Metropolitan Water District of Salt Lake & Sandy v. SHCH Alaska Trust

The Utah Supreme Court recently issued a decision in the case of Metropolitan Water District of Salt Lake & Sandy v. SHCH Alaska Trust. The case focused on the scope and size of an easement for a water pipeline, as well as a district's authority to regulate land use within the easement area.

The District owns an easement for a water pipeline across the Trust's property in Wasatch County. The Trust determined to build a commercial zipline course on its property, and received a conditional use permit from Wasatch County. The District purported to enact regulations restricting land use within the easement area on the Trust's property. Pursuant to these regulations, the District asserted that the Trust was required to obtain a license from the District before constructing the zipline course. The Trust moved ahead with the zipline course without obtaining the permit. The District then sued the Trust in district court and requested that the court order the Trust to comply with the District's regulations. The Trust counterclaimed and asked the court to determine the relative property interests of the parties, including the scope and size of the easement.

The district court ruled that Utah law granted regulatory authority to the District. Accordingly, the district court granted summary judgment to the District. The district court also determined that the easement was 200 feet in width. The Trust then appealed the decision to the Utah Supreme Court.

The Supreme Court first examined the District's assertion that it had regulatory authority. The District cited several provisions of the Utah Limited Purpose Local Districts Act to support its asserted authority. The Supreme Court reviewed each of these provisions and determined that none of them granted the District the authority to enact land use regulations that affect the property of others. The Supreme Court also noted that statutes governing land use regulations by cities and counties carefully define and limit the regulatory authority, and that it would be unreasonable to allow districts to exercise similar authority without the same limitations and public participation requirements.

The Supreme Court held that the District's rights with respect to the easement were no different than the rights that any other easement holder has. These rights include the right to prevent the landowner from unreasonably interfering with the easement. The case was remanded to the district court to gather the facts and determine if the Trust's zipline course unreasonably interfered with the District's pipeline easement.

The Supreme Court also reviewed the district court's determination that the pipeline easement was 200 feet in width. The original documents establishing the easement did not define the size or scope of the easement; rather, the documents created and undefined "floating easement." In 1961, an engineer for the US Bureau of Reclamation drafted a written description of the easement, which defined it as a 200-foot easement. The district court had determined that this description was determinative. The Supreme Court determined that the written description could be considered, but was not dispositive. The case was remanded to the district court to gather the facts and determine the extent and width of the easement.

To read the full opinion, click here.

Public Meeting Concerning a Distribution Plan for the Jordan River

The Utah Division of Water Rights has set a public meeting to discuss the initiation of a distribution plan for the Jordan River in Utah County and Salt Lake County. The following information is from the public meeting notice:

What: Public Meeting

Who: Jordan River and Utah Lake water users and other interested parties

When: December 3, 2019, 3:00 to 5:00 pm

Where: Room 1040 at Department of Natural Resources, 1594 West North Temple, Salt Lake City

Purpose: The purpose for the meeting is to discuss developing a management plan for the Jordan River. Personnel from the Division of Water Rights will be available to take all questions and comments provided by the general public and interested parties.
Agenda:
1.  Welcome/Introduction
2.  Jordan River Hydrology and Water Rights Presentation
3.  Public Comments and Questions
Comments: If you would like to provide input, please send written comments to:
Utah Division of Water Rights
Attn: Jordan River Public Meeting
PO Box 146300
Salt Lake City, UT 84114-6300
waterrights@utah.gov

A live stream broadcast of the public meeting will also be available online at this link.

For more information about this meeting, click here.

Retirement Celebration for Kent L. Jones

The Utah Division of Water Rights will be hosting a retirement celebration for State Engineer Kent L. Jones on Monday, November 4, 2019 from 3:00-5:00 pm at the Department of Natural Resources building.

Kent L. Jones Announces Retirement as State Engineer

Kent L. Jones, who has served as Utah State Engineer for the past ten years, has announced that he will be retiring from public service on November 16, 2019. The following information comes from the official announcement from the Utah Department of Natural Resources.

Kent L. Jones, P.E., the current state engineer and director of the Utah Division of Water Rights, has announced that he will retire from public service Nov. 16. Jones has spent almost 39 years with the division.

The governor appoints and the Utah Legislature approves the position of state engineer. Efforts are underway to identify and consider potential candidates.

Jones began his career with the division in 1981. While with the division, he has served in various roles, including assistant regional engineer for Utah Lake/Jordan River, regional engineer for the Weber River and West Desert, directing engineer for appropriations and title, and many more.

Jones was initially appointed state engineer by Gov. Jon Huntsman in 2009, and then reappointed to two additional four-year terms by Gov. Gary R. Herbert.

“I appreciate Kent’s commitment and years of dedication and service to the state of Utah,” said Gov. Herbert. “His leadership has played a vital role in the state’s ability to solve complex water challenges, and our ability to administer the appropriation and distribution of Utah’s water.”

As state engineer, Jones has represented the state and division through 11 legislative sessions and has been involved in a significant number of water right bills and adopted legislation. He has served as a technical advisor to the Utah Water Task Force and on the governor’s water strategy team.

Changes to Report of Conveyance Form

The Utah Division of Water Rights has made some changes to its Report of Conveyance form for a partial conveyance of a water right. The primary change is that the portion form now includes a cover page where you list the new owners name and contact information, fill out information regarding the portion being conveyed to the new owner, and fill out information regarding the portion being retained by the old owner(s).

The Report of Conveyance portion form can be filled out online by clicking here.

