DDW-2024-007384

DState 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 Engineer/ D iv is i on D ir e cto r
I.PR 17 ?I?!,
&.ottuiurmcHAlary
Dfidsion d&inErytk -
Permanent Change Application Number 5l-2106 (a51081) in the name of Utah County was filed
on December 6,2023,1o change the points of diversion, place of use, and uses of 0.019 cubic foot
per second of water as evidenced by Water Right Numbers 5l-2106, 5l-2107, 5l-2215, and 51-
22L6. Heretofore, the water has been diverted from the following points located: (1) Well - North
1310 feet and West 1828 feet from the SE Corner of Section 1, T8S, R2E, SLB&M (2-inch, 186
feet deep); (2) Well - North 1345 feet and West 2605 feet from the SE Corner of Section 1, T8S,
R2E, SLB&M (2-inch, 186 feet deep); (3) Well - North 1565 feet and West 2450 feet from the SE
Corner of Section l, T8S, R2E, SLB&M (6-inch, 100-200 feet deep); (a) Well - North 1430 feet
and West 2635 feet from the SE Corner of Section 1, T8S, R2E, SLB&M (2-inch, 115 feet deep).
The water has been used for the irrigation of 0.25 acre from April I to October 31 and inigation
of 0.25 acre from March 1 to November 30; year-round, indoor, domestic requirements of 1.0
equivalent domestic unit (EDU); and year-round stockwatering of 64.0 equivalent livestock units
(ELUs) in cattle, horses, or equivalent species. The water has been used in all or portion of Section
I, T8S, R2E, SLB&M.
Hereafter, it is proposed to divert 4.24 acre-feet of water from a well located North 1675 feet and
East263 feet from the S% Comer of Section 1, T8S, R2E, SLB&M (2-inch, 180 feet deep). The
water is to be used for year-round municipal purposes within the service area of Utah County. The
place of use of the water is being changed to all or portion of Section 1, T8S, R2E, SLB&M.
Notice of the application was published in the Daily Herald on January 4 and 7I,2024.No protests
were received.
The application was originally advertised with clerical errors that do not prejudice the rights of
others. The legal location description of the singular replacement well for Water Right Numbers
5l-2106,51-2107, artd 51-2215 was correctly stated on the Well Abandonment Log for Water
Right Number 5l-2106, but incorrectly stated on the Well Abandonment Logs for Water Right
Numbers 51-2107 afi 5l-2215. The incorrect legal descriptions were further perpetuated in
Permanent Change ApplicationNumber 5l-2106 (a51081) causing an effor in the listed heretofore
points of diversion. The water rights database did not accurately reflect the well abandonment
process that occurred in 2002 for Water Right Numbers 5l-2106, 5l-2107, and 5l-2215. These
clerical errors have since been corrected. Utah Code $ 73-3-6(1)(c) provides clerical errors,
ambiguities, and mistakes that do not prejudice the rights of others may be corrected by Order of
the State Engineer either before or after the publication of notice.
In evaluating applications that 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
1594 West North Temple, Suite 220, PO Box 146300, Salt Lake City, UT 841 l4-6300
telephone [phone] . facsimile [phone] . www.v,aterrights.urah.gov
ORDER OF THE STATE ENGINEER
For Permanent Change Application Number 51-2106 (a51081)
25000
D
ORDER OF THE STATE ENGINEER
Permanent Change Application Number
sl-2106 (a51081)
PageZ
Dept. of Envxunmenfid AtaffiY
Division of Bink!ru \ifabr
Depletionl
(acre-feet)
enlargement of the underlying water right. In this case, it is beiieved that the historicai water uses
would have incurred the ioUowing rates and amounts of hydrologic depietion. The table below
also summarizes the contribution of each water right number to this change application:
Water Right
Number
Beneficial Beneficial
Use (ELUs) Use (acres)
Beneficiai
Use (EDUs)
Diversion
(acre-feet)
5l-2106
5t-2107
51-2215
5r-2216
64
0.0
0.0
0.0
0.2s
0.0
0.0
0.25
1.0
0.0
0.0
0.0
3.24
0.0
0.0
1.00
2.474
0.0
0.0
0.565
Totals 64 0.50 1.0 4.24 3.012
This change application proposes to divert water for municipal purposes for Utah County. It
appears this change can be made provided certain precautions are observed'
On November 15, 1995, the Utah/Goshen Valley groundwater management plan (hereafter Plan)
was implemented by the State Engineer. The intent of the Plan is to provide specific management
guidelines under the statutory provisions of Title 73 of the Utah Code. This change meets the
conditions set forth by the plan to be considered for approval'
In evaluating the various elements of the underlying rights, it is not the intention of the State
Engineer to idjudicate the extent of these rights, but rather to provide sufficient definition of the
rigf,ts to ensure that other vested rights are not impaired by the change and/or no eniargement
occurs.
