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If you have any questions or if you would like to see something discussed in the future, please let us know by sending an e-mail to info@smithlawonline.com
or contact one of us directly through the following links:
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| Upcoming Events | |
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Rural Water Association of Utah - Private Not-for-Profit Conference
July 30, 2013
North Salt Lake, UT
For more information click
here
Rural Water Association of Utah - Fall Conference
August 26-29, 2013
Layton, UT
For more information click
American Water Works Association - Intermountain Section Conference
For more information click
Utah League of Cities - Annual Conference
September 11-13, 2013
Salt Lake City, UT
For more information click
here
Rural Water Association - National Conference
October 1-3, 2013
Louisville, KY
For more information click
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| To view more information about water law in Utah, visit our water blog at | | |
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Greetings!
Welcome to the Summer 2013 Issue of Water & The Law. We hope you will find this newsletter to be helpful and informative. As always, we welcome your feedback. If you have questions or comments, please reply to this e-mail or call us at 801-413-1600. Smith Hartvigsen, PLLC |
Water Calculation App for iPhone
Smith Hartvigsen is pleased to announce the launch of its new iPhone app, "Water Chart." The app allows the user to make water measurement conversions, such as:
- Convert gallons per minute (gpm) to cubic feet per second (cfs)
- Convert millions of gallons to acre-feet
- Convert cubic feet per second (cfs) to acre-feet per year
The app also converts measurements associated with land, such as:
- Convert feet to miles
- Convert rods to feet
- Convert links to feet
- Convert kilometers to miles
- Convert square feet to acres
Or scan the following QR code:
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Governor's Water Town Hall Meetings
Governor Herbert has set up a committee to seek public input on water policies and strategies for the State of Utah. The committee will travel across the state and hold "town hall meetings" to hear comments and suggestions on planning for future water needs. The scheduled meetings are as follows: July 9 Richfield Sevier County Fairgrounds, Exhibit Hall July 11 Layton Layton City Council Chambers July 16 Price Price City Hall, Room 207 July 18 Provo Provo High School, Auditorium July 25 St. George Dixie State Univ., Dunford Auditorium Aug 6 Vernal Vernal City Council Chambers Aug 13 Salt Lake Dept. of Natural Resources, Auditorium Aug 15 Logan Mount Logan Middle School All meetings will be held from 7:00 to 9:00 pm. For more information on the meetings, or to submit a comment without having to attend a meeting, go to the following: http://www.utahswater.org/.
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U.S. Supreme Court Decision: Tarrant Regional Water District v. Hermann
By Jeff Gittins
It is a rare occurrence that the United State Supreme Court hears a case involving water rights. But when the Court does hear a water case, it is generally a large case involving a dispute between two or more states regarding a shared water source. Such is the case in Tarrant Regional Water District v. Herrman, which pits the State of Oklahoma against the State of Texas.
The case focuses on the Red River Compact, which was signed in 1978 by Arkansas, Louisiana, Oklahoma, and Texas following more than 20 years of negotiation. The purpose of the Compact was to equitably apportion the water of the Red River and its tributaries between the states. The area covered by the Compact was divided into five subdivisions (called "Reaches"), which were further divided into "Subbasins." This case centered on Subbasin 5 of Reach II.
Due to the large population growth in north Texas in recent years, public water suppliers in north Texas began searching for new sources of water to meet the growing demand. Tarrant Regional Water District and other water districts in north Texas tried to purchase water from Oklahoma, but were unsuccessful. Tarrant then filed a permit with the Oklahoma Water Resources Board to take 310,000 acre-feet of water from the Kiamichi River, which is a tributary to the Red River located in Oklahoma.
Because Tarrant knew that the permit would be denied based on Oklahoma laws prohibiting out-of-state applicants from diverting water in Oklahoma, Tarrant filed a lawsuit to enjoin enforcement of these laws. Tarrant claimed that the Oklahoma laws were pre-empted by the Compact and violated the federal commerce clause. The district court ruled in favor of Oklahoma, and that decision was upheld by the Tenth Circuit Court of Appeals. The case was then sent to the United States Supreme Court.
The section of the Compact at issue gave the states "equal rights to the use of runoff water originating in subbasin 5 [of Reach II] and undesignated water following into subbasin 5," but was silent regarding state boundary limitations. Tarrant asserted that the Compact therefore allowed them to divert water from Subbasin 5 of Reach II, even if the diversion occurred within Oklahoma. Oklahoma, on the other hand, argued that because the Compact did not explicitly allow diversions by one state in another state, Texas was prohibited from diverting water in Oklahoma.
Ultimately, the Court sided with Oklahoma, and held that the Compact did not create any cross-border rights and that the water located within Oklahoma's portion of Subbasin 5 remained under the control of Oklahoma and its laws. The Court also concluded--in very brief and summary analysis--that Oklahoma's laws did not violate the federal commerce clause.
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