Public Meeting Concerning the General Adjudication in Upper Provo River Area

The Utah Division of Water Rights has set a public meeting to discuss the general adjudication of water rights in the Upper Provo River area in the Provo River Division of the Utah Lake/Jordan River Drainage (Area 55, Book 15). The Upper Provo River area boundaries are shown on the map below. The following information is from the public meeting notice:

What: Public Meeting
Who: Water Users within the Upper Provo River area
When: January 26, 2023, 6:00 to 7:00 pm
Where: Francis Community Center, 2319 South Spring Hollow Road, Francis, Utah

Purpose: In accordance with Chapter 73-4, Utah Code Annotated, and the Third Judicial District Court (Civil No. 365729854), 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 Upper Provo River Subdivision, Provo River Division, of the Utah Lake and Jordan River drainage in Wasatch County. Efforts are currently underway and over the next few months, representatives of the Division of Water Rights will be working in the Upper Provo River 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 Upper Provo River area, please contact the Division of Water Rights at 801-538-5282.

Agenda:
1.  Introduction
2.  Adjudication Process Presentation
3.  Public Comments and Questions

For more information regarding this meeting, click here.

Public Meeting Concerning the General Adjudication in Francis / Woodland Area

The Utah Division of Water Rights has set a public meeting to discuss the general adjudication of water rights in the Francis/Woodland area in the Provo River Division of the Utah Lake/Jordan River Drainage (Area 55, Book 14). The Francis/Woodland area boundaries are shown on the map below. The following information is from the public meeting notice:

What: Public Meeting
Who: Water Users within the Francis/Woodland area
When: January 26, 2023, 6:00 to 7:00 pm
Where: Francis Community Center, 2319 South Spring Hollow Road, Francis, Utah

Purpose: In accordance with Chapter 73-4, Utah Code Annotated, and the Third Judicial District Court (Civil No. 365729853), 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 Francis/Woodland Subdivision, Provo River Division, of the Utah Lake and Jordan River drainage in Wasatch County. Efforts are currently underway and over the next few months, representatives of the Division of Water Rights will be working in the Francis/Woodland 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 Francis/Woodland area, please contact the Division of Water Rights at 801-538-5282.

Agenda:
1.  Introduction
2.  Adjudication Process Presentation
3.  Public Comments and Questions

For more information regarding this meeting, click here.

Public Meeting Regarding Appropriation Policy for Bear River Basin

The Utah Division of Water Rights has set a public meeting to discuss the appropriation policy for the Bear River Basin in Box Elder County (Area 29). The policy change is being driven in part by Governor Cox's recent proclamation to close the Great Salt Lake drainage to new water appropriations. The following information is from the public meeting notice:

What: Public Meeting
Who: Bear River Basin Water Users
When: February 6, 2023, 7:00 - 8:30 p.m.
Where: Multi-Purpose Room at USU Brigham City, 989 South Main, Brigham City
Purpose: The purpose of the meeting is to present a proposed update to the appropriation policy in the Bear River Basin area of Box Elder 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.

Agenda:
1. Welcome/Introduction
2. Summary of Current Appropriation Policy and the Governor's Proclamation
3. Update to Appropriation Policy
4. Public Questions/Comments

The meeting will also be broadcast via Internet at https://waterrights.utah.gov/publicmeetings.

If you are unable to attend the meeting, you can provide written comments to the Division of Water Rights at PO Box 146300, Salt Lake City, UT 84114-6300.

For more information about the meeting, click here.

For current water right policies in Area 29, click here.

Public Meeting Concerning the Groundwater Management Plan for Goshen Valley

The Utah Division of Water Rights has set a public meeting to discuss the groundwater resources, appropriation policy, and groundwater management plan for Goshen Valley. The following information is from the public meeting notice:

What: Public Meeting
Who: Goshen Valley Water Users
When: January 24, 2023, 6:00 - 8:00 p.m.
Where: Goshen Elementary School, 60 North Center Street, Goshen, UT 84633
Purpose: The purpose of the meeting is to present the results of a recently published hydrology study performed by the Utah Geological Survey and to discuss the groundwater appropriation policies and groundwater management plan in the 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.

Agenda:
1. Welcome/Introduction
2. Summary of Groundwater Hydrology Study by UGS Staff
3. Appropriation Policy and Groundwater Management Plan Discussion
4. Public Questions/Comments

The meeting will also be broadcast via Internet at https://waterrights.utah.gov/publicmeetings.

If you have groundwater rights in the Goshen Valley area, you may want to attend the public meeting, as the policies and plans that will be discussed could have a significant impact on your water rights.

For more information about the meeting, click here.

