| OCR Text |
Show beneficial use, unreasonably effect public recreation or the natural stream environment or will prove detrimental to public welfare, the State Engineer will withhold approval. There is an additional requirement of the law which is important. To maintain a water right, the water must be diverted, or physically removed, from its natural source. The only exception to this rule is approved in- stream flow rights, which must be held by either DWR or DPR. There are several reasons a water right may be terminated. An unperfected water right may be terminated by the State Engineer, ( 1) at the applicant's request, ( 2) if the applicant fails to meet the criteria for appropriation or the conditions of approval, or ( 3) the applicant fails to develop the project in the time allotted. Once a water right is perfected there are two reasons it may be terminated. The water right holder can file a statement of abandonment and forfeiture with the State Engineer and the local county recorder, or the courts may terminate the water right as part of a civil proceeding. Tributary Water Rights Except for the Bear River drainage, the West Desert and the lake itself, all surface waters of the GSL Basin are considered to be fully appropriated, except during high water years. On the Bear River appropriations are still allowed, but there are factors which may restrict the amounts available. At present, the Board of Water Resources, by statute, is considering various alternatives for the development of Bear River water for use in various locations along the Wasatch Front. Development of the Bear River is subject to the limitations of the Bear River Compact. Ground Water Rights The Jordan River system, the upper Weber River drainage and Tooele Valley are closed to new appropriations of ground water. Ground water is still available in the Bear River drainage, the West Desert and on portions of the eastern shore of the lake. Great Salt Lake Water Rights For administrative purposes, the State Engineer has divided the GSL drainage basin into sub- basins. Each sub- basin has its own set of policies governing the appropriation and management of its water. GSL is open to appropriation. However, the siting of diversion facilities is dependent upon the applicant securing the proper easements and/ or permits from the responsible regulatory agencies and landowner. There are currently 11 perfected water rights to divert water from the lake, all owned by companies or individuals in the mineral extraction industry. ( See Figure 4 for locations of mineral extraction operations.) The earliest priority date of these rights is 1940; the latest is 1986. Under these rights, if used to their fullest, it is possible for the rights holders to divert 362,306 af/ yr. Due to economic limitations, climatic conditions and the available evaporative surface, only 95,000 to 180,000 af/ yr is currently diverted. The vast majority of this water is evaporated, while very small amounts return to the lake through pond leakage and flushing. 20 |
