Thursday, November 16, 2017

Public Meeting Concerning the General Adjudication in Mill Creek Area

The Utah Division of Water Rights has set a public meeting to discuss the general adjudication of water rights in the Mill Creek area in Salt Lake County East Division of the Utah Lake / Jordan River Drainage (Area 57, Book 15). The Mill Creek area generally includes Mill Creek Canyon and the area bounded by 700 East on the west, 3300 Southon the north, and 3900 South on the south. The following information is from the public meeting notice:

What: Public Meeting
Who: Water Users within the Mill Creek area
When: November 29, 2017, 6:00 to 7:00 pm
Where: Department of Natural Resources, Room 1040, 1594 W. North Temple, Salt Lake City
Purpose: In accordance with Chapter 73-4, Utah Code Annotated, and the Third Judicial District Court (Civil No. 365729832), the State Engineer is authorized and ordered to conduct a general determination of the rights to the use of all water, both surface and underground, within the drainage area of the Mill Creek Subdivision, Salt Lake County East Division, of the Utah Lake and Jordan River drainage in Salt Lake County. Efforts are currently underway and over the next few months, representatives of the Division of Water Rights will be working in the Mill Creek area to survey existing water rights and investigate water user's claims. In light of this work, the public is invited to a public meeting. Representatives from the Division of Water Rights will be available during this time to discuss the adjudication process, review water rights within the area, and answer questions. If individuals cannot attend, but have questions regarding the adjudication process or water rights within the Mill Creek area, please contact the Division at 801-538-5282.
Agenda:
1.  Introduction (Blake Bingham, P.E. - Adjudication Program Manager)
2.  Adjudication Process Presentation
3.  Public Comments and Questions

A live stream broadcast of the public meeting will also be available online at this link.

For more information about the meeting, click here.

Friday, November 3, 2017

Training on Supplemental Water Rights

The Division of Water Rights will be hosting a training session on supplemental water rights and water use groups. The training will be held on Thursday, November 16, 2017 at the Department of Natural Resources Building in Salt Lake City (1594 West North Temple) in Room 1040 from 9:00 am to 12:00 pm. Everyone is welcome to attend. Please RSVP to Teresa Wilhelmsen at teresawilhelmsen@utah.gov if you would like to attend or for further information.

For more information, click here.

Monday, October 23, 2017

Online Protest Form

As part of the administrative process for water right applications, the Division of Water Rights publishes notice of the application and gives a 20-day protest period. Any interested party may file a protest on an application during the protest period. Previously, the protests had to be submitted in hard copy via mail or hand-delivery, along with a check for the protest fee.

The Division of Water Rights now allows for protests to be submitted online. Additionally, the protest fee can be paid online using a credit card. The portal for filing protests is located here on the Division's website.

A few items to keep in mind with respect to submitting protests online:
--The online form must be filled out completely and correctly for the protest to be acceptable.
--The protest is not deemed complete until the protest fee has been paid.
--You cannot attach any documents to the online protest. Accordingly, if you have supporting documents to submit with the protest, you must email or mail the documents to the Division and reference the protest number so that the documents can be attached to the protest submitted online.

Monday, October 2, 2017

20-Year Review of the Bear River Compact

The Bear River Compact is an agreement between Utah, Idaho, and Wyoming that governs the distribution and use of water from the Bear River. The Compact was originally signed into law in 1958. The Compact provides that at least every 20 years, the Compact should be reviewed by the Bear River Commission, which is an administrative agency created by the Compact that includes Commissioners from each of the three states.

In April 2017, the Commission officially initiated its 20-Year Review of the Compact. As part of this process, the Commission has scheduled a series of public meetings around the Bear River Basin in order to receive comments from the public regarding the Compact. A schedule of these public meetings is included below.

Additionally, written comments can be submitted to the Commission, but must be received by the Commission before 5:00 pm on December 4, 2017. Comments may be sent by email to review@bearrivercommission.org or by mail to Bear River Commission, RE: 20-Year Compact Review, 106 West 500 South, Suite 101, Bountiful, UT 84010.

For more information about the 20-Year Review, please visit the Bear River Commission's website by clicking here.

Monday, September 25, 2017

Public Meeting Concerning the General Adjudication in Parleys Creek Area

The Utah Division of Water Rights has set a public meeting to discuss the general adjudication of water rights in the Parleys Creek area in Salt Lake County East Division of the Utah Lake / Jordan River Drainage (Area 57, Book 14). The Parleys Creek area generally includes Parley's Canyon and the area bounded by 700 East on the west, 2100 South/Parley's Way on the north, and 3300 South on the south (see map below). The following information is from the public meeting notice:

