Natural Resources, Water Resources

Rule R653-8

Flaming Gorge Water Right Assignment

Notice of Proposed Rule

(Repeal)

DAR File No.: 36038
Filed: 04/06/2012 10:03:31 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule establishes the priorities and procedures for assigning Water Right No. 41-3479 (A30414d), owned by the Board of Water Resources, to water users in the Colorado River drainage area. The water right has been transferred and is being put to use. The Board of Water Resources no longer owns or holds title to the water right; therefore this repeal is no longer needed and is repealed.

Summary of the rule or change:

This rule is repealed in its entirety.

State statutory or constitutional authorization for this rule:

• Section 73-10-6

Anticipated cost or savings to:

the state budget:

There is no cost associated with the repeal of this rule because the water right has already been transferred, with no fee of any kind.

local governments:

There is no cost associated with the repeal of this rule because the water right has already been transferred, with no fee of any kind.

small businesses:

There is no cost associated with the repeal of this rule because the water right has already been transferred, with no fee of any kind.

persons other than small businesses, businesses, or local governmental entities:

There is no cost associated with the repeal of this rule because the water right has already been transferred, with no fee of any kind.

Compliance costs for affected persons:

There is no cost associated with the repeal of this rule because the water right has already been transferred, with no fee of any kind.

Comments by the department head on the fiscal impact the rule may have on businesses:

The repeal of this rule will have no fiscal impact on any business, public or private organization, or governmental entity.

Michael Styler, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Natural Resources
Water ResourcesRoom 310
1594 W NORTH TEMPLE
SALT LAKE CITY, UT 84116-3154

Direct questions regarding this rule to:

• Barbara Allen at the above address, by phone at 801-538-7232, by FAX at 801-538-7279, or by Internet E-mail at [email protected]

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

05/31/2012

This rule may become effective on:

06/08/2012

Authorized by:

Michael Styler, Executive Director

R653. Natural Resources, Water Resources.

[R653-8. Flaming Gorge Water Right Assignment.

R653-8-1. Purpose.

This rule establishes the priorities and procedures for assigning portions of water right No. 41-3479 (A30414d) owned by the Board of Water Resources. The Board of Water Resources has determined that it is in the best interest of the state to assign portions of this water right to those entities qualifying under the provisions of this rule. Any political subdivision of the state, agency of the federal government, or nonprofit water company may apply as provided herein.

 

R653-8-2. Definitions.

(1) "Board" means the Board of Water Resources.

(2) "Division" means the Utah Division of Water Resources.

(3) "Political subdivision" means any county, city, town, improvement district, metropolitan water district, water conservancy district, special service district, or any other entity constituting a political subdivision under the laws of Utah.

 

R653-8-3. Priority Policy.

(1)(a) The Board shall give preference to applications according to the following prioritized order of proposed uses:

(i) Proposed water uses involving public health, safety, and welfare;

(ii) Political subdivisions requesting water rights for municipal and industrial water uses required to meet existing or future (approximately 30 years) reasonable requirements;

(iii) Agricultural water projects providing a significant economic benefit to a local community. Supplemental water supplies for agricultural lands are given priority over full water supplies for new irrigation land; and

(iv) Applications submitted for a private development located outside the boundaries, or proposed boundaries, of a political subdivision that provides municipal and industrial water service. The application must be accompanied by a letter from the county commission of each county where the proposed place of use is located supporting the proposed development and request for water.

(b) Notwithstanding the priorities prescribed in Subsection (a), the Board reserves the right to approve or deny any application in the interest of the state or any other prudent or rational basis.

(2) The Board will not accept applications for:

(a) a mining or gravel pit operation;

(b) a private development located within the boundaries of a

political subdivision that provides water service; or

(c) a private development located outside the boundaries, or proposed boundaries, of a political subdivision that provides municipal and industrial water service unless the county commission of each county where the proposed place of use is located sends a letter supporting the proposed development and request for water.

 

R653-8-4. Administrative Procedures.

(1) The Board will send a public notice announcing it will accept applications for its Flaming Gorge Water Right through July 1, 1998. The Board reserves the right to accept applications after that date if additional water becomes available.

(2) The Board will not act on any application until division staff has investigated each of the applications received and submitted reports and recommendations to the Board for its consideration. The Board will act on the applications after July 1, 1998.

(3) Each approved application, except those for political subdivisions, shall be granted for up to a three year completion period, within which time the applicant must complete the project and file the proof of appropriation with the State Engineer.

(4) Approved applications shall be limited to:

(a) a diversion amount of water approved under the application by the Board; and

(b) a depletion amount as determined by division staff in consultation with the State Engineer.

(5) Upon approval of an application, the Board shall file with the State Engineer a segregation application and the applicant shall file any necessary change application. The applicant shall have no right to use the water until the applications are approved by the State Engineer.

(6) Prior to the expiration of the completion period set by the Board, the Board may, upon a written request, extend the assignment application by a period of time not to exceed two years.

(7) Failure to complete the project and file proof with the State Engineer before the end of the completion period set by the Board, shall automatically cause the approved assignment application to lapse and the assigned water right to revert back to the Board.

 

KEY: water policy, water development*

Date of Enactment or Last Substantive Amendment: March 23, 1998 Notice of Continuation: December 4, 2007

Authorizing, and Implemented or Interpreted Law: 73-10-26]