Proof of Beneficial Use
When a Change Application, Application to Appropriate or Exchange Application is filed the State of Utah generally gives the applicant five (5) years to file Proof of Beneficial Use (proof). After the five years the applicant must demonstrate to the State that they have placed the water to beneficial use the way that they proposed to do in the application.
In most cases (see info on Affidavits of Beneficial Use below) proof requires a Professional Engineer or Surveyor to visit the ground where the water is being used to obtain flow measurements, a survey of the ground and a GPS location of the point(s) of diversion. All this information obtained is then mapped and put onto the proper forms and then submitted to the State of Utah. The State of Utah then reviews all of the documents and if everything is correct issues a Certificate of Beneficial Use.
Riley Water Consulting helps many water right owners submit Proof of Beneficial Use each year and follows through with the State to ensure that a Certificate of Beneficial Use is submitted. Often times applicants haven’t placed their water to full beneficial use, in which case the options are laid out and discussed in depth with the water right owners. For more information on Proofs of Beneficial Use see http://www.waterrights.utah.gov/proofs/default.asp.
Affidavit of Beneficial Use
As of May 12, 2009, applications with one residence, a quarter acre of irrigation or less and ten head of livestock or less don’t need to hire a Professional Engineer or Surveyor and can file an Affidavit of Beneficial Use. More information can be found here http://www.waterrights.utah.gov/proofs/proofaffidavit.asp.
Subdivision Proofs
Currently the State of Utah allows proofs to be filed on subdivisions that haven’t completely been placed to beneficial use. Applications that have been filed for subdivision purposes, including domestic, irrigation, livestock watering, and light commercial or light industrial uses can have proof filed on them and certification issued by the State Engineer, even if all of the uses haven’t been placed to full beneficial use. More information can be found here http://www.waterrights.utah.gov/proofs/subdiv.pdf.