Haik v. Jones

The Utah Supreme Court has issued its decision in the case of Haik v. Jones. The case started in April 2014 when Salt Lake City filed a change application to modify one of the City's water rights to add an additional 25 acres to the authorized place of use in order to allow for 10 homes to be built in Little Cottonwood Canyon. Mark Haik, who has engaged in several lawsuits against the City in the past two decades trying to force the City to serve water to his property in Little Cottonwood Canyon, protested the change application. Mr. Haik alleged, among other things, that the change application was not filed in good faith and that the City was violating the Utah Constitution, which prohibits cities from selling or otherwise disposing of its water rights. Despite Mr. Haik's protest, the State Engineer approved the change application.

Mr. Haik then petitioned the district court to review the State Engineer's decision. The City challenged Mr. Haik's standing to pursue the petition. The district court determined that Mr. Haik did not have proper standing, and dismissed his petition. Mr. Haik then appealed the district court's decision to the Utah Supreme Court.

The Supreme Court first analyzed whether Mr. Haik had "traditional standing." Utah Code section 73-3-14 provides that only "aggrieved" persons may seek judicial review of a State Engineer decision, and the Supreme Court has previously interpreted this statute to mean that a person must show "some distinct and palpable injury." Mr. Haik asserted that his status as a landowner in Little Cottonwood Canyon met this requirement. The Supreme Court disagreed, and held that Mr. Haik lacked traditional standing.

The Supreme Court then analyzed whether Mr. Haik qualified for "public interest standing." To qualify for public interest standing, a person must show that there is an issue of significant public importance and that the person is an appropriate party to pursue the action. Mr. Haik asserted that his constitutional claims met these requirements. The Supreme Court assumed, without deciding, that Mr. Haik's constitutional claims were of significant public interest. However, the Supreme Court determined that these claims were not properly before the court. The Supreme Court noted that the State Engineer does not have authority to adjudicate constitutional claims in a change application setting, and therefore constitutional claims could not be appealed to the district court and the Supreme Court.

Based on the foregoing, the Supreme Court affirmed the district court's dismissal of Mr. Haik's case.

To read the full opinion, click here.

Public Meeting Concerning the General Adjudication in Willow Creek Area

The Utah Division of Water Rights has set a public meeting to discuss the general adjudication of water rights in the Willow Creek area in Salt Lake County East Division of the Utah Lake/Jordan River Drainage (Area 57, Book 25). The Willow Creek area generally includes the area between 10600 South on the north, 12300 South on the south, the Jordan River on the west, and the Big Willow Creek and Little Willow Creek drainages boundary on the east (see map below). The following information is from the public meeting notice:

What: Public Meeting

Who: Water Users within the Willow Creek area

When: August 15, 2018, 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. 365729842), 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 Willow 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 Willow 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 Willow Creek 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.

Training on Water Right Title

The Division of Water Rights will be hosting a training session on ownership and conveyance of water rights. The training will be held on Wednesday, August 15, 2018 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. Please RSVP to Chris York at cyork@utah.gov if you would like to attend or for further information.