Utah Administrative Code
Topic - Natural Resources
Title R655 - Natural Resources, Water Rights
Rule R655-15 - Administrative Procedures for Distribution Systems and Water Commissioners
Section R655-15-5 - Distribution Systems
Universal Citation: UT Admin Code R 655-15-5
Current through Bulletin 2024-18, September 15, 2024
(1) To achieve the purposes set forth in Section 73-5-3, the State Engineer:
(a) Shall create a
Distribution System when ordered by the district court: or
(b) May create a Distribution System when the
State Engineer determines that a Distribution System is necessary as a result
of:
(i) Investigations initiated by the
Division; or
(ii) A request
submitted by water users with sufficient supporting information.
(2) As authorized in Section 73-5-1, the State Engineer shall:
(a) Designate by
geographical or political boundary, or other suitable criteria, the water
rights that shall be included in the Distribution System; and
(b) Determine whether one or more
Commissioners are required to regulate and distribute water according to the
water rights included in the Distribution System.
(3) To establish a new Distribution System, the State Engineer shall consult with the water users who would potentially be included within the system in accordance with Section 73-5-1. The State Engineer shall:
(a) Provide timely notice to
water users shown on the records of the Division as owning water rights within
the proposed Distribution System.
(b) Hold a public meeting to:
(i) Inform the water users of the
justifications for the Distribution System, the boundaries or the Proposed
Distribution System, the water rights that would be regulated within the
Distribution System, and the estimated costs of operating a Distribution
System;
(ii) Explain the State
Engineer's purposes, policies, and procedures regarding Distribution Systems;
and
(iii) Receive comments from the
water users regarding the justifications for a Distribution System and the
other information presented at the meeting. The State Engineer may allow
comments to be received after the meeting. The period of time for submitting
comments will be set at the meeting.
(c) Hold an organizational meeting or
meetings to:
(i) Establish a Committee or
select a Distribution System Chair;
(ii) Prepare an operational budget for the
Distribution System;
(iii)
Establish a method of calculating assessments; and
(iv) Receive a recommendation(s) regarding
the appointment of a Commissioner(s) and, if necessary, one or more Deputy
Commissioners.
(d) Issue
an Order of the State Engineer establishing the Distribution System. The Order
shall be issued to all water users within the Distribution System and shall set
forth:
(i) The organization of the
Distribution System;
(ii) The
method of calculating assessments; and
(iii) Any other information required for the
effective operation of the Distribution System.
(e) Appoint one or more Commissioners and/or
Deputy Commissioners;
(f) Establish
and maintain a system of distribution accounts that shall be the basis for
making assessments to the water users in the Distribution System.
(4) To modify the extent, organizational structure, or any other aspect of a Distribution System the State Engineer shall:
(a) Provide timely
notice to each water user shown on the Division's records as being responsible
for a Distribution Account included in the Distribution System; and
(b) In accord with said notice, schedule and
hold a Distribution System meeting to:
(i)
Explain the State Engineer's findings and conclusions regarding the proposed
modifications;
(ii) Receive
comments regarding the proposed modifications to the Distribution System. The
State Engineer may allow comments to be received after the meeting. The period
of time for submitting comments will be set at the meeting.
(c) Issue an Order of the State
Engineer modifying the Distribution System. The Order shall be delivered to all
water users within the modified Distribution System and shall describe the
modifications made to the Distribution System.
(5) The State Engineer may determine, based on an investigation or other pertinent information, that an established Distribution System is no longer necessary to achieve the purposes set forth in Section 73-5-3. To dissolve a Distribution System, the State Engineer shall:
(a) Provide timely notice to the water users
included in the Distribution System;
(b) In accord with said notice, schedule and
hold a Distribution System meeting to:
(i)
Explain the State Engineer's findings and conclusions regarding the dissolution
of the Distribution System;
(ii)
Receive comments regarding the dissolution of the Distribution System. The
State Engineer may allow comments to be received after the meeting. The period
of time for submitting comments will be set at the meeting.
(c) Relieve the Commissioner of
responsibilities and authority regarding the regulation and distribution of
water;
(d) Retire any outstanding
financial obligations of the Distribution System and return any funds
pertaining to the Distribution System remaining in the Water Commissioner Fund
to the water users on a pro-rata basis according to the assessments paid over
the previous five years;
(e) Take
custody of all records maintained by the Distribution System; and
(f) Take custody of all equipment, vehicles
and other physical assets accumulated in the operation of the Distribution
System, said assets to be disposed in a manner consistent with pertinent
statute or other regulation.
(g)
Issue to all water users within the Distribution System an Order of the State
Engineer dissolving the Distribution System.
(6) A Distribution System consists of the following parties:
(a) The State
Engineer;
(b) One or more
Commissioners and any appointed Deputy Commissioners;
(c) A Committee or Distribution System Chair;
and
(d) The water users.
(7) The composition, authority, duties and responsibilities of the parties identified immediately above are described in the following sections.
Disclaimer: These regulations may not be the most recent version. Utah may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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