Agency: Natural Resources Line Item: Water Rights Function Directed by the State Engineer, the Division is responsible for the administration and management of the State's water resources. The Division's primary workload is the processing of water right applications while managing the existing water rights' records and regulating the diversion and use of water. It also oversees dam safety, stream channel alterations and water well drilling. The Division of Water Rights is the only Division in the Department of Natural Resources that does not have a board. Statutory Authority The following laws govern operations of the Division: - UCA 73-2-1 establishes the position of state engineer and makes him/her responsible for the general administrative supervision of the waters of the state.
- UCA 73-2-14 requires the state engineer to charge fees for various applications and permits. Fees must be kept as dedicated credits and used for advertising the changes applied for, processing applications and hiring employees to assist with processing.
- UCA 73-2-21 authorizes the state engineer to plug or otherwise control artesian wells that are wasting public water. Abandoned wells on public lands may be plugged at the state's expense.
- UCA 73-1-1 states that all waters in the state are public property, with all rights to use them subject to beneficial use.
- UCA 73-1-4 requires waters not put to beneficial use to be subject to having the rights forfeited under certain circumstances.
- UCA 73-1-10 states that water rights are considered real property, though the water itself is not.
- UCA 73-2-25 sets forth the state engineer's enforcement powers.
- UCA 73-3-1 states that no water right may be issued without an application to the state engineer. Water must be used for a beneficial purpose. The doctrine of "first in time, first in rights" is stated.
- UCA 73-3-25 grants authority to regulate and license water well drillers.
- UCA 73-3-29 requires a written approval from the state engineer for any relocation of a natural stream channel.
- UCA 73-3a-104 gives the state engineer power to make rules relating to exporting water out of state.
- UCA 73-5a-106 requires dams to be classified according to hazard and use.
- UCA 73-5a-501 requires the state engineer to inspect hazard dams in increments commensurate with the relative risk, but not less than once every five years.
- UCA 73-5a-503 requires the state engineer, after a dam inspection, to specify what maintenance is necessary to keep the dam in satisfactory condition. The owner is responsible for the maintenance.
Intent Language Under the terms of UCA 63-38-8.1, the Legislature intends not to lapse Item 198, Chapter 1, Laws of Utah 2007. Expenditures of these funds is limited to: Computer Equipment/Software $25,000; Employee Training/Incentives $25,000; Special Projects/Studies $50,000; Water Resources Investigations $50,000. It is the intent of the Legislature that the State Engineer use the $30,000 in new funding provided by this item to expedite the processing of water rights and water right applications. The Legislature intends that the Division of Water Rights monitor the length of time to process an application and the State Engineer report back to the Natural Resources Appropriations Subcommittee during the 2009 General Session. The Legislature intends that the State Engineer may not use funds provided by item 200 of Senate Bill 1, 2008 General Session, to change or implement plans for water use in the Beryl-Enterprise area. The Legislature further intends that the State Engineer shall report to the Executive Appropriations Committee all actions to date in the Beryl-Enterprise area. The Legislature intends that the Department of Natural Resources study water rights issues and report to the Natural Resources, Agriculture, and Environment Interim Committee on or before their October 2008 meeting. Funding Detail As a regulatory agency, the Division is funded almost entirely with General Funds with the following exceptions: - UCA 59-12-103(5) requires that $175,000 (one percent of the $17.5M on the 1/16 percent sales tax earmarked for water projects) be used as dedicated credits for water rights adjudication. This amount is up from the $100,000 required by statute prior to FY 2004. Since the money comes from the sales tax, it is practically General Fund money.
- HB 51 in the 2008 General Session amended UCA 73-2-14 to allow the State Engineer to use fees collected from water right applications to fund the costs of processing applications.
- UCA 59-12-103(5) (f), (g) transfers 6% of the amount of sales tax exceeding the $17.5 million (after the distribution of $500,000 to DNR for watershed and $150,000 to Water Resources for cloudseeding) as dedicated credits to the Division of Water Rights to cover the costs incurred for employing additional technical staff for the administration of water rights. The unexpended dedicated credits over $150,000 lapse to the Water Resources Conservation and Development Fund created in Section 73-10-24.
