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<br />STATES WATER
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<br />THE WEEKLY NEWSLETfER OF THE WESTERN STATES WATER COUNciL
<br />
<br />Creekview Plaza, Suite A.20l/942 East 7145 So. / Midvale, Utah 84047 / (801) 561-5300 I FAX (801) 255.%42
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<br />editor - Norman K. Johnson
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<br />typist - carrie Curvin
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<br />UTIGATlON/WATER RIGHTS
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<br />Water Transfers/Utah
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<br />
<br />The Utah Supreme Court has held that a mutual
<br />water district shareholder may not change its point of
<br />diversion unless the district approves (East Jordan
<br />Irrigation Co, v. Morgan, 218 Utah Adv. Rep. 62, Aug.
<br />5, 1993). The case arose when Payson City, an East
<br />Jordan Irrigation Co. stockholder, attempted to change
<br />its diversion and East Jordan protested. The state
<br />engineer approved the change, based on his usual
<br />procedure. East Jordan challenged the approval in
<br />state district court, which upheld the state engineer's
<br />action. An appeal was taken, and the case was
<br />eventually heard by the Utah Supreme Court.
<br />
<br />In reaching its decision, the court relied on
<br />principles of corporate and water law. It noted that
<br />only the board of directors, not individual
<br />shareholders, can manage corporate affairs. It also
<br />said that under Utah water law only the owner of a
<br />water right may change its place of use. The water
<br />right holder, the court found, was East Jordan, not
<br />Payson City, which held only shares of East Jordan's
<br />stock. The court also rejected the city's claim that its
<br />equitable ownership of its water right allowed it to
<br />change the place of use. A lengthy dissent was filed.
<br />The Utah State Engineer must now establish a system
<br />to allow mutual water companies to approve attempts
<br />by shareholders to modify their water rights.
<br />
<br />WATER QUAUTY
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<br />Clean Water Act-Reauthorization
<br />
<br />The date for a subcommittee markup of S. 1114,
<br />the Water Pollution Prevention and Control Act of
<br />1993, introduced by Senators Baucus (D-Ml) and
<br />
<br />chairman - Dave Kennedy
<br />
<br />executive director - Craig Bell
<br />
<br />Chafee (R-RI), has been changed from mid-October to
<br />mid-November. Staff members are gathering input on
<br />the bill. Full committee markup, which had been
<br />expected by year's end, wiil now likely occur in
<br />January. The House is still drafting a CWA
<br />reauthorization bill. Top El'A'staff are finalizing the
<br />agency's position on CWA beforethe'SenSte markup
<br />to maximize the agency's influenCe in the debate;
<br />Some observers suggest that the delay in moving the.
<br />CWA legislation may be because of a current priority
<br />to deal with the Safe Drinking Water Act.
<br />
<br />WATER RESOURCES/WATER RIGHTS
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<br />General Adjudications
<br />
<br />Over 50 individuals from eleven western states met
<br />by invitation in Jackson, Wyoming, on October 18-19
<br />at the Western States Adjudication Conference. The
<br />1 V. day program included presentations by Jeff
<br />Fassett, WSWC member and Wyoming State Engineer,
<br />district court judges, consultants, attorneys, a state
<br />legislator, and various state officials. Recent court
<br />decisions, technical adjudication activities,
<br />implementation and administration of reserved rights
<br />decrees, and a number of other issues. were
<br />discussed. The meeting improved the ability of the
<br />participants, and thereby the western states, to more
<br />effectively carry out general adjudication proceedings.
<br />
<br />'. Grazing Reform
<br />
<br />Opponents failed again on Thursday, October 29,
<br />to break the filibuster, led by western Republicans, to
<br />block a House/Senate conference agreement that
<br />would increase the 'fee for grazing Iiyestock on federal
<br />property and impose other new restrictions on those
<br />who lease government-owned rangelands. Earlier in
<br />the month, a majority of House and Senate negotiators
<br />
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