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

Location of Stored Water Changes

101 on Storage

• Primary Right

Right to Use Water (S) Storage Right (R)

source of water (reservoir , stream or well) source of water (stream or well) use purpose for which the water is being stored the duty (acre-feet) and rate of diversion (cfs) volume (acre-feet )that may be stored 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 (sometimes) when water may be diverted for storage (sometimes)

Storage

Primary R Right: To store water for irrigation Secondary S Right: To use stored water for Irrigation

S-Place

• f Use

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

• Primary Right

Right to Use Water (S) Storage Right (R)

source of water (reservoir , stream or well) source of water (stream or well) use purpose for which the water is being stored the duty (acre-feet) and rate of diversion (cfs) volume (acre-feet )that may be stored 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 (sometimes) when water may be diverted for storage (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

Reservoir on Water Right Before Change Actual Reservoir Footprint

No Change in POD, Changes to Edges of Reservoir S T R E A M S T R E A M

• Ex. 1
• Ex. 2

Location Change within the Same Taxlot: Off-channel and Same POD

S T R E A M

Prior to Change After Change

Location Change On-channel

• Ex. 1
• Ex. 2

S T R E A M

Prior to Change After Change

S T R E A M

Prior to Change After Change

Location Change On-Stream to Off- Stream

• EX 1.

Upstream

• Ex. 2 No

POD change

• Ex. 3

Downstream

S T R E A M

Prior to Change

• 1. After

Change

S T R E A M

• 2. After

Change

• 3. After

Change

Location Change Off-Stream to On- Stream

• EX 1.

Upstream

• Ex. 2 No

POD change

• Ex. 3

Downstream

S T R E A M

Prior to Change

S T R E A M

• 2. After

Change

• 3. After

Change

• 1. After

Change

Move Portion of Stored Water in Reservoir #1 to Existing Reservoir #2

Before

After

S T R E A M S T R E A M

Before After

• Move water to reservoir downstream

Move Portion of Stored Water in Reservoir #1 to Existing Reservoir #2

• Move water to reservoir upstream

Before

After

S T R E A M S T R E A M

Before After

Move Portion of Stored Water in Reservoir #1 to Existing Reservoir #2

• Ex. 1

S T R E A M S T R E A M

• Res. #2

Before Res. #1 After

• Res. #1

Before

• Ex. 2 On-Channel
• Res. #2

After

S T R E A M S T R E A M

• Res. #2

Before Res. #1 After

• Res. #1

Before

• Res. #2

After

Move Portion of Stored Water in Reservoir #1 to New Reservoir #2

• Ex. 1 On-Channel

S T R E A M S T R E A M

• Res. #2

After Res. #1 After

• Res. #1

Before

• Ex. 2 On-Channel

S T R E A M S T R E A M

• Res. #2

After Res. #1 After

• Res. #1

Before

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