DDW-2024-006850

ORDER OF THE STATE ENGINEER
Permanent Change Application Number
6s-4s3s(a51134)
Page 9
UTAH DIVISION OF DRINKING WATER
PO BOX 144830
SALT LAKE CITY UT 84114-4830
SPENCER J. COX
Governor
DEIDRE M. HENDERSON
Lieutenant Governor
State of Utah
DEPARTMENT OF NATURAL RESOURCES
Division of Water Rights
JOEL FERRY TERESA WILHELMSEN
Executive Director State Engineer/Division Director
ORDER OF THE STATE ENGINEER
For Permanent Change Application Number 65-4535 (a51134)
Permanent Change Application Number 65-4535 (a51 134) in the names of Horseshoe Irrigation
Company and The Bingham LLC was filed on December 29, 2023, to change the points of
diveriion, place of use, and uses of 0.9 acre-foot of water as evidenced by Water Right Number
65-4535. Heretofore, the water has been diverted from the following points located: (1) Surface -
East 1250 feet from the SW Corner of Section 33, T153, R4E, SLB&M (Canal Creek); (2) Surface
- North 745 feetand East 235 feetfrom the SW Comer of Section 33, T155, R4E, SLB&M (Canal
Creek); (3) Surface - North 2325 feet and West 30 feet from the SE Comer of Section 24,T155,
R3E, SLB&M (Oak Creek); (4) Swface - South 645 feet and West 300 feet from the NE Comer
of Section 26, T155, R3E, SLB&M (Oak Creek); (5) Surface - North 660 feet and West 660 feet
from the S% Corner of Section 20, T155, R4E, SLB&M (Spring Area); (6) Surface - North 132
feet and East 5140 feet from the SW Comer of Section 30, T155, R4E, SLB&M (Canal Creek);
(7) Surface - East 1250 feet from the SW Corner of Section 33, T15S, R4E, SLB&M (Canal
Creek); (8) Surface - South 100 feet and West 140 feet from the NE Corner of Section 33, T15S,
R4E, SLB&M (Oak Creek); (9) Surface - South 660 feet and East 660 feet from the NW Corner
of Section 1, T165, R4E, SLB&M (Oak Creek); (10) Surface - South 1220 feet and East 400 feet
from the NW Corner of Section 1, T165, R4E, SLB&M (Oak Creek); (11) Surface - South 1495
feet and West 2160 feet from the NE Comer of Section 4, T165, R4E, SLB&M (Canal Creek);
(12) Surface - South 180 feet and East 1615 feet from the NW Corner of Section 4, T165, R4E,
SLB&M (Canal Creek); (13) Swface - South 2175 feet and West 1900 feet from the NE Corner
of Section 9, T165, R4E, SLB&M (Canal Creek); (14) Surface - South 345 feet and West 1720
feet from the NE Corner of Section 9, T165, R4E, SLB&M (Canal Creek); (15) Surface - South
2330 feetand East 90 feet from the NW Corner of Section 15, T165, R4E, SLB&M (Canal Creek);
(16) Surface - South 2065 feet and East 440 feet from the NW Corner of Section 15, T165, R4E,
SLB&M (Canal Creek); (17) Surface - South 1070 feet and West 1185 feet from the NE Comer
of Section 16, T165, R4E, SLB&M (Canal Creek), and was rediverted: (1) Surface - North 1459
feet and East 5058 feet from the SW Corner of Section 30, T15S, R4E, SLB&M (pipeline from
regulatory reservoir to sprinkler system). The water has been used for the irrigation of 0.3 acre
from April 1 to October 15 within the service area of Horseshoe Irrigation Company lnc.
Hereafter, it is proposed to divert 0.72 acre-foot of water from a well located South 1150 feet and
East 656 feet from the NW Comer of Section 21, T15S, R4E, SLB&M (existing 6-inch well, 197
feet deep). The water is to be used for the irrigation of 0.09 acre from April 1 to October 31; and
year-round, indoor, domestic sole supply requirements of 1.0 equivalent domestic unit (EDU).
The place of use of the water is being changed to all or portions of Section 21, T15S, R4E,
SLB&M.
Notice of the application was published in the Sanpete Messenger on January 18 and 25,2024.No
protests were received.
I 594 West North Temple, Suite 220, PO Box 146300, Salt Lake City, UT 841 14-6300
telephone [phone]. facsimile [phone] . u'vv'.watenights.utah.gov
ORDER OF THE STATE ENGINEER
Permanent Change Application Number
6s-4s3s (as1 13a)
Page2
Water right 65-4535 is based on 1.0 share of stock in Horseshoe Irrigation Company. A copy of
il;;;i.;;if,;i was provided by the applicant to the Division of water Rights with the change
application on December 29,2023.
Horseshoe Irrigation company and the shareholder have indicated that 1.0 share of stock are to be
dedicated to this upptirutiirr.'stock in the Horseshoe Irrigation Company has been quantified by
the State Engineer ut 0.3 u.r. of irrigation and a diversion of 0.9 acre-foot of water per share' The
number of acres historically inigated would be 0.3 acre (1.0 share x 0'3 acre per share) and the
amount of water potentially divelrted for inigation would be 0.9 acre-foot (3.0 acre-feet/affe x 0'3
acre). The depletion of waier for the historical place of use in Sanpete County is about 86.11Yo or
O.liS acre-fobt (31 inches2 / 12 inches per foot x 0'3 acre)'
Horseshoe Irrigation company requires an agreement to be signed by the shareholder prior to a
change application beini ruUmitt"a. The agreement between the canal company and- the
shareioldei requires the shareholder to install a water meter and provide the records to the State
Engineer. The shareholder, by signing the agreement, warrants and agrees, as part of the proof of
beneficial use of water undei the subject .h*g. application, to retire acreage from inigation as
defined in the heretofore section oi this changa application. As part of the agreement, the
shareholder agrees that 20o/o of the water available to the shares of stock, as determined by the
canal company, will remain in the canal as carrier water'
In evaluating applications, which propose to change the nature of use of a water right, the State
Engineer uetievis 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 amounts of hydrologic depletion:
The application proposes the following uses:
Proposed
Beneficial Use
Irrigation 0.09 acre
Domestic l EDU
Totals
Allowed
Diversion
(acre-foot)
0.27
0.45
0.72
Rate of
Depletion
(Y!)
