Utah Admin. Code R655-5-3 - When Maps Must Be Submitted

3.1 The requirement of filing maps may be waived, if in the opinion of the State Engineer, the written application or proof adequately describes the location of the point of diversion, the diverting works, the location of the place of beneficial use, and the nature and extent of beneficial use.

3.2 Application maps must be submitted with applications for new appropriations showing the parcel of land, the proposed place of beneficial use, and the proposed point of diversion.

3.2.1 Application maps are not required for applications for new appropriations filed by mutual irrigation companies, the federal government, state agencies, municipalities, water conservancy districts, special service districts, and qualifying water companies that serve subdivisions. However, if a map is not submitted, the application must include a description of the service area where the water is proposed to be used.

3.3 Application maps must be submitted with change applications on both perfected and pending water rights. The map must show the parcel of land and the place of beneficial use where the water was previously used. If the change application is filed on a water right where the beneficial use requirement is excused under Subsection 73-3-8(6)(c)(ii), no map of the heretofore place of use will be required. The applicant shall provide information as to which excuse is being used to excuse the nonuse of water and may be required to provide a map of the historical place of use. The map must also show the proposed parcel of land, place of beneficial use, and point of diversion.

3.3.1 Application maps of the heretofore place of use will not be required on change applications if the previous use was also occurring pursuant to the water right and within the defined place of use for water rights owned by mutual irrigation companies, the federal government, state agencies, municipalities, water conservancy districts, special service districts, and qualifying water companies that serve subdivisions. Application maps showing the hereafter place of use will be required only of mutual irrigation companies and qualifying water companies serving subdivisions. The mapping requirement for mutual irrigation companies and qualifying water companies serving subdivisions may be waived if the State Engineer determines the written description of the hereafter place of use is sufficiently clear.

3.4 An application map must be submitted with each temporary change application or application for temporary appropriation, this includes fixed time applications. The map shall show the proposed point of diversion, the parcel of land, and the place of beneficial use. For temporary and fixed time change applications, the map shall also show the parcel of land and the place of beneficial use where the water was previously used.

3.4.1 For temporary change applications on mutual irrigation company water shares, the State Engineer may waive the mapping requirements for the heretofore or the hereafter place of beneficial use. The determination to allow a waiver will be based on the State Engineer's evaluation of the facts described in the temporary change application.

3.5 Application maps must be submitted with an application to exchange water showing the parcel of land, the place of beneficial use, and the proposed point of diversion.

3.6 Maps are required when a proof is submitted on an approved Application to Appropriate Water, approved Application for Permanent Change of Water, or an approved Application to Exchange Water. The proof map must show the specific point of diversion, the place of beneficial use, and the extent of use. The proof map shall also clearly show any specific information required in the approval of the application or information necessary to make clear the manner in which water is diverted, measured, conveyed, and used.

3.6.1 Proof maps are not required on water rights issued for municipal uses unless the State Engineer determines that the written description inadequately describes the location of the point of diversion, the diverting works, the location of the place of beneficial use, or the nature and extent of beneficial use.

3.7 Maps shall accompany the Diligence Claim showing the specific location and area where the water was first diverted, conveyed, and placed to beneficial use.

Notes

Utah Admin. Code R655-5-3

Adopted by Utah State Bulletin Number 2024-01, effective 12/14/2023