Public Meeting Concerning the General Adjudication in Draper Area

The Utah Division of Water Rights has set a public meeting to discuss the general adjudication of water rights in the Draper area in Salt Lake County East Division of the Utah Lake/Jordan River Drainage (Area 57, Book 26). The Draper area generally includes the area between 12300 South on the north, the Utah County-Salt Lake County boundary on the south and the east, and the Jordan River on the west (see map below). The following information is from the public meeting notice:

What: Public Meeting

Who: Water Users within the Draper area
When: November 14, 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. 365729843), 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 Draper 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 Draper 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 Draper 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.

 

Public Meeting Regarding Groundwater Management Plan for Parowan Valley

The Utah Division of Water Rights has set a public meeting to discuss the development of a Groundwater Management Plan for Parowan Valley. The following information is from the public meeting notice:

What: Public Meeting
Who: Parowan Valley Water Users
When: December 11, 2018, 6:00 p.m.
Where: Parowan City Office, 35 East 100 North, Parowan, Utah
Purpose: The purpose of the meeting is to discuss the development of a groundwater management plan for Parowan Valley. Personnel from the Division of Water Rights will be available to take all questions and comments provided by the general public and interested parties.

If you have groundwater rights in the Parowan Valley area (Area 75), you may want to attend the public meeting, as the Groundwater Management Plan could have a significant impact on your water rights.

For more information about the meeting, click here.

For current water right policies in the Parowan Valley area, click here.

EnerVest Ltd v. Utah State Engineer

The Utah Supreme Court recently issued its opinion in the case of EnerVest, Ltd. v. Utah State Engineer. The case focused on the issue of who has standing to appeal a district court's decision on an objection to a proposed determination.

Minnie Maud Creek is a stream in Duchesne County that is tributary to the Green River. The General Adjudication for Minnie Maud Creek was initiated in 1956, and the State Engineer issued a Proposed Determination in 1964. The Minnie Maud Reservoir and Irrigation Company ("MMRIC") was awarded twelve water rights in the Proposed Determination. Four objections were filed, which challenged eight of MMRIC's water rights.

In 2012, EnerVest filed a petition to expedite a hearing on the objections, which were still pending. The district court granted the hearing, but limited the scope to the question of whether MMRIC was correctly listed as the owner of the water rights. Several parties participated in the hearing, including EnerVest and Michael Carlson, who had not filed objections to the Proposed Determination, and the Hammerschmid Trust, who had filed an objection. EnerVest and the Hammerschmid Trust argued that MMRIC did not own the water rights, and Carlson argued that MMRIC did own the water rights. The district court agreed with Carlson, and ruled that MMRIC was correctly listed as the owner of the water rights in the Proposed Determination.

EnerVest and the Hammerschmid Trust appealed the decision to the Utah Supreme Court. During the pendency of the appeal, the Hammerschmid Trust voluntarily dismissed their appeal, leaving EnerVest as the sole appealing party. Carlson then challenged EnerVest's standing to continue the appeal.

The Utah Supreme Court first had to determine if the appeal was proper under Rule 54(b) of the Utah Rules of Appellate Procedure, which allows appeals for individual claims within a larger case. The Supreme Court concluded that the appeal was not proper for under Rule 54(b) because the district court did not offer a rationale for why the immediate appeal was necessary and because the district court's rulings were not final.

The Supreme Court then had to determine if the appeal was proper under Rule 5(a) of the Utah Rules of Appellate Procedure, which allows interlocutory appeals (i.e., appeals before a case is final). As part of this determination, the Supreme Court examined whether EnerVest had standing to pursue the appeal. The key fact in this analysis was that neither EnerVest nor its predecessor-in-interest had filed an objection to the Proposed Determination, and a party who does not timely object to a Proposed Determination acquiesces to the Proposed Determination as published. Because EnerVest had already acquiesced to the Proposed Determination, it lacked standing to appeal the district court's decision upholding the Proposed Determination. Furthermore, EnerVest could not pursue the Hammerschmid Trust's interests in the appeal. As the Supreme Court noted, "a non-objecting party's interests can piggyback on another party's objection, but only as far as the objecting party is willing to travel. Once the objecting party chooses to end its objection's journey, the non-objecting party cannot take over.

Based on these determinations, the Supreme Court dismissed the appeal for lack of appellate jurisdiction.

**On January 11, 2019, the Utah Supreme Court issued an amended opinion in this case. This article has been updated to reflect the amended opinion. To read the full amended opinion, click here.

Public Meeting Concerning the General Adjudication in Little Cottonwood Creek Area

The Utah Division of Water Rights has set a public meeting to discuss the general adjudication of water rights in the Little Cottonwood Creek area in Salt Lake County East Division of the Utah Lake/Jordan River Drainage (Area 57, Book 23). The Little Cottonwood Creek area generally includes the area between Bengal Boulevard on the north, 9400 South on the south, Highland Drive on the west, and the Little Cottonwood 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 Little Cottonwood Creek area

When: October 17, 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. 365729840), 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 Little Cottonwood 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 Little Cottonwood 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 Little Cottonwood Creek area, please contact the Division of Water Rights at 801-538-5282.
Agenda:
1.  Introduction (Gary Brimley, P.E. - Adjudication 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.