Strawberry Return Flow

About:

The Strawberry Valley Project (SVP) is a U.S. Bureau of Reclamation project that collects and stores water from the Strawberry River and its tributaries in the Uinta Basin in Utah under Water Rights Nos. 43-3001, 43-3102, 43-1259, and 51-2259. Water Rights Nos. 43-3001, 43-3102, and 43-1259 are certificated in the name of the United States in the amounts of 100,000 acre-feet, 60,000 acrefeet and 6,779 acre-feet, respectively. Underground Water Right No. 51-2259 is certificated in the name of the Strawberry Water Users Association in the amount of 7.0 cubic feet per second. Water diverted under the SVP water rights is released from storage in the Uinta basin and conveyed through tunnels, canals, and natural streams into Utah Valley in the Utah Lake-Jordan River drainage system, where it is used for SVP purposes. After such use, return flows from SVP diversions eventually commingle with water in Utah Lake. Consistent with the Utah Supreme Court's instructions in Strawberry Water Users Association v. Bureau of Reclamation, 2006 UT 19, this Court shall address the following issue pursuant to Utah Code Ann. §73-4-24 in this general adjudication of water rights: Whether the SVP is entitled to a credit under Utah law allowing subsequent use, either directly or by exchange, of the identifiable return flow from the additional water imported from the Uinta basin under the SVP water rights after the return flows have commingled with the water naturally occurring in Utah Lake.


Resources:

Notice for Publication
Notice for Mailing
Statement of Interest
Change of Address Form
Official Court Case
Notification Map
Proposed Determination
Signed Order Dismissing Objection
Signed Stipulation
07/07/2009 United States' Protests and Objections
07/13/2009 Objection To Proposed Determination (Lake bottom Irrigation Company, Magna water District, Payson City, Salem City, Spanish Fork City, South Farm LLC)
07/13/2009 Objection To Proposed Determination (High Line Canal Company, Strawberry Water Users Association)
01/22/2010 Scheduling Order
03/31/2010 (Proposed) Order Granting Leave to File Overlength Memorandum
03/31/2010 Petitioner's Memorandum in Support of Motion For Summary Judgment RE: Objectors' Lack of Standing
03/31/2010 Petitioners' Ex Parte Motion For Leave to File Overlength Memorandum in Support of Its Motion For Summary Judgment RE: Objectors Lack of Standing
03/31/2010 Petitioner's Motion For Summary Judgment RE: Objectors' Lack Of Standing
04/19/2010 State Engineer's Memorandum in Support of Petitioners' Motion For Summary Judgment RE: Objectors' Lack of Standing
04/21/2010 Notice to Appear to Participate Actively in the Litigation
10/01/2010 Judgment on Standing
10/26/2010 Notice of Appeal
05/25/2012 U.S. Withdrawal of Objection
07/06/2012 2012 UT App 184 - Magna Water v. Strawberry Water
09/27/2013 Order for Intervention of Provo River Water Users
06/17/2014 Order Dismissing Objection of Magna Water District and South Farm LLC
12/15/2014 Joint Motion to Confirm and Decree Proposed Determination 51-1-1
12/15/2014 Memorandum in Support of Joint Motion to Confirm and Decree Proposed Determination 51-1-1
12/16/2014 Interlocutory Decree, Proposed Determination 51-1-1

These posted documents are key documents in the course of this litigation. To view all of the documents filed in this case, including motions, memoranda, procedural orders, etc., please see the Utah Third District Court files at 450 South State Street, Salt Lake City, Utah, or, to view the documents on-line, at the Utah State Courts - XChange System (may require subscription).

1. What is this action?
In the case Strawberry Water Users Association v. Bureau of Reclamation, 2006 UT 19, the Utah Supreme Court instructed the District Court in the Utah Lake - Jordan River General Adjudication (Third Judicial District Court in Salt Lake County) to address the rights to return flow from water imported through the Strawberry Valley Project (SVP) to the Utah Lake drainage. The Supreme Court case may be found at http://www.utcourts.gov/opinions/supopin/Strawberry032406.pdf
The District Court has now established a procedure to notify potentially affected parties and to address the issue.

2. What issue will the Court address in this action?
The Court will address what happens to the identifiable SVP return flow after it commingles with the water in the Utah Valley and downstream. The question is whether the SVP, which imports the SVP water to Utah Valley, can retain ownership and control over the identifiable component of the return flow, or whether the return flow becomes part of the naturally occurring water in the basin available for use by all appropriators.

The specific issue, as stated in the Notice, is:
Whether the SVP is entitled to a credit under Utah law allowing subsequent use, either directly or by exchange, of the identifiable return flow from the additional water imported from the Uinta Basin under the SVP water rights after the return flows have commingled with the water naturally occurring in Utah Lake.

