From: Water News
To: Spencer Cox,
Subject: SB35- Cancels 112 year old water laws to give control of Utah's Water to the Federal Government
Date: Wed Feb 11 06:00:37 MST 2015
Body:

Don't cancel 112 year old water laws to give control of Utah's Water to the Federal Government. Instead codify Big Ditch and Jensen Supreme Court Rulings to Utah's water under Utah's Control.

The Federal Government owns title but not use of massive amounts of Utah's water.  Do we want to go hat in hand ask permission to transfer water Utahn's own the right to use, but aren't owners of record?

Either codify Big Ditch, or leave 73-3-3 along.  It's worked for 12 years from 1903 to 2015.

SB35 - Gives The Federal Government (BOR) 100% Control to 75% of Utah's Stored Water (millions of acre-feet of water)


Why would the State Engineer appointed by Governor Herbert, some Senators/Representatives, Utah's Water Cartel and its 34 water lobbyists/lawyers paid with Utah dollars work to give control of Utah's water to the Federal Government? This does not make sense to the general public.


Who is the paid lobbyist for the small water users on the Hill? No one. This is why our water policies are unbalanced and so far left.


Utah is suing the Federal Government for control of 30 million acres of Federal land while Utah's Water Cartel runs legislation like SB35, and HB25 to give control of Utah's water to the Federal Government. How does that make and sense?


Who is really running SB35 and HB25? SB35 and HB25 solve non-existent problems. The problem in Utah is the Water Cartel not the Utah Supreme Court rulings like Big Ditch and Jensen


If SB35 were titled “Utah Water Transfer to the Federal Government Act,” no Senator or Representative would support it. But that is exactly what SB35 does.


From 1847 to 1903, a party with the right to the use of water could transfer it around without filing a change application. From 1903 to 2015, a party with the right to the use of water had transfer rights like 73-3-3. Out with 112 year old water law? Why?


It's not about Big Ditch and 4,000 shareholders having $200 million in private property taken for SLC's public use without paying just compensation. This is true. But it's about Utah's short sighted water mangers giving control of Utah's water to the Federal Government.


Utah Central Water Conservancy District is angling for Federal Government control of Strawberry Reservoir critical to moving water to Salt Lake County. Not only will 8,000 Strawberry Water shareholders be pushed aside by Utah Central Water Conservancy District after SB35 passes, but BOR will also have full control of Strawberry. CUWCD and BOR will “work together,” then BOR will throw CUWCD under the bus. Isn't that how is goes?


The Big Ditch and Jensen rulings are being manipulated as a Trojan horse and a Pandora's Box for a grander plan. Who owns massive amounts of water rights junior to private water rights in Utah? The BOR. Every senior private water right cut by HB25's new soft forfeiture power transfers water directly to BOR (Federal Government). Really? That is correct. That is the point.

Deer Creek Reservoir-Water Right Title is BOR – Water Use by Shareholders and Water Suppliers.


SB35 gives control of millions of acre-feet of Utah's water to the Federal Government. The Federal Judge will scratch his head and say, “Let me get this straight. Utah runs SB35 to change a 112 year old

water law to give control of millions of acre-feet of Utah's water to the Federal Government, and runs legislation to sue the Federal to take control of 30 million acres of Federal land?” Where is the logic in that?

Utah is gearing up for a potential legal battle with the federal government over its demand that more than 30 million U.S.-owned acres be transferred to its control, as legislators consider a lawsuit that would argue the state is better suited to manage public lands.” NGI's Shale Daily January 7, 2015


Incomplete list of Dams and Reservoirs in Utah with water title held by USBR with contract use rights owned by Utah water users.


  • Arthur V. Watkins Dam, Willard Bay, United State Bureau of Reclamation USBR

  • Causey Dam, Causey Reservoir, USBR

  • Currant Creek Dam, Currant Creek Reservoir, USBR

  • Deer Creek Dame, Deer Creek Reservoir, USBR

  • East Canyon Dam, East Canyon Reservoir, USBR

  • Echo Dam, Echo Reservoir, USBR

  • Flaming Gorge Dam, Flaming Gorge Reservoir, USBR

  • Huntington North Dam, Huntington Lake, USBR

  • Hyrum Dam, Hyrum Reservoir, USBR

  • Joes Valley Dam, Joes Valley Reservoir, USBR

  • Jordanelle Dam, Jordanelle Reservoir, USBR

  • Wanship Dam, Rockport Reservoir USBR

  • Kolob Crek Dam, Kolob Reservoir, USBR

  • Glen Canyon Dam, Lake Powell, USBR (dam in Arizona)

  • Little Dell Dam, Little Dell Reservir, US Army Corps of Engineers

  • Lost Creek Dam, Lost Creek Reservoir, USBR

  • Midview Dam, Midview Reservoir, USBR

  • Moon Lake Dam, Moon Lake Reservoir, USBR

  • Newton Dam, Newton Reservoir, USBR

  • Pineview Dam, Pineview Reservoir, USBR

  • Red Fleet Dam, Red Fleet Reservoir, USBR

  • Scofield Dam, Scofield Reservoir, USBR

  • Soldier Creek Dam, Strawberry Reservoir, USBR

  • Starvation Dam, Starvation Reservoir, USBR

  • Steinaker Dam, Steinake Reservoir, USBR

  • Statelie Dam, Stateline Reservoir USBR

  • Upper Stillwater Dam, Upper Stillwater Reservoir USBR




Attachment(s):
SB35 - Gives The Federal Government (BOR) 100% Control to 75% of Utah's Stored Water (millions of acre-feet of water).pdf