- The Division collects assessments on the river systems to pay the salaries and expenses of the water commissioners. The Division acts solely as a collection agent and doesn't use any of the funds for other than river system purposes. Neither the funds nor the commissioners are included in this analysis or the appropriations act.
| Sources of Finance | 2005
Actual | 2006
Actual | 2007
Actual | 2008
Actual | 2009
Approp | | General Fund | $5,962,600 | $6,450,600 | $6,869,800 | $7,207,400 | $7,377,300 | | General Fund, One-time | $140,500 | $356,000 | $155,300 | $30,000 | $100,000 | | Federal Funds | $38,800 | $49,800 | $56,100 | $13,300 | $25,600 | | Dedicated Credits Revenue | $321,800 | $325,000 | $962,200 | $1,065,700 | $1,289,800 | | Beginning Nonlapsing | $98,000 | $98,200 | $394,500 | $473,900 | $0 | | Closing Nonlapsing | ($98,200) | ($394,500) | ($497,300) | ($524,700) | $0 | | Lapsing Balance | $0 | $0 | $23,400 | $0 | $0 | | Total | $6,463,500 | $6,885,100 | $7,964,000 | $8,265,600 | $8,792,700 |
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| | Programs: | 2005
Actual | 2006
Actual | 2007
Actual | 2008
Actual | 2009
Approp | | Administration | $543,700 | $704,200 | $914,600 | $879,900 | $845,000 | | Applications and Records | $746,300 | $811,200 | $926,200 | $987,000 | $1,378,300 | | Dam Safety | $612,900 | $650,600 | $699,000 | $671,600 | $748,100 | | Field Services | $809,800 | $1,061,400 | $1,382,400 | $1,393,700 | $1,491,900 | | Cooperative Studies | $617,000 | $418,700 | $508,400 | $473,400 | $430,500 | | Technical Services | $577,900 | $656,300 | $853,700 | $941,000 | $879,300 | | Advertising | $146,800 | $150,000 | $173,400 | $182,600 | $150,000 | | Regional Offices | $2,409,100 | $2,432,700 | $2,506,300 | $2,736,400 | $2,869,600 | | Total | $6,463,500 | $6,885,100 | $7,964,000 | $8,265,600 | $8,792,700 |
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| | Categories of Expenditure | 2005
Actual | 2006
Actual | 2007
Actual | 2008
Actual | 2009
Approp | | Personal Services | $5,075,800 | $5,488,500 | $5,977,100 | $6,460,600 | $7,259,600 | | In-State Travel | $28,200 | $38,600 | $48,400 | $50,500 | $48,400 | | Out of State Travel | $9,900 | $11,300 | $16,600 | $12,400 | $16,600 | | Current Expense | $697,500 | $799,900 | $1,014,600 | $890,500 | $660,000 | | DP Current Expense | $155,000 | $148,800 | $385,400 | $392,100 | $380,200 | | DP Capital Outlay | $0 | $0 | $84,500 | $0 | $0 | | Capital Outlay | $0 | $13,300 | $9,300 | $12,800 | $0 | | Other Charges/Pass Thru | $497,100 | $384,700 | $428,100 | $446,700 | $427,900 | | Total | $6,463,500 | $6,885,100 | $7,964,000 | $8,265,600 | $8,792,700 |
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| | Other Indicators | 2005
Actual | 2006
Actual | 2007
Actual | 2008
Actual | 2009
Approp | | Budgeted FTE | 79.3 | 77.9 | 82.2 | 84.7 | 88.0 |
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Subcommittee Table of ContentsProgram: Administration Function The State Engineer is the Director of the Division and is responsible for management of all activities within the Division. The State Engineer acts in a quasi-judicial capacity. Any decision of the State Engineer may be challenged in court. Included among the responsibilities of this section are setting policy, budget and accounting, personnel issues, public information, legislation and overall office management. Funding Detail | Sources of Finance | 2005
Actual | 2006
Actual | 2007
Actual | 2008
Actual | 2009
Approp | | General Fund | $441,300 | $644,500 | $669,000 | $680,600 | $700,800 | | General Fund, One-time | $102,600 | $356,000 | $112,000 | $0 | $0 | | Dedicated Credits Revenue | $0 | $0 | $0 | $50,400 | $144,200 | | Beginning Nonlapsing | $98,000 | $98,200 | $144,500 | $150,000 | $0 | | Closing Nonlapsing | ($98,200) | ($394,500) | ($10,900) | ($1,100) | $0 | | Total | $543,700 | $704,200 | $914,600 | $879,900 | $845,000 |
