DDW-2024-010020

State of Utah
DEPARTMENT OF NATURAL RESOT]RCES
Division of Water Rights
SPENCER J. COX
Governor
DEIDRE M. HENDERSON
Lieutenant Governor
JOELFERRY
Executive Director
TERESA WILHELMSEN
S nte En g in eer/D iv ts i on D irec tol
AUG 1 I, 202t
DepL of Environmental Qualtty
DMsion of Drlnhn$ \trater
ORDER OF THE STATE ENGINEER
For Permanent Change Application Number 35-14093 (a51145)
Permanent Change Application Number 35-t4093 (a51145) in the name of Terakee Water
Company LLC was filed on January 3,2024,1o change the points of diversion, places of use, and
uses of 0.2272 cubic foot per second or 63.58 acre-feet of water as evidenced by Water Right
Number 35-14093. Heretofore, the water has been diverted from the following points located:
(1) Surface - North 785 feet from the SW Corner of Section 10, T6N, R2W, SLB&M
(Weber River);
(2) Surface - South 400 feet and East 985 feet from the NW Corner of Section 15, T6N,
R2W, SLB&M (Weber River).
The water has been used for the sole supply irrigation of 15.895 acres (group totd, of 279.71 acres)
from May 15 to October 31. The water has been used in all or portions of Sections 9,15, & 16,
T6N, R2W, SLB&M.
Hereafter, it is proposed to divert 63.58 acre-feet of water from a well located North 1100 feet and
East 530 feet from the S% Corner of Section 17, T6N, R2W, SLB&M (6-inch well, 100-600 feet
deep). The water is to be used for year-round municipal purposes within the service area of Terakee
Water Company LLC.
Notice of the application was published in the Standard Examiner on January l8 and 25,2024, and
aprotest was received from Taylor West-Weber Water Improvement District (District). A hearing
was not held.
Summary of Protests
The protestant raised two primary concerns, summarized below:
l. Changing the nature of water use is inappropriate and that based on Weber County code
multiple culinary water providers should not operate in the same or overlapping service
areas.
2. The possibility of interference with the District's well designated as the 900 South Well
based on the depth of the proposed well and that Water Right Number 35-14093 isjunior in priority to the District's water rights.
Applicant's Response
The applicant responded in the following ways:
1594 West Norrh Temple, Suite 220, pO Box 146300, Salt Lake City, UT 841 14{300
telephone (801 ) 538-7240 . facsimile (801) 53 8-7467 . www.waterrights.utah.gov
D
D
ORDER OF THE STATE ENGINEER
Permanent Change Application Number
3s-14093 (a5ll4s)
Page2
Historical
Beneficial Use
Irrigation: 1 5.895 acres
l. Water fught Number 35-14093 was already approved for a change under Permanent
Change Application Number 3 5 - I 4093 (a5 0046a).
2. The proposed new point of diversion under the currently frled change application is an
already approved and drilled well.
State Ensineer's Review
The State Engineer determined a hearing was not necessary for this application because the protests
received were not substantially different from the protests received as part of the previously
approved Permanent Change Application Number 35-1148 (a50046), of which this right was a
p.it. e hearing was held on May 31,2023 for the previsouly-approved application where the
protests and responses to the protests were presented which provided the information needed for
the State Engineer to perform a review of this application.
permanent Change Application Number 35-1148 (a50046) was approved on March 8,2024 to
change the naturJ of use and the points of diversion, to municipal use and underground points of
diverlsion respectively, for several water rights including Water Right Number 35-14093. The
portion of Change Application Number 35-1148 (a50046) evidenced by Water Right Number 35-
1+Ogt was segregated off into Permanent Change Application Number 35-14093 (a50046a) on
May 15, 2024 to facilitate the processing of this application.
If allowed by Weber County Ordinances, Terakee Water Company, LLC can develop a public
water system and hold water right for municipal use. Weber County Code $ 106-4-2.1states that
where multiple culinary and secondary water delivery systems are available and conflict arises as
to which witl supply water to a development, the County Engineer shall make the final
determination.
