BLUE CASTLE PROJECT - WATER RIGHTS

BLUE CASTLE PROJECT
KANE COUNTY WCD WATER RIGHTS APPLICATION
SAN JUAN COUNTY WCD WATER RIGHTS APPLICATION

2010 WATER RIGHTS HEARING
STATE ENGINEER DECISION AND CHALLENGE

BLUE CASTLE PROJECT - NRC EARLY SITE PERMIT

Blue Castle Holdings has proposed a nuclear reactor near the City of Green River in Emery County, Utah. BCH proposed to use water from the Green River for the project. BCH has leases from the Kane County and San Juan County Water Conservancy Districts for 53,000 acre-feet of water. Currently the State Engineer, Division of Water Rights, is considering the change applications filed by the Water Conservancy Districts in 2009. The DWR held hearings on the protests of the change applications in January 2010. The State Engineer's decision is expected in early 2012.

Protest Hearings Held on January 12, 2010

Hearing Presentations and Testimony
Audio Recording of Hearings
Hearing Documents
Information About the Blue Castle Generation Project
News Articles
~ Moab Times Independent
~ Salt Lake Tribune
~ Grand Junction Sentinel

Protest Hearings Held January 12, 2010, in Green River

On January 12, 2010, the Utah Division of Water Rights will hold hearings on the protests of the Kane County and San Juan Water County Conservancy Districts' change applications for the provision of water from the Green River for a proposed nuclear power plant. The hearings on the requests to change the point of diversion, place of use, and nature of use for 29,600 acre-feet (Water Rights 89-74, 89-1285, and 89-1513) of water from the Colorado River and 24,000 acre-feet (Water Right 09-462) of water from the San Juan River. The water has been leased to Blue Castle Holdings Inc. (BCH, formerly Transition Power Development LLC) for the nuclear reactor that BCH wants to site a few miles west of Green River.

The hearings start at 9:00 a.m. and will likely continue throughout the day. The public is urged to attend and may have an opportunity to voice their concerns.

The requirements for approval of an application for a new appropriation or a change are found at Utah Code 73-3-8: http://le.utah.gov/~code/TITLE73/htm/73_03_000800.htm
According to Section 73-3-8, it shall be the duty of the state engineer to approve an application if:
There is unappropriated water in the proposed source.
The proposed use will not impair existing rights.
The proposed use will not interfere with the more beneficial use of the water.
The proposed plan is physically feasible.
The proposed plan is economically feasible.
The proposed plan will not be detrimental to the public welfare.
The applicant has the financial ability to complete the proposed works.
The application was filed in good faith and not for purposes of speculation or monopoly.
The appropriation will not unreasonably affect public recreation.
The appropriation will not unreasonably affect the natural stream environment.

If an application does not meet the requirements of this section, it shall be rejected.

San Juan County Water Conservancy District Water Right Change
Application Protest and Hearing Request Opportunity

Uranum Watch and Living Rivers submitted a protest of the San Juan County Water Conservancy District's (SJCWCD's) August 27,2009, Application for Permanent Change for Water Rights for Water Right 09-462.

Read Protests and Hearing Requests Submitted to DWR - Click Here

Additional Information

Upper Colorado River Endangered Fish Recovery Program - U.S. Fish and Wildlife Service (Power Point Presentation)
Division of Water Rights Public Meeting on Colorado River Basin Water Management Issues - September 2009 (Documents and Power Point Presentations)
Utah Water Law - 101 - an introduction to water law in Utah

Mancos Hills Industrial Park - Power Point
Map of Industrial Park

Kane County Water Conservancy District Water Right Change Application
Protest and Hearing Request Opportunity

Read Protests and Hearing Requests Submitted to DWR - Click Here

The Kane County Water Conservancy District's March 30, 2009, Application for Permanent Change for Water Rights for water rights 89-74, 89-1285, and 89-1513 proposes to change the point(s) of diversion, place of use, and nature of use for 29,600 acre feet of water (over 26.5 million gallons per day) from the Green River for the Blue Castle Holdings Inc. (formerly Tansition Power Development LLC) proposed 2-unit nuclear power reactor.

Application for Permanent Change of Water
Notice to Water Users
FACT SHEET
Protests of KCWCD Application for Permanent Change of Water Rights


NRC REGULATORY DOCUMENTS

The Nuclear Regulatory Commission is the federal agency that licenses and regulates nuclear power reacors in the U.S. They rely on regulatory guidances to determine whether a site is suitable for a nuclear power reactor. Transition Power has stated that they intend to submit an Early Site Permit Application and/or a Combined License Application in 2010.

NRC New Reactor Regulation

Standard Review Plans for Environmental Reviews for Nuclear Power Plants
(NUREG-1555)


Processing Applications for Early Site Permits | Review Standard RS-002
| SECY-03-0227

General Site Suitability Criteria for Nuclear Power Stations | Regulatory Guide 4.7

Ultimate Heat Sink for Nuclear Power Plants | Regulatory Guide 1.27

RELATED INFORMATION

Agriculture and Nuclear Power
~ Brochure: Agriculture and Nuclear Power in Florida
~ Brochure: Radiological Emergency Information for the Agricultural Community - New York

HEAL Utah Article: Nuclear Reactors in Green River?

