Blog Archives

Utah Supreme Court Clearly Establishes Partial Forfeiture

This month, in Delta Canal Co. et al v. Frank Vincent Family Farm, the Utah Supreme Court established that partial forfeiture has always been a part of Utah water law.   Plaintiffs were a group of irrigation companies in Millard

Posted in Water Rights

Utah Water Right Takings

Article I, section 22 of the Utah Constitution states that “private property shall not be taken or damaged for public use without just compensation.”  A taking is “any substantial interference with private property which destroys or materially lessens its value,

Posted in Water Rights

Meguerditchian v. Smith: Court Provides Guidance Regarding Adequate Water Right Description in Sheriff Sales

Introduction   In 2008, the trial court awarded Meguerditchian $55,000 in a breach of contract action.  Meguerditchian filed for a writ of execution, listing private and real property and water rights belonging to Smith.  The trial court approved the writ

Posted in Water Rights

UTAH SUPREME COURT DEFINES WHEN A MUTUAL WATER COMPANY MAY BE REGULATED BY THE PUBLIC SERVICE COMMISSION

In Bear Hollow Restoration, LLC v. Public Service Commission of Utah, 2012 UT 18, the Utah Supreme Court addressed whether a mutual water company is a public utility subject to regulation by the Public Service Commission of Utah (Commission). Bear

Posted in Water Rights

Utah Supreme Court Defines When Water Company Shares Are Appurtenant to Land

Jon Schutz and David Wright   In Sanpete America, LLC v. Willardsen, 2011 UT 48 (issued August 16, 2011), the Utah Supreme Court defined when water shares may be appurtenant to land and pass with land conveyances.     Background

Posted in Water Rights

United States Supreme Court Hears Arguments on Interstate Water Case – Flooding to Sprinkler Irrigation Issues

Last week, the United States Supreme Court heard arguments from the States of Montana and Wyoming regarding their interests in the Powder and Tongue rivers, which flow from Wyoming into Montana, and are tributaries to the Yellowstone River.  The Court

Posted in Water Rights

Utah Stream Access Coalition Files Suit Challenging Public Waters Access Act

On November 12, the Utah Stream Access Coalition filed suit in Wasatch County challenging the Public Water Access Act.  The Utah legislature passed this act in 2010.     The suit names Victory Ranch, Silver Creek-Robert Larsen Investors, Wasatch County

Posted in Water Rights

Present Perfected Rights on the Colorado River

Water rights of the Colorado River are governed by the “Law of the River.”  The Law of the River is made up of interstate compacts, a series of federal laws, and with several United States Supreme Court cases.  The documents

Posted in Water Rights