DDW-2024-009211

SPENCER J. COX
Governor
State of Utah
DEPARTMENT OF NATURAL RESOURCES
Division of Water Rights
JOEL FERRY
Executive Director
TERESA WILHELMSEN
State Engineer/Division Director
JUL 2 6 2024
DEIDRE M. HENDERSON
Lieutenant Governor D<'pL of r n,"<Hlnl('nl:1' Q11:"<l iLy
Dh~siJn o. Drin.l.Jn ~ Waler
ORDER OF THE STATE ENGINEER
For Permanent Change Application Number 95-388 (a51511)
Permanent Change Application Number 95-388 (a51511) in the names of Bicknell Town
Incorporated was filed on April 1, 2024, to add points of diversion and change the place of use of
1.19 cubic feet per second (cfs) of water as evidenced by Water Right Numbers 95-1686, 95-388,
and 95-633. Heretofore, the water has been diverted from the following points located: (1) Surface
-North 2136 feet and East 3715 feet from the SW Comer of Section 7, T28S, R4E, SLB&M;(2)
Surface -North 1541 feet and East 3179 feet from the SW Comer of Section 7, T28S, R4E,
SLB&M; (3) Surface -North 1541 feet and East 3288 feet from the SW Comer of Section 7, T28S,
R4E, SLB&M; (4) Surface -North 1062 feet and East 2525 feet from the SW Comer of Section
7, T28S, R4E, SLB&M. The water has been used for year-round municipal purposes within the
service area of Bickneil Town Incorporated. -
Hereafter, it is proposed to divert 1.19 cfs of water from the same points as heretofore and from
additional points located: (1) Well -North 573 feet and West 1245 feet from the E¼ Comer of
Section 3, T29S, R3E, SLB&M (IO-inch well, 100-400 feet deep); (2) Spring -South 1600 feet
and West 1200 feet from the NE Comer of Section 3, T29S, R3E, SLB&M (Brinkerhoff Spring).
The nature of use of the water will remain the same as heretofore. The place of use of the water is
being changed to be used within the service area of Bicknell Town.
Notice of the application was published in The Wayne and Garfield County Insider on April 11
and 18, 2024. No protests were received.
This change application is based on the following water rights and their beneficial uses:
Water Right Number Beneficial Use Flow Rate ( cfs) Diversion (acre-feet)
95-388 Municipal 0.597 433.452
95-633 Municipal 0.093 67.523
95-1686 Municipal 0.5 363.025
Totals: 1.19 864.0
It is noted by the State Engineer a discrepancy in the place of use as listed on the paper application
and the electronic records of the State Engineer exists. The application lists the heretofore place of
use as the Town Boundaries of Bicknell Town and four 40-acre parcels. The Division of Water
Rights Database states the service area of Bicknell Town. Utah Code § 73-3-6(1)(c) provides
clerical errors, ambiguities, and mistakes that do not prejudice the rights of others may be corrected
by Order of the State Engineer either before or after the publication of notice. The State Engineer
believes the application is sufficient that the heretofore place of use is the service area of Bicknell
Town.
1594 West North Temple, Suite 220, PO Box 146300 , Salt Lake City, UT 84114-6300
telephone [phone] • facsimile [phone] • www.waterrights.utah.gov
_ __,;
28001
ORDER OF THE STATE ENGINEER
Permanent Change Application Number
95-388 (a51511)
Page 2
It is also noted by the State Engineer that the hereafter diversion/depletion are less than or equal
to the heretofore diversion/depletion. With a diversion limitation of 1.19 cfs or 864.0 acre-feet,
and depletion limited to 864.0 acre-feet imposed for this municipal use, enlargement of the water
right will not be expected.
Additionally, it is noted that the spring sources have been developed, are reliable, and are
considered by the Division of Water rights to be underground sources of water. This will be
verified at the time of proof.
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 applicants are 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 95-388 (a51511) is
hereby APPROVED subject to prior rights and with the following conditions:
1) Water use under this approval shall be limited to the maximum annual diversion
allowance of 1.19 cfs or 864.0 acre-feet of water for municipal use with an
associated maximum annual depletion allowance of 864.0 acre-feet of water for
year-round municipal use. The applicant shall maintain records demonstrating the
depletion allowance is not being exceeded within the service area of Bicknell Town.
The applicant shall maintain records to demonstrate the stated depletion and
diversion limitations are not exceeded.
2) To accommodate the approval of this permanent change application, the use of 1.19
cfs of water for year-round municipal purposes within the service area of Bicknell
at the historical points of diversion and place of use must cease.
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.
4) Inasmuch as this application seeks to divert water from numerous points of
diversion, it is necessary that detailed information be provided to the State Engineer
to show which sources of supply are actually developed and used and the extent of
their usage under this application. Upon the submission of proof, as required by Utah
Code § 73-3-16, 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 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."
ORDER OF THE STATE ENGINEER
Permanent Change Application Number
95-388 (a51511)
Page 3
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
invalid through forfeiture. 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§ 73-1-4).
As noted, this approval is granted subject to prior rights. The applicants shall be liable to mitigate
or provide compensation for any impairment of or interference with prior rights as such may be
stipulated among parties or decreed by a court of competent jurisdiction.
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 applicants are strongly cautioned that other permits may be required before any development
of this application can begin and it is the responsibility of the applicants 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 proof must be filed on or before July 31, 2029, or a request for extension of
time must be acceptably 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 access to , or use of land or facilities not owned by the applicants.
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 § 73-3-16, for this application, the applicants 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 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 permanent change application.
It is the applicants' 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.
ORDER OF THE ST ATE ENGINEER
Permanent Change Application Number
95-388 (a51511)
Page4
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§§ 630-4-302, 630-4-402, and 73-3-14 which provide for filing either a
Request for Reconsideration with the State Engineer or for judicial re view with 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 filed in-person, by mail, or
electronically . If the request is filecLelectronicalLy, 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 filing for judicial review. A petition for judicial review must be filed 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 /i day of /J1d;t , 2024.
Mailed a copy of the foregoing Order this /1
Bicknell Town Incorporated
dayofr? , 2024 to:
PO Box 96
Bicknell UT 84 715
Di vision of Water Rights
Water Use Program
Division of Drinking Water
195 N. 1950 W.
Salt Lake City, UT 84116
BY Jkab ~
Doralee Cannon, AppICations/Recorcretary
ORDER OF THE STATE ENGINEER
Permanent Change Application Number
95-388 (a5151 l)
Page 6
DIVISION OF DRINKING WATER
195 N . 1950 W.
SALT LAKE CITY, UT 84116
JUL 2 6 2024
Dept. of F.mirr,1--,cn1 a\ {"'udily
Division ;.:,i o,,..ictng Wal er