DDW-2024-008871

State of Utah
DEPARTMENT OF' NATURAL RESOURCES
Division of Water Rights
SPENCER J, COX
Governor
DEIDRE M. HENDERSON
Lieutenant Gol)ernor
JOEL FERRY
Executive Director
TERESA WILHELMSEN
State En gine e r/ D iv is ion D ire ctor
JUL 1 0 202{
DepL of Environmental Quality
DMstonof DrinhngWahr
ORDER OF THE STATE ENGINEER
For Application to Appropriate water Number 43-13289 (A82317)
Applicationto Appropriate WaterNumber 43-13289 (482317) in the nzlme of Jerald W Jones was
filed on Decembii liZOZO,to appropriate 1.73 acre-feet of water from a well located North 190
feet and East523feet fromthe S% Comer of Section 13, T4S, R8W, USB&M (originally proposed
as an 8-inch well, 75-500 feet deep, but constructed in 2021 as an 8-inch well, 40 feet deep). The
water is to be used for the irrigation of 0.25 acre from April 1 to October 31; year-round
stockwatering of 10.0 equivalent livestock units (ELUs) in cattle, horses, or equivalent species;
and recreational purposes at Cabins-Modern recreational Camp from April 15 to October 3 1. The
water is to be used in all or portions of Sections 13 & 24,T45, R8W, USB&M.
Notice of the application was published in the Uintah Basin Standard on January 6 and 13, 2021.
No protests were received.
It is the opinion of the State Engineer that there is unappropriated water that can be developed
under this application and that this application can be approved without impairing existing water
rights. The applicant is put on notice that diligence must be shown in pursuing the development of
this application, which can be demonstrated by the completion of the project as proposed in the
application.
It is, therefore, ORDERED and Application to Appropriate Water Number 43-13289 (482317) is
hereby APPROVED subject to prior rights and with the following conditions:
l) This approval is limited to an annual diversion of 1.73 acre-feet for
inigation of 0.25 acre from April 1 to october 31; year-round
stockwatering of 10.0 ELUs in cattle, horses, or equivalent species; and
recreational purposes at Cabins-Modem recreational Camp from April
15 to October 31.
2) The applicant shall construct or install and maintain controlling works
and a measuring device as required by Utah Code $ 73-5-4.
This application is also approved according to the conditions of the current appropriation policy
guidelines for the Colorado River Drainage, adopted March 7,1990.
The applicant is strongly cautioned that other permits may be required before any development of
this application can begin and it is the responsibility of the applicant to determine the applicability
of and acquisition of such permits. Once all other permits have been acquired, this is your authority
to develop the water under the above referenced application which under Utah Code $ 73-3-10 and
73-3-12 must be diligently prosecuted to completion. The water must be put to beneficial use and
1594 West North Temple, Suite 220, PO Box 146300, Salt Lake City, UT 841 l4-6300
telephone (801 ) 538-7240 . facsimile (80 I ) 538-7467 . wwv-waterrights-utah.gov
D
Duchesne - 07000
D
ORDER OF THE STATE ENGINEER
Application to Appropriat'e Water Number
43-13289 (A82317)
Page2
DeDL o[ Environmental gualitY
fuston of DrinHngWater
JUL 1 0 2021
proof must be filed on or before July 31. 2031, or a-request for extension of time must be
'acceptably frled; otherwise, the uppiiEt-tr*ritt u.lapsed. This approval is limited to the rights to
divert and benefi.iuiiy ,r. *uto'*d does not grant any rights of access to, or use of land or
facilities not owned by the applicant.
As noted, this approval is granted subject to prior rights.-The applicant shall b-e liable to mitigate
or provide compensation flr any impairmeni of or interference with prior rights as such may be
stiputated among parties or decreed by a court of competent jurisdiction'
proof of beneficial use is evidence to the State Engineer that the water has been fully placed to its
intended beneficial .rse. ey law, it must be pt"p*.d by a registered engineer or land surveyor, who
will certify to the location, uses and extent of your water right.
Upon the submission of proof as required by utah code $ 73-3-16 for this application, the
uppfir*t must identify .r.ry source of water used under this application and the amount of water
used from that soUrcl. T# 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 Application to Appropriate Water'
It is the applicant,s responsibility 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 updatin! ownership. Additionally, if ownership of this water right or the
property with whicn it ir associated c-hanges, 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 Eastern Regional office' The
telephone number is 435-247-1514.
This Order is subject to the provisions of Utah Admin. Code R655-6-17 of the Division of Water
nlgnt, and to utatr code $$ o:c-+-: 02,63G-4-402, and73-3-14 which provide for filing either a
Request for Reconsideration with the State Engineer or for judicial reviewwith the appropriate
District court. A Request for Reconsiderationhust 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
electronicatty. trtne request is filed electronically, it shall be submitted to: waterrights@utah'gov,
which is the authoiir.di.n.ral email for the Division. However, a Request for Reconsideration is
not a prerequisite to filiig for judicial review. A petition for judiciat review must be filed within
30 days after the date of this order or, if a Requeit 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
D
ORDER OF THE STATE ENGINEER
Application to Appropriate Water Number
43-13289 (A823t7)
Page 3
Dated this day of
Mailed a copy of the
Jerald W Jones
1999 W 47s S
Orem UT 84059
Division of Drinking Water
PO Box 144830
Salt Lake city, uT 84114-4830
JUL 1 0 202r
Dept. o[ EnvAonmental euality
Division of Drinling Water
P.E., State Engineer
2024.
fir Tetesa
BY:D^
Doralee Cannon,Applications/Records SecretarY
//
of (L-/.r, ,2o24to:
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DORDER OF THE STATE ENGINEER
Application to Appropriate Water Number
43-13289 (A823r7)
Page 5
DIVISION OF DRINKING WATER
PO BOX 144830
SALT LAKE CITY, UT 84I I4-4830
JUL 1 0 202r
DepL of Environmental QualitY
DMston of Drinldng Water