Monthly Archives: September 2016

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Utah Quality Growth Commission

Utah Quality Growth Commission enters watershed fray

In late August, the Utah Quality Growth Commission served as the latest forum for the seemingly never-ending debate between Salt Lake City water officials and private landowners over watershed management issues.  Private landowners have continually claimed that Salt Lake City’s “over-zealous” watershed protection has severely limited the landowners’ ability to develop their property in the Cottonwood canyons. Utah Quality Growth Act of 1999 In 1999, the Utah Legislature passed the Quality of Growth Act.  The Act was intended to address

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Water Use Authorization not an Enforceable Contract

Is a Water Use Authorization an enforceable contract?

In a recent case before the Utah Court of Appeals, the issue of whether a Water Use Authorization can constitute an enforceable contract came before the court.  In Brasher v. Christensen, the Utah Court of appeals was asked to overturn the trial court’s determination that a 2013 Water Use Authorization was not an enforceable contract.  Ultimately, the court of appeals upheld the lower court’s decision, finding that “the 2013 WUA was not, by itself, an enforceable contract.”  Furthermore, the court


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Cache County Water Conservancy District

Cache County Water Conservancy District on ballot

For more than a century now, Cache Valley communities have been able to keep water flowing from homeowners taps and farms properly irrigated without help from a formal water conservancy district.  However, as this November’s election arrives, Cache County voters will attempt (for a third time) to form the Cache County Water Conservancy District, which state politicians and local engineering firms say is needed to protect Cache Valley’s water resources. Proposed Purpose of the Cache County Water Conservancy District Cache

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UEP and TCWW in Fight over Short Creek Water Rights

TCWW in UEP crosshairs over Short Creek water rights

In January 2015, United Effort Plan trust (“UEP”) filed suit against Twin City Water Works (“TCWW”), alleging that for a number of years TCWW has unlawfully pumped water from UEP land without compensating UEP.  Additionally, UEP claimed that the utility was funneling revenues generated from Hildale and Colorado City residents to FLDS leaders and TCWW employees, while at the same time charging residents unreasonably high rates (i.e., $12,000 impact fee for a water meter) and providing little or no benefit

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