86.113
20.0
Amount of
Depletion
(acre-foot)
0.232
0.09
0.322
I Share Certificate No. W325
z Consumptive Use of lrrigated Crops in (Jtah, Research Report 145, Utah Agricultual Experiment Station, Utah
State University, Logan, ttun, O.toU"r 1994, Table 25, Moloni Station. The benchmark crop for the referenced
calculation is alfalf4 thsmost typical and consumptive crop evaluated in the study (31 inches or 2.5833 feet' 2'5833
feet / 3.0 feet duty: 86.1l%).
3 lbid
ORDER OF THE STATE ENGINEER
Permanent Change Application Number
6s-4s3s (a51 134)
Page 3
Based on the above analysis, it appears that the proposed uses will not exceed the hydrologic
depletion limitations associated with the historical use'
It is noted that the proposed hereafter well was drilled under Permanent Change Application 65-
4475 (a50390), which was approved for 7.0 EDUs. In addition, the applicant has filed several
permanent change applicationr fo, * additional 7.0 EDUs, which brings the total to 14.0 EDUs
ileing served Uy ttre same well. The proposed development may be subject to requirements per the
Utah Division of Drinking Water.
Review has been made of the proposed changes and the underlying right. It is the opinion of the
State Engineer that this applicuti-or, r* 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 65-4535 (a51134) is
here-by AppROVED subject to prior rights and with the following conditions:
1)No more water may be diverted from the well each year than the
applicant is entitled to under their shares of stock in the Horseshoe
Inigation Company and limited to 0.72 acre-foot annually.
The water that has been historically used in the Horseshoe Irrigation
Company shall be released to minimize the effect on downstream users
and io compensate for any losses which may occur from pumping the
underground water sYstem.
The 1.0 share of stock in the Horseshoe Inigation Company must
remain dedicated to this use of water and maintained in good standing
by the applicants under this application. If you fail to do so, Utah Code
$ 73-3-3.5(12) provides the water company may petition the State
Engineer for an order reversing this approval.
The amount of water diverted by the applicants from the well shall be
limited to 0.0043 cfs or 0.12 acre-foot annually. The water is to be used
for the irrigation of 0.09 acre from April I to october 31; and year-
round, indoor, domestic sole supply requirements of 1.0 EDU.
To accommodate the approval of this permanent change application,
the use of 0.0043 cfs or 0.9 acre-foot of water for inigation of 0.3 acre
from April I to October 15 at the historical points of diversion and
place of use must cease.
3)
4)
2)
s)
ORDER OF THE STATE ENGINEER
Permanent Change Application Number
65-4535(a5113a)
Page 4
6) The applicant shall follow standards as required by the Division of
Drinking Water.
7) 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
exlrcise a water right within the statutory period could render all or a portion of a water right
invalid through forieiture. Parties who wish to challenge the vatidity of a water right are advised
that a declaraiion offorfeiture is ajudicial action and the courts are available to pursue such suits
Otah Code $ 73-l-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.
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 fited on or before March 31.2029, or a request for extension of
time must be acceptably frled 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.
When the work is complete, an Affrdavit of Beneficial Use may be submitted by an applicant
without hiring a proof professional if it qualifies under statute. An affidavit qualifies if all of the
following criteria are met:
. The water right is associated with a residence, either full- or part-time.
(l.tOTE: Any inigation or stock use on the affidavit must be associated
with the residence.)
The water use is for a quarter acre of irrigation or less.
The water use is for the watering of l0 head of livestock (or equivalent)
or less.
a
a
a The water use does not include any uses in addition to the three listed above.
ORDER OF THE STATE ENGINEER
Permanent Change Application Number
65-4s3s (asl 13a)
Page 5
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 pr.p*ed by a registered engineer or land surveyor, who
will certify to the location, uses, and extent of yont water right. Upon the submission of proof as
required by utah code g l'3-3-1'6,for this application, the applicants 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 oi trr" 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 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 aisociated changes, the records of the Division of Water Rights
,no,rta Le 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. 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 coae gg 63G-4-3 oZ, 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
District Court. A Request for Reconsideration must be frled in writing with the State Engineer
within 20 days of the date of this Order. The written request shall be frled in-person, by mail, or
electronicalty. trtne 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 frling for judicial review. A petition for judicial review must be filed within
30 days after the date of ihis 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 ttns / / duy ot-[/dnfu-'2024.
F,, Teresa .E., State Engineer
ORDER OF THE STATE ENGINEER
Permanent Change Application Number
65-4s3s(a5113a)
Page 6
Mailed a copy of the foregoing Order this // day of ///aa,t--,2024to:
Horseshoe Irigation ComPanY
PO Box 319
Spring City, UT 84662
The Bingham LLC
12085 East 18550 North
Mt. Pleasant,UT 84647
Utah Division of Drinking Water
PO Box 144830
Salt Lake city, uT 84114-4830
Division of Water Rights
Water Use Program
BY:
Cannon,Secretary