Public Meeting Concerning the General Adjudication in Provo Canyon Area

The Utah Division of Water Rights has set a public meeting to discuss the general adjudication of water rights in the Provo Canyon area in the Provo River Division of the Utah Lake/Jordan River Drainage (Area 55, Book 9). The Provo Canyon area generally includes the area in the Provo River drainage that is above the mouth of Provo Canyon and below Deer Creek Reservoir. The following information is from the public meeting notice:

What: Public Meeting

Who: Water Users within the Provo Canyon area

When: October 2, 2019, 6:00 to 7:00 pm

Where: Provo Recreation Center, 320 West 500 North, Provo

Purpose: In accordance with Chapter 73-4, Utah Code Annotated, and the Third Judicial District Court (Civil No. 365729848), 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 Provo Canyon Subdivision, Provo River Division, of the Utah Lake and Jordan River drainage in Utah County. Efforts are currently underway and over the next few months, representatives of the Division of Water Rights will be working in the Provo Canyon 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 Provo Canyon 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.

New Online Tool for Preparing Affidavits of Beneficial Use

The Utah Division of Water Rights has debuted a new online tool to help water right owners prepare Affidavits of Beneficial Use.

Under Utah law, a water right owner is required to file Proof on certain water right applications, including Applications to Appropriate, Exchange Applications, and Change Applications. A Proof must be prepared by a licensed engineer or surveyor. For small applications, however, a water right owner can prepare and file an Affidavit of Beneficial Use instead of having to file Proof. A small application is defined as an application for less than 1 home, 0.25 acres of irrigation, and 10 head of livestock.

The new online tool will make it even easier for water right owners to prepare and file Affidavits of Beneficial Use, as well as the maps required to accompany the Affidavits. The new tool is available here.

Groundwater Management Plan and Policy Update for Cedar City Valley

The Utah Division of Water Rights has set a meeting to discuss a groundwater management plan and policy update for Cedar City Valley in Iron County. The following information is from the public meeting notice:

What: Public Meeting
Who: Cedar City Valley water users
When: October 15, 2019, 6:30 pm to 8:30 pm
Where: Cedar High School Auditorium, 703 West 600 South, Cedar City
Purpose: The purpose of the meeting is to discuss a groundwater management plan and policy update for Cedar City Valley in Iron County.  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 are unable to attend the meeting, but would like to provide input, please send your written comments to:
Division of Water Rights
646 North Main St.
PO Box 506
Cedar City, UT 84721-0506

Agenda:
1. Welcome/Introduction
2. Groundwater Management Plan and Policy Update Discussion
3. Public Questions/Comments

For additional information regarding the meeting, click here.

Public Meeting Regarding Water Policy in Snake Valley

The Utah Division of Water Rights has set a public meeting to discuss the water right policy for Snake Valley, which includes parts of Iron County, Millard County, Juab County, and Tooele County. The following information is from the meeting notice:

Who:	Water Users in Snake Valley
When:	September 26, 2019, 5:00 p.m.
Where:	Eskdale High School 1000 Circle Drive Eskdale, Utah
Purpose:	The purpose of the meeting is to discuss water right policy in Snake Valley. Representatives from the Division of Water Rights will be available to answer questions and receive comments input from the public on prospective appropriation policy and management in the basin.
Agenda:	Presenting: Kent Jones, State Engineer, Michael Drake, Regional Engineer and Jim Reese 1. Introduction 2. Current Policy Overview 3. Current Conditions 4. Groundwater Management Plan Discussion 5. Public Questions and Input
Comments:	If you would like to provide input, please send written comments to:Utah Division of Water Rights Attn: Snake Valley Public Meeting P.O. Box 146300 Salt Lake City, UT 84114-6300 waterrights@utah.gov

Motion to Appoint Special Master in Virgin River General Adjudication

The Utah Division of Water Rights has filed a Motion with the Fifth District Court to appoint Rick L. Knuth as the Special Master for the General Adjudication of Water Rights in the Virgin River area. The following information is taken from the Division's notice regarding the Motion.

A motion to appoint R.L. Knuth as Special Master pursuant to Utah Rule of Civil Procedure 53 has been filed in the case entitled IN THE MATTER OF THE GENERAL DETERMINATION OF RIGHTS TO THE USE OF WATER, BOTH SURFACE AND UNDERGROUND, WITHIN THE DRAINAGE AREA OF THE VIRGIN RIVER IN WASHINGTON, IRON, AND KANE COUNTIES IN UTAH. This action is pending in the Fifth Judicial District in and for Washington County, State of Utah, Civil No. 800507596. The Division of Water Rights, also known as the Office of the State Engineer, has filed a motion to appoint R.L. Knuth as Special Master pursuant to Utah Rule of Civil Procedure 53. Parties may obtain a copy of the motion and associated documents at https://waterrights.utah.gov/adjdinfo/default.asp, or on file with the Fifth District Court. A party may object to the appointment of any person as a master on the same grounds as a party may challenge for cause any prospective trial juror in the trial of a civil action. Utah Rule of Civil Procedure 53(f). Such objections are due within 30 days of the final date of publication of this notice. Replies to opposing memoranda are due within 30 days of the final date for filing opposing memoranda. The Court has set a hearing on the motion on November 18, 2019 at 2:00 p.m. located at 206 West Tabernacle, St. George, Utah. For more information, please contact the Utah Division of Water Rights at (801) 538-7240 or the Attorney General’s Office at (801) 538-7227.

For more information and related documents, click here.