Wednesday, July 7, 2021

Update on Water Right Adjudications

Across the state, water right adjudications continue to move forward. As noted by the Utah Division of Water Rights, “[t]he water rights adjudication process helps to bring order and certainty to the water rights record throughout the state by defining existing rights, quantifying unknown rights, and removing unused and abandoned rights from the record through judicial decree.” This article provides updates on some of these water right adjudication proceedings.

In February 2021, the Division initiated a new adjudication in Daniels Creek, Area 55-11. The next areas to be adjudicated are:

·       Lake Creek, Area 55-12 (anticipated to begin in 2021)

·       Jordanelle, Area 55-13 (anticipated to begin in 2022)

·       Francis-Woodland, Area 55-14 (anticipated to begin in 2022)

·       Upper Provo, Area 55-15 (anticipated to begin in 2023)

 

In March 2021, the Division has issued the List of Unclaimed Rights for Midway, Area 55-10.

 

The Division has published Proposed Determinations in several areas:

·       Red Butte Creek, Area 57-3 (November 2020)

·       West Murray, Area 57-19 (December 2020)

·       Mill Creek, Area 57-15 (May 2021).

 

The Division anticipates publishing more Proposed Determinations in 2021. The next Proposed Determinations to be published are:

·       Liberty Park, Area 57-11

·       Parleys Creek, Area 57-14

·       Holladay, Area 57-16

·       West Big Cottonwood Creek, Area 57-17

·       Moab North, Area 05-02

·       Moab South, Area 05-05.

 

The Special Master and Third District Court continue to hear objections to Proposed Determinations in numerous adjudication areas, including three areas that pre-date the Special Master’s appointment:

·       Hobble Creek, Area 51-4

·       Goshen Valley, Area 53-1

·       Emigration Creek, Area 57-1.

It is critical that water right owners understand and participate in the adjudication process in their respective areas. Failure to do so could result in water rights being reduced or even disallowed in the adjudication proceedings.

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