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State water officials present proposed determination for Provo City North water rights

January 11, 2025 | Utah Water Rights, Utah Department of Natural Resources, Offices, Departments, and Divisions, Organizations, Utah Executive Branch, Utah


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State water officials present proposed determination for Provo City North water rights
Christopher Stallard, engineering manager in the Utah Division of Water Rights' Adjudication section, told a public meeting Jan. 9 that the division published a proposed determination for the Provo City North subdivision on Dec. 19, 2024, and that anyone who objects must file with the court within 90 days — by March 19, 2025.

The proposed determination (PD) is the division’s comprehensive record of investigated claims in the Provo City North area (referred to in the booking nomenclature as area 55, book 7). It organizes water rights by source and priority date, provides detailed descriptions of each water right (owner of record, point of diversion, place and period of use, measured quantities), lists rights found forfeited for nonuse, and includes an alphabetical index. Hydrographic survey maps published with the PD show mapped irrigated polygons linked to water-use group numbers.

Why it matters: the adjudication process consolidates existing surface- and groundwater claims under Utah Code Title 73, Chapter 4, establishes priority dates for competing uses, and can identify rights or portions of rights subject to forfeiture under Utah’s nonuse rules. Stallard said the process aims to produce a final comprehensive court decree that clarifies the nature and extent of water rights in the drainage.

Key details from the presentation
- Publication and deadline: the PD was filed with the court and published Dec. 19, 2024; the 90-day objection period ends March 19, 2025. "I did emphasize again the objection date that we do need them to be in with the court by March 19th 2025," Stallard said.
- How the PD is organized: priority schedules by source (showing flow rates in cubic feet per second or annual volumes in acre-feet), followed by itemized descriptions for each water-right number (owner of record, ownership interest if any, source, priority date, point of diversion using PLSS coordinates, beneficial uses and water-use group numbers, period and place of use, and acreage totals). The PD also contains a forfeited-rights list and an alphabetical owner index.
- Hydrographic survey maps: an 18-page set of maps accompanies the PD to show locations of mapped irrigation polygons and the water-right numbers tied to those polygons.
- Legal context and priority dates: Stallard explained that surface-water prior appropriation in Utah recognizes priority dates back to 1903 for certain claims (often called diligence claims) and that for underground water the relevant historical date is 1935; the 1921 Provo River decree and the 1894 Rock Canyon decree are also noted in the PD where applicable.
- Forfeiture and partial reductions: when asked whether the quantity printed in the PD is the full original entitlement, Stallard said the PD generally lists what the division concluded is the right as investigated. "The short answer is yes, but it depends a bit on if we investigated the right and we determined that some portion of it had not been used in 7 years, it could have been subject to partial forfeiture," he said. He added that the PD itself shows fully forfeited rights on the forfeiture list but does not display partial forfeiture adjustments; those are described in the state engineer’s recommendation memos sent to affected owners.

How to object and where to find materials
Stallard reviewed where to access the PD and hydrographic survey maps (links were provided during the meeting and on mailed notices to recorded owners, claimants, registered agents and counsel of record). He emphasized that objections must include the civil case number and be filed with the court by March 19, 2025. Hard copies of the PD are available from the division for a fee. Stallard and Chase McDonald, assistant state engineer for adjudication, offered contact information and staff assistance for owners who want help locating their entries or reviewing investigation memos.

Public question and staff response
A resident asked whether the volume listed in the PD is the original established amount. Stallard repeated that the PD should list the current amount found by the investigation but reiterated the caveat about partial forfeiture and noted that the division sends memos explaining field findings to affected right holders. He said staff can pull up individual rights for owners at the meeting or by contact afterward.

What the division did not decide at the meeting
No formal court decisions, votes, or final decrees were issued at the meeting; the session was informational and to accept questions. Stallard noted that any objections filed will need to be resolved before a final decree is entered by the court.

Next steps and contact
The division will post the recorded meeting on its YouTube channel and maintain online links to the PD and hydrographic survey maps. Stallard and Chase McDonald provided phone and email contact information for follow-up assistance and for parties who want the division to locate specific water-right entries or review investigation memoranda.

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