H.B. 34 Enrolled

1

WATER STORAGE PROJECTS
2 2010 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Michael E. Noel
5 Senate Sponsor: Stephen H. Urquhart
6
7 LONG TITLE
8 General Description:
9 This bill amends provisions of Title 73, Water and Irrigation, to address proof and
10 certification of water storage projects.
11 Highlighted Provisions:
12 This bill:
13 . establishes the proof requirements for a surface water storage facility constructed
14 by a public water supplier;
15 . establishes a certificate requirement for a surface water storage facility constructed
16 by a public water supplier; and
17 . makes technical changes.
18 Monies Appropriated in this Bill:
19 None
20 Other Special Clauses:
21 None
22 Utah Code Sections Affected:
23 AMENDS:
24 73-3-16, as last amended by Laws of Utah 2008, Chapter 311
25 73-3-17, as last amended by Laws of Utah 2008, Chapter 311
26
27 Be it enacted by the Legislature of the state of Utah:
28 Section 1. Section 73-3-16 is amended to read:
29 73-3-16. Proof of appropriation or permanent change -- Notice -- Manner of

30 proof -- Statements -- Maps, profiles, and drawings -- Verification -- Waiver of filing --
31 Statement in lieu of proof of appropriation or change.
32 (1) Sixty days before the date set for the proof of appropriation or proof of change to
33 be made, the state engineer shall notify the applicant by mail when proof of completion of the
34 works and application of the water to a beneficial use [will be] is due.
35 (2) On or before the date set for completing the proof in accordance with the
36 application, the applicant shall file proof with the state engineer on forms furnished by the
37 state engineer.
38 (3) Except as provided in Subsection (4), the applicant shall submit the following
39 information:
40 (a) a description of the works constructed;
41 (b) the quantity of water in acre-feet or the flow in second-feet diverted, or both;
42 (c) the method of applying the water to beneficial use; and
43 (d) (i) detailed measurements of water put to beneficial use;
44 (ii) the date the measurements were made; and
45 (iii) the name of the person making the measurements.
46 (4) (a) (i) On applications filed for appropriation or permanent change of use of water
47 to provide a water supply for state projects constructed pursuant to Title 73, Chapter 10, Board
48 of Water Resources - Division of Water Resources, or for federal projects constructed by the
49 United States Bureau of Reclamation for the use and benefit of the state, any of its agencies,
50 its political subdivisions, public and quasi-municipal corporations, or water users' associations
51 of which the state, its agencies, political subdivisions, or public and quasi-municipal
52 corporations are stockholders, the proof shall include:
53 [(i)] (A) a statement indicating construction of the project works has been completed;
54 [(ii)] (B) a description of the major features with appropriate maps, profiles, drawings,
55 and reservoir area-capacity curves;
56 [(iii)] (C) a description of the point or points of diversion and rediversion;
57 [(iv)] (D) project operation data;

58 [(v)] (E) a map showing the place of use of water and a statement of the purpose and
59 method of use;
60 [(vi)] (F) the project plan for beneficial use of water under the applications and the
61 quantity of water required; and
62 [(vii)] (G) a statement indicating what type of measuring devices have been installed.
63 [(b)] (ii) The director of the Division of Water Resources shall sign proofs for the state
64 projects and an authorized official of the Bureau of Reclamation shall sign proofs for the
65 federal projects specified in Subsection (4)(a).
66 (b) Proof on an application for appropriation or permanent change for a surface
67 storage facility in excess of 1,000 acre-feet constructed by a public water supplier to provide a
68 water supply for the reasonable requirements of the public shall include:
69 (i) a description of the completed water storage facility;
70 (ii) a description of the major project features and appropriate maps, profiles,
71 drawings, and reservoir area-capacity curves as required by the state engineer;
72 (iii) the quantity of water stored in acre-feet;
73 (iv) a description of the water distribution facility for the delivery of the water; and
74 (v) the project plan for beneficial use of water including any existing contracts for
75 water delivery.
76 (c) The completed proof shall conform to rules established by the state engineer.
77 (5) The proof on all applications shall be sworn to by the applicant or the applicant's
78 appointed representative and proof engineer.
79 (6) (a) Except as provided in Subsection (6)(b), when filing proof, the applicant shall
80 submit maps, profiles, and drawings made by a Utah licensed land surveyor or Utah licensed
81 professional engineer that show:
82 (i) the location of the completed works;
83 (ii) the nature and extent of the completed works;
84 (iii) the natural stream or source from which and the point where the water is diverted
85 and, in the case of a nonconsumptive use, the point where the water is returned; and

