Utah Administrative Code
Topic - Natural Resources
Title R655 - Natural Resources, Water Rights
Rule R655-16 - Administrative Procedures for Declaring Beneficial Use Limitations for Supplemental Water Rights
Section R655-16-7 - State Engineer Review and Evaluation
Universal Citation: UT Admin Code R 655-16-7
Current through Bulletin 2024-18, September 15, 2024
(1) If a Declaration is filed with the State Engineer:
(a) The State Engineer shall review
the Declaration for consistency with the water right information contained in
the State Engineer's records.
(b)
If the Declaration is inconsistent with the water right information contained
in the State Engineer's records, it will be returned without further action to
the Water Right Holder who submitted the Declaration with an explanation of the
inconsistencies.
(c) If there is
reason to believe the Declaration is consistent with the State Engineer's
records, the State Engineer shall update the water right records of all water
rights listed in the Declaration, consistent with the Beneficial Use Amounts
included in the Declaration. With the update, a memo documenting the Beneficial
Use declarations shall be placed on the file of each affected water
right.
(2) A Water Right Holder may request, in writing to the State Engineer, a review of the State Engineer's Water Right Database entries and the State Engineer's Water Right Files related to a Water Use Group.
(a) Such
a request is not a request for agency action pursuant to Chapter 63G-4 because
the review shall be limited to a determination as to whether the State
Engineer's Water Right Database entries are consistent with the State
Engineer's Water Right Files for the water rights in the Water Use
Group.
(b) A request for a records
review filed pursuant to this rule shall set forth a statement as to how the
submitter believes the State Engineer's Water Right Database should be modified
to be consistent with the State Engineer's Water Right Files for the water
rights in the Water Use Group.
(c)
The State Engineer shall complete a review of the Water Rights Database and the
Water Right Files within a reasonable time from receipt of the written request
and shall notify the requester in writing when the review has been
completed.
(d) A copy of the State
Engineer's reply to the request for a records review shall be placed on the
water right file for each water right in the Water Use Group
reviewed.
(3) The State Engineer may modify Water Use Group records at any time to resolve errors, deficiencies, or ambiguities. With the modification, a memo documenting the change in the Water Use Group shall be placed on the file of each affected water right.
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