by Graham J. Gilbert On June 22, 2020, the Utah Division of Water Rights (also referred to as the State Engineer’s Office) released a new tool to assist with tracking permanent water right change applications. Change applications propose modifications to existing water rights. For instance, a change application may modify a water right’s point of […]
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By Justin L. Carley & Tom A. Skelly In Nevada, water is a public resource, meaning no person or entity can hold ownership title, but at most can enjoy the right to beneficial use. A party who wishes to appropriate water must apply for a permit from the State Engineer. If the applicant shows that […]
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by Graham Gilbert This article discusses a specific aspect of the Utah Lake/Jordan River General Water Rights Adjudication: options if you miss the deadline for filing a Statement of Water User’s Claim and your water rights end up on the List of Unclaimed Rights. Before tackling this topic, I want to offer some background about […]
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by Graham J. Gilbert Bear Lake straddles the Utah-Idaho border. While it was originally an isolated, natural lake, improvements installed over a century ago connected the lake to the nearby Bear River and allowed it to be operated as a reservoir. Outflow from Bear Lake now enters the Bear River, which flows north and west […]
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By L. William Staudenmaier Several months ago, an earlier post in this blog described a decision by the Ninth Circuit Court of Appeals that recognized a federal reserved water right to groundwater [see Ninth Circuit Holds that Federal Reserved Water Rights Extend to Groundwater]. The Ninth Circuit’s decision has very significant implications for water users […]
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by Christopher W. Payne The Ninth Circuit Court of Appeals will soon determine whether the Agua Caliente Band of Cahuilla Indians has a federal reserved right to groundwater in a water rights case that could set a precedent for tribes across the West. The case is entitled Agua Caliente Band of Cahuilla Indians v. Coachella […]
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