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| | Categories of Expenditure | 2005
Actual | 2006
Actual | 2007
Actual | 2008
Actual | 2009
Approp | | Personal Services | $235,600 | $291,000 | $383,800 | $432,000 | $524,900 | | In-State Travel | $1,900 | $5,000 | $5,700 | $4,000 | $5,700 | | Out of State Travel | $3,200 | $2,600 | $5,800 | $5,900 | $5,800 | | Current Expense | $254,000 | $386,100 | $445,000 | $369,200 | $234,500 | | DP Current Expense | $49,000 | $19,500 | $74,300 | $68,800 | $74,300 | | Other Charges/Pass Thru | $0 | $0 | $0 | $0 | ($200) | | Total | $543,700 | $704,200 | $914,600 | $879,900 | $845,000 |
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| | Other Indicators | 2005
Actual | 2006
Actual | 2007
Actual | 2008
Actual | 2009
Approp | | Budgeted FTE | 5.1 | 5.0 | 5.1 | 6.0 | 6.0 |
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Subcommittee Table of ContentsProgram: Applications and Records Function This program's major responsibility is to ensure the viability of the water appropriation process. The program allocates and regulates surface and ground water throughout the state. Un-appropriated water may be allocated, and existing water rights may be transferred. The section processes all applications, which includes receipt, advertising, protests, conducting hearings, and recommending approval or rejection of the applications. This program also processes proof of beneficial use and issues the certificates of beneficial use. All water right files are of public record and are maintained on file and are accessible on the division's web site. Funding Detail | Sources of Finance | 2005
Actual | 2006
Actual | 2007
Actual | 2008
Actual | 2009
Approp | | General Fund | $739,900 | $811,200 | $879,400 | $829,600 | $853,300 | | General Fund, One-time | $6,400 | $0 | ($2,800) | $30,000 | $100,000 | | Dedicated Credits Revenue | $0 | $0 | $0 | $0 | $425,000 | | Closing Nonlapsing | $0 | $0 | $49,600 | $127,400 | $0 | | Total | $746,300 | $811,200 | $926,200 | $987,000 | $1,378,300 |
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| | Categories of Expenditure | 2005
Actual | 2006
Actual | 2007
Actual | 2008
Actual | 2009
Approp | | Personal Services | $711,100 | $769,400 | $897,500 | $961,000 | $1,335,800 | | In-State Travel | $3,900 | $3,800 | $3,300 | $4,000 | $3,300 | | Current Expense | $20,500 | $17,700 | $25,300 | $21,700 | $39,100 | | DP Current Expense | $10,800 | $20,300 | $100 | $300 | $100 | | Total | $746,300 | $811,200 | $926,200 | $987,000 | $1,378,300 |
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| | Other Indicators | 2005
Actual | 2006
Actual | 2007
Actual | 2008
Actual | 2009
Approp | | Budgeted FTE | 15.0 | 16.1 | 16.6 | 17.1 | 18.0 |
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Subcommittee Table of ContentsProgram: Dam Safety Function In 1977 there were several major dam failures in the United States. The Corps of Engineers was mandated by Congress to inventory all dams in the nation and inspect dams that, if they failed, would cause significant loss of property and lives. The State of Utah did its own inventory under contract with the Corps. After the contract ended, the Legislature authorized four FTEs and the Dam Safety program was begun. The program addresses the safety of dams by regulating their construction, repair and long-term maintenance. Plans and specifications are approved, and some 350-400 high-and-moderate-hazard dams are inspected regularly. This section, in cooperation with the Corps of Engineers, also handles stream channel alteration and gold dredging permits. Funding Detail | Sources of Finance | 2005
