Loading...
HomeMy WebLinkAboutDDW-2024-009110SPENCER J. COX Governor DEIDRE M. HENDERSON Lieutenanl Governor State of Utah DEPARTMENT OF NATURAL RESOURCES Division of Water Rights JOEL FERRY TERESA WILHELMSEN Executive Director State Engineer/Division Director JUL 1 7 202[ DepL oI Environmental guality Division of Drinking WaterORDER OF THE STATE ENGINEER For Permanent Change Application Number 61-141 (a5f211) Permanent Change Application Number 6l-14l (a5l2ll) in the ruIme of Town of Circleville was filed on January 18,2024, to add a point of diversion for the use of 0.757 cubic foot per second (cfs) of water as evidenced by Water Right Number 6l-141. Heretofore, the water has been diverted from a well located North 843 feet and West 878 feet from the SE Corner of Section 26, T30S, R4W, SLB&M (existing l0-inch well, 313 feet deep). The water has been used for year- round municipal purposes within the service area of Circleville. The water has been used in all or portions of Sections 25 &26, T30S, R4W, SLB&M. Hereafter, it is proposed to divert 0.757 cfs of water from the same point as heretofore and from an additional well located North 412 feet and West I134 feet from the S% Corner of Section 23, T30S, R4W, SLB&M (l2-inch well, 300-450 feet deep). The nature of use and place of use of the water will remain the same as heretofore. Notice of the application was published in The Richfield Reaper on January 31 and February 7, 2024. No protests were received. Review has been made of the proposed changes and the underlying right. It is the opinion of the State Engineer that this application can be approved without adversely affecting prior rights provided certain conditions are imposed. Therefore, 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 approved in this order of the State Engineer. It is, therefore, ORDERED and Permanent Change Application Number 6l-14l (a51211) is hereby APPROVED subject to prior rights and with the following conditions: 1) The amount of water diverted by the applicant from the well shall be limited to 0.7 57 cfs annually year-round municipal purposes within the service area of Circleville. 2)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 adjudicate 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 1594 West North Temple, Suite 220, PO Box 146300, Salt Lake City, I-l-t 841 14-6300 telephone (801 ) 538-7240 . facsimile (801 ) 53 8-7467 . www.waterrights.utah.gov D 16002 D ORDER OF THE STATE ENGINEER Permanent Change Application Number 6t-r4r (asr2rr) Page2 JUL 1 7 202t Dept. of Envtonmental QualitY Division of Drinking Water invalid through forfeiture. Parties who wish to challenge the validity of a water right are advised that a declaraiion of forfeiture is a judicial action and the courts are available to pursue such suits (Utah Code $ 73-1-4). As noted, this approval is granted subject to prior rights. The applicant shall be liable to mitigate or provide compensation for any impairment of or interference with prior rights as such may be stifulated 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 begin and it is the responsibility of the applicant to determine the applicability of andLcquisition of such permits. Once all other permits have been acquired, this is your authority to develoi the water under the above referenced application which under Utah Code $$ 73-3-10 and13-3-12 must be diligently prosecuted to completion. The water must be put to beneficial use and proof must be filed on or before Julv 31. 2029, or a request for extension of time must be u"""ptubly filed and subsequently approved; otherwise, the application will be lapsed. This approval is limited to the rights to divert and beneficially use water and does not grant any rights of uc"ess 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 of your water right. Upon the submission of proof as required by Utah Code $ 73-3-l6,for this application, the applicant must identify every source of *ut.. used under this application and the amount of water used from that source. The proof must also show the capacity oith" 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 ownership 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 which it is associated changes, 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 Sevier River/Southern Regional Office. The telephone number is 435-896-2557. 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 filing either a Request for Reconsideration with the State Engineer or for judicial review with the appropriate Disirict Court. A Request for Reconsideration must be filed in writing with the State Engineer D ORDER OF THE STATE ENGINEER Permanent Change Application Number 6t-l4r (a5121 1) Page 3 JUL 1 7 202t DepL of Environmenlal QualitY Dtvision of Drinking Water within 20 days of the date of this Order. The written request shall be frled in-person, by mail, or electronicatty. f tne request is filed electronically, it shall be submitted to: waterrights@utah.gov, which is the authorized general email for the Division. However, a Request for Reconsideration is not a prerequisite to frling 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 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 /5 of 2024 F / Teresa E., State Engineer Mailed a copy of the foregoing Order this /of 2024to: Town of Circleville PO Box 69 Circelville, UT 84723 Utah Division of Drinking Water PO Box 144830 salt Lake city, uT 84114-4830 Division of Water Rights Water Use Program BY: Doralee Cannon, Applications/Records Secretary /r,,L // ORDER OF THE STATE ENGTNEER Permanent Change Application Number 6r-141 (a5121 1) Page 5 UTAH DIVISION OF DRINKING WATER PO BOX 144830 SALT LAKE CITY UT 84I14-4830 JUL 1 7 202t $. of Environmental QualitY DlvidonotDrinkbgWater D