AREA 94 - MUDDY CREEK
Updated: April 17, 2011
A Proposed Determination of Water Rights book was compiled and published in 1987. No pre-trial or final decree has been issued. There are two court decrees in this area, the 1915 Quitchupah Creek Decree and the 1918 Muddy Creek Decree. There is no state-administered distribution system in this area. Because this area is part of the Colorado River basin, the 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. Click here to see statistics for this area.
Surface Water - Surface waters of the area are considered to be fully appropriated.
New diversions and consumptive uses on surface sources must be accomplished
by change applications filed on valid existing water rights owned or acquired
by the applicant. However, some water is available for larger appropriations
on a Temporary (one-year) or Fixed Time period basis. Non-consumptive, uses
such as hydroelectric power generation, would be considered on the merits
of each application.
All applications involving surface and ground waters, including changes on existing water rights, 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.
Applications are generally approved upon showing of an immediate need for water and with the presumptions that the applicant has all necessary resources and authorities to diligently develop the proposed beneficial uses of water and to file proof. Proof must be submitted by a registered land surveyor or engineer licensed in the State of Utah or a water user may file an election for proof to be completed by the State Engineer’s office. Requests for extensions of time in which to submit proof will be critically reviewed after the initial five-year period.
Muddy Creek Upper Watershed Drainage - The upper reaches of this drainage, above the major irrigation diversions, are closed to new appropriations. Change applications can be filed on water rights based on shares from Muddy Creek Irrigation Company or on other first priority water rights. Click here for a map of this upper watershed.
Applications are advertised in the Emery County Progress, Salina Sun, and the Richfield Reaper depending on the county where the source is located. At the discretion of the Regional Engineer, an application may be advertised in more than one county, if he determines the application could affect the water rights of bordering counties. 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. Click here to see a duty map for this area. 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.
The Water Right applicant is strongly cautioned that other permits may be required before any physical development of a project can begin and it is the responsibility of the applicant to determine the applicability of and acquisition of such permits. In order to avoid delays and ensure that Water Right approvals conform to applicable local ordinances, applicants should contact local governmental entities in advance to determine what ordinances are in place that affect the proposed project and to make sure that Water Right filings conform to those ordinances. The approval of a Water Right application does not imply any approval of a project by any other governmental entity. Approval of the project proposed in the Water Right application should be obtained from local governmental entities as necessary to implement a project.
Technical Publication No. 15, Water from Bedrock in the Colorado Plateau of Utah; Utah State Engineer; 1966.
Three-dimensional Digital-Computer Model of the Ferron Sandstone Aquifer near Emery, Utah; Water-Resources Investigations Report 80-62; U.S. Geological Survey; 1980. (this document is not available online)
Ground-Water Flow in the Navajo Sandstone in Parts of Emery, Grand, Carbon, Wayne, Garfield, and Kane Counties, Southeast Utah; Water-Resources Investigations Report 86-4012; U.S. Geological Survey (DjVu plugin required to view this document); 1986.
Ferron Sandstone Ground-water Flow Model, 1980
Navajo Sandstone Ground-water Flow Model, 1986
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Policy area in green,
click on the map for more detail
DESCRIPTIONRanging from T19S to T28S in the easternmost part of Sevier County and the southwestern corner of Emery County and the northern portion of Wayne County. This area’s major stream is Muddy Creek from its headwater tributaries to its confluence with the Fremont River near Hanksville, where the two sources form the Dirty Devil River. This area is bordered on the north by the San Rafael River drainage, on the east by the San Rafael Desert, on the south by the Fremont River drainage, and on the west by the Wasatch Plateau. The highest point in the area is 11,533 foot Hilgard Mountain in the Wasatch Plateau, while the lowest is at the confluence of Muddy Creek and the Fremont River at about 4,250 feet, giving a total relief of about 7,280 feet.