ONLINE APPORTIONMENT OF BENEFICIAL USE AMOUNTS REQUEST FORM
For a Printable PDF Version of these Instructions, Click this Link
PLEASE NOTE: Applications for Apportionment of Beneficial Use Amounts are allowed only if the applicant has exhausted all reasonable efforts without success to produce a DECLARATION OF BENEFICIAL USE AMOUNTS. R655-16-8(1).
BACKGROUND EXPLANATIONS:
(See the instructions for completing a Declaration of Beneficial Use Amounts for additional background explanation.)
  1. An Application for the Apportionment of Beneficial Use Amounts may be submitted to the State Engineer pursuant to the requirements of UTAH ADMINISTRATIVE CODE R655-16-8.

  2. An application to the State Engineer requesting an informal adjudicative proceeding pursuant to Section 63G-4-101, et seq, for the apportionment of the Beneficial Use amounts of the water rights in a Water Use Group may be submitted if:
    • an apportionment is necessary for an administrative action for a Change Application, a Segregation Application, a Proof of Beneficial Use, or an Ownership Update, and
    • the applicant has exhausted all reasonable efforts and has been unable to produce a DECLARATION OF BENEFICIAL USE AMOUNTS.

  3. The reasons an applicant might not be able to produce a Declaration of Beneficial Use Amounts include:
    • It is impossible to identify and/or contact one or more of the parties or their successors in interest in the Water Use Group; OR
    • One or more of the parties or their successors in interest refuses to participate in completing the Declaration or refuses to sigh the Declaration; OR
    • Any other problem the applicant cannot resolve, which prevents the completion of the Declaration.

  4. WARNING: It should be noted that the Water Rights shown may not necessarily be correctly assigned to the group(s) they are in. Users should verify that water rights in a group have been included correctly.

To produce the Statement of Group Contribution:
  1. First, complete the applicant section below, with name, phone number, mailing and email address if available.
  2. Next, select the type of administrative action requiring the apportionment of beneficial use amounts.
  3. Next, if one is not already shown, type a water right number in the box provided.
  4. Next, to retrieve all group numbers for that right, click the "Get Group Numbers" button.
  5. Then, click on the group number of the water use group under consideration,
  6. And finally, click on the "Generate Apportionment Application" button.
Additional water right information can be found by clicking the "Water Right Data" button.
  
APPLICANT:
   Applicant Information: (  * If you are a company or business, please enter name in the Last Name field)
Applicant Name:
Mailing Address Line 1:
Mailing Address Line 2:
  Mailing Address Line 3:
  Phone Number:
  Email Address:

PURPOSE of APPORTIONMENT:

   As per R655-16-8(1), Applications for Apportionment of Beneficial Use Amounts are allowed only if necessary for
   administrative action on a:
  • CHANGE APPLICATION,
  • SEGREGATION APPLICATION,
  • OWNERSHIP UPDATE, or
  • PROOF OF BENEFICIAL USE.
Purpose:
Water Right Number:
Supplemental Use Group Number:
 
  
  
FURTHER IMPORTANT INFORMATION

PLEASE READ: TO COMPLETE THE APPLICATION FOR APPORTIONMENT OF BENEFICIAL USE:
  1. Indicate the water rights that will be or are involved in the administrative action.
  2. Provide a sworn and verified affidavit explaining in specific detail the efforts that have been made to complete a DECLARATION OF BENEFICIAL USE AMOUNTS:
    1. The attempts to identify and contact the parties or their successors in interest; OR
    2. The attempts to reach agreement with the parties or their successors in interest; OR
    3. Other efforts made without success.
    4. The issues that are preventing completion of the Declaration.
    5. See below for "Suggestions for Demonstrating Reasonable Effort."
  3. Attach to the application any documentation supporting the affidavit.
  4. Attach to the application all affidavits and documentation regarding beneficial use and water right ownership gathered in the effort to prepare a Declaration.
  5. SIGN THE APPLICATION. By signing the application, the applicant acknowledges that the State Engineer's apportionment of the Beneficial Use Amounts of the water rights within the Water Use Group is not a general adjudication of the water rights involved in Section 73-4.
  6. Click to see a sample of a correctly completed Application for Apportionment of Beneficial Use Amounts.

IF THE STATE ENGINEER ACCEPTS THE APPLICATION FOR APPORTIONMENT OF BENEFICIAL USE AMOUNTS:
  1. The applicant shall, to the extent possible, provide notice to the other parties pursuant to Section 63G-4-201(3)(b) that the State Engineer will apportion the beneficial use amounts of the supplemental water rights in the water use group according to the requirements of UTAH ADMINISTRATIVE CODE R655-16, et seq.

  2. After receiving documentation that the applicant notice has been sent, the State Engineer will send a request for information to each of the water users or to their known successors in interest, who own the rights shown in the water use group.

  3. The request will allow at least 30 days for water users to respond with information regarding the use of water and the beneficial uses in the water use group.

  4. After the 30 days. the State Engineer may hold a preliminary hearing, if necessary, to gather additional information.

  5. The State Engineer will prepare a preliminary apportionment of the beneficial use amounts of some or all of the water rights in the water use group.

  6. The State Engineer will notify the water users in the water use group of the preliminary apportionment and will allow 30 days for the water users to contest the preliminary apportionment.

  7. After the 30-day contest period, the State Engineer may hold a hearing if necessary to gather additional information.

  8. The State Engineer will prepare a final apportionment, making any adjustments necessary based on the additional information received.

  9. The State Engineer will issue an Order of the State Engineer apportioning the beneficial uses and allowing 20 days to request reconsideration and motions for de novo review in the district court.

  10. Once the periods for reconsideration or de novo review have run without response or once the court has issued a decision after de novo review, the State Engineer will update the water right records accordingly.

  11. Any administrative action depending upon the apportionment (change application, water right proof, water right segregation, or water right ownership update) may then move forward.

SUGGESTIONS FOR DEMONSTRATING REASONABLE EFFORT:
These are efforts a water user might employ in attempting to complete a Declaration of Beneficial Use. A reasonable effort must be made prior to requesting assistance from the State Engineer through an Apportionment Application.

Seek qualified professional assistance for help in resolving any of the issues preventing the completion of a Declaration.

Efforts to identify and locate the other water right owners in the water use group or their successors in interest might include the floowing:
  • Research the State Engineer records for the other supplemental water rights in the water use group including the hard copy files and any hydrographic survey maps.
  • Research county recorders office to identify new owner(s) of property and contact them.
  • Research state or federal agency records to identify new grazing allotment owner(s) and contact them.
  • Contact neighboring water users and property owners.
  • Research historical records (including census records, obituaries, birth records, etc.).
  • Contact local water use groups / authorities.
  • Do an Internet search of the water right owner names in every reasonable area of the country.
  • Contact every name identified in the Internet search by telephone.
  • Maintain a log of all efforts to identify the water right owners or their successors in interest.
Efforts to contact the other water right owners in the water use group or their successors in interest might include the following:
  • Contact every name identified as a water right owner or successor in interest in the water right group by telephone or in person.
  • Keep a log of phone call attempts showing at least two weeks of effort at different times of the day.
  • Send a certified letter, response requested, to every name identified as a water right owner or successor in interest in the water right group and then follow up 30 days later with a regular mail letter.
  • Keep any returned envelopes sent to a reasonable address showing there was no forwarding address.
Efforts to reach agreement with the other water right owners and complete a Declaration:
  • Meet or communicate with each of the other water user(s) to determine if there is a possibility of reaching agreement.
  • Determine whether the other water users are willing but unable to figure out how to divide the beneficial uses among the water rights in the water use group.