Actual | 2006
Actual | 2007
Actual | 2008
Actual | 2009
Approp | | General Fund | $569,700 | $600,800 | $673,600 | $674,500 | $707,500 | | General Fund, One-time | $4,400 | $0 | ($1,900) | $0 | $0 | | Federal Funds | $38,800 | $49,800 | $56,100 | $13,300 | $25,600 | | Dedicated Credits Revenue | $0 | $0 | $0 | $0 | $15,000 | | Closing Nonlapsing | $0 | $0 | ($28,800) | ($16,200) | $0 | | Total | $612,900 | $650,600 | $699,000 | $671,600 | $748,100 |
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| | Categories of Expenditure | 2005
Actual | 2006
Actual | 2007
Actual | 2008
Actual | 2009
Approp | | Personal Services | $548,400 | $574,500 | $609,200 | $625,400 | $685,300 | | In-State Travel | $8,200 | $8,300 | $6,900 | $9,700 | $6,900 | | Out of State Travel | $1,600 | $2,700 | $3,600 | $1,000 | $3,600 | | Current Expense | $43,300 | $41,100 | $46,200 | $32,700 | $46,000 | | DP Current Expense | $11,400 | $10,700 | $6,300 | $2,800 | $6,300 | | DP Capital Outlay | $0 | $0 | $17,500 | $0 | $0 | | Capital Outlay | $0 | $13,300 | $9,300 | $0 | $0 | | Total | $612,900 | $650,600 | $699,000 | $671,600 | $748,100 |
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| | Other Indicators | 2005
Actual | 2006
Actual | 2007
Actual | 2008
Actual | 2009
Approp | | Budgeted FTE | 8.0 | 5.9 | 7.0 | 6.8 | 7.0 |
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Subcommittee Table of ContentsProgram: Field Services Function This section covers the following major functions: Distribution, Adjudication and Well Drilling. Distribution In conjunction with the local water users: the Division operates about 45 water distribution systems in the State. Water Commissioners are selected for each system and under the direction of the State Engineer, they are responsible to regulate the diversions and record the quantity of water used. These systems are created and organized, either through a court order or by the State Engineer. Distribution systems are funded through assessments to water users. The Division handles the accounts payable, payroll, and other accounting functions for the systems. Adjudication An adjudication of water rights is an action in a district court to determine the water rights on the source or in the area involved in the action. The State Engineer has the statutory responsibility to prepare a proposed determination of water rights (PDET), which serves as the basis for the court's decree. As part of this effort, a thorough search is made of the Division's records and the County Recorder and Clerk Offices to identify water rights in the area. Hydrographic surveys and field investigations are completed to verify sources of water, points of diversion, and nature of water use, and any surrendered water rights. An evaluation is made of the water right based on the current use of water or the use of water within the recent past (seven years). This programs works with the Attorney General's Office, and the Division pays the salary for 2 attorneys who deal with just adjudication matters. Well Drilling The Division licenses about 150 well drillers and 150 registered operators each year and over sees their work activities. Funding Detail | Sources of Finance | 2005
Actual | 2006
Actual | 2007
Actual | 2008
Actual | 2009
Approp | | General Fund | $629,600 | $886,400 | $885,100 | $982,100 | $1,040,400 | | General Fund, One-time | $5,200 | $0 | ($2,200) | $0 | $0 | | Dedicated Credits Revenue | $175,000 | $175,000 | $812,200 | $727,000 | $451,500 | | Beginning Nonlapsing | $0 | $0 | $0 | $298,800 | $0 | | Closing Nonlapsing | $0 | $0 | ($312,700) | ($614,200) | $0 | | Total | $809,800 | $1,061,400 | $1,382,400 | $1,393,700 | $1,491,900 |