It is, therefore, ORI)ERED and Permanent Change Application Number 5l-2106 (a51081) is
hereby APPROVED subject to prior rights and the following conditions:
1)Water use under this approval shall be timited to the maximum annual
diversion allowance of 4.24 acre-feet of water for municipal use with
an associated maximum annual depletion allowance of 3.012 acre-feet
of water for year-round municipal use. The applicant shall maintain
records demonstrating the depletion allowance is not being exceeded.
1 Consumptive Use of lrrigated Crops in (Jtqh, Research Report 145, Utah Agficultural Experiment Station, Utah
State University, Logan, UJah, October 1994,Table25, Spanish Fork Power House Station. The benchmark crop for
the referenced calculation is alfalfa, the most typical and consumptive crop evaluated in the study (27.07 inches or
2.26 feet.2.26 fe.et I 4.0 acre-feet duty : 56.5%).
D
ORDER OF THE STATE ENGINEER
Permanent Change Application Number
sr-2106 (as 1081)
Page 3
APR 1 7 ?O:i,
Deot. of Environmental A4
Olvislon of Drinking Waf
2) To accommodate the approval of this permanent change application,
the diversion of 0.019 cubic foot per second of water to be used for the
inigation of 0.25 acre from April 1 to October 31 and the irrigation of
0.2, acre from March 1 to November 30; year-round, indoor, domestic
requirements of 1.0 EDU; and year-round stockwatering of 64.0 ELUs
in cattie, horses, or equivalent species at the historical point of
diversion and place of use must cease.
3)The applicant shall install and maintain measuring and totaiizing
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) AII wells used as public water supply wells are regulated by the Utah
Division of Drinking Water. Plans for the construction of new wells
must be reviewed and approved by the Division of Drinking Water
prior to any drilling or construction activity being commenced. The
ipproval of this water right application does not constitute approval of
the well for use as a public water supply by the Division of Drinking
Water. Applicants are advised to contact the Division of Drinking
water at 801-536-4200 to review applicable standards and for
information about approval of a source of supply for public use.
5) Inasmuch as this change application leaves the historical wells
without a valid water right, the historical wells must be
permanently abandoned and sealed according to the requirements
of R655,4-14 of The Administrative Rules for Water Well Drillers
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 vaiidity 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 deueed 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
D: -.'t .nl .
i-i-.'. --' ,*
ORDER OF THE STATE ENGINEER
Permanent Change Application Number
5r-2106 (a5l08l)
Page 4
Dept. of Envtronmerhl AuaUtY
Division of Drinkig lildr
and73-3-12 must be diligently prosecuted to completion. The water must be put to beneficial use
and proof must be frled on or before April 30. 2031, or a request for extension of time must be
acceptably filed and subsequently approved; otherwise, the application will be lapsed. This
approual is limited to the rights to divert and beneficially use water and does not grant any rights
o? a"..ss 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 aregistered 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-l6,for this application, the applicant rnust identify every source of
*ut., used under this application and the amount of water used from that source. The proof must
also show the capacity of tt " 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 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
rno"ta 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 Utah Lake/Jordan River 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
fughts and to Utah Code S$ 63G-4-3 02,63G-4-402, andl3-3-14 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 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 judicial review. A petition for judicial review must be frled 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
Permanent Change Application Number
sr-2t06 (a51081)
Page 5
Dated this /b day of
Mailed a copy of the fbregoing
Utah County
2855 South State Street
Provo UT 84606
Utah Division of Drinking Water
PO Box 144830
Salt Lake City, UT 84114-4830
Division of Water Rights
Water Use Program
2024.
Dept. of Envrionmental Quality
Division of Ddnking Water
L
BY
State Engineer
Doralee C annon, ApplicationslRecords S ecretary
l-;
//o day of 2024 to:
ORDER OF THE STATE ENGINEER
Permanent Change Application Number
5l-2106 (a51081)
PageT
UTAH DIVISION OF DRINKTNG WATER
PO BOX 144830
SALT LAKE CITY UT 84114-4830
APR 1 i 202t
Dept of Environrnerild QnlitY
Division of Binldg lthbr
D