Water Judges

The Utah Judicial Council previously approved a rule allowing for water judges to serve at the district court level. The rule went into effect on November 1, 2022, and the Council has approved nine judges to serve as water judges. These judges are:

• First District Court – Judge Angela Fonnesbeck

• Second District Court – Judge Jennifer Valencia

• Third District Court – Judge Laura Scott, Judge Patrick Corum, and Judge Kent Holmberg (possibly short-term)

• Fourth District Court – Judge Kraig Powell

• Fifth District Court – Judge Ann Marie McIff Allen and Judge Michael Westfall (possibly short-term)

• Eighth District Court – Judge Greg Lamb

District Court Water Judges - rule adopted

In a prior post, I discussed a proposed amendment to the Utah Code of Judicial Administration that would allow for the appointment of district court water judges. Rule 6-104 has now been formally adopted and will become effective on November 1, 2022. 

The adopted rule has a few changes from the original proposed rule. 

First, section 6 of the original proposed rule required water judges to publish any opinion that decided a water law case of first impression. Some people were concerned that publishing the opinions gave the impression that they were binding decisions. Section 6 of the adopted rule requires judges water judges to post decisions in water law cases of first impression. 

Second, section 8 was added to clarify that nothing in the rule affects the venue of a water law case.

To read the full text of the adopted rule, click here.  

District Court Water Judges

The Utah Judicial Council has proposed an amendment to the Code of Judicial Administration that would allow for the appointment of water judges. The amendment would add Rule 6-104 entitled "District Court Water Judges." 

The Utah Judicial Council would formally designate at least three district court judges as water judges. The Judicial Council will consider a judge's knowledge and experience in relation to water right cases, as well as a judge's willingness to become familiar with water law. If a water law case is filed in district court, a party to the action can request to have the case assigned to a water judge. The case will be reviewed and possibly granted by the judge originally assigned to the case (if the case is filed under a provision of Title 73, Chapters 3 or 4 of the Utah Code) or by the supervising water judge (if the case is not filed under a provision of Title 73, Chapters 3 or 4 of the Utah Code). A case will be assigned to a water judge on a random basis.

The water judges will elect a supervising water judge to serve a two-year term. The supervising water judge will assign water cases, coordinate schedules and facilities, address concerns regarding the management of water cases, and overseeing the use of resources to develop water law expertise and facilitate consistency in the development of case precedents in the water law area. 

If a water judge does not have a full caseload of water cases, the judge will hear non-water law cases to maintain a full court calendar. Water judges do not serve for a specific term, but can only serve so long as they are district court judges and they can resign as a water judge at any time. 

The proposed rule also provides that if a water judge decides a water law case of first impression, or a case that creates new law or gives new guidance, the opinion will be published (although the rule does not say exactly where the opinion will be published).

To read the full proposed rule, click here. The Council is accepting comments on the proposed rule until April 28, 2022.