Monthly Archives: March 2016

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USACE Section 404 Permit

Section 404 violation undisclosed in Favero

Section 404 of the Clean Water Act (“CWA”) sets forth a program to regulate the discharge of dredged or fill material into the waters of the United States (“WOTUS”), including wetlands.  Section 404 regulates a number of activities in the WOTUS, including fill development, water resource projects (such as dams and levees), infrastructure development (such as highways and airports) and mining projects.  Before dredged or fill material may be discharged into the WOTUS a permit must be obtained, unless the

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Utah Lake/Jordan River drainage basin General Adjudication

General Adjudication of water rights in Utah

What is a General Adjudication? General Adjudication is a legal process to determine who has a valid water right, how much water can be used, and who has priority during shortages. Upon a Petition, the State Engineer May Investigate Water Rights and File an Action for General Adjudication Pursuant to Utah Code section 73-4-1, “five or more, or a majority of, water users of a water source” may petition the State Engineer to investigate “the rights of all claimants to the

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Utah Water Law 2016 Final Update

The 2016 General Session of the 61st Utah State Legislature concluded on March 10, 2016.  This year’s legislative session produced a number of Utah water law bills, some of which passed and others that did not.  The following represents a list of those Utah water law bills that were passed into law during the legislative session, as well as a shorter list of those Utah water law bills that did not pass.  In all, the Utah State Legislature considered 19

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Algal Blooms

New Utah Water Quality Health Advisory Panel

In April 2015, Erica Gaddis, Assistant Director of the Utah Division of Water Quality (“DWQ”), sent a memo to its agency and stakeholder water quality partners announcing that “DWQ is organizing a Water Quality Health Advisory Panel whose objectives are to coordinate and communicate on water quality issues associated with specific public health concerns.”

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WQS

National WQS updated under EPA final rule

In august 2015, the administrator of the Environmental Protection Agency (“EPA”) signed a final rule updating six significant areas of the federal water quality standards, or WQS for short, regulation, which assists the EPA in implementing the Clean Water Act (“CWA”).  According to the EPA: The final revisions provide a better-defined pathway for state and authorized tribes to improve water quality, protect high quality waters, increase transparency and enhance opportunities for meaningful public engagement at the state, tribal and local levels.

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Lake Powell Pipeline project flooded by newly passed legislation

The Lake Powell Pipeline may have just received some of the financial backing it has been looking for. In a recent Utah water law posting, we recapped the significant water law legislation that had been introduced during the 2016 General Session.

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Nonuse application cannot protect long-dormant water right from challenge, Fourth District Court Judge says in Christensen & Jensen case

In a recent Christensen & Jensen (“C&J”) state court water law case, C&J’s client, a large water conservancy district, and other water entities successfully fended off an attempt by Defendant South Utah Valley Municipal Water Users Association (“SUVMWA”) to resurrect a substantial but long-dormant water right. The water right at issue in the case was last used by Defendant’s predecessors more than 70 years prior to Defendant’s nonuse application.  At stake was approximately 4,000 acre feet of water that SUVMWA

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standing

Standing to seek judicial review of an order of the state engineer; Utah Court of Appeals holds that appellants were not “aggrieved parties” for purposes of the UAPA in Utah Alunite Corp. v. Jones

Under the Utah Code, “[a] person aggrieved by an order of the state engineer may obtain judicial review in accordance with [the Utah Administrative Procedures Act]” and section 73-3-14.  However, whether an aggrieved person has standing to seek judicial review of an order of the state engineer requires reference to not only Utah Code section 73-3-14, but the Utah Administrative Procedures Act (“UAPA”) as well. In, Utah Alunite Corp. v. Jones, the Utah Court of Appeals was faced with determining

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