From Deseret News archives:
Utah farmers are told to use water or lose it
"The whole thing is a little goofy in my mind," said Dan Jensen, a water attorney with Parr Waddoups Brown Gee & Loveless. "We're in a drought. So it's considered unpatriotic if you use your sprinklers when it's raining. But when you buckle down and conserve, you get penalized."
In 2002, the Legislature modified provisions of Utah's water law to address the problem of what's often referred to as "partial" forfeiture when people aren't using their full water allocation. What had been a long-standing right, allowing people to keep their water rights as long as they use at least some of it over a period of five years, is no longer the case.
Now, water users are under enormous pressure to use their entire water allocation because if they fail to use some of the water for five years without notifying the state, their right to it is automatically forfeited. The unused portion of that water right then reverts to the public.
It's been one of the most heated issues in this dry desert state where water rights are sacrosanct.
Despite what appears to be a mixed message the state continues its publicity campaign asking Utahns to "slow the flow and conserve H2O" water officials say the changes to the law were needed.
"What it is trying to do is basically say water is in short supply," said State Engineer Jerry Olds. "We need to make sure it is used to its full intent. You can't just acquire a water right you don't intend to use."
A lawsuit in the late 1990s prompted the revisions in the law. The Washington County Water Conservancy District sued over the state engineer's approval that allowed the LDS Church to change the location of its water right in Washington's County's Harmony Basin. The water conservancy district claimed that all or part of the church's water rights had been forfeited because the church had not been using its entire water allocation. The lawsuit was eventually dismissed.
"We beat each other up so badly," Olson said, that state officials felt the law needed work.
At the heart of HB58, sponsored by Rep. Mike Styler, R-Delta, is to instill a state policy of "securing the maximum use and benefit of its scarce water resources."
Comments
- Duchesne developers charged 3:16 p.m.
- Hall closing in on victory milestone 3:15 p.m.
- Pentagon defusing roadside bombs 3:11 p.m.
- Palin confirms tension with aides 3:08 p.m.
- Stock market dragged lower 3:07 p.m.
- 'Pirate Radio' fun rock 'n' roll movie 3:02 p.m.
- Cast second fiddle to '2012' effects 3:02 p.m.
- 'Men' goofily targets big business 3:02 p.m.
- Cast helps 'Play the Game' 3:02 p.m.
- Elk Ridge eyeing late payments 3:01 p.m.
- House passes health care bill
312 - SLC council OKs gay rights policies
303 - TCU showdown has big implications
195 - Senators want food tax restored
158 - Cougars crush hapless Cowboys
155 - Utah Jazz fall apart against Kings
131 - Will state consider gay rights law?
127 - TCU 4th in AP poll; U. 16th, Y. 22nd
119 - Letters: Strange breed in Utah
115 - S.L. vote pending on gay protections
110
One of my guilty pleasures is perusing the covers of celebrity magazines...
The galactic center shines like firelight through gaps in …
Why didnt you respond to the poster at 2:45 proving your facts are nothing...
Not all athletes are Catholic. They get a free education. I know of 10...
To the couple of people who tried to help me understand. I am still confused...
To "Keith In Colorado", Well stated as bottom line! Just because something...
"Hey we're kinda healthier than Cubans in a stat or two. Yeah! " You...
Rush Limbaugh flew to Afghanistan and told our troops: "Democrats want you to...
Mainstream? Not mainstream? Depends on what stream you are paddling your boat...
Maybe I wasn't clear, but I was not arguing that Medicare is a ponzi scheme....
'How would allowing more marriage decrease divorce?' - 3:24 p.m. Ok. I'll...
TIME FOR SLOAN TO "TOY" WITH A TRACTOR IN ILLINOIS. IT IS TIME TO HANG EM UP...



You can be the first to comment on this story.