In evaluating applications that propose to change the nature of use of a water right, the State
Engineer Ueiieves 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 annual amounts of hydrologic depletion:
AUG 1 { 202r
Deat of Envimnmenlal Quality
Divlslon of Drinhng lVater
Depletion
(acre-feet)
36.70
Allowed
Diversion
(acre-feet)
63.580
Rate of
Depletion
%)
57.n\
I Consumptive Use of lrrigated Crops in Utah, Research Report 145, Utah Agricultural Experiment Station, Utah
State University, Logan, Gah, October,1994, Table 25, Ogden Sugar Factory Station. The benchmark crop for the
referenced calculation is alfalfa, the most typical and consumptive crop evaluated in the study (27.71 inches or 2.309
feet.2.309 feet I 4.0 acre-feet duff : 57 .73%).
D
ORDER OF THE STATE ENGINEER
Permanent Change Application Number
3s-t4093 (a5l 145)
Page 3
3)
AU6 1 4 202t
Dept of Ernironmental euality
Dlvlsbn d Drhking fValer
This application proposes moving from a surface right to underground wells. [n evaluating
applications that propose changing a point of diversion to a more reliable source of supply, the
State Engineer evaluates the distribution records to determine the average historical amount of
water that has been available to the applicant over time. This approval must limit the hereafter
beneficial use to no more than the average historical beneficial use to ensure there is no
enlargement of the water right.
Water fught Number 35-14093 is a segregation of Water Right Number 35-8084. Water Right
Number 35-8084 is a certificated Application to Appropriate with a priority date of 1919. The
Weber River Commissioner's distribution records show that rights of this priority receive 56oh of
their water or in this case a diversion of 35.605 acre-feet with the depletion of 20.552 acre-feet.
This application is proposing to use the water for municipal use. If certain conditions are observed
it appears this change can be made without enlarging the water right.
It is the opinion of the State Engineer that this change application can be approved without
adversely affecting existing 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 change application.
It is, therefore, ORDERED and Permanent Change Application Number 35-14093 (a51145) is
hereby APPROVED subject to prior rights and the following conditions:
1)Water use under this approval shall be limited to the maximum annual diversion
allowance of 35.605 acre-feet of water for municipal use with an associated maximum
annual depletion allowance of 20.552 acre-feet of water for year-round municipal use
within the service area of Terakee Water Company, LLC. The applicant shall maintain
records to demonstrate the stated depletion and diversion limitations are not exceeded.
To accommodate the approval of this permanent change application, the diversion of
63.580 acre-feet of water to be used for the irrigation of 15.895 acres from May 15 to
October 31 at the historical point of diversion and place of use must cease
2)
4)
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.
Whereas this application has been filed to entirely replace and supersede prior approved
Permanent Change Application Number 35-14093 (a50046a), with this approval that
prior application is considered to have been WITHDRAWII.
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
D
ORDER OF THE STATE ENGINEER
Permanent Change Application Number
3s-14093 (as1 1as)
Page 4
AUG 1 1 202r
Dept. of Environmental Qualtty
Division of DrintJng Water
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-l-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
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 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
and73-3-12 must be diligently prosecuted to completion. The water must be put to beneficial use
and proof must be filed on or before Aueust 31. 2034, 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 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 certiff 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 applicant must identifu 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 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 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 Weber River/Westem 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
tughts and to Utah Code g$ 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
D
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 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 fiting 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 ?of 2024
eresa P Engineer
Mailed a copy of the foregoing Order this q of 2024 to:
ORDER OF THE STATE ENGINEER
Permanent Change Application Number
3s-14093 (as1 14s)
Page 5
Terakee Water Company LLC
Brad Blanch
P O Box 14016
Ogden, UT 84412
Taylor West-Weber Water Improvement
District
c/o Rachel Anderson, Fabian VanCott
95 South State Street, Ste. 2300
Salt Lake City, UT 84111
Kent Wilkerson, River Commissioner
5833 Cascade Drive
Mountain Green, UT 84050
AUG 1 { 202{
DepL of En'ironmental Ouatity
Dlvfsbn of Drintfng Water
Division of Water Rights
Distribution Section
c/o Susan Odekirk
WEBER zuVER
Utah Division of Drinking Water
PO Box 144830
Salt Lake City, UT 84114-4830
Division of Water Rights
Water Use Program
BY
Cannon, Applications/Records Secretary
ORDER OF THE STATE ENGINEER
Permanent Change Application Number
35-14093 (a51145)
Page 10
UTAH DIVISION OF DRINKING WATER
PO BOX 144830
SALT LAKE CITY UT 84114-4830
AUG 1 /, 202t
Deot. of Envirorunental Quality
bwsion of Drinking water
DIRIEIU