FY 2016 Appropriation

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 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. Part of this funding is used to pay the division to handle 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 oversees their work activities.

Funding History

Funding Issues

Canal Safety Amendments, HB 370 (2014 GS)

This request is to provide funding for HB 370 (2014 GS) for the remaining three years. The fiscal note stated that it "could cost the Division of Water Rights $130,000 per year from the General Fund for FY 2015, FY 2016, and FY 2017 to complete the inventory list of water conveyance systems..." The division only got funding for FY 2015, and they are now requesting the funding for FY 2016.

Water Rights Adjudication

Funding for additional staff for the judicial system to speed up the adjudication process.
Appropriation Overview

During the 2015 General Session, the Legislature appropriated for Fiscal Year 2016, $2,108,200 from all sources for Field Services. This is a 39 percent increase from Fiscal Year 2015 revised estimated amounts from all sources. The total includes $905,800 from the General/Education Funds, an increase of 115.5 percent from revised Fiscal Year 2015 estimates.

Appropriation Adjustments

In addition to statewide compensation and internal service fund cost increases, the following appropriation adjustments were made during the 2015 General Session:

DescriptionOngoingOne-Time Canal Safety Amendments, HB 370 (2014 GS)$0$130,000
OngoingOne-TimeFinancing Source
$0$130,000General Fund, One-time
This request is to provide funding for HB 370 (2014 GS) for the remaining three years. The fiscal note stated that it "could cost the Division of Water Rights $130,000 per year from the General Fund for FY 2015, FY 2016, and FY 2017 to complete the inventory list of water conveyance systems..." The division only got funding for FY 2015, and they are now requesting the funding for FY 2016.
Water Rights Adjudication$438,000$0
OngoingOne-TimeFinancing Source
$438,000$0General Fund
Funding for additional staff for the judicial system to speed up the adjudication process.

Intent Language

HB0003: Item 108

Under the terms of 63J-1-603 of the Utah Code, the Legislature intends that appropriations provided for the Division of Water Rights in Item 16, Chapter 5, Laws of Utah 2014, shall not lapse at the close of FY 2015. Expenditures of these funds are limited to: Computer Equipment/Software $40,000; Adjudication $50,000, Special Projects/Studies $150,000; Employee Incentive/Training $30,000, Equipment/Supplies $50,000, Current Expense $30,000.


SB0002: Item 155

The Legislature intends that the Division of Water Rights work with the Office of the Legislative Fiscal Analyst to realign its appropriations unit structure to better match its operations.


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COBI contains unaudited data as presented to the Legislature by state agencies at the time of publication. For audited financial data see the State of Utah's Comprehensive Annual Financial Reports.