DDW-2024-008110

State of Utah
DEPARTMENT OF NATURAL RESOURCES
Division of Water Rights
JOEL FERRY TERESAWILHELMSEN
Executive Director State Engineer/Division Director
JUN 0 5 202t
SPENCER J. COX
Goventor
DEIDREM. HENDERSON
Lieutenant Governor
Dept, of Envirorrnerfil Adity
DMsionof DrinNrcUtrr
ORDER OF'THE STATE ENGINEER
For Permanent Change Application Number 55-210 (aSl492)
Permanent Change Application Number 55-210 (a51492) in the name of Steve Turley was filed
on March 26,2024, to change the point of diversion, place of use, and uses of 0.0308 cubic foot
per second of water as evidenced by Water Right Number 55-210. Heretofore, the water has been
diverted from a well located North 2086 feet and West 204 feet from the SE Corner of Section 33,
T65, R2E, SLB&M (4-inch well, 123 feet deep). The water has been used for the sole supply
irrigation of 4.3875 acres from April 1 to October 31; and year-round stockwatering of 3.0
equivalent livestock units (ELUs) in cattle, horses, or equivalent species. The water has been used
in all or portions of Section 33, T65, R2E, SLB&M.
Hereafter, it is proposed to divert 8.634 acre-feet of water from a well located North 1053 feet and
East 1044 feet from the S% Corner of Section 8, T7S, R3E, SLB&M (proposed 8-inch well, 100-
500 feet deep). The water is to be used for the irrigation of 0.021 acre from April 1 to October 31;
and year-round, indoor, domestic sole supply requirements of 19.0 equivalent domestic units
(EDUs). The place of use of the water is being changed to all or portions of Section 8, T7S, R3E,
SLB&M.
Notice of the application was published in the Daily Herald on April 11 and 18,2024. No protests
were received.
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 by Division of Water Rights staff on May 14, 2019. The SER asserted the historical
beneficial use of water from the 4-inch well was for the irrigation of 2.25 acres, the watering of
3.0 ELUs, and 1.0 EDU. The SER indicates a quantity of water of 9.534 acre-feet. In March 2024,
0.1125 acre and 1.0 EDU were segregated from Water RightNumber 55-2l}leaving 2.1375 acres
of irrigation and 3.0 ELUs for a total quantity of water of 8.634 acre-feet.
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.
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 historical water use as compared to the proposed use to ensure 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:
1594 West North Temple, Suite 220, Po Box 146300, salt Lake city, uT 84114-6300
telephone [phone]. facsimile (801) 538'7467 .wvw.waterriShts.utah.gov
D
25000 - Utah County
ORDER OF THE STATE ENGINEER
Permanent Change Application Number
5s-210 (asl492)
Page2
Historical
Beneficial Uses
Allowed
Diversion
(acre-foot)
Rate of
Depletion
(%)
57.30
100.00
Amount of
Depletion
(acre-foot)
Irrigation (acre):2.1375
3.0000
8.550
0.084
4.900
0.084Stock Waterine (ELU):
Totals 8.634
Allowed
Diversion
Rate of
Depletion
(%)
4.984
Amount of
Depletion
The application proposes the following uses
Proposed
Beneficial Uses (acre-foot)(acre-foot)
Irrigation (acre):
Domestic (EDU)
0.021
19.000
0.084
8.550
sl so2
20.00
0.048
t.710
Totals:
Based on the above analysis, the proposed uses wili not exceed the historical hydrologic depletion
limitations. Therefore, tfr. propor"d ,rs"r will not enlarge the underlying water right and are
acceptable.
On April g,20l4,the Cedar Valtey and Northern Utah Valley Groundwater Management Plan was
adopied. Tiie intent of the plan is to provide specific management guidelines under the statutory
proririor* 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 idjudicate 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, ORI)ERED and Permanent Change Application Number 55-210 (a51492) is
hereby APPROVED subject to prior rights and the following conditions:
l) This change application is limited to the annual diversion of 8.634 acre-feet of
water to be used for the inigation of 0.021 acre from April 1 to October 31; year-
round, indoor, domestic requirements of 19.00 EDU.
2) To accommodate the approval of this permanent change application, the diversion
of 8.634 acre-feet of water to be used for the irrigation of 2.1375 acres from April
8.634 1.758
I Consumptive Use of lruigated Crops in Utah, Research Report 145, Utah Agricultural Experiment Station, Utah
State University, Logan, Ut-ah, October l994,Tab1e 25, Pleasant Grove Station. The benchmark crop for the referenced
calculation is aifutfa, me mosttypical and consumptive crop evaluated in the study (27.5 I inches or 2-2925 feet.2.2925
feet / 4.0 acre-feet duty = 57 .3%).
2lbid.
ORDER OF THE STATE ENGINEER
Permanent Change Application Number
ss-2t0 (a5ra92)
Page 3
1 to October 3l and the year-round stock watering of 3.00 ELUs in cattle, horses,
or equivalent species at the historical point of diversion and place of use must cease.
3) The applicant shall construct or install and maintain controlling works and a'
,rr"as*it g device as required by Utah Code $ 73-5-4'
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
uaj"Ji*," water rigtrt titte or the validity of established water rights. It is noted that failure to
exlrcise a water right within the statutory period could render all or a portion of a water right
inruria through forieiture. parties who wish 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-l-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 among parties or decreed by a court of competent jurisdiction'
The applicant is strongly cautioned that other permits may be required before any development.of
this application can u"-gi, and it is the responriuitity o{thg applicant to determinc the applicability
of and acquisition of su-ch permits. once all other pirmits have been acquired, this is your authority
to develop 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
arrd proof must be filed
"on oi b"fore Mav 31. 2031. or a request for extension of time must be
ur..ptubly filed and subsequentty upptor.aSttet*i.e, the application will be lapsed' This
upprorA is [mited to the rigirts to divert and beneficially use water and does not grant any rights
of u"..rr 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 p."p*"d by a registered engineer or land surveyor, who
witl certify to the location, uses, and extent oi yo* water right. Upon the submission of proof as
required by Utah Code g iz-l-t'a,for this application, the applicant must identiff every source of
water used under this application and the am-ount of water used from that source. The proof must
also show the capacity oittt. sources of supply and demonstrate that each source can provide the
water claimed to be diverted under ttris 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
ownership-of theirwater right. please notify this office immediately of any change of address
or for assistance in updatirig 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
ORDER OF THE STATE ENGINEER
Permanent Change Application Number
ss-2t0 (asr492)
Page 4
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 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, and73-3-14 which provide for frling either a
nequest for Reconsideration with the State Engineer or for judicial review with the appropriate
Oistrict 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 filed in-person, by mail, or
electronicalty. If tne 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 frled 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 ) O1 day
-
of 2024
/,-
State Engineer
Mailed a copy of the foregoing Order this I I 2024to:
Steve Turley
1480 South State St.
Provo, UT 84606
BY:
Doralee Cannon,Secretary
of---Uaa4-,
{
li
ORDER OF THE STATE ENGINEER
Permanent Change Application Number
55-210 (a5ta92)
Page 6
Utah Division of Drinking Water
PO Box 144830
Salt Lake city, uT 84114-4830
JUN 0 5 ?02t
Deot. of Environrnmhl audttY
OMtionof DrinkhgWaH
D