FLOW RATE AND VOLUME

Rule 19(a). Identifying flow rate and volume. Facts and information concerning flow rate and volume for domestic use will be identified using information in the claim along with other data gathered by the department. Rule 19(b). Guidelines. The flow rate and volume guidelines for domestic use within a basin or subbasin will be as follows: (1) the flow rate guideline that would reasonably supply domestic use will be 35 gallons per minute; (2) the volume guideline will be: (i) one and one-half acre-feet per household; 52 (ii) two and one-half acre-feet per acre of lawn and garden or shelter belt up to a reasonable amount for domestic irrigation (generally 5 acres or less); (3) the flow rate and volume guidelines for reservoirs associated with domestic use claims will be as follows: (i) for domestic use involving only water from onstream reservoirs a flow rate guideline will not be identified, and 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 FOR THIS USE FROM THIS ONSTREAM RESERVOIR. (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 35 gallons per minute will be used; (iii) the volume guideline will be one and one half acre-feet per household and two and one-half acre-feet per acre of lawn and garden or shelterbelt, plus a reasonable amount for evaporation. The minimum volume guideline for domestic use will be 1.5 acre-feet. Rule 19(c). Identifying number of households. The department will use the information in the claim as well as other information to identify the number of households served by the water right in the place of use. (1) Domestic claims - the number of households for a domestic claim is one. 53 (2) Multiple domestic claims - the number of households may be calculated based on: (i) the number of persons or households indicated in the claim (five persons will be considered equivalent to one household); or (ii) the number of dwellings indicated on a map or an aerial photograph of the place of use. (3) When the number of households cannot be identified from the claim or available information, the claimant will be contacted pursuant to Rule 44, W.R.C.E.R. Rule 19(d). Examining flow rate and volume. When the claimed flow rate or volume differs from the guideline, the department will gather further data and facts in an attempt to determine the actual flow rate or volume for the specific claim. The claimant may be contacted pursuant to Rule 44, W.R.C.E.R. Discrepancies that may require claimant contact include, but are not limited to: (1) the number of households or the number of acres of domestic irrigation cannot be determined; (2) the claimed flow rate exceeds the guideline; (3) the claimed volume exceeds the guideline for number of households plus lawn and garden or shelterbelt acreage; or (4) the claimed flow rate or claimed volume appear to be in error, inconsistent, or insufficient to satisfy the purpose. Rule 19(e). Decree exceeded. When the flow rate of a prior decreed water right has been exceeded by respectively filed claims, 54 the parties involved may be contacted pursuant to Rule 44, W.R.C.E.R. If the parties do not reach agreement among themselves and correct the over claimed flow rate, the issue shall be identified in the department's summary report to the water court. Rule 19(f). Changing flow rate and volume. The claimed flow rate and volume of a water right 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 (b) of this rule; or (4) standardized as to units of measure according to Rule 4, W.R.C.E.R. Rule 19(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 and volume: (1) the claimed or clarified flow rate, or changes authorized by this rule; (2) the claimed or clarified volume, or changes authorized by this rule; (3) identification of unique aspects or features of the flow rate and volume; (4) a notation of changes made during the department's examination; and 55 (5) remarks concerning unresolved issues or questions about the claimed flow rate and volume such as the following situations: (i) the claimed flow rate or volume cannot be confirmed or appears excessive for this purpose; or (ii) the claimed volume exceeds the maximum feasible volume when the claimed flow rate cannot deliver the claimed volume during the claimed period of use.