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

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

Public Meeting Concerning Development of a 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: January 9, 2023, 6:00 - 8:00 p.m.
Where: Parowan High School auditorium, 168 North Main Street, 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.

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

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.

Proclamation Closing Great Salt Lake Basin to New Water Right Appropriations

Governor Spencer Cox has issued a proclamation closing the entire Great Salt Lake basin to new water right appropriations. This includes Bear River and its tributaries, Bear Lake and its tributaries, Jordan River and its tributaries, Weber River and its tributaries, and all other sources tributary to the Great Salt Lake in Box Elder County, Weber County, Davis County, and Salt Lake County.

The proclamation was deemed necessary based on the historic low water levels in the Great Salt Lake. 

The exceptions to the proclamation are:

1--applications for non-consumptive uses; 

2--applications that include a mitigation plan to offset depletion; and

3--applications for small amounts of water that comply with State Engineer basin policies.

To read the press release from the Governor's office, click here.

To read the proclamation, click here.

Public Meeting Concerning Groundwater Policies for Juab Valley

The Utah Division of Water Rights will be holding a public meeting to present the results of a recently published groundwater hydrology study and to present updates to the groundwater appropriation policies for Juab Valley. The information below comes from the public meeting notice.

What: Public Meeting

Who: Juab Valley Water Users

When: December 12, 2022, 6:00 - 8:00 p.m.

Where: County Commission Chambers, 160 North Main, Nephi

Purpose: The purpose of the meeting is to present the results of a recently published groundwater hydrology study performed by the Utah Geological Survey and to present updates to the groundwater appropriation policies in the valley. The development of a groundwater management plan will also be discussed. 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
1594 West North Temple Suite 220
PO Box 146300
Salt Lake City, UT 84114-6300

Agenda for December 12, 2022 Public Meeting
1. Welcome/Introduction
2. Summary of Groundwater Hydrology Study by UGS Staff
3. Updated to Groundwater Appropriation Policy
4. Groundwater Management Plan Discussion
5. Public Questions/Comments

In accordance with the Americans with Disability Act, individuals needing special accommodations should notify Marianne Burbidge at (801) 538-7370 at least three (3) days prior to the meeting. 

Information from the meeting will be posted on the Utah Division of Water Rights website at http://waterrights.utah.gov as a resource for those who are unable to attend the meeting or require additional information.

For more information about the public meeting, click here.

2023 Legislation: Water Related Liability Amendments

Rep. Carl Albrecht is sponsoring proposed legislation in response to concerns from his constituents who utilize irrigation water from canals that divert Sevier River water across the Sevier Valley. The irrigation companies that operate the canals have had problems in the past with thunderstorms flowing down the nearby canyons and flooding the canals, which exceeds the capacity of the canals and floods out neighboring properties, particularly when the floodwater fills the canals with debris. Some canals are not insured for flooding, leaving them fully exposed to liability for such events, while others that are insured often lose their insurance when such claims are paid out. In addition, it is fairly common for these canals to be used by municipalities and others to convey stormwater, sometimes without permission, further exposing the canal owners to liability. 

The bill proposes amending Utah Code section 73-1-8, which addresses the duties of canal owners or operators and their liability. The bill would expand the section’s applicability by changing the existing “ditch, canal, flume or other watercourse” language to “water facility,” which includes any facility “used for the diversion, transportation, distribution, measurement, collection, containment, or storage of water.” Identical language has already been inserted into two other sections of Title 73, Chapter 1 that apply to the operation of canals to reflect the changing uses of canals and the need to extend protections to other types of water facilities as well. Among other things, the bill shields the owners or operators of water facilities from liability for damage or injury caused by “the diversion or discharge of water or another substance into the water facility by a third party” without permission, or “an act of God, including fire, earthquake, storm, flashfloods, or similar natural occurrences.” In addition, the bill clarifies that water facility owners or operators have a duty of “ordinary care” to maintain the water facilities to prevent the waste of water or property damage, rather than a higher degree of liability which courts have threatened to impose on canals in particular in recent years.

The Natural Resources, Agriculture, and Environment Interim Committee unanimously adopted this draft legislation as a committee bill in its August 17, 2022 meeting. In addition, the Legislative Water Development Commission endorsed the bill in its September 22, 2022 meeting. As an interim committee-sponsored and approved bill, it should move directly to the House floor without an additional committee hearing when the 2023 General Session of the Utah Legislature gets underway in January.

The text of the proposed bill can be found here.   

  

Utah Water Rights - Interview on Real Estate Edge

I was recently interviewed about Utah water rights and water law on the Real Estate Edge podcast. It was a great opportunity to discuss what water attorneys do, some basics of Utah water law, and water policy considerations.