DDW-2024-007849

State of Utah
DEPARTMENT OF' NATURAL RESOURCES
Division of Water Rights
SPENCERJ. COX
Governor
DEIDRE M. HENDERSON
Lieutenant Governor
JOEL FERRY
Executive Director
TERESA WILHELMSEN
State En gine e r/ D iv is ion D ire ct or
l,tAY 2 I 2021,
Dept. of EnvironnnnEll Qtdlfi
Division of Ddnking SHbr
ORDER OF THE STATE ENGINEER
For Permanent change Application Number 31-501 (a51396)
permanent Change Application Number 31-501 (a51396) in the name of Kaysville City
Corporation was nf.a o" March l,2o24,to change the point of diversion of 0.402 cubic foot per
second (cfs) of water as evidenced by Water Right Number 3 1 -5 0 I . Heretofore, the water has been
diverted from a well located North 3135 feet and East 1960 feet from the SW Corner of Section
35, T4N, RlW, SLB&M (l2-inch well, 450 feet deep). The water has been used for municipal
p.rrpor", within the service area of Kaysville City Corporation from October 1 to March 3l ' The
water has been used in all or portions of Sections 28 & 33, T4N, R1W, SLB&M'
Hereafter, it is proposed to divert o.402cfs of water from points of diversion changed to: (1) Well
-North1l31 feitandEastl0g3feetfromtheSWComerof Section25,T4N,RlW,SLB&M(16-
inch well, 500-1000 feet deep); (2) Well - South 734 feet and West 799 feet from the EYo Corner
of Section 26, T4N, RlW, Sie&lvl (16-inch well, 500-1000 feet deep); (3) Well - South 1025 feet
and East 831 feet from the N% Corner of Section 35, T4N, RlW, SLB&M (16-inch well, 500-
1000 feet deep); (a) well - North 560 feet and West 1728 feetfrom the E% Corner of Section 34,
T4N, Rlw, SLgavt (16-inchwell,500-1000 feet deep). Thenature of use ofthe waterwill remain
the same as heretoforl. trr. place of use of the water will be within the service area of Kaysville
City Corporation.
Notice of the application was published in the Davis Journal on March 15 and 22,2024. No protests
were received.
It is the opinion of the State Engineer that this change application 9a, be approved without
adversely uft".ting existing rights. The applicant is put on notice that diligence must be shown in
p*..rioj*r" deveiopment 6rt[is applicaiion, which can be demonstrated by the completion of the
project as proposed in the change application'
It is, therefore, ORI)ERED and Permanent Change Application Number 31-501 (a51396) is
herety APPROVED subject to prior rights and the following conditions:
1) This application is timited to the annual diversion of 0.402 cfs of water
to be used for municipal use within the service area of Kaysville City
CorPoration.
Z) 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'
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l5g4WestNorthTemple,Suite220,POBoxl46300,SaltLakeCity,UT84ll4-6300
telephone(801)538'724O.facsimile(801)538-7467'www'waterrights'utah'gov
l.l t
06006
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ORDER OF THE STATE ENGINEER
Permanent Change Application Number
31-s0l (asl396)
Page2
UAY 2 I 20?/-
Dept. of Environmen$lGq
DMsion of DrinkirytUffi
3)Inasmuchasthisapplicationseekstodivertwatelfromnumerous
pointsofdiversion,.itisnecessarytha!detailedinformationbe
providedtotheStateEngineertoshowwhichSourcesofsupplyare
actudifdeveloped and uied and the extent of their usage under this
application.Uponthesubmissionofproof,asrequiredbyUtahCode
$73-3-16,theapplicantmustidentifyeverysourceofwaterusedunder
trri, uppri"ution ana the amount of water used from that source. The
proof irrrt also show the capacity of. lhe.sources of supply and
demonstratethateachsourc.'*providethewaterclaimedtobe
diverteJ under this right as well as all other water rights, which may
be approved to be diverted from those sources'
4) Inasmuch as this application leaves the historical well without a valid
*u,.r rigt,, the hisiorical well must be permanently abandongd and
,"ut"a ?"rording to the requirements of R655-4-14 of The
AdministrativeRulesforWaterWellDrillers.
