State Engineer v. Johnson

The Utah Court of Appeals recently issued its decision in the case of Utah State Engineer v. Johnson. This case is part of the larger General Adjudication for the Utah Lake / Jordan River area.

In 1981, East Warm Creek Irrigation and Canal Company filed a Water User's Claim in the General Adjudication, which claimed the right to divert 4.96 cfs for the irrigation of 407.5 acres and stockwatering of 250 head. In 1985, the State Engineer filed the Proposed Determination with the district court, which included the Company's claimed water right. No one (including the Company) objected to the Company's claimed water right in the Proposed Determination.

In 1999, the Company filed a Diligence Claim with the State Engineer, which asserted the right to irrigate an additional 64.6 acres. The Company asserted that these 64.6 irrigated acres had been unintentionally omitted from its 1981 Water User's Claim. Two weeks after filing the Diligence Claim, the Company transferred a 50% interest in the Diligence Claim to Evan Johnson.

In 2000, the State Engineer filed an Amendment to the Proposed Determination with the Court, which recommended that the Company's Diligence Claim be disallowed. Johnson objected to the Amendment. Following several years of discovery and negotiation, the State Engineer moved for summary judgment on Johnson's objection. The State Engineer argued that the Diligence Claim was barred by Section 73-4-9 of the Utah Code and that the Diligence Claim could not modify the Proposed Determination because the only way to modify a Proposed Determination is through a properly filed objection -- which had not been filed. The district court agreed the State Engineer, and dismissed Johnson's objection. Johnson appealed to the Utah Court of Appeals.

Johnson argued that the Diligence Claim was proper and that the State Engineer denied his due process rights by issuing the Amendment to the Proposed Determination, which recommended that the Diligence Claim be disallowed. The Court of Appeals disagreed, and noted that Section 73-4-9 of the Utah Code specifically provides that a person who fails to timely file a claim in the General Adjudication "shall be forever barred and estopped from subsequently asserting any rights, and shall be held to have forfeited all rights all rights to the use of the water therefore claimed by him." Thus, the Court concluded that because the Company's 1981 claim asserted the right to irrigate only 407.5 acres, and because the Company did not object to this right as contained in the Proposed Determination, the Company was statutorily prohibited from later asserting additional irrigated acreage under the 1999 Diligence Claim. The Court of Appeals further held that Johnson's due process rights were not violated because Johnson's predecessor (the Company) had proper notice of the General Adjudication process, as evidenced by the fact that the Company participated in the General Adjudication proceedings.

Johnson also argued that the State Engineer should have been prohibited from seeking summary judgment due to its failure to prosecute the case in a timely manner. The Court of Appeals again disagreed. The Court of Appeals noted that General Adjudications are "highly unusual in nature" and take longer than normal cases. The Court also noted that Johnson had an obligation and opportunity to move the litigation forward, and did not do so. Finally, the Court noted that Johnson and the State Engineer had engaged in lengthy negotiations, which included a failed stipulation, which were a reasonable cause for delay in the case proceedings.

The Court of Appeals therefore affirmed the district court's dismissal of Johnson's objection. The end result is that the Company's Diligence Claim is disallowed, as proposed in the Amendment to the Proposed Determination.

To read the full opinion, click here.

Public Meeting Concerning the General Adjudication in Dimple Dell Area

The Utah Division of Water Rights has set a public meeting to discuss the general adjudication of water rights in the Dimple Dell area in Salt Lake County East Division of the Utah Lake/Jordan River Drainage (Area 57, Book 24). The Dimple Dell area generally includes the area between 8600 South on the north, 10600 South on the south, 700 East on the west, and the Dry Creek drainage boundary on the east (see map below). The following information is from the public meeting notice:

What: Public Meeting

Who: Water Users within the Dimple Dell area

When: July 17, 2018, 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. 365729841), 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 Dimple Dell 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 Dimple Dell 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 Dimple Dell area, please contact the Division of Water Rights at 801-538-5282.
Agenda:
1.  Introduction (Blake Bingham, P.E. - Assistant State Engineer)
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 this meeting, click here.