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Home My WebLink AboutDDW-2024-007848D State of Utah DEPARTMENT OF NATURAL RESOURCES Division of Water Rights SPENCER J. COX Governor DEIDREM. HENDERSON Lieutenont Governor JOEL FERRY Executive Director TERESA WILHELMSEN State Engineer/Division Director 3,547.44 241.85 Dept. of EnvimrnaffilQ*y Divisbn of Dtir*ipW ORDER OF THE STATE ENGINEER For Permanent change Application Number 25-3425 (a51a70) permanent Change Application Number 25-3425 (a5I470) in the name of North Logan City was filed on March 21,zD+,to add points of diversion for the use of 6.35 cubic feet per second (cfs) of water as evidenced by Water Right Numbers 25-3425 ard 25-9568. Heretofore, the water has been diverted from the following points located: (1) Well - South 150 feet and East 550 feet from theNW Corner of Section 18, T12N, RlE, SLB&M (l0-inchwell,400 feet deep); (2) Well - North 630 feet and West 50 feet from the EY, Corner of Section 24, T12N, RlE, SLB&M (l2-inch well, 500 feet deep); (3) Well - South 2360 feet and East 300 feet from the N% Corner of Section 24, T12N, RIE,-SLB&M (8-inch well,234 feet deep); (a) Well - North 1086 feet and East 276 feet from the W% Comer of Section 19, Tl2N, RlE, SLB&M (l2-inch well, 506 feet deep); (5) Well - North 2100 feet and West 750 feet from the SE Corner of Section 21, T12N, RlE, SLB&M (16- inch well, 422 feet deep). The water was stored in the following reservoir: North Logan City Reservoirs - from January I to December 31, having a capacity of 7.68 acre-feet in an excavated storage pool in portions of Section 24, T12N, RlE, SLB&M. The water has been used for year- round municipal purposes within the service area of North Logan City. Hereafter, it is proposed to divert 3,789.29 acre-feet of water from the same points as heretofore and from additional points located: (l) Well - North 1224 feet and East 242 feet from the E% Corner of Section 24,T12N, RlE, SLB&M (existing); (2) Well - North 788 feet and West 95 feet from the EYq Comer of Section 24, T12N, RlE, SLB&M (8-inch well,202 feet deep); (3) Well - South 17 4 feetand East 199 feet from the NW Corner of Section I 8, T12N, R2E, SLB&M (8-inch well,292 feet deep); (a) Well - North 1004 feet and West 521 feet from the Et/q Corner of Section 24,T12N, RlE, SLB&M (16-inch well, 790 feet deep); (5) Well - North 822 feet and West 733 feet from theE% Comer of Section 24, Tl2N, RlE, SLB&M (16-inch well, 805 feet deep). The nature of use of the water will remain the same as heretofore. The place of use of the water will remain the same as heretofore. Notice of the application was published in The Herald Journal on April 11 and 18, 2024. No protests were received. Below is a basic summary of the water rights this change application is based on. Peak Flow Diversion Limit Depletion Limit Water Rieht cfs)acre-feet (acre-feet)( 25-3425 2s-9s68 4.90 t.45 3,547.44 97.57 Totals:6.3s 3,789.29 1594 west North Temple, Suite 220, PO Box 146300, Salt Lake City, UT 84114-6300 telephone (801) 538-7240 . facsimile (801) 538-7467 . www.waterrishts.utah.Sov 3,645.01 03015 D ORDER OF THE STATE ENGINEER Permanent Change Application Number 2s-3425 (a5t470) Page2 Deot. of Environnnntd O*- tiMtionof DrinkirgEE It is the opinion of the state Engineer that this change applicatio" 9T be approved without adversely affecting existing rightslfne applicant is put on notice that diligence must be shown in p*r.ring tt " a.r"tofin"", If t[i. application, whichian be demonstrated by the completion of the project as proposed in the change application' It is, therefore, oRI)ERED and Permanent change Application Number 25-3425 (a51470) is herety APPROVED subject to prior rights and the following conditions: l) whereas this change Application has been filed to entirely replace and supersede prior appror.a Cnige Application Number 25-3425 (a39191), with this approval tnut prior appticationls considered to have been WITHDRAWN. 