DDW-2024-007601

ORDER OF THE STATE ENGINEER
Permanent Change Application Number
ss-13624 (a5 I 35 1)
Page 8
UTAH DIVISION OF DRINKING WATER
PO BOX 144830
SALT LAKE CITY UT 84114-4830
},lAY 1 0 202',
Dept of Environmental QualitY
Dlvision of Drinking Water
D
State of Utah
DEPARTMENT OF NATURAL RESOURCES
Division of Water Rights
SPENCER J. COX
GoYernor
DEIDRE M. HENDERSON
Lieutenan.t GoYernor
JOEL FERRY
Executive Director
TERESA WILHELMSEN
S tate Engine er/ D iv i s ion D ir e ct or
liAY 1 0 ?02{
rh,gt. oJ hn1lrmer{d Aldty
fi$s$o{tofDrhfulyater -
ORDER OF THE STATE ENGINEER
For Permanent change Application Number 55-13624 (a51351)
permanent change Application Number 55-13624 (a5 1 3 5 1) in the name of Interlaken Town was
filed on February zt,zoz+,to change the point of diversio_n, place of us9, an! use; of 0'0166 cubic
foot per second or 6.0 acre-feet of water as evidenced by Water Right Numbers 55-13624 and 55-
t3625.Heretofore, the water has been diverted from a spring located North795 feet and west
1430 feet from the EYo Comet of section 11, T4S, R4E, SLB&M (springs east of Provo River)'
The water has been used for the sole supply irrigation of 2.0 acres from April 1 to October 31' The
water has been used in all or portion of Section 11, T4S, R4E, SLB&M'
Hereafter, it is proposed to divert 6.0 acre-feet of water from points of diversion changed to: (1)
well - South l252feetand west 1067 feet from the EYqComq of Section 22,T35, R4E, SLB&M
(6-inch, 281 feet deep); (2) Well - South 1239 feet and west 1051 feet from the E% comer of
Section ZZ,T3S,n+g,'SiggM (12-inch, 435 feet deep). The water is to be used for year-round
municipal pu{poses within the service area of Interlaken Town.
Notice of the application was published in The Wasatch Wave on March 13 and 20' 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)
55-13624
55-r3625
2.0
0.0
6.0
0.0
3.6s
0.0
Totals
feet / 3.0 acre-feet dutY: 60.8%)
I Consumptive (Jse of Irrigated Crops in [Jtah, Research Report 145, Utah
State University, Logan, Utah, October 1994, Table 25, Snake Creek Station'
calculation is aiatra, ttre most typical and consumptive crop evaluated in the
Agricultural Experiment Station, Utah
The benchmark crop for the referenced
study (21.90 inches or 1.825 feet. 1.825
2.0 6.0 3.65
on November 15, 1995, the Upper Provo River Groundwater Policy was adopted' The intent of
i6,e policy is to provide specific management guidelines under the statutory provisions of Title 73
of the Utah Code. This "t
*g" meets the conditions set forth by the plan to be considered for
approval.
D
1594 west North Temple, Suite 220, PO Box 146300, Salt Lake City, UT 841 14-6300
telephone (801) 5j3_li+0. facsimile [phone] . vww.waterrights.utah.gov
26055
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ORDER OF THE STATE ENGINEER
Permanent Change Application Number
s5-13624 (a51351)
Page2
l.lAY 1 O 2O2I-
Deot. of Environmental QualitY-
Oivision of Drinking Water
This change application proposes to divert water for municipal purposes for Interlaken Town' It
appears thl "h*ge r* b. made provided certain conditions are observed'
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, u"tiutt.r to provide sufficient definition of the
rights to ensure that other vested rights arJnot impaired by the change and/or no enlargement
occurs.
