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Bureau of Land Management John Mann, P. E. Assistant State Engineer November 16-17, 2010

APPLICATION PROCESS. Bureau of Land Management John Mann, P. E. Assistant State Engineer November 16-17, 2010. WATER RIGHTS BACKGROUND. WATER: PUBLIC PROPERTY PRE-LEGISLATION RIGHTS POST-LEGISLATION RIGHTS STATUTES, RULES AND POLICIES WEBSITE http://waterrights.utah.gov.

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Bureau of Land Management John Mann, P. E. Assistant State Engineer November 16-17, 2010

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  1. APPLICATION PROCESS Bureau of Land Management John Mann, P. E. Assistant State Engineer November 16-17, 2010

  2. WATER RIGHTS BACKGROUND • WATER: PUBLIC PROPERTY • PRE-LEGISLATION RIGHTS • POST-LEGISLATION RIGHTS • STATUTES, RULES AND POLICIES • WEBSITE http://waterrights.utah.gov

  3. WATER RIGHTS OVERVIEW • During 2006-2007, the State Engineer • Issued Orders On: • 1053 Applications to Appropriate • 1440 Change Applications • 1267 Extension Requests • Held Hearings on 111 applications • Received 823 Proofs • Issued 546 Certificates of Beneficial Use

  4. WATER RIGHTS ACCESS • PUBLIC RECORDS • SEARCH AND LIST PROGRAMS • E-MAIL NOTIFICATION

  5. APPLICATION PROCESS

  6. APPLICATION PROCESS

  7. APPLICATION PROCESS

  8. APPLICATION FORMS • AVAILABILITY • REQUIRED INFORMATION • ASSISTANCE

  9. APPLICATION PROCESS

  10. FILING AN APPLICATION • BY MAIL OR VISIT • FEE REQUIRED • ESTABLISHES INITIAL PRIORITY • PLACED ON NEW FILING LIST

  11. ADVERTISING DESIGNATION • NEWSPAPER WITH LOCAL CIRCULATION • REGIONAL OFFICE ACTION • WAIVING ADVERTISING

  12. ADVERTISING PERIOD • PERMANENT FILINGS • TEMPORARY FILINGS • NOTICES DRAFTED BY DIVISION • PROOF OF PUBLICATION

  13. PROTESTS • FILED BY INTERESTED PARTIES • MUST PROVIDE RELEVANT RIGHT NUMBER • TIMELINESS • PROTESTANT INFORMATION

  14. HEARINGS • Generally Held Locally • Usually Informal Proceedings • May Be Waived

  15. REGIONAL OFFICE REVIEW • EXAMINE ALL AVAILABLE INFORMATION • CONSIDER PROTEST CONCERNS • RECOMMEND ACTION

  16. RECOMMENDED ACTIONS • APPROVAL • REJECTION • DEFERRAL

  17. APPLICATION PROCESS

  18. APPLICATIONS/RECORDS SECTION REVIEW • COMPLETENESS, ACCURACY AND CONSISTENCY • LEGAL COUNSEL • FINAL DRAFT

  19. STATE ENGINEER’S ACTION • REVIEWS FINAL DRAFT • SIGNED ORDERS SENT TO ALL PARTIES • APPROVALS LISTED ON INTERNET • REJECTIONS TERMINATE FILINGS • SCANNED DOCUMENTS ON WEBSITE

  20. TWENTY-DAY RECONSIDERATION PERIOD • REQUEST CHANGES TO ORDER • PARTIES WITH LEGAL STANDING • MUST BE TIMELY • IF GRANTED, ORDER IS RESCINDED • IF DENIED, ORDER REMAINS IN PLACE

  21. THIRTY-DAY APPEAL PERIOD • APPEAL TO DISTRICT COURT • PARTIES WITH LEGAL STANDING • MUST BE TIMELY • JUDGE CAN UPHOLD, DENY, OR AMEND THE ORDER • UTAH SUPREME COURT

  22. APPLICATION PROCESS

  23. APPROVED APPLICATION • DUE DATE FOR BENEFICIAL USE • SIXTY-DAY NOTICE • PROOF DOCUMENTS • REQUEST FOR MORE TIME • TIMELY SUBMISSION OR APPLICATION LAPSES • PERMANENT LAPSING

  24. EXTENSION REQUEST • FORMS AND FEES • ADVERTISING AFTER FOURTEEN YEARS • REVIEW AND RECOMMENDATION • GRANTED OR DENIED • RECONSIDERATION AND/OR APPEAL

  25. PROOF OF BENEFICIAL USE • FORMS • PROFESSIONAL PREPARATION • REVIEWED BY REGIONAL OFFICE • AMENDMENTS • ACCEPTED OR REJECTED

  26. CERTIFICATION • STATE ENGINEER’S REVIEW AND SIGNATURE • ISSUED ON SAME DAY AS SIGNED • RECORDING • RECONSIDERATION AND APPEAL

  27. BENEFICIAL USE • CONTINUED USE AS AUTHORIZED • AMENDMENTS BY CHANGE APPLICATION • PROLONGED NON-USE

  28. WATER RIGHT SUGGESTIONS • VALUABLE ASSET • KEEP GOOD RECORDS • MAINTAIN UP-TO-DATE ADDRESSES AND OWNERSHIP

  29. Well interference If the cones of depression for two or more wells overlap, there is said to be well interference.This interference reduces the water available to each of the wells.

  30. WELL INTERFERENCE WELL INTERFERENCE

  31. Water Balance • Recharge • Precipitation • Runoff • Return flow from irrigation • Discharge • Evapotranspiration • Underflow • Wells

  32. QUESTIONS?

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