2) Water use under this approval shall be limited to the maximum annual diversion allowance ir l,lgg.zg^acre-feet of water for municipal use *i'\ * associated maximum annual depletion allowance of 3,645.01 acre-feet for year-round municipal use. The applicant shall maintain records to demonstrate the stated depletion and diversion tirnitutions are not exceeded within the service area of North Logan CitY. 3) 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 Water Use Program. 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 uJj,rJi.ut. water right title or the validity of established water rights. It is noted that failure to exercise a water rilnt wittrin the statutory period could render all or a portion of a water right invalid through rorieiture. 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 (Utah Code $ 73-l-4). As noted, this approval is granted subject to prior rights. The applicant shall be liable to mitigate or provide compensation 6r any impairmeni of or interference with prior rights as such may be stipulated u-ot g parties or decreed by a court of competent jurisdiction' The applicant is strongly cautioned that other permits may be required before any developmenl of trris application can u"-gin and it is the resporrriuitity o{th9 applicant to determine the applicability oruoa u"qrisition of s,ictr permits. once all other permits have been acquired, this is your authority to develoi the water undei 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 -on oi before Mav 31. 2034, or a request for extension of time must be acceptably filed and subsequentty apptorea; ott erwise, the application will be lapsed' This approval is limited to the rigilts to-divert and beneficially use water and does not grant any rights of u"c.SS to, or use of land or facilities not owned by the applicant' D ORDER OF THE STATE ENGINEER Permanent Change Application Number 2s-342s (a51470) Page 3 Dept. of EnvironrnerilC QdY Division of llinldrqE Dated tns 23 aay of 2024. L , State Engineer t{AY 2 I 202 proof of beneficial use is evidence to the State Engineer that the water has been fully placed to its intended beneficial use. ny law, it must be prepar"d by a registered engineer or land surveyor, who will certiff to the location, uses, and extent oi yo* water right. Upon the submission of proof as required by Utah code g il-l-t'e ,for this appfitation, 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 capacityii,t. sources of supply and demonstrate that each source can provide the water claimed to be diverted under ttris rigtri as well as a1l other water rights, which may be approved to be diverted from those sources' Failure on yo,r 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 ownership^of their water right. please notify this office immediately of any change of address or for assistance in updatinlg ownership. Additionally, if ownership of this water right or the property with whicn it ir associated .h"og.., the records of the Division of Water Rights should be 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 Northern Regional Office' The telephone number is 435-752-8755. This order is subject to the provisions of utah Admin. code R655-6-17 of the Division of water Rights and to utah code g$ 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 reviewrvith the appropriate District 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 electronicalty. trtne request is filed electronically, it shall be submitted to: waterrights@utah'gov, which is the authorizedleneral email for the Division. However, a Request for Reconsideration is not a prerequisite to filiig for judicial review. A petition for judicial review must be frled 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. D ORDER OF THE STATE ENGINEER Permanent Change Application Number 25-342s (a51470) Page 4 Deot. of Environmenbl qd, - riirision ot Drinking l{atsr Mailed a copy of the foregoing North Logan CitY 2076 North 1200 East North Logan UT 84321 Utah Division of Drinking Water PO Box 144830 Salt Lake CitY, UT 84114-4830 Division of Water Rights Water Use Program Order this 7 BY: of 2024 to: Doralee Cannon,ApplicationslRecords SecretarY D ORDER OF THE STATE ENGINEER Permanent Change Application Number 25-3425 (a51470) Page 6 UTAH DIVISION OF DRINKING WATER PO BOX 144830 SALT LAKE CITY UT 84I14-4830 [lAY 2 9 202I. Dept. of Environrnenbl AIafttY DMsionof tlinkiqWhter