FLOW RATE

Rule 14(a). Identifying flow rate. Facts and information concerning flow rate for the claimed system will be identified using information in the claim along with other data gathered by the department. Rule 14(b). Guideline. The guideline for irrigation within a basin or subbasin will be the flow rate necessary to reasonably irrigate one acre of crop. (1) The flow rate guideline will be 17 gallons per minute per acre (gpm/ac) and was based on: (i) the commonly accepted method of irrigation; (ii) the peak consumptive use of alfalfa during a drought year growing season; and (iii) a reasonable efficiency for the method of irrigating the field. (2) The flow rate guideline for reservoirs associated with irrigation use claims will be as follows: 39 (i) for onstream reservoirs a flow rate guideline will not be identified. (ii) for offstream reservoirs the flow rate guideline for storage will be the capacity of the diversion and conveyance system. If there is no information regarding the capacity of the diversion and conveyance system, or the system is shared by more than one claimant, the flow rate guideline of 17 gpm/ac will be used. (3) The department, in conjunction with the water court, may hold public meetings within the basin or subbasin to gather further facts, data, and public comment so that reasonable water use guidelines are identified for the area. See Rule 32, W.R.C.E.R. Rule 14(c). Examining flow rate. When the claimed flow rate differs from the guideline, the department may gather further data and facts in an attempt to determine the actual flow rate for the specific claim. The claimant may be contacted pursuant to Rule 44, W.R.C.E.R. In addition, an on-site visit may be conducted pursuant to Rule 44, W.R.C.E.R. Discrepancies that may require claimant contact include, but are not limited to: (1) the claimed flow rate on a per acre basis exceeds the guideline using the acreage identified by the department; (2) the claimed flow rate appears insufficient to satisfy the purpose; and (3) no flow rate was claimed. Rule 14(d). Type of historical right. Changes may be made to the claimed flow rates for the following types of irrigation claims. 40 (1) For irrigation claims based on prior decreed rights, no changes to the claimed flow rate will be made. If the claimed flow exceeds 17 gpm/ac guideline, a remark shall be added to the water right abstract: Example: THE CLAIMED FLOW RATE EXCEEDS THE 17 GPM PER ACRE GUIDELINE AND CANNOT BE CONFIRMED DUE TO LACK OF DATA. THE FLOW RATE EQUALS XX.XX GPM PER ACRE. (2) For irrigation claims based on filed appropriation or use rights, where an onstream reservoir is not the primary means of diversion, flow rates exceeding 17 gpm/ac will be reduced to this guideline unless: (i) information in the claim file clearly substantiates the claimed flow rate; or (ii) information to support the actual flow rate is obtained through claimant contact. When a claimed flow rate is reduced to the 17 gpm/ac guideline, a remark shall be added to the water right abstract: Example: THE FLOW RATE OF THIS CLAIM HAS BEEN REDUCED TO THE GUIDELINE OF 17 GPM PER ACRE. THE FLOW RATE MAY BE CONTESTED BY PROPER OBJECTION. (3) For irrigation claims involving only water from onstream reservoirs based on filed appropriation or use rights, a flow rate will not be decreed. A remark shall be added to the water right abstract: Example: 41 A SPECIFIC FLOW RATE HAS NOT BEEN DECREED FOR THIS USE FROM THIS ONSTREAM RESERVOIR. (4) For irrigation claims involving a reservoir where stored water is not utilized, a flow rate will be decreed. A remark shall be added to the water right abstract: Example: PRIMARILY A DIRECT FLOW SYSTEM; FLOW RATE RETAINED. (5) For direct flow water spreading irrigation systems without reservoirs, a flow rate will not be decreed. A remark shall be added to the water right abstract: Example: A SPECIFIC FLOW RATE HAS NOT BEEN DECREED BECAUSE THIS USE CONSISTS OF DIRECT FLOW WATER SPREADING. (6) For natural subirrigation or natural overflow, a flow rate will not be decreed. A remark shall be added to the water right abstract: Examples: NO FLOW RATE HAS BEEN DECREED FOR THIS USE OF NATURAL SUBIRRIGATION. NO FLOW RATE HAS BEEN DECREED FOR THIS NATURAL OVERFLOW METHOD OF IRRIGATION. Rule 14(e). Decree exceeded. When the flow rate of a prior decreed water right has been exceeded by respectively filed claims, the parties involved will be contacted pursuant to Rule 44, W.R.C.E.R. If the parties do not reach agreement among 42 themselves to correct the over-claimed flow rate, the issue shall be identified in the department's summary report to the water court. Rule 14(f). Changing flow rates. The claimed flow rate will not be changed during the department's examination unless: (1) amended by the claimant; (2) clarified by the department; (3) as authorized in part (d) of this rule; and (4) standardized as to units of measure according to Rule 4, W.R.C.E.R. Rule 14(g). Summary report. In the summary report to the water court, the department shall provide on each abstract the following data and facts concerning the flow rate: (1) the claimed or clarified flow rate, or changes authorized by this rule; (2) identification of unique aspects or features of the flow rate; (3) a notation of changes made during the department's examination; and (4) remarks concerning unresolved issues or questions about the claimed flow rate, such as the claimed flow rate appears excessive for the specific application and delivery methods.