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| | Categories of Expenditure | 2005
Actual | 2006
Actual | 2007
Actual | 2008
Actual | 2009
Approp | | Personal Services | $749,500 | $985,700 | $1,197,500 | $1,301,500 | $1,372,600 | | In-State Travel | $4,500 | $9,200 | $15,400 | $16,100 | $15,400 | | Out of State Travel | $2,000 | $3,400 | $3,800 | $3,600 | $3,800 | | Current Expense | $39,200 | $47,300 | $89,800 | $71,300 | $91,200 | | DP Current Expense | $14,600 | $15,800 | $8,900 | $1,200 | $8,900 | | DP Capital Outlay | $0 | $0 | $67,000 | $0 | $0 | | Total | $809,800 | $1,061,400 | $1,382,400 | $1,393,700 | $1,491,900 |
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| | Other Indicators | 2005
Actual | 2006
Actual | 2007
Actual | 2008
Actual | 2009
Approp | | Budgeted FTE | 10.7 | 13.6 | 16.3 | 17.4 | 18.0 |
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Subcommittee Table of ContentsProgram: Cooperative Studies Function The purpose of this program is to perform studies to better define the water resources of the state considering both water quality and quantity. Water measurements are taken to determine stream flow and reservoir levels and are used to distribute water. Also, in conjunction with the United States Geological Survey (USGS), data is gathered and technical information is published. There are matching funds from the USGS for this program. This data and information is used extensively in the evaluation of whether a water right application should be granted. Funding Detail Pass-through expenditures go to the U.S. Geological Survey, Utah Geological Survey and universities. | Sources of Finance | 2005
Actual | 2006
Actual | 2007
Actual | 2008
Actual | 2009
Approp | | General Fund | $616,500 | $418,700 | $394,600 | $470,500 | $430,500 | | General Fund, One-time | $500 | $0 | ($200) | $0 | $0 | | Beginning Nonlapsing | $0 | $0 | $250,000 | $25,100 | $0 | | Closing Nonlapsing | $0 | $0 | ($136,000) | ($22,200) | $0 | | Total | $617,000 | $418,700 | $508,400 | $473,400 | $430,500 |
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| | Categories of Expenditure | 2005
Actual | 2006
Actual | 2007
Actual | 2008
Actual | 2009
Approp | | Personal Services | $55,800 | $14,800 | $0 | $0 | $2,400 | | In-State Travel | $700 | $0 | $0 | $0 | $0 | | Current Expense | $62,800 | $18,100 | $80,300 | $25,500 | $0 | | DP Current Expense | $600 | $1,100 | $0 | $1,200 | $0 | | Other Charges/Pass Thru | $497,100 | $384,700 | $428,100 | $446,700 | $428,100 | | Total | $617,000 | $418,700 | $508,400 | $473,400 | $430,500 |
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| | Other Indicators | 2005
Actual | 2006
Actual | 2007
Actual | 2008
Actual | 2009
Approp | | Budgeted FTE | 1.0 | 0.0 | 0.0 | 0.0 | 0.0 |
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Subcommittee Table of ContentsProgram: Technical Services Function This program conducts water resource studies for both surface and ground water sources to adequately define the extent and character of the resource and to develop management policies and plans. They also coordinate the Division's databases and computer operations. Funding Detail | Sources of Finance | 2005
Actual | 2006
Actual | 2007
Actual | 2008
Actual | 2009
Approp | | General Fund | $574,000 | $656,300 | $606,400 | $716,300 | $785,200 | | General Fund, One-time | $3,900 | $0 | $58,000 | $0 | $0 | | Dedicated Credits Revenue | $0 | $0 | $0 | $0 | $94,100 | | Closing Nonlapsing | $0 | $0 | $189,300 | $224,700 | $0 | | Total | $577,900 | $656,300 | $853,700 | $941,000 | $879,300 |
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| | Categories of Expenditure | 2005
Actual | 2006
Actual | 2007
Actual | 2008
Actual | 2009