3. What are the Notice and the Statement of Interest?
The Notice is a formal statement describing the action in District Court and giving directions on how to participate in the action and how to receive further information. The Statement of Interest is a document that a person wishing to participate in the litigation must fill out and return to the State Engineer's Office. Those persons will then be added to a Master Mailing List, which will be the mailing list for subsequent court documents, including the State Engineer's Recommendation.

4. How do I fill out the Statement of Interest?
Fill out the Statement of Interest form online, print it, and mail it to the State Engineer's Office at the address at the bottom of the form if you desire to participate in the litigation or to receive direct notice of the proceedings, including the State Engineer's recomendation. Most of the form is self-explanatory. If you wish to have your designated representative, such as an attorney, receive the notices, you should include that address. Note that filling out the Statement of Interest will not automatically update your address on the records of the Division of Water Rights – you will need to file a change of address form to do that. Also, note that the person mailing the Statement of Interest to the State Engineer's Office should sign the certificate of mailing at the bottom of the Statement of Interest form.

5. Why am I getting this notice?
The District Court determined that persons who are owners of record of certain water rights in the Utah Lake - Jordan River drainage should receive notice by mail. The notice has also been published in local newspapers. The water rights that might be affected, directly or indirectly, include surface water rights in the Utah Lake and Jordan River drainage and ground water rights in the Utah Lake basin and in Heber Valley. This determination does not mean that your water rights will or will not be affected; rather it means that you are entitled to notice of the proceeding.

6. How might my water rights be affected?
This action will not modify or disallow any of your existing water rights. The action will address the SVP return flow, but will not adjudicate any other existing water rights, including your irrigation or domestic water rights. This action may affect existing water rights if the block of water represented by the SVP return flow is available to satisfy early priority water rights in times of extreme water shortage. It is your judgment whether your water rights will be affected, and you must decide whether your water rights might be affected enough to justify active participation in this action. The degree to which your water rights might be affected depends on factors such as the source, the location of the point of diversion, the priority date, your judgment as to the probability and effect of extreme water shortages, and other factors.

7. Must I participate in the litigation?
Whether you participate actively in the litigation is your decision. You will be bound by the eventual result and decision regardless of whether you participate actively. You may conclude it is necessary for you to participate in order to protect your interests, or you may conclude either that your interests do not justify active participation or that others will adequately represent your views.

You may look at this action as having four levels of participation:

  1. If you desire to speak at court about the disposition of the SVP return flow, you must file a Statement of Interest.
  2. If you wish to be informed of the proceedings, you may file a Statement of Interest but not participate actively in the litigation. You will receive copies of all documents filed in the court proceedings. (Because of the anticipated volume of such filings, we recommend that you choose to receive the documents in electronic form rather than printed copies.)
  3. If you do not need to receive copies of all documents filed in the litigation but wish to follow the litigation, you do not need to file a Statement of Interest, but you can view the court documents on the State Engineer's web page (on this web site).
  4. You may decide you do not need to follow the proceedings at all.
8. Do I need to hire an attorney?
If you decide to participate actively in the litigation, you will need to decide whether to retain an attorney. Normal court rules apply. If you own your water rights as an individual, you may represent yourself in the litigation. If the water rights are owned by a partnership or a corporation, the owners must be represented by an attorney. If you represent yourself, you must comply with the rules and laws governing civil procedure and litigation.

9. Is there some way to follow the litigation without actively participating or hiring an attorney?
Yes. You may attend hearings and view court files at the Salt Lake County Courthouse, 450 South State Street, Salt Lake City, Utah. As the litigation proceeds, some pertinent documents and information will be posted on the State Engineer's web site: on this web site

10. What will the procedure be?
The procedure is outlined in the Notice and in the District Court's Order dated October 12, 2007. After the Notice is mailed and published, interested parties may file the Statement of Interest to receive further notice of the proceedings. Persons filing a Statement of Interest will be added to the Master Mailing List. (The Statement of Interest form is available in fillable pdf form at the State Engineer's web site.) After the notice period has run, the State Engineer will serve a State Engineer's Recommendation on parties that have filed a Statement of Interest and file a copy with the District Court. Persons will have ninety days from the date of service to file objections to the State Engineer's Recommendation. The District Court will then hold hearings on the objections.

11. Will there be an opportunity to raise other issues?
No.

12. How is this proceeding related to the Utah Lake- Jordan River General Adjudication?
This proceeding is based on a petition the Strawberry Water Users Association filed pursuant to section 73-4-24 of the Utah general adjudication statutes. It is a sub-case within the Utah Lake - Jordan River General Adjudication.

13. Why is electronic notice recommended?
Those who file a Statement of Interest and thereby choose to actively participate in the proceeding are considered parties to the litigation.Therefore, they will be sent copies of all the documents filed in the case, and if they choose to file any documents themselves, they will be required to send copies to all the other participants. If more participants elect to receive the notices by electronic means, it will save cost and effort for all participants.