From Deseret News archives:

Utah farmers are told to use water or lose it

Published: Thursday, May 27, 2004 9:18 a.m. MDT
 |  E-MAIL | PRINT | FONT + - 
With Utah in its sixth year of drought, the Utah Legislature has given farmers an ironic ultimatum: Use all your water, or what's not used may be taken away.

"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.

Story continues below
"At times it appears water is like gun rights. It seems to touch more buttons than religion in this state," said Eric Olson, an attorney who has represented The Church of Jesus Christ of Latter-day Saints on water issues. "Partial forfeiture forces you to use water to its fullest when it makes no sense to use it."

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

You can be the first to comment on this story.

Image
Jeremy Harmon, Deseret Morning News

A rig for digging a water well sits in a field between Stansbury and Tooele. Water use and water rights are stirring heated debate in Utah.

Related content
previousnext

Latest comments

What a story! What an eye opener! Now lets get a public option (peopl's...

Boys basketball rankings

copperhills didnt you lose to the riverton jv team in the aau fall...

2 citations issued at Y.-U. game

To the 12:37 commentator, You do not understand the article correctly....

BYU says Hall incident resolved

It's not like he yanked anyone's ponytail or anything, no big deal.

2 citations issued at Y.-U. game

Sounds like it was the coach's son who attacked a BYU fan. Notice the ute...

Letters: Ignorant insult

I find it pretty funny news that you don't care about any of this, and yet...

Not LDS at 3:28 a.m. and hail hail "Get a Life" at 5:50 are the most sensible...

Max's apology was no apology. He meant every word of what he said. For him to...

Jazz's Matthews draws praise

"Too bad we don't have an answer for Gasol,Odom and Bynum." Hey buddy, We...

Group leery of lake bridge plan

We can easily build the bridge AND clean up Utah lake. God said to subdue AND...

Advertisements