86 (iv) the place of use.
87 (b) The state engineer may waive the filing of maps, profiles, and drawings if in the
88 state engineer's opinion the written proof adequately describes the works and the nature and
89 extent of beneficial use.
90 (7) The completed proof shall conform to rules and standards established by the state
91 engineer.
92 (8) In those areas in which general determination proceedings are pending, or have
93 been concluded, under Title 73, Chapter 4, Determination of Water Rights, the state engineer
94 may petition the district court for permission to:
95 (a) waive the requirements of this section and Section 73-3-17 ; and
96 (b) permit each owner of an application to file a verified statement to the effect that
97 the applicant has completed the appropriation or change and elects to file a statement of water
98 users claim in the proposed determination of water rights or any supplement to it in
99 accordance with Title 73, Chapter 4, Determination of Water Rights, in lieu of proof of
100 appropriation or proof of change.
101 (9) This section does not apply to an instream flow water right authorized by Section
102 73-3-30 .
103 Section 2. Section 73-3-17 is amended to read:
104 73-3-17. Certificate of appropriation -- Evidence.
105 (1) Upon it being made to appear to the satisfaction of the state engineer that an
106 appropriation, a permanent change of point of diversion, place or purpose of use, or a fixed
107 time change authorized by Section 73-3-30 has been perfected in accordance with the
108 application, and that the water appropriated or affected by the change has been put to a
109 beneficial use, as required by Section 73-3-16 or 73-3-30 , the state engineer shall issue a
110 certificate, in duplicate, setting forth:
111 (a) the name and post-office address of the person by whom the water is used;
112 (b) the quantity of water in acre-feet or the flow in second-feet appropriated;
113 (c) the purpose for which the water is used;

114 (d) the time during which the water is to be used each year;
115 (e) the name of the stream or water source:
116 (i) from which the water is diverted; or
117 (ii) within which an instream flow is maintained;
118 (f) the date of the appropriation or change; and
119 (g) other information that defines the extent and conditions of actual application of the
120 water to a beneficial use.
121 (2) [Certificates] A certificate issued on [applications for] an application for one of the
122 following types of projects need show no more than the facts shown in the proof submitted
123 under Section 73-3-16 :
124 (a) projects constructed according to Title 73, Chapter 10, Board of Water Resources -
125 Division of Water Resources[, and for the];
126 (b) federal projects constructed by the United States Bureau of Reclamation, referred
127 to in Section 73-3-16 [, need show no more than the facts shown in the proof.]; and
128 (c) a surface water storage facility in excess of 1,000 acre-feet constructed by a public
129 water supplier.
130 (3) A certificate under this section does not extend the rights described in the
131 application.
132 (4) Failure to file proof of appropriation or proof of change of the water on or before
133 the date set therefor shall cause the application to lapse.
134 (5) One copy of a certificate issued under this section shall be filed in the office of the
135 state engineer and the other shall be delivered to the appropriator or to the person making the
136 change who shall, within 30 days, cause the same to be recorded in the office of the county
137 recorder of the county in which the water is diverted from the natural stream or source.
138 (6) The certificate issued and filed under this section is prima facie evidence of the
139 owner's right to the use of the water in the quantity, for the purpose, at the place, and during
140 the time specified therein, subject to prior rights.