WATER FOR THE NUCLEAR POWER PLANT

Blue Castle Holdings Inc. (formerly Transition Power Development LLC) has leased 53,600 acre feet of water from Kane County and San Juan County Water Conservancy Districts. In order to make use of the water from the Green River for a nuclear power reactor, the holders of the water rights must submit a change application to the State Engineer, Division of Water Rights. They must request a change in the point(s) of diversion, place of use, and purpose of use.

The Kane County Water Conservancy Disctrict submitted a change application on March 30, 2009. The Application for Permanent Change for Water Rights refers to water rights 89-74, 89-1285, and 89-1513.

The Kane County Water Conservancy District submitted a request for an extention of time to show proof of beneficial use for the water they leased to Transition Power in September 2008. That request was protested, but no hearing date has been set.

Got Water? Nuclear Power Plant Cooling Water Needs
Union of Concerned Scientists | Issue Brief | December 2007
Description of use of water by nuclear power reactors, with diagrams and photos

Utah Water Rights Laws and Regulations

Utah Code - Statutes and Constitution
~ Utah Water Rights Law
~ Title 73. Water and Irrigation
~ Chapter 73-3. Appropriation
~ Section 73-3-3. Permanent or temporary changes in point of diversion, place of use, or purpose of use
~ Section 73-3-7. Protests
~ Section 73-3-8. Approval or rejection of application

Utah Administrative Code
~ Rule R655. Natural Resources - Water Rights
~ Rule R655-6. Administrative Procedures for Informal Proceedings Before the Division of Water Rights

Water Rights Leased by Transition Power Development

Kane County Water Conservancy District
190 West Center Street, Suite 200
P. O. Box 122
Kanab UT 84741
~ Water Right 89-74 — 13,670 acre feet
~ Water Right 89-128 — 15,750.0 acre-feet
~ Water Right 89-1513 — 180 acre feet

San Juan County Water Conservancy District
P.O. Box 246
Blanding UT 84511
~ Water Right 09-462 — 24,000 acre feet

September 25, 2008 — Request for Extention of Time to Show Beneficial Use

On September 25, 2008, the Kane County Water Conservancy District (KCWCD) requested an extension of time to prove beneficial use of Lake Powell water that it has leased to Blue Castle Holdings Inc. for a proposed nuclear power station near Green River, Utah. Proof of beneficial use was due on September 30. On the 2-page Request for Extension of Time to File Proof of Benefical Use forms, KCWCD requested until 2015 to demonstrate beneficial use. The water rights were originally approved in 1964, but have never been put to any use. The City of Green River has voted to approve a site for BCH to withdraw water from the Green River. The site is below where the majority of area users withdraw their water.

~ Utah Code §73-3-12. Time limit on construction and application to beneficial use - Extensions - Procedures and criteria

Extension Requests
Water Right 89-74
~ Page 1
~ Page 2
Water Right 89-1285
~ Page 1
~ Page 2
Water Right 89-1513
~ Page 1
~ Page 2

November 4, 2008 — Protests of Extension Requests

Two conservation groups: HEAL Utah and and a group made up of Uranium Watch, Red Rock Forests, Living Rivers, the Moab Local Green Party, filed water rights protests with the State Engineer, Utah Division of Water Rights, on November 4, 2007.  The groups protested Kane County Water Conservancy District's request for an extension of time to show beneficial use for 29,600 acre-feet of water leased to Transition Power Development LLC (TPD) in 2007 for a proposed 2-unit nuclear power station near Green River. 

Extension Protests
~ Red Rock Forests, et al.
~ HEAL Utah

Division of Water Rights
~ Protest Notice
- November 5, 2008

Kane County Water Conservancy District Response to Protests - March 30, 2009
~ Page 1
~ Page 2

March 30, 2009 — Kane County Water Conservancy District — Request for Change to Provide Water for Nuclear Power Reactor in Green River

August 27, 2009 — San Juan County Water Conservancy District — Request for Change to Provide Water for Nuclear Power Reactor in Green River

NEWS ARTICLES

Deseret News
Cost of a Utah nuclear plant could reach $3 billion - October 19, 2007

Idaho Samizat: Nuke Notes
Blue Castle Reactors for Green River, Utah? - July 23, 2008
Utah Nuclear Project Update - March 8, 2008
Nuclear power plant planned for Utah - October 16, 2007

Salt Lake Tribune
Proliferation: Utah doesn't need a nuclear power plant - October 4, 2008
Lease deal could give nuke plant a home - November 11, 2008
Critics: Proposed nuke Ppant all wet; save H2O for public - November 17, 2008

The Wasatch Watcher
Utah Republican lawmakers and conflict of interest - October 20, 2007

Last Updated December 16, 2011


 

ADDITIONAL
INFORMATION


Utah Division of
Water Rights-DWR

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DWR
Hearings Schedule

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DWR E-mail
Notification


Utah Statutes

Utah Administrative
Code


 


 

 

 

 

 

 

 

Uranium Watch • 435-260-8384 • 76 S Main #7 • PO Box 344 • Moab, Utah 84532