DDW-2024-013127

State of Utah
DEPARTMENT OF NATURAL RESOURCES
Division of Water Rights
SPENCERJ. COX
Governor
DEIDREM. HENDERSON
Lieutenant Governor
JOEL FERRY
Executh'e Director
TERESA WILHELMSEN
State En gi n eer /D ivis i on Dire c to r
ORDER OF TIIE STATE ENGINEER
For Exchange Application Number 35-14508 (E6623)
Exchange Application Number 35-14508 (86623) in the name of Corporation of the Presiding
Bishop of the Church was filed on August 14, 2024, to exchange 3.0 acre-feet of water as
evidenced by Water Right Number 35-7398 (410990) owned by the U.S. Bureau of Reclamation
and a contract (Number 9006) for its use with Weber Basin Water Conservancy District. The 3.0
acre-feet of water is to be released from Causey Reservoir and, in lieu thereof, 3.0 acre-feet of
water will be diverted from the following points:
1) Surface - North 10 feet East 600 feet from the S% Comer of Section 11, T6N, R2E,
SLB&M (South Fork of the Ogden River)
2) Well - North 10 feet East 520 feet from the S% Corner of Section 11, T6N, R2E, SLB&M
(existing)
The water is to be used for the following purposes:
1) Irrigation - Sole Supply: 0.6 acre, Group Total: 0.6 acre, from April 1 to October 31
2) Recreation - Camp Atoka, year round
The water is to be used in all or portions of:
l) Sections ll & 14, T6N, R2E, SLB&M
Notice of the exchange application was published in the Standard Examiner on August 29 and
September 5,2024. No protests were received.
This Exchange Application seeks to replace Exchange Application Number 35-61L6 (8457)
contract number 09006 for 3.0 acre-feet. The original contract supporting Exchange Application
Number 35-6116 (457) in the name of Ogden Stake of The Church of Jesus Christ of Latter-day
Saints has been transferred to the applicants. Administrative action will be handled in a separate
Order of the State Engineer for Exchange Application Number 35-6116 (8457), whichhas no
contract to support the exchange.
It is the opinion of the State Engineer that this exchange 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 exchange application.
1594 West Noah Temple, Suite 220, PO Box 146300, Salt Lake City, UT 841 14-6300
telephone [phone] . facsimile [phone] . www.waterrights.utah.gov
Nov 0 1 202(
D
DepL of Envirorunental QualitY
Division of Drinking Water
29000
DIt(G:t
ORDER OF THE STATE ENGINEER
Exchange ApPlication Number
3s-14s08 (86623)
Page2
Nov 0 1 202[
DepL ol Environrnental QualitY
Dtv'uion of Drinking Water
It is, therefore, ofu)ErtED and the Exchange Apprication Number 35-14508 (86623) is hereby
APPROVED subject to prior rights and with the following conditions:
1) The applicant shall construct or install and rnaintain controlling works and a measuring
device as required by Utah Code $ 73-5-4'
2) The basis for this exchange right is a contract between the applicant and Weber Basin
Water Conservancy District. This contract rnust be maintained for this exchange to
remain valid. No water may be withdrawn under this application if a contract is not in
effect.
3) Total diversion under this exchange application is limited to 3.0 acre-feet of water per
year for the irrigation of 0.6 acre (1.8 acre-feet) from April 1 to October 31; and
year-round recreational use: Camp Atoka for 300 people (1.2 acre-feet)'
4) The water being exchanged shall be released from Causey Reservoir into the South Fork
of the ogden River as called for by the river comtnissioner.
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.
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'
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
appticability 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 g$ 73-3-lO 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 October 31. 2031, or a request for
extension of time must be acceptably filed and subsequently approved; otherwise, the application
will be lapsed.
Under the authority of Utah Code $ 73-3-20, the applicant is required to submit a proof of
diversion and beneficial use of water upon 60 days notification by the State Engineer. The proof
shall be in the same form and contain the same elernents as required for appropriation or
permanent change of water under Utah Code $ 73-3-16'
D
ORDER OF THE STATE ENGINEER
Exchange ApPlication Number
3s-14s08 (86623)
Page 3
Nov 0 1 202r,
DepL of Environmenlal Quality
Dtvision of Drinking Water
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 rnust 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 $ 13-3-16 for this application, 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'
Failure on your part to cornply with the requirements of the applicable statutes may result in the
lapsing of this exchange 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. AdditionallS if ownership of this water
right or the property with which it is associated changes, the records of the Division of
water Rights shourd be updated. For assistance in updating tifle 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/rvestern Regional
office in Salt Lake city. The telephone number is [phone].
This order is subject to the provisions of Utah Adrrin. code R655-6-17 of the Division of water
Rights and to utah code $$ 63G-4-3 02, 63G4402, and 73'3-14 which provide for frling either
a Request for Reconsideration with the State Engineer or for judicial review 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 filed electronicatly, it shall be submitted to: waterrights@utah'gov,
which is the authorizeJ general email for the Division. However, a Request for Reconsideration
is not a prerequisite to filing for judiciar review. A petition for judiciar 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'
DORDER OF THE STATE ENGINEER
Exchange APPlication Number
3s-14508 (86623)
Page 4
Corporation of the Presiding Bishop of
the Church
50 East North Temple 1lth Floor East
Salt Lake City, UT84150
Division of Water Rights
Distribution Section
c/o Jacob Olsen
OGDEN RTVER
Division of Water Rights
Stream Alteration Section
Nov 0 1 202{
Dcpt. of Bnvirorunental Quality
Division of Drinldng lvater
Dated this 2? day of 0 t6h ,2024
fr r Ter esa Wilhelmsen, P.E., State Engineer
Mailed a copy of the foregoing Order this 2 o( aay ot gCAk4 ' 2024 to:
BY:
Kent Wilkerson, River Commissioner
5833 Cascade Drive
Mountain Green, UT 84050
Weber Basin Water Conservancy District
Attn: Scott W. Paxman and Jon Parry
2837 EastHighwaY 193
Layton, Utah 84040
Utah Division of Drinking Water
PO Box 144830
Salt Lake city, uT 84114-4830
- Garrett Hayes, Applications/Records Secretaryfi,