Appropriation PolicyEscalante River Drainage

Kurt VestRegional Engineer

Division of Water Rights

Prior Appropriation DoctrineMain Features

• Divert water to beneficial use.

• Priority date.

• First in time, first in right.

• Loss of right.

Basic Definitions

• All water in the state is property of the public (73-1-1).

• Beneficial use shall be the basis, the measure, and the limit of all rights to the use of water in the state (73-1-3).

Establishing a Water Right

• Diligence Claim.– Surface water uses prior to 1903.

• Underground Water Claim.– Ground-water uses prior to 1935.

• Court Decreed.

• Applications to Appropriate filed with State Engineer.

Approval Criteria (73-3-8)

• Unappropriated water in source.

• Will not impair existing rights.

• Physically and economically feasible.

• Not monopolistic / speculation.

• In the public interest / welfare.

• Will not unreasonably effect the natural stream environment or public recreation.

WaterAppropriation

Policy

Appropriation Policy

• Colorado River Policy (March 7, 1990)

• Domestic filings, – One Family– Irrigation of 1/4 acre, – 10 heads of livestock (1.73 acre-feet), – Equivalent amount for other uses

• Closed area (surrounding Escalante Town)

The only restriction in the 97-area has been to exclude that

portion described as “the developed agricultural areas where applications are being

held”.

On January 25, 1996, a memorandum was issued

specifying the boundary of that excluded area.

Closed Area

Hydrology• Recharge

– Precipitation

– Runoff

– Return flow from irrigation• Discharge

–Evapotranspiration

–Underflow

–Springs

–Seepage to Rivers

–Wells

Studies

• 1969 (Goode) Reconnaissance Appraisal of Water Resources near Escalante

• 1976 (DWRe) Hydrologic Inventory of the Escalante River Basin

• 1986 (Blanchard) Ground-Water Conditions in the Kaiparowits Plateau Area

Area

Geologic Cross Section

Navajo Sandstone

Carmel Formation

Entrada Sandstone

Alluvium

(Goode 1969)

Escalante Local 1

TownRiver

Escalante Local 2

TownRiverMoratorium Boundary

Escalante Local 3

TownRiverMoratorium Boundary

Hydrographic Boundary

Escalante Local 4

TownRiverMoratorium Boundary

Hydrographic Boundary

Escalante Local 5Surface Points of Diversion

Underground Points of Diversion

TownRiverMoratorium Boundary

Hydrographic Boundary

Water Right Information

Area Point of Diversion Source

Surface & Underground 719 22,192 13,144

Underground 73 1,449 629

Surface & Underground 130 2,955 1,590

Underground 37 530 224

Diversion (acft) Depletion (acft)

Hydrographic Drainage

Escalante Moratorium

Num. Water Rights

Thank YouComments – July 31th

Utah Division of Water Rights

PO Box 146300

Salt Lake City UT 84114-6300

www.waterrights.utah.gov