–  Judicial Review of Permanent Changes to Water Rights 57-7796 (a44045) and 57-10711 (a44046) Claimed by Emigration Improvement District (“EID“)



Download Petition (Google Drive) –

Complaint Third District (minus Exhibits)


Utah State Engineer – Protest Hearing


The ECHO-Association Presentation



Original Single Point-of-Diversion and Limited Place-of-Use Approved under Utah State Third District Court Civil Decree 25890 (Water Right 57-7796) Previously Claimed by the Emigration Dam & Ditch Company :

Numerous Points-of-Diversion and All Encompassing Place-of-Use in Upper Emigration Canyon Claimed by EID Prior to January 16, 2019:

Location of EID’S Existing and Proposed Large-Diameter Commercial Wells Not Previously Approved by Utah State Engineer Kent L. Jones under Permanent Change Applications Filed Prior to 57-7796 (a44045):

Location of EID’s Large-Diameter Commercial Wells in Relation to Identified Aquifers in Upper Emigration Canyon:

EID’s Public Denials of Existence and Scope of Permanent Change Applications filed with the Utah State Engineer:

Bowen Email

EID Denial Letter

EID/Walsh/City Development Inc. Plan for “New Source of Water” in Upper Emigration Canyon:

Minutes - Pinecrest Development (Walsh) copy

EID-Walsh Resort Project

Location of Previously Approved Water Sources Proposed by EID on Planned “Gun Range and Wedding Resort” of the Butler Crockett & Walsh Development Corp:

Proposed Locations of New Water Sources Located On Proposed “Gun Range and Wedding Resort” by Butler Crockett & Walsh Development Corp:

Priority and Location of EID’s Existing Large-Diameter Commercial Wells in Relation to The ECHO-Association Impaired Surface Water Right 57-8947 (a16183):

Emigration Canyon Stream 1,000 ft from The ECHO-Association Impaired Surface Water Right 57-8947 (a16183) (September 2018):


Emigration Oaks Buildout of 229 Domestic Units Will Impair Private Wells and the Emigration Canyon Stream “For Decades – Twenty, Fifty Seventy-Five Years”  (EID Testimony to the Utah State Engineer December 15, 1995)


EID Water-Right Protest Hearing – Video Recording

Along with the Protestants listed below, The ECHO-Association presented evidence to Utah State Engineer Kent L. Jones of the following (see video recording at 1:11:05):

  • Failure to comply with federal guidelines established under the Safe Drinking Water Act of 1974;
  • Substantial structural defects of the Wildflower Reservoir;
  • Impermissible discharge and loss of 1-million gallons of chlorinated water per month since October 2003 (Utah State Code 73-5-9);
  • Operation of the Wildflower Reservoir and Boyer Well #2 by EID without valid operating permits;
  • Falsification of water-volume claims to the Utah State Engineer;
  • Construction and operation of Boyer Well #2 by EID with prior approval of the Utah State Engineer under Utah State Code  73-3-7;
  • Criminal interference with water flow under Utah State Code 76-10-201;
  • Impermissible sale and use of water rights belonging to the Mount Olivet Cemetary Association without prior authorization of the United States Congress;
  • Failure of EID Co-Chairman and Emigration Canyon Metro Planning Commission Chairman Brent Tippets to recuse himself during the Planning Commission meeting on November 15, 2018 regarding the proposal of the Butler Crockett & Walsh Development Corp.; 
  • Public denial of EID trustees regarding the proposed Gun Range and Wedding Development in Pinecrest Canyon north of the Emigration Oaks Development
  • Inadequate flow rate of fire-hydrants owned and operated by EID. 

EID trustees and managers were given ample opportunity to respond to the issue identified above (see EID response at video recording 2:32:12).


Download “Approved Notes” of Undisclosed EID Meeting with Protestant Stokman:

Stokman Notes of meeting with EID 2:15:19


Letters of Concern/Protest filed with the Utah State Engineer Kent L. Jones Regarding Water Extraction by EID:

Second Protest Addendum – The ECHO Association (Google Drive)

First Protest Addendum – The ECHO-Association

Protest Letter – The ECHO-Association – Download (Google Drive)

Protest Letter – Utah’s Hogle Zoo/Salt Lake City

Protest Letter – Jack Samuel Plumb

Protest Letter – Royal Scotsman at Pinecrest

Request for Reconsideration – Stokman

Stokman Addendum – Download

 Comments Regarding Protest Hearing – Stokman

Protest Letter – Spring Glen Shareholders

Protest Letter – Pinecrest Pipeline Operating Company (PPOC)

Letter of Concern – Velinder & McNurlin

Protest Letter – Lucas, Elgre, Harris

Protest Letter – Barbara Babson & Ben Dobbin

Protest Letter – White (a44045)

Protest Letter – White (a44046)

Protest Letter – Walker

Protest Letter – Miyagi

Protest Letter – Simon (Update)

Protest Letter – Martin

Protest Letter – Kramer

Protest Letter – Davis

Protest Letter – Wheelock

Letter of Concern – The ECHO-Association

Protest Letter – Walker

Protest Letter – Gray

Protest Letter – Armstrong

Protest Letter – Stokman

Protest Letter – McIlwaine

Protest Letter – Porcher

Letter of Concern – Trentman

Protest Letter – Sheya (Update)

Protest Letter – McCallum (Update) 

Letