Changes 101 on Storage Right to Use Water (S) Storage Right (R) - PowerPoint PPT Presentation

Location of Stored Water Changes

101 on Storage Right to Use Water (S) Storage Right (R) • Primary Right source of water source of water (stream or well) (reservoir , stream or well) use purpose for which the water is being stored the duty (acre-feet) and rate of volume (acre-feet )that may be stored diversion (cfs) the priority date the priority date point of diversion point of diversion (sometimes) place of use the location of the area to be submerged / location of the reservoir n/a the name of the reservoir, the dam location (if a dam exists) when water may be used when water may be diverted for storage (sometimes) (sometimes)

Storage Primary R Right: S-Place To store water for of Use irrigation Secondary S Right: To use stored water for Irrigation

Storage Right

DOJ Advice • Primary right is a right to store water • Secondary right is the right to use water • Transfer statutes specify that water “uses” are subject to transfer  Conclusion: In general, WRD does not have authority to approve transfers to primary storage rights

101 on Storage Right to Use Water (S) Storage Right (R) • Primary Right source of water source of water (stream or well) (reservoir , stream or well) use purpose for which the water is being stored the duty (acre-feet) and rate of volume (acre-feet )that may be stored diversion (cfs) the priority date the priority date point of diversion point of diversion (sometimes) place of use the location of the area to be submerged / location of the reservoir n/a the name of the reservoir, the dam location (if a dam exists) when water may be used when water may be diverted for storage (sometimes) (sometimes)

101 on Transfers Injury means a proposed transfer would result in another, existing water right not receiving previously available water to which it is legally entitled. Enlargement means an expansion of a water right and includes, but is not limited to: • (a) Using a greater rate or duty of water per acre than currently allowed under a right; • (b) Increasing the acreage irrigated under a right; • (c) Failing to keep the original place of use from receiving water from the same source; or • (d) Diverting more water at the new point of diversion or appropriation than is legally available to that right at the original point of diversion or appropriation.

Scenarios to Consider • Modifications to footprint of reservoir • On-stream and Off-Stream • Downstream and Upstream • Making “from” reservoir bigger or smaller • Making“to reservoir” bigger or smaller • To reservoir: new or existing? • Size of reservoir

T-7181

Correcting a Scrivener’s Error T -7181

Example T-7619 • 3.60 AF

T-10582 (Location, POD, and Use)

Correcting the Footprint of Reservoir No Change in POD, Changes to Edges of Reservoir Reservoir on Water Right Actual Reservoir Footprint Before Change Ex. 1 S S T T R R E E A A M M Ex. 2

Location Change within the Same Taxlot: Off-channel and Same POD After Change S T R E A M Prior to Change

Location Change On-channel Ex. 1 Ex. 2 After Prior to Change Change S S T T R R E E A A M M After Prior to Change Change

Location Change On-Stream to Off- Stream • EX 1. 1. After Upstream Change • Ex. 2 No Prior to S S 2. After T POD T Change Change R R change E E A A M M • Ex. 3 3. After Downstream Change

Location Change Off-Stream to On- Stream • EX 1. 1. After Change Upstream • Ex. 2 No S 2. After S Prior to T T POD Change Change R R E change E A A M M • Ex. 3 3. After Downstream Change

Move Portion of Stored Water in Reservoir #1 to Existing Reservoir #2 • Move water to reservoir downstream Before After S S T T R R E E A A M M After Before

Move Portion of Stored Water in Reservoir #1 to Existing Reservoir #2 • Move water to reservoir upstream After Before S S T T R R E E A A M M Before After

Move Portion of Stored Water in Reservoir #1 to Existing Reservoir #2 Ex. 1 Ex. 2 On-Channel Res. Res. #2 #1 Res. #2 Res. #1 Before After After Before S S S S T T T T R R R R E E E E A A A A M M M M Res. #2 Res. #1 Res. Res. #2 Before After #1 Before After

Move Portion of Stored Water in Reservoir #1 to New Reservoir #2 Ex. 1 On-Channel Ex. 2 On-Channel Res. Res. #2 #1 Res. #1 After After Before S S S S T T T T R R R R E E E E A A A A M M M M Res. #1 Res. Res. #2 Before #1 After After

Size Differences • Size of the reservoir – Pond storing 1 AF – Reservoir storing 300,000 AF • Proportion of the reservoir transferred – All of a reservoir to a new site • Moving 1 AF • Moving 300,000 AF – A portion of the reservoir to a new site • Moving 1AF or 100 AF of a 300,000 AF reservoir • Moving 150,000 AF of a 300,000 AF reservoir

Transfer W-115