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Upper Colorado River Basin Current Policy and Issues Utah Division of Water Rights September 2009. Objectives. Review Utah’s apportionment & current use Approved yet undeveloped applications Current water management guidelines
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Current Policy and Issues
Utah Division of Water Rights
Upper Colorado River
Utah’s Apportionment (23%) 1,369,000 AF
Current Depletion 1,007,500 AF
Remaining Depletion 361,500 AF
Approved Applications (Undeveloped)
Applicant Quantity (Ac Ft)
San Juan County WCD 30,000
Central Utah WCD 29,500
Board of W R (et al) 158,000*
Wayne County WCD 50,000*
Kane County WCD 30,000
Sanpete WCD 5,600
Uintah County WCD 5,000
Navajo Nation ? 80,000
Ute Tribe ? 105,000
Navajo Nation have water rights,
the question is how much?
The state engineer shall consider the holding of an approved application by a public water supplier or a wholesale electrical cooperative to meet the reasonable future water or electricity requirements of the public to be reasonable and due diligence in completing the appropriation for the purposes of this section for 50 years from the date on which the application is approved. U.C. 73-3-12(2)(h)
The state engineer may extend the time in which the applicant shall comply with Subsection (2)(a) by setting a date after 50 years from the day on which the application is approved if the applicant:is a public water supplier; or a wholesale electrical cooperative; and provides information that shows the water applied for in the application is needed to meet the reasonable future requirements of the public. The information provided by a public water supplier shall be in accordance with the criteria listed in Subsection 73-1-4(2)(f).
The state engineer shall extend the time in which to file proof by setting a reasonable date after 50 years from the day on which the application is approved if the applicant meets the requirements in Subsection (4)(b); and has constructedworks to apply the water to beneficial use or made substantial expenditures to construct the works.
The reasonable future water requirement of the public is the amount of water needed in the next 40 years by the persons within the public water supplier's projected service area based on projected population growth or other water use demand. A community water system's projected service area is the area served by the community water system's distribution facilities; and expands as the community water system expands the distribution facilities in accordance with Title 19, Chapter 4, Safe Drinking Water Act.
With continued emphasis on development of water within the Colorado River Basin and in an effort to better define and utilize Utah’s allocated portion of the river flow, as set forth in the Upper Colorado River Compact, the following policy is established for the Upper Colorado River Drainage:
4) Change Applications will be considered on their individual merits. Changes involving amounts greater than 0.25 cfs flow will require that the depletion be defined.
5) Change/Exchange Applications will be required for water development in the fully appropriated drainages.
6) Non-consumptive applications may be considered in a non-priority order based on their individual merits and water availability. This pertains to all areas of the Upper Colorado River Drainage Area in Utah.
An application to appropriate water for industrial, power, mining development, manufacturing purposes, agriculture, or municipal purposes may be approved for a specific and certain period from the time the water is placed to beneficial use under the application, but in no event may an application be granted for a period of time less than that ordinarily needed to satisfy the essential and primary purpose of the application or until the water is no longer available as determined by the state engineer. U.C. 73-3-8(2)