, Utah Agricultural Experiment Station, Utah
State University, Logan, Utah, October 1994, Table 25, Pleasant Grove Station. The benchmark crop for the referenced
calculation is alfalfa, the most typical and consumptive crop evaluated in the study (27.51 inches or 2.29 feet.2.29
feet I 4.0 acre-feet duty = 57.3%).
D
ORDER OF THE STATE ENGINEER
Permanent Change Application Number
55-424 (asr322)
Page 3
t'lAY 1 0 202e
Dept of Environrenhl Adity
Division of Ddr*ip \It at€r
watering of 50.0 ELUs in cattle, horses, or equivalent species at the
historical point of diversion and place of use must cease.
3. The applicants shall install and maintain measuring and totalizing
recording devices to meter all water diverted from all sources pertaining
to this afplication and shall annually report this data to the Division
of Water Rights Water Use Program'
4. 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 useiand the extent of their usage under this application. Upon the
submission of proof, as required by utah code $ 73-3-16, the applicant
must identify 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 a9 all
other water rights, which may be approved to be diverted from those
sources.
5. proof of Beneficial Use may only be submiued by a qualified public
water supplier. A Certificate of Beneficial Use will not be issued unless
ownership of the rights is in the name of Lehi City'
6. Inasmuch as this change application leaves the historical well without a
valid water right, the historical well must be permanently abandoned and
sealed according to the requirements of R655-4-14 of The Administrative
Rules for Water Well Drillers.
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
exlrcise a water rigtrt witfrin the statutory period could render all or a portion of a water right
invalid through forieiture. parties who wislr-to challenge the validity of a water right are advised
that adechrJion 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 applicants shall be liable to mitigate
or provide compinsation ior any impairment of or interference with prior rights as such may be
stipulated among parties or decreed by a court of competent jurisdiction.
The applicants are strongly cautioned that other permits may be required before any development
of tfris application can-begin and it is the responsibility of the applicants to determine the
applicabiiity of and acquisition of such permits. Once all other permits have been acquired, this is
D
ORDER OF THE STATE ENGINEER
Permanent Change Application Number
55-424 (a51322)
Page 4
t'lAY 1 0 ?021,
Dept of Environmental Quality
DMskm of Ddnking Water
your authority to develop the water under the above referenced application which under Utah Code
-$$
Z:-f-f O and 73-3-12 must be diligently prosecuted to completion. The water must be put to
beneficial use and proof must be filed on or before Mav 31, 2031, or a request for extension of
time must be acceptably filed and subsequently approved; otherwise, the application will be lapsed.
This approval is limited 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 applicants.
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
witl 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 applicants must identiff 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 your part to comply with the requirements of the applicable statutes may result in the
lapsing of this permanent change application.
It is the applicants' responsibility to maintain a current address with this office and to update
ownership of theirwater right. Please notiff 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 associated changes, the records of the Division of Water Rights
rno"tA Le updated. For assistance in updating title to the water right please contact the
Division at the phone number below.
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 $$ 63G-4-3 02,63G-4-402, and73-3-14 which provide for filing either a
nequest for Reconsideration with the State Engineer or for judicial review with the appropriate
Oisirict Court. A Request for Reconsideration must be filed in writing with the State Engineer
within 20 days of the date of this Order. The written request shall be frled in-person, by mail, or
electronically. If the 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'
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D
ORDER OF THE STATE ENGINEER
Permanent Change Application Number
5s-424 (asr322)
Page 5
Dated tbrs n day of
Mailed a copy of the foregoing Order this
Black Phone, LLC
c/o James Fisher
620 East Center Street
Lindon UT 84042
Blind Tourist, LLC
c/o James Fisher
620 East Center Street
Lindon UT 84042
Lehi City Corporation
153 North 100 East
Lehi, UT 84043
Skipper Bay, LLC
c/o James Fisher
620 East Center Street
Lindon UT 84042
Utah Division of Drinking Water
PO Box 144830
Salt Lake City, UT 84114-4830
Division of Water Rights
Water Use Program
2024
7 day of
t,lAY 1 0 202t
Dept of Environmenhl Quality
Division of Drinkkq Water
.E., State Engineer
2024 to:
BY:
Cannon,Secretary