The state Engineer has statutory responsibility to create and maintain water right records based on
an administrative process outrined in statute. The State Engineer isrrot authorized by statute to
adjudicate wate*igiiiitr" "r trre validi,y "i estabrished *ut.r rights. It is noted that failure to
exercise a water right within the statuto.y p"ti9a -could
render a[ or a portion of a water right
invarid through forfeiture. parties *t o *-irt'to chauenge the validity of a water right are advised
that a declaration offorfeiture is ajudiciar 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 "o*p"rrru,io,
fii *v i*puir*Lni of or Interfer.tt"i *ith prior rights as such may be
stipulated among p*i"r or decrled by a court of competent jurisdiction'
Theapplicantisstronglycautionedthatotherpermitsmayberequiredbeforeanydevelopmentof
this application can begin and it l, tt "
responriUifiay o{tfri applicant to determine the applicability
of and acquisition of such permits. on". uiiott er permits hure b"e, acquired, this is your authority
to develop the water undei the above;"i;r;r;"iapplication which under Utah code $g 73-3-10
andI3-3-llmust be diligently pro.."*Jio *-pj.tion. The water must be put to beneficial use
and proof must be fited
-on oi before lVtav Sl. ZtiS+, or a request for extension of time must be
acceptab1yfi1edanJsubsequentlyap_ro,ed;oth",*i'e,theapplicationwi1lbelapsed.This
approvar is timiteJio the rigits to aiue'Jurrd benefrciarly use *ut", and does not grant any rights
of access to, or use of land ir facitities 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 -.r.i u" pr.p*.-d by a registered engineer or land surveyor, who
will certiff to the iocation, uses, and extent oi yo'" waler iight' Upon the submission of proof as
required by Utah C"i" S iZ-l-tO,f"t;iilrpplicatio-n, the applicant must identiff every source of
water used under tfrir "ppfi.",ion
and the amount of water used from that source' The proof must
t}
ORDER OF THE STATE ENGINEER
Permanent Change Application Number
3l-s01 (a51396)
Page 3
Dept. of Enviruninerftl AEilt
Division of Drinkinglffidar
A-
P.E., State Engineer
2
arso show the capacity of the sources of supply and demonstrate that each source can provide the
water claimed to be diverted under ttris rigtri 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 applicabte 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 notiff this office immediately of any change of address
or for assistance in updatiig ownership. Additionally, if ownership of this water right or the
property with whicn it i. a-ssociated .i"og"r, the records of the Division of water Rights
should be updated. For assistance in updating title to the water right please contaet the
Division at the phone number below'
Your contact with this office, should you need it, is with the Weber River/Western 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-r4 which provide for filing either a
Request for Reconsiderat"ion with the Stut. Engineer or for judicial reviewrvith the appropriate
District court. e nlq".rt 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 filed in-person, by mail, or
electronically. If the request is filed electronically, it shall be submitted to: [e-mail],
which is the authorl.at.rr.ral email for the Division. However, a Request for Reconsideration is
not a prerequisite to rrtiig 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 frled, within 30
days after the date ih. R"qu..t 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 9V of 2024
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ORDER OF THE STATE ENGINEER
Permanent Change Application Number
31-s0l (a51396)
Page 4
Mailed a copy of the foregoing Order this 2? day of
Kaysville City CorPoration
44 North Main
Kaysville UT 84037
Utah Division of Drinking Water
PO Box 144830
Salt Lake city, uT 84114-4830
Division of Water Rights
Water Use Program
BY:
Cannon,
2024 to
l.lAY 2 I 202{
Secretary
Dept. of Environmental edry
Dlvision of Drinking ltllffi
ORDER OF THE STATE ENGINEER
Permanent Change Application Number
3l-501 (a51396)
Page 6
I]TAH DIVISION OF DRINKING WATER
PO BOX 144830
SALT LAKE CITY UT 84114-4830
l,lAY 2 I 202(
Dept. of Envimnmental QualitY
DMsion of Drinking Water
:-5-_ .*:-l
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