The URL can be used to link to this page

Home My WebLink AboutDDW-2024-007386ORDER OF THE STATE ENGINEER Permanent Change Application Number 3s-4250 (a5t22r) Page 7 UTAH DIVISION OF DRINKING WATER PO BOX 144830 SALT LAKE CITY UT 84114-4830 APR 2 6 2024 l. 23"':f Ei"r:.r'irc$ndd Arafilyt$rrurxld0filfigIItrr D State of Utah DEPARTMENT OF NATURAL RESOURCES Division of Water Rignts SPENCER J. COX Governor DEIDREM. HENDERSON Lieutenant Governor JOEL FERRY Executive Director TERESA WILHELMSEN S late Engineer/Div ision D irector ORDER OF THE STATE ENGINEER For Permanent Change Application Number 35-4250 (a51221) Permanent Change Application Number 35-4250 (a5l22l) in the name of Hooper Water Improvement District was filed on January 18,2024, to add points of diversion for the use of 6516.0 acre-feet of water as evidenced by Water Right Numbers 35-4250,35-4803, and 35-4950. Heretofore, the water has been diverted from the following points located: (1) Well - North 2354 feet and East 154 feet from the SW Corner of Section 1 1, T5N, R2W, SLB&M (20-inch well, 500- 1200 feet deep); (2) Well - South 496 feet and West 800 feet from the N% Corner of Section 22, T5N, R2W, SLB&M (20-inch well, 500-1200 feet deep); (3) Well - North 330 feet and West 211 feet from the S% Corner of Section 18, T5N, R2W, SLB&M (20-inch well, 500-1200 feet deep); (a) Well - South 385 feet and East 1399 feet from the W% Comer of Section 22, T5N, R2W, SLB&M (20-inch well, 500-1200 feet deep); (5) Well - South 118 feet and East 1584 feet from the NW Comer of Section 11, T5N, R2W, SLB&M (20-inch well, 860 feet deep); (6) Well - North 980 feet and West 600 feet from the SE Corner of Section 16, T5N, R2W, SLB&M (16-inch well, 810 feet deep); (7) Well - South 210 feet and West 675 feet from the Et/+ Comer of Section 30, T5N, R2W, SLB&M (I2-inch well, 800 feet deep). The water has been used for year-round municipal purposes within the service area of Hooper Water Improvement District. Hereafter, it is proposed to divert 6516.0 acre-feet of water from the same points as heretofore and from additional points located: (1) Well - North 314 feet and East 519 feet from the S% Corner of Section 18, T5N, R2W, SLB&M (20-inch well, 500-1500 feet deep); (2) Well - North 253 feet and West 420 feet from the CT Comer of Section 17, T5N, R2W, SLB&M (20-inch well, 500- 1500 feet deep). The nature of use of the water will remain the same as heretofore. The place of use of the water will remain the same as heretofore. Notice of the application was published in the Standard Examiner on February 15 and 22,2024 No protests were received. Previously approved Permanent Change Application Number 35-4250 (a36297) imposed quantifications and conditions. Those conditions are preserved in this order and summarized below: The change quantified the volumetric allowance ofthe three water rights on this application was 6,516 acre-feet.1 Because the underlying rights only historically had an assigned flow rate, it was determined that this volumetric quantity would be allowed until such time that proof is due and a more accurate volume provided. t 9.0 cubic feet per second * 1.98347 acre-feet per cubic foot per second per day * 365 days per year : 6,515.70 acre- feet. 1594 West North Temple, Suite 220, PO Box 146300, Salt Lake City, UT 841 l4-6300 telephone (801) 538-7240. facsimile (801) 538-7467. vww.waterights.utah.gov 29006 ORDER OF THE STATE ENGINEER Permanent Change Application Number 35-42s0 (a5r22t) Page2 a a The change imposed a restriction related to limiting the allowable flow diversion from Hooper Water Improvement District's 4000 South well (well number 5 in the first paragraph). The restriction is that the point of diversion referred to as the "4000 South well" has a maximum flow limit of 6.0 cubic feet per second (cfs). This condition will be imposed on this application as well. The change recognized the diversion of the first 4,150 acre-feet based on the respective priority dates of the underlying water rights and assigns a priority date of April 7, 2005 to the remaining2,366 acre-feet approved under the change. o The change preserved a condition from Permanent Change Application Number 35-4250 (a15a18) that required certain provisions relating to the testing of aquifer conditions. It is the opinion of the State Engineer that this change application can be approved without adversely affecting existing rights if conditions are met. 