DDW-2024-013664

ORDER OF THE STATE ENGINEER
Permanent Change Application Number
63-3s8 (asra49)
Utah Division of Drinking Water
PO Box 144830
Salt Lake city, UT 84114-4830
State of Utah
DEPARTMENT OF NATURAL RESOURCES
Division of Water Rights
SPENCER J. COX
Governor
DEIDRE M. HENDERSON
Lieutenant Governor
JOEL FERRY
Executive Director
TERESA WILHELMSEN
State Engin eer/Division Direclor
ORDER OF THE STATE ENGINEER
For Permanent Change Application Number 63-358 (a51448)
permanent Change Application Number 63-358 (a5l4a$ in the name of Gunnison City
Corporation was filed on March 12,2024, to add points of diversion for 3.155 cubic feet per
second (cfs) or 1510.4 acre-feet of water as evidenced by Water Right Numbers 63-358,
63-2512, and 65-3376. Heretofore, the water has been diverted from the following points:
1) Surface - North 1219 feet East 1159 feet from the S% Corner of Section 4, T19S, R2E,
SLB&M (Peacock SPring)
2) Well - North 660 feet East 1100 feet from the SW Corner of Section 31, T18S, RlE,
SLB&M (14.0-inch well,430 feet deep)
3) Well - South 1650 feet East 860 feet from the NW Corner of Section 6, T19S, RlE,
SLB&M (20-inch well,400-600 feet deep)
4) Well - South 2124 feet East 616 feet from theNW Corner of Section 6, T19S, RlE,
SLB&M (2O-inch well, 400-600 feet deep)
5) Well - South 827 feet East 1570 feet from the NW Corner of Section 6, T19S, RlE,
SLB&M (10.0-inch well,392 feet deep)
6) Well - South 1661 feet East 1014 feet from the NE Corner of Section 7, T19S, R1E,
SLB&M (20-inch well, 400-600 feet deep)
7) Well - South 1985 feet East 1282 feet from the NW Corner of Section 13, T19S, RlE,
SLB&M (existing lO-inch well,230 feet deep)
8) Well - North 3019 feet West 144 feet from the SE Corner of Section 1, T19S, RlW
SLB&M (existing 16-inch well, 395 feet deep)
9) Spring - North 490 feet East 390 feet from the S% Comer of Section 8, T19S, R2E,
SLB&M (Little Nine Mile SPring)
The water has been used for the following purpose:
1) Municipal - Gunnison City service area,year round
Hereafter, it is proposedto divert 3.155 cfs or 1510.4 acre-feet ofwaterfromthesamepointsas
heretofore and from an additional point located:
1) Well - North 927 feet West 740 feet from the E% Corner of Section 16, T19S, RIW
SLB&M (S-inch well, 1000 feet deeP)
The nature of use of the water will remain the same as heretofore. The place ofuse of the water
will remain the same as heretofore.
1594 West North Tenple, Suite 220, PO Box 146300, Salt Lake City' UT 841 14-6300
teleplrone (801) 538-'1240 ' facsimile (80I) 538-7467 ' www.waterrights.utah.gov
20004
ORDER OF THE STATE ENGINEER
Permanent Change Application Number
63-3s8 (as1448)
Page 2
Notice of the change application was published in the Sanpete Messenger on March 28 and April
4, 2024, and protests were received from Jared Sorensen, Jarvis Sorensen, Dover Canal
Company, Charles Inouye Sons, Incorporated, Franklin O'Driscoll, Loni Hammond, and Bryce
Sorensen. A hearing was held on July 9,2024.
B ackground Information
The applicant seeks to add an underground point of diversion to their water right. The proposed
diversion, commonly known as the Tarr Canyon Well, is located approximately 5 miles west of
Gunnison, Utah. The Tarr Canyon well is located on the west side of the Sevier River and
approximately 500 east of the piute Canal. The proposed location and land, which is currently
owned by the Utah Trust Lands Administration, was recommended from a groundwater study
produced by Willowstick. I
The applicant obtained a non-production well permit to investigate the flow capacity at the
proposed location. The well log2 reported a drilling depth of 1,000 feet with a pumping yield of
392 gallons per minute.
The applicant continues to investigate the feasibility of the project and, if necessary intends to
obtain additional permits, land acquisitions, easernents, etc., to complete the project.
Summary of Protests
Each protestant expressed concern that if this change is granted and depletion to the hydrologic
system incroases, the rights of the protestants will be impaired. A detailed record of each protest
can be found on the Division of Water Rights database for the underlying water right.
The protestants have collectively experienced a decrease in the water table surface elevation and
a decrease in their pump capacity. They share a concern that if the change application is
approved, that it would be detrimental to their water rights and their livelihood' They also
question if the upper and lower aquifers are actually two independent aquifers'
1 Willowstick , Groundwater Well Siting Study, July 8, 2022. See Exhibit C of Scanned Document number 255 of
Water Right Number 63-358.
' Well Drille.'s Report for WIN 447330 was received on May 8,2023'
ORDER OF THE STATE ENGINEER
Permanent Change Application Number
63-3s8 (as1448)
Page 3
The protestants stated that the change application is detrimental to the public welfare by the
possibility of increasing the amount of salt contamination into the aquifer from the
Redmond-Gunnison ValleY.
The protestant also stated that the change application is not physically or economically feasible.
They point out that the land where the proposed well is located is not currently owned by the
applicant, nor does the applicant have legal easements from private property owners in place to
construct a pipeline. The protestant believes the applicant has not obtained sufficient funds to
constnrct a project that has been estimated to cost approximately $11 million to $16 million.