What: Public Meeting
Who: Water Users within the Parleys Creek area
When: October 18, 2017, 6:00 to 7:00 pm
Where: Department of Natural Resources, Room 1050, 1594 W. North Temple, Salt Lake City
Purpose: In accordance with Chapter 73-4, Utah Code Annotated, and the Third Judicial District Court (Civil No. 365729829), the State Engineer is authorized and ordered to conduct a general determination of the rights to the use of all water, both surface and underground, within the drainage area of the Parleys Creek Subdivision, Salt Lake County East Division, of the Utah Lake and Jordan River drainage in Salt Lake County. Efforts are currently underway and over the next few months, representatives of the Division of Water Rights will be working in the Parleys Creek area to survey existing water rights and investigate water user's claims. In light of this work, the public is invited to a public meeting. Representatives from the Division of Water Rights will be available during this time to discuss the adjudication process, review water rights within the area, and answer questions. If individuals cannot attend, but have questions regarding the adjudication process or water rights within the Parleys Creek area, please contact the Division at 801-538-5282.
Agenda:
1.  Introduction (Blake Bingham, P.E. - Adjudication Program Manager)
2.  Adjudication Process Presentation
3.  Public Comments and Questions

Tuesday, September 19, 2017

Public Meeting Concerning the General Adjudication in Foothill Village Area

The Utah Division of Water Rights has set a public meeting to discuss the general adjudication of water rights in the Foothill Village area in Salt Lake County East Division of the Utah Lake / Jordan River Drainage (Area 57, Book 13). The Foothill Village area generally includes the area from 1100 East on the west to the ridge of Parley's Canyon on the east, and from 2100 South/Parley's Way on the south to Sunnyside Avenue on the north (see map below). The following information is from the public meeting notice:

What: Public Meeting
Who: Water Users within the Foothill Village area
When: October 4, 2017, 6:00 to 7:00 pm
Where: Department of Natural Resources, Room 1050, 1594 W. North Temple, Salt Lake City
Purpose: In accordance with Chapter 73-4, Utah Code Annotated, and the Third Judicial District Court (Civil No. 365729829), the State Engineer is authorized and ordered to conduct a general determination of the rights to the use of all water, both surface and underground, within the drainage area of the Foothill Village Subdivision, Salt Lake County East Division, of the Utah Lake and Jordan River drainage in Salt Lake County. Efforts are currently underway and over the next few months, representatives of the Division of Water Rights will be working in the Foothill Village area to survey existing water rights and investigate water user's claims. In light of this work, the public is invited to a public meeting. Representatives from the Division of Water Rights will be available during this time to discuss the adjudication process, review water rights within the area, and answer questions. If individuals cannot attend, but have questions regarding the adjudication process or water rights within the Foothill Village area, please contact the Division at 801-538-5282.
Agenda:
1.  Introduction (Blake Bingham, P.E. - Adjudication Program Manager)
2.  Adjudication Process Presentation
3.  Public Comments and Questions

Saturday, September 2, 2017

Public Meeting Concerning the General Adjudication in Oakland Place Area

The Utah Division of Water Rights has set a public meeting to discuss the general adjudication of water rights in the Oakland Place area in Salt Lake County East Division of the Utah Lake / Jordan River Drainage (Area 57, Book 12). The Oakland Place area generally includes the area from 300 West on the west to 700 East on the east, and from 2100 South on the north to 2700 South on the south (see map below). The following information is from the public meeting notice:

What: Public Meeting
Who: Water Users within the Oakland Place area
When: September 13, 2017, 6:00 to 7:00 pm
Where: Department of Natural Resources, Room 1040, 1594 W. North Temple, Salt Lake City
Purpose: In accordance with Chapter 73-4, Utah Code Annotated, and the Third Judicial District Court (Civil No. 365729829), the State Engineer is authorized and ordered to conduct a general determination of the rights to the use of all water, both surface and underground, within the drainage area of the Oakland Place Subdivision, Salt Lake County East Division, of the Utah Lake and Jordan River drainage in Salt Lake County. Efforts are currently underway and over the next few months, representatives of the Division of Water Rights will be working in the Oakland Place area to survey existing water rights and investigate water user's claims. In light of this work, the public is invited to a public meeting. Representatives from the Division of Water Rights will be available during this time to discuss the adjudication process, review water rights within the area, and answer questions. If individuals cannot attend, but have questions regarding the adjudication process or water rights within the Oakland Place area, please contact Mike Handy at (801)538-7240.
Agenda:
1.  Introduction (Blake Bingham, P.E. - Adjudication Program Manager)
2.  Adjudication Process Presentation
3.  Public Comments and Questions

For more information about the meeting, click here.

Friday, August 4, 2017

Burr v. Koosharem Irrigation Company

The Utah Court of Appeals recently issued its opinion in the case of Burr v. Koosharem Irrigation Company. The case began in 2014 when Greg Torgerson, a shareholder in Koosharem Irrigation Company, filed a lawsuit against the Company. Shortly thereafter, two additional shareholders, Chad Torgerson and Bret Kouns, joined in the lawsuit. The three plaintiffs filed an Amended Complaint, which included a shareholder derivative claim against the Company and two of the Company's directors. The plaintiffs alleged that these two directors had breached their fiduciary duties to the Company, had engaged in self-dealing, and had failed to act in good faith and with loyalty. The plaintiffs also sought to have the two directors removed from the board due to "rigged elections."

