SUPPLEMENTAL RIGHTS

RULE 40(a). Identifying supplemental rights. Supplemental rights occur when a claimed place of use of a water right overlaps the claimed place of use on another water right having the same purpose and belonging to the same owner. The place of use for all claims of one ownership, except claims for stockwater and domestic use, will be reviewed for supplemental rights. RULE 40(b). Supplemental rights remark. For irrigation claims, irrigation district claims and "other uses" claims, the supplemental rights relationship will be identified by a remark on the water right abstract. The remark will identify and limit the flow rate, place of use, and volume and will list the supplemental water rights involved. RULE 40(c). Summary report. In the summary report to the water court, the department shall provide on each abstract the following data and facts concerning supplemental rights: (1) a remark indicating supplemental rights; Example (Irrigation and Irrigation District Claims): THE WATER RIGHTS FOLLOWING THIS STATEMENT ARE SUPPLEMENTAL WHICH MEANS THE RIGHTS HAVE OVERLAPPING PLACES OF USE. THE RIGHTS CAN BE COMBINED TO IRRIGATE ONLY OVERLAPPING PARCELS. EACH RIGHT IS LIMITED TO THE FLOW RATE AND PLACE OF USE OF THAT INDIVIDUAL RIGHT. THE SUM TOTAL VOLUME OF 95 THESE WATER RIGHTS SHALL NOT EXCEED THE AMOUNT PUT TO HISTORICAL AND BENEFICIAL USE. 000000-00, 000000-00, 000000-00, 000000-00. Example (Other Uses Claims): WHENEVER THE WATER RIGHTS FOLLOWING THIS STATEMENT ARE COMBINED TO SUPPLY WATER FOR THE CLAIMED PURPOSE, EACH IS LIMITED TO THE HISTORICAL FLOW RATE AND PLACE OF USE OF THAT INDIVIDUAL RIGHT. THE SUM TOTAL VOLUME OF THESE WATER RIGHTS SHALL NOT EXCEED THE AMOUNT PUT TO HISTORICAL AND BENEFICIAL USE. 000000-00, 000000-00, 000000- 00, 000000-00. and (2) the department's examination information which may include: (i) an issue remark when the combined flow rates of supplemental irrigation rights exceed the guideline by 60 gpm per acre; or (ii) an identification of any other pertinent facts, data, and issues.