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, ORI)ERED and Permanent Change Application Number 35-4250 (a51221) is hereby APPROVED subject to prior rights and the following conditions: 1) This application is limited to the diversion of 9.0 cfs and 6,516 acre feet annually. 2) This application is limited to the diversion of 4,150 acre-feet annually with priority dates as currently identified in the underlying water rights. Furthermore, this approval provides for the diversion of an additional2,366 acre-feet with an assigned priority date of April 7,2005. 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)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 oftheir usage under this application. Upon the submission of proof as required by Utah Code $ 73-3-16,for this application, the applicant 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 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. The 4000 South well (identified as heretofore Well 5 above; located South 118 feet and East 1584 feet from the NW Comer of Section 1 1, T5N, R2W, SLB&M) shall be limited s) ORDER OF THE STATE ENGINEER Permanent Change Application Number 35-42s0 (as122t) Page 3 to a maximum pumping rate of 6.0 cfs' 6) per condition of approval No. 1 of Change Application Number 35-4250 (a15418), a pump test for the purpose of determining aquifer characteristics shall be conducted by u q"Ain.a, licensed, professional engineer at the applicant's expense. The procedure for this tesi must be approved by the State Engineer 30 days prior to performing this test. Based on the r"rrrltr of this test the State Engineer may restrict water producing horizons or withdrawals to protect existing rights. All wells within a 1500 feet radius shall be monitored as part of this test. 7) Whereas this Change Application has been filed to entirely replace and supersede prior approved Change epptication Number 35-4250 (a36297), with this approval that prior application is considered to have been WITHDRAWII' 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 riEfrt wittrin the statutory period could render all or a portion of a water right invaiid through forfeiture. Parties who wish to challenge the validity of a water right are advised that a declaration offorfeiture is ajudicial 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 compinsation 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 applicant is strongly cautioned that other permits may be required before any development of ttris apptication can Uegin and it is the responsibility of the applicant to determine the applicability of and ucquisition of such permits. Onoe 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 andl3-Z-lZ must be diligently prosecuted to completion. The water must be put to beneficial use and proof must be filed on or before April 30. 2034, or a request for extension of time must be acceptably filed 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 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 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 identifr every source of *ut r 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. ORDER OF THE STATE ENGINEER Permatrent Change Application Number 3s-4250 (a51221) Page 4 Failure on yo1y 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 ownershi!-of their *ui"" 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 ,no"ta 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 Weber River/Western 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 Rights and to Utah Code g$ 63G-4-3 02,63G-4-402, and73-3-14 which provide for filing either a nequest for Reconsideration with the State Engineer or for judicial review with the appropriate Oistrict Court. A Request for Reconsideration must be filed in writing with the State Engineer within 20 days of the date of this Order. The wriuen request shall be filed in-person, by mail, or electronically. If the request is filed electronically it shall be submitted to: waterrights@utah'gov, 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 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=_-llday of 2024 /"- w P.E., State Engineer OJ-,Y ORDER OF THE STATE ENGINEER Permanent Change Application Number 3s-4250 (as122r) Page 5 Mailed a copy of the foregoing Order tnt 2 3 Auy Hooper Water Improvement District PO Box 217 Hooper UT 84315 Utah Division of Drinking Water PO Box 144830 Salt Lake City, UT 84114-4830 Utah Division of Water Quality PO Box 144870 Salt Lake City, UT 84114-4870 Division of Water fughts Water Use Program Division of Water fughts Well Drilling Program c/o Jim Goddard, Coordinator ( of 2024 to: BY:fr*"A -yt Dl-_- Doralee Cannon, Applications/Records Secretary /