NINE MILE CREEK - AREA 90

Updated: May 18, 2007

DESCRIPTION:        This area stretches from the southernmost part of Duchesne County, across eastern Carbon County and into northeastern Emery County.  It lies atop the West Tavaputs Plateau from T11S to T17S on the west side of the Green River.  The major stream in this area is Nine Mile Creek in the northern part of the area.  This area is bordered on the north by the Uinta Basin, on the east by the Green River, and on the south and west by the Price River drainage.  The highest point in the area is 10,285 foot Bruin Point in the Book Cliffs, while the lowest is where the Green River exits the area at about 4,230 feet, giving a total relief of about 6,055 feet.  Click here to see a map of the area.

MANAGEMENT:     Two Proposed Determination of Water Rights books were compiled for the Central and Southern Units and published in 1964, when it was part of the 47 area.  No final decree has been issued.  There are two other court decrees in this area, the 1900 Argyle Creek Decree and the 1903 Minnie Maude Creek Decree.  A slice of land along the eastern boundary is part of the Uintah and Ouray Indian Reservation and negotiations are underway with the Ute Tribe to determine the water rights granted under federal treaties and legal cases.  There are no state-administered distribution systems in this area. A special policy was adopted for Argyle Creek Canyon on May 18, 2007 and is incorporated herein by reference. Click here to see statistics for the 90 area.

The Nine Mile Creek (90) area is part of the Colorado River basin. Conditions of the 1922 Colorado River Compact, the 1944 Mexican Treaty and the 1948 Upper Colorado River Compact and the State Engineer's Colorado River Policy apply. Applications to appropriate or change water are subject to conditions dealing with Green River Endangered Species Protection.

SOURCES:
SURFACE WATER - Surface waters of the area are considered to be fully appropriated except for isolated springs.  New diversions and consumptive uses in these sources must be accomplished by change applications filed on owned or acquired rights.  Non-consumptive, uses such as hydroelectric power generation, would be considered on the merits of each application.  Some water is available for larger amounts on a temporary (annual) or fixed-time basis.  Fixed-time periods are generally limited to five years.

GROUND WATER - There are some limited ground-water resources available.  Permanent applications for isolated springs and underground water are generally limited to sufficient acre-foot amounts to serve the domestic purposes of one family, the irrigation of one acre, and a reasonable amount of stockwatering in areas where water is not available from a municipal or subdivision supply.  Change applications altering the source from surface to underground, or vice versa, are considered on their individual merits, with emphasis on their potential to interfere with existing rights and to ensure that there is no enlargement of the underlying rights.  Fixed-time and temporary applications are evaluated in a similar fashion.  Applicants are placed on notice that development should be pursued as soon as possible, and requests for extensions of time in which to file proof will be critically reviewed after an initial five year period.

GENERAL:                Applications are advertised in the Sun Advocate in Price.  The general irrigation diversion duty for this area, which the State Engineer uses for evaluation purposes, is 4.0 acre-feet per acre per year.  The consumptive use requirement is determined from the publication Consumptive Use of Irrigated Crops in Utah, Research Report 145, Utah State University, 1994, unless the applicant submits other data for consideration.  This area is administered by the Southeastern Regional Office in Price.

REFERENCES:         Technical Publication No. 15, Water from Bedrock in the Colorado Plateau of Utah; Utah State Engineer; 1966.

MODELING:            None.