It is, therefore, oRI)ERED and permanent change Application Number 55-13624 (a51351) is
rrereuy APPR6VED subject to prior rights and the following conditions:
1. Water use under this approval shall be limited to the maximum annual
diversion allowance ofo.o acre-feet of water for municipal use with an
associated maximum annual depletion allowance of 3'65 acre-feet of
water ior V"*"o*a municipJ 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 0.0166 cubic foot per second of water or 6'0 acre-feet of
water to be used for the inigation of 2.0 acres from April 1 to October 31
at the historical point of diversion and place of use must cease'
3. The applicants shall install and maintain measuring and totalizing
,"co.dirrg devices to meter all water diverted from all sources pertaining
to this aiplication 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 used and the extent of their usage under this application' Upon the
,ub*i,sion of proof, as required by Utah Code $ 73-3-16, the applicant
must identiff every source of watir 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 d i,e diverted under this right as well as all
other water rights, which may be approved to be diverted from those
sources.
5. The diversion of water under this application will be made under the
direction of the provo River Commissioner. Any additional expenses
irr..rrr"Jty the commissioner in distributing water under this application
shall be borne bY the aPPlicants'
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ORDER OF THE STATE ENGINEER
Permanent Change Application Number
5s-r3624 (a5 I 35 1)
Page 3
t,lAY 1 0 2021'
Deot. of EnvironrPntal Oualtty
Oivision of Drinking Whter
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
uJ3,rai"u," 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 wistr-to challenge the validity of a water right are advised
that a declaration offorfeiture is ajudicial action and the courts are available to pursue such suits
(Utah Code $ 73-r-4).
As noted, this approval is granted subject to prior rights.,The applicant shall. be liable to mitigate
or provide compensation fir any impairmeni of or interference with prior rights as such may be
stipulated urnorg parties or decreed by a court of competent jurisdiction'
The applicant is strongly cautioned that other permits may be required before any developmenl of
this application can uJgin and it is the responriuitity of th9 applicant to determine the applicability
of *d acquisition of su"ctr permits. once all other permits have been acquired, this is your authority
to develoi the water under the above referenceilapplication 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 in oi before Mav 31. 2031, or a request for extensigl of time must be
acceptably filed and subsequently upp-r.a; ott.r*ise, the application will be lapsed. This
uppro*t is limited to the rigirts to-divirt and beneficially use water and does not grant any rights
ofi.ces 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 oI yo* water right. Upon the submission of proof as
required by Utah Code $ iZ-l-le,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 oittre 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 responsibility to maintain a current address with this office and to update
o*n.rsnip 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 whicn it ir associated changes, the records of the Division of Water Rights
,nr"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 office, should you need it, is with the Utah Lake/Jordan River Regional
Office. The telephone number is 801-538-7240.
D
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-r4 which provide for frling either a
Request for Reconsideration with the State Engineer or for judicial review with the appropriate
District court. e n.qrert for ReconsiderationLust be filed 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
electronicaily. If therequest is fired erectronica[y, it shaf be submitted to: waterrights@utah'gov,
which is the authorir"a!.n.ral email for the Division. However, a Request for Reconsideration is
not a prerequisite tofiriig for judicial review. A petition for judicial review-must be filed within
30 days after the date of ihis drder or, if a Request for Reconsideration has been filed, within 30
days after the date the R-equest for Reconsideration is denied' A Request for Reconsideration is
considered denied when no action is taken 20 days after the Request is filed.
ORDER OF THE STATE ENGINEER
Permanent Change Application Number
ss-r3624 (a51351)
Page 4
Dated this a day of 2024
Mailed a copy of the foregoing Order this day of
Division of W
beot. of Envitonmend QualitY
oiuisiln of Drinking Water
4,.
., State Engineer
2024to:
Distribution Section
c/o Susan Odekirk
PROVO RTVER
Utah Division of Drinking Water
PO Box 144830
Salt Lake CitY, UT 84114-4830
Division of Water Rights
Water Use Program
w
Interlaken Town
Attn: Bart Smith
PO Box 1256
Midway UT 84049
Scott Bergendod River Commissioner
717 N. Main Street Ste 201
Springville, UT 84663
BY:
Caruron,Applications/Records SecretarY