DDW-2024-013197

State of utah
DEPARTMENT OF NATUR.AL R.ESOURCES
Division of Water Rights
SPENCERJ. COX
Govemor
DEIDRE M. }IENDERSON
Lieulenant Governor
]OEL FERRY
Executive Director
TERESA WILHELMSEN
St ate En gin e er /D ivi s i on Direc tor
NoI, 0 I 202(
Dept. of Envirmmental Quality
Division of Drinkirig Wa(er
ORDER OF THE STATE ENGINEER
For Permanent Change Application Number 6l-2692 (a51852)
permanent Change Application Number 6l-2692 (a5 1852) in the name of Mark III Investments,
LLC was filed on h:6re25,2024, to change the point of diversion, places of use, and use for
0.0353 cubic foot per seconci (cfs) or 5.25 acre-fect of water as evidenced by Water FJght
Number 6l-2692. Heretofore, the water has been diverted from the following point:
l) Surface - South 182 feet West 649 feet from the N% Corner of Section 22,T365, R5W
SLB&M
The water has been used for the following purpose:
l) Irrigation - Sole Supply: 1.75 acres, Group Total: 3.75 acres, from April 1 to October 31
The water has been used in all or portions of:
1) Sections 15 &22, T365, R5W SLB&M
Hereafter, it is proposed to divert 0.0353 cfs or 5.25 acre-feet of water from a point of diversion
changed to:
1) Well - South 1213 feet West 1174 feet from the EYo Corner of Section 31, T36S, R5W,
SLB&M (6.0-inch well, 320 feet deep)
The water is to be used for:
1) Domestic - Sole Supply: 11.667 equivalent domestic units (EDU), Group Total: L1.667
EDU, year round
The place of use of the water is being changed to all or a portion of:
i) Section 31, T35S, R5\V, SLB&I\{
Notice of the change application was published in The Walzne and Garfield Counlv Insider on
July 18 and25,2024, and a protest received from DMADC. A hearing was not held.
Mabey Wright & James, PLLC, representing DMADC Water Companies, expressed concern that
if this change is granted and depletion to the hydrologic systern increases, the rights of the
protestant will be impaired. The protestant stated that the applicant failed to identify the irrigated
ground that would be retired to facilitate the change, and therefore requests that this information
be provided.
The State Engineer, as decision maker, weighs assertions of quantity impairment and whether
sufficient evidence has been provided by the applicant to support a reasonable belief that the
1594 WestNorth Temple, Suite 220, PO Box 146300, Salt Lake City, UT 84114-6300
telephone [phone]'facsimite [phone]'www.waterriglrts.utah.gov
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9000 & 28000
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ORDER OF THE STATE ENGINEER
Permanent Change Application Number
6t-2692 (as 18s2)
Page2
Nov 0 I 202t
Dept. o[ Environmental QualitY
DMsion of Drinkingl Water
change will not cause a specific right to experience quantity impairment as defined in Utah Code
$ 73-3-3(1Xe).
The State Engineer has reviewed the application filed by the applicant and concludes that the
applicant has provided the required information for the application outlined in Utah Code $
73-3-3(4)(b). The applicant is not required to identify the irrigated ground that would be retired
to facilitate the change; however, the State Engineer will require that the historical uses must
cease upon approval of the application.
In review of the application, the State Engineer notes that the proposed beneficial use is for
11.667 EDU. There is no exception taken with this, but it is noted that filing proof on a partial
EDU would not be accepted. The partiat EDU may be made whole by another established water
right with an approved change application.
In evaluating applications, which propose to change the nature of use of a water right, the State
Engineer believes 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, the hereafter annual water diversion and
depletion requirements for the proposed beneficial uses are equal to and less than the heretofore
values, respectivelY.
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 ditigence 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, oRI)ERED and Permanent Change Application Number 6l-2692 (a51852) is
hereby APPROVED subject to prior rights and the following conditions:
1) This change application is limited to the annual diversion of 0.0353 cfs or 5.25 acre-feet
of water to be used for year-round, indool domestic requirements of 11.667 EDU. The
associated maximum annual depletion allowance for this change application is 1.051
acre-feet.
2) To accommodate the approval of this permanent change application, the diversion of
0.0353 cfs or 5.25 acre-feet of water to be used for irrigation of 1.75 acres fromApril 1
to October 31 at the historical point of diversion and places of use must cease.
1 Domestic depletion rate:200/o
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ORDER OF THE STATE ENGINEER
Permanent Change Application Number
6l-2692 (as 1852)
Page 3
No'J 0 B 202[
Dcpt. oi Environmental QualitY
Division of Drinking Water
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.
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-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.
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
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 November 30. 2029. or a request for
extension of time must be acceptably fited and subsequently approved; otherwise, the application
will be lapsed.
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 identiS 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 demonsffate 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.
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ORDER OF THE STATE ENGINEER
Permanent Change Application Number
6t-2692 (as 18s2)
Page 4
Nov 0 I 202r
Dept. o[ Environmental QualitY
Division of Drinking Water
Failure on your part to comply with the requirements of the applicable statutes may result in the
lapsing of this 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 in Richfield. The telephone number is [phone].
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, 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 rnust 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 filing for judiciat 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 5 aav ot M0V0MB7R,2I24
rtr TeresaWilhelmsen, P.E., State Engineer
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ORDER OF THE STATE ENGINEER
Permanent Change Application Number
6t-2692 (a518s2)
Page 5
Mailed a copy of the foregoing Order this 5 aay of {gV P A4 F 0K,2024 to:
No', 0 I 202t
DepL CIl llNironmental QualitY
Dtv*Sur o[ DrinHng Water
Mark III Investrnents, LLC
243F,. St. George Blvd. STE 200
St George, UT 84770
Russel Christensen, Co-River Commissioner
DMADC
800 w. 100 N.
Delta, UT 84624
Division of Water Rights
Distribution Section2962 South 900 West
Richfield, U't 84701
Utah Division of Drinking Water
PO Box 144830
Salt Lake city, uT 84114-4830
Dave Horsely
Sevier River
Hayes,Secretary
ORDER OF THE STATE ENGINEER
Permanent Change Application Number
6r-2692 (a51852)
Utah Division of Drinking Water
PO Box 144830
Salt Lake city, UT 84114-4830
No\, 0 I 202r
Dept. of Environmental QualitY
Division of Drinldng Water
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