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Law on water rights could affect Wellsville annexation, attorney says By
Melissa Dymock WELLSVILLE -- An attorney spoke to the City Council about water rights at last week's meeting. Wellsville is facing many water issues regarding the proposed annexation of Cache County land and further planning issues. Warren Peterson, a Delta attorney, has served on the Utah Board of Water Resources and the Executive Committee on Water Rights, which was formed by the Utah Legislature. Peterson called changes in water law "the most significant changes since statehood." Peterson spoke on the issue of "partial forfeiture." He said that partial forfeiture means that if the individual with the right to use the water doesn't use all of their water over a period of five years, he or she can forfeit the right to the unused water. Peterson said that Utah is an "appropriation state," meaning the state owns all water and the individual is only granted the right to that water. According to the law, an individual has the right to file for water if he or she can prove beneficial use, meaning economic use. Peterson said the question of partial forfeiture has been raised in past Supreme Court cases but never proved. That might change in future decisions. He said changes in the law could affect Wellsville in the annexation, if the water rights it sought in connection with the land had been forfeited from non-use. The city could also lose current water rights if the rights haven't been used. To bypass the partial forfeiture clause, Peterson said people could apply for extension on the five years if they meet one of three criterias. They must either be in economic hardship, experiencing an industrial depression or a municipality holding the water for future use. "People who need water go looking for water that's not being used," Peterson said. "To protect it, use it."
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