Under the Utah Revised Nonprofit Corporation Act, a court action to remove a director must be commenced "by voting members holding at least 10% of the votes entitled to be cast in the election of the director's successor." The three plaintiffs owned a combined 11.9% of the outstanding shares in the Company. In 2015, however, plaintiff Bret Kouns passed away. The two remaining plaintiffs only owned a combined 5.3% of the outstanding shares.

Following an investigation by a court-appointed committee that determined that a derivative claim was not in the best interests of the Company, the court dismissed plaintiffs' derivative claims. The Company then sought to have the director removal claim dismissed as well, citing to the fact that the two remaining plaintiffs did not own the requisite number of shares.

Burr, another shareholder in the Company, then sought to join the lawsuit by filing a motion to intervene. If Burr was allowed to intervene in the lawsuit, the plaintiffs would collectively have sufficient shares to be above the required 10% threshold. The district court, however, denied Burr's motion to intervene, concluding that Burr had failed to adequately explain why he had waited nearly two years to try to join in the lawsuit. Burr appealed the decision to the Court of Appeals.

The Court began its opinion by noting the standard for a party seeking to intervene, which is that the party must demonstrate "(1) that its motion to intervene was timely, (2) that it has an interest relating to the property or transaction which is the subject of the action, (3) that the disposition of the action may as a practical matter impair or impede its ability to protect that interest, and (4) that its interest is not adequately represented by existing parties." The Court determined that Burr had met these requirements. Although Burr's motion to intervene was not filed for almost two years after the case was initiated, his participation in the case did not become necessary until Kouns passed away. Thus, the motion to intervene was timely. Furthermore, Burr had an interest in the subject matter of the case because he was a shareholder in the Company, and without Burr's participation in the case, the director removal claim would be dismissed and the interests of Burr (and the other two plaintiffs) would be affected. Finally, the Court determined that Burr's interests were adequately represented until Kouns' death -- but after Kouns' death, Burr's interests were not adequately represented by the remaining two plaintiffs who did not own sufficient shares to allow the case to continue.

For these reasons, the Court of Appeals held that Burr should have been allowed to intervene in the case. The Court of Appeals therefore reversed the decision of the district court and sent the case back to the district court to continue.

To read the full opinion, click here.

Utah Water Strategy Report

In 2013, Governor Gary Herbert tasked the State Water Strategy Advisory Team to provide recommendations for a 50-year water strategy for the State of Utah. The Advisory traveled around the state and held town hall meetings, and also invited written comments, to get public input on planning for future water needs.

The Advisory Team has recently published its Recommended State Water Strategy, which is a 200-page report to Governor Herbert containing various recommendations and ideas regarding how Utah should manage its water resources into the future. Some of the topics covered include:
  • Water conservation and efficiency
  • Development of water supplies
  • Water for agricultural lands and food production
  • Preservation of natural water systems
  • Water quality
  • Maintenance and replacement of existing water infrastructure
  • Impacts of climate change on water supplies
  • Utah water law and policy
  • Role of policymakers
  • Science, technology, and innovation
To read the full report, click here.

Monday, July 17, 2017

Public Meeting Concerning the General Adjudication in Liberty Park Area

The Utah Division of Water Rights has set a public meeting to discuss the general adjudication of water rights in the Liberty Park area in Salt Lake County East Division of the Utah Lake / Jordan River Drainage (Area 57, Book 11). The Liberty Park area generally includes the area from 300 West on the west to 1100 East on the east, and from 900 South on the north to 2100 South on the south (see map below). The following information is from the public meeting notice:

What: Public Meeting
Who: Water Users within the Liberty Park area
When: August 2, 2017, 6:00 to 7:00 pm
Where: Department of Natural Resources, Room 1050, 1594 W. North Temple, Salt Lake City
Purpose: In accordance with Chapter 73-4, Utah Code Annotated, and the Third Judicial District Court (Civil No. 365729828), the State Engineer is authorized and ordered to conduct a general determination of the rights to the use of all water, both surface and underground, within the drainage area of the Liberty Park Subdivision, Salt Lake County East Division, of the Utah Lake and Jordan River drainage in Salt Lake County. Efforts are currently underway and over the next few months, representatives of the Division of Water Rights will be working in the Liberty Park area to survey existing water rights and investigate water user's claims. In light of this work, the public is invited to a public meeting. Representatives from the Division of Water Rights will be available during this time to discuss the adjudication process, review water rights within the area, and answer questions. If individuals cannot attend, but have questions regarding the adjudication process or water rights within the Liberty Park area, please contact Josh Zimmerman at (801)538-7240.
Agenda:
1.  Introduction (Blake Bingham, P.E. - Adjudication Program Manager)
2.  Adjudication Process Presentation
3.  Public Comments and Questions

For more information about the meeting, click here.