State Engineer Rules Historical Consumptive Use

When a water right owner wishes to change a water right–whether a temporary loan or change approved by the state engineer or a permanent change approved by a water judge–the determination of the amount of water that can be loaned or changed relies on a calculation of the historical consumptive use of the water right. The bill directs the state engineer to promulgate rules that take into account local conditions that an applicant can use to calculate historical consumptive use. The results of the calculation carry no presumptive weight before the state engineer, water referee, or water judge. (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)