Approp | | Personal Services | $516,500 | $603,200 | $521,200 | $602,900 | $662,600 | | In-State Travel | $1,400 | $2,300 | $3,700 | $4,000 | $3,700 | | Out of State Travel | $400 | $1,800 | $1,300 | $1,300 | $1,300 | | Current Expense | $13,500 | $12,700 | $39,100 | $22,100 | ($71,500) | | DP Current Expense | $46,100 | $36,300 | $288,400 | $310,700 | $283,200 | | Total | $577,900 | $656,300 | $853,700 | $941,000 | $879,300 |
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| | Other Indicators | 2005
Actual | 2006
Actual | 2007
Actual | 2008
Actual | 2009
Approp | | Budgeted FTE | 7.8 | 7.1 | 6.6 | 7.4 | 8.0 |
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Subcommittee Table of ContentsProgram: Advertising Function Applications to appropriate or change the use of water, and related water right actions, must be advertised once per week for two weeks in a local newspaper to give notice to neighboring water users. Advertising costs are paid by fees charged to applicants. This program accounts for the advertising expenditures. Funding Detail | Sources of Finance | 2005
Actual | 2006
Actual | 2007
Actual | 2008
Actual | 2009
Approp | | Dedicated Credits Revenue | $146,800 | $150,000 | $150,000 | $288,300 | $150,000 | | Closing Nonlapsing | $0 | $0 | $0 | ($105,700) | $0 | | Lapsing Balance | $0 | $0 | $23,400 | $0 | $0 | | Total | $146,800 | $150,000 | $173,400 | $182,600 | $150,000 |
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| | Categories of Expenditure | 2005
Actual | 2006
Actual | 2007
Actual | 2008
Actual | 2009
Approp | | Personal Services | $85,000 | $89,000 | $92,500 | $96,900 | $70,000 | | Current Expense | $61,800 | $61,000 | $80,900 | $85,700 | $80,000 | | Total | $146,800 | $150,000 | $173,400 | $182,600 | $150,000 |
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Subcommittee Table of ContentsProgram: Regional Offices Function For the convenience of its clients and to reduce travel costs, the Division operates seven regional offices in six locations. Two (Utah Lake and Weber River areas) are housed in Salt Lake City. Outlying offices of approximately five people each are located in Logan, Price, Richfield, Vernal and Cedar City. Each regional office offers the same services available to customers as the Salt Lake City main office and also performs field work associated with programs administered by the Division. Funding Detail | Sources of Finance | 2005
Actual | 2006
Actual | 2007
Actual | 2008
Actual | 2009
Approp | | General Fund | $2,391,600 | $2,432,700 | $2,761,700 | $2,853,800 | $2,859,600 | | General Fund, One-time | $17,500 | $0 | ($7,600) | $0 | $0 | | Dedicated Credits Revenue | $0 | $0 | $0 | $0 | $10,000 | | Closing Nonlapsing | $0 | $0 | ($247,800) | ($117,400) | $0 | | Total | $2,409,100 | $2,432,700 | $2,506,300 | $2,736,400 | $2,869,600 |
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| | Categories of Expenditure | 2005
Actual | 2006
Actual | 2007
Actual | 2008
Actual | 2009
Approp | | Personal Services | $2,173,900 | $2,160,900 | $2,275,400 | $2,440,900 | $2,606,000 | | In-State Travel | $7,600 | $10,000 | $13,400 | $12,700 | $13,400 | | Out of State Travel | $2,700 | $800 | $2,100 | $600 | $2,100 | | Current Expense | $202,400 | $215,900 | $208,000 | $262,300 | $240,700 | | DP Current Expense | $22,500 | $45,100 | $7,400 | $7,100 | $7,400 | | Capital Outlay | $0 | $0 | $0 | $12,800 | $0 | | Total | $2,409,100 | $2,432,700 | $2,506,300 | $2,736,400 | $2,869,600 |
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| | Other Indicators | 2005
Actual | 2006
Actual | 2007
Actual | 2008
Actual | 2009
Approp | | Budgeted FTE | 31.8 | 30.2 | 30.7 | 30.0 | 31.0 |
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Subcommittee Table of Contents |