Lastly, the protestants question the applicant's historical water use. They expressed concern that
the applicant is enlarging their water right, and that their diverted water is not being reported to
the Division of Water Rights.
Applicant's Response
Kelly Chappel, representing the applicant, responded to the protests with a written statement and
at the hearing. Several Gunnison City representatives were also present at the hearing in support
of the application.
Mr. Chappel gave an overview of the applicant's water sources and described the need for an
additional water source to comply with Utah Code R-309-510. They have constructed additional
wells to attempt to apply with their water distribution needs, but an additional source is still
needed. Through various studies and results from the pumping test, they believe the proposed
well has the suffrcient capacity to meet their needs. The applicant stated it is not their intent to
pump their entire water right from the proposed well, but rather to use it in combination with
their other approved points of diversion.
The applicant stated they do not believe the change application will cause impairment or
excessive drawdown to the aquifer. It was reported that the 24-hour pumping test caused a
drawdown of 57.8 feet of drawdown (although it is noted by the State Engineer that the well log
reports 60 feet of drawdown) at the proposed well, and the well drawdown recovered 88% within
the first minute of recovery. They stated that no drawdown was observed at the monitoring well
(Mr. O'Driscoll's house well).
The applicant provided background information on how the underlying water right is utilized
from the Peacock Spring and their three existing wells. They provided their recent water usage
data from these sources, which is reported to the Division of Water Rights Water Use Program.
ORDER OF THE STATE ENGINEER
Permanent Change Application Number
63-358 (as1448)
Page 4
The reported data showed that the applicant has not used their full water right quantity for the
last five years, with a maximum total diversion being l,ll9 '97 acre-feet in2021'
With regards to the possibility of salt contamination, the applicant stated their water quality
samples during the pump test met all primary and secondary Drinking Water Standards'
The applicant acknowledges that additional funding, permits, land acquisitions, easements' etc''
w,r be needed to co'rplete the project, but that they are committed to obtaining what is required.
Evaluation of the State Engineer
The State Engineer has reviewed the application, the information provided in support and in
protest of the application, the hearing record, the written information submitted after the hearing,
and has conducted additional investigations as directed by statute. Action on an Application for
permanent change of water by the State Engineer is governed by the provisions of utah code
$$ 73-3-3 and 73-3-8.
In review of the application, the well log of the test well, the groundwater study produced by
Willowstick3, and other pertinent information on file, the State Engineer has reasonable belief
that the uppff and lower aquifers are connected. In addition, it is the opinion of the State
Engineer that there is reasonable belief that the proposed source has sufficient capacity for the
quantity of water included in the underlying change application, nor would it cause quantrty
impairment as defined in Utah Code $ 73-3-3(1Xh)'
It is the opinion of the State Engineer that the applicant has provided suffrcient information to
provide reasonable belief the project is physically and economically feasible and that it would
not prove detrimental to the public welfare, per Utah Code $ 73-3-8(1)(a)(iii)'
It is the opinion of the State Engineer that this change application can be approved without
adverseiy 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 63-358 (a51448) is
hereby APPROVED subject to prior rights and the following conditions:
3 Willowstick , Growtdwater Well Siting Study,l'ily 8,2022'
ORDER OF THE STATE ENGINEER
Permanent Change Application Number
63-358 (as1448)
Page 5
1) This change application is limited to the annual diversion of 3.155 cfs or 1510.4 acre-feet
of water to be used for year-round municipal use within the service area of Gunnison
City'
2) 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
appiication. 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 rnay be approved to be diverted
from those sources.
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) Whereas this change application has been filed to entirely replace and supersede
permanent Change Application Number 63-358 (a40431), with this approval that prior
application is considered to have been WITHDRAWN'
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-t-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 gtant any
rights of access to, or use of land or facilities not owned by the applicant.
ORDER OF THE STATE ENGINEER
Permanent Change Application Number
63-3s8 (as1448)
Page 6
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 appiicant 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 November 30. 2029, or a request for
extension of time must be acceptably filed and subsequently approved; otherwise, the application
will be lapsed.
proof of beneficial use is evidence to the State Engineer that the water has been fuIly 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 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 clairned 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 change application.
It is the applicant's responsibilify 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 titte 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 Regionai
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 gg 63G-4-3 02, 63G-4-402, and 73-3-14 which provide for filing either
a Request for Reconsideration with the State Engineer or for judicial review with the appropriate
Dishict 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 subrnitted to: [e-mail],
which is the authorized general email for the Division. However, a Request for Reconsideration
ORDER OF THE STATE ENGINEER
Permanent Change Application Number
63-3s8 (as1a48)
PageT
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 LG aayof N0V0alB03 ,2024
fo. TeresaWilhelmsen, P.E., State Engineer
Mailed a copy of the foregoing Order this 7 G day of N OV tpt 0 K,2024 to
Gunnison City Corporation
38 West Center
PO Box 790
Gunnison UT 84634
Jarvis Sorensen
Box 835
Gunnison, Utah84634
Charles Inouye Sons, Incorporated
c/o Devin Bybee
3165 East Millrock Drive, Suite 500
Salt Lake City, Utah 84121
Loni Hammond
c/o Piute Reservoir & Irrigation Company
PO Box 363
Richfield, UT 84701
Utah Division of Drinking Water
PO Box 144830
Salt Lake ciry, uT 84114-4830
Jared Sorensen
Box497
Gunnison, Utah 84634
Dover Canal Company
c/o Jarvis Sorensen
Box 835
Gunnison, Utah84634
Franklin O'Driscoll
PO Box 964
Gunnison IJT 84634
Bryce Sorensen
PO Box 52
Gunnison, Ut84634
Division of Water Rights
Water Use Program
Hayes,
BY:
Secretary