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Water Rights - A Moving Target

Wednesday, November 21, 2012 - 10:30am
Jim Mackley
Girl Under Waterfall, Photo Courtesy of Crystal Hot Springs

 

Water use is recognized as a property right in Utah, and locally it’s a moving target.  In unincorporated South Willard, in Box Elder County, a culinary water project administered by the Bear River Water Conservancy District is underway.   In this case, the water rights are held by the Conservancy.  Also, a private irrigation project to be potentially administered by South Willard Water Company is being studied through a feasibility study. There are high hopes for development on one hand and concerns with duplicate costs to some residents on the other.  According to Terrell Grimley of the Pine View Water System, the US Bureau of Reclamation holds those water rights and the Ogden – Brigham City Canal Organization administers the distribution of the water.

 

In an interview with Ted (Dean) at the State Division of Water in Logan, the Sentinel was told that water rights are really a “stewardship” of water use protected by the State.   In Utah and by its law, water use is protected as “first in time” means first in right to use.    However, there are several principles involved.  Some of these are that: water is like real property in that “rights can be bought and sold”; water “pertains” to specific land; water “cannot be hoarded”; “some of the water that falls from the sky” may legally be collected; and care must be taken not to infringe on our neighbor’s use of water or cause him “harm” by our use of water.   There are only a few areas left where new or untapped sources of water can be assigned to a new use.  

 

Utah keeps track of the specific uses of certain sources of water, and who was the first to use the water, where the water is used, who is currently using the water, and how much water each water right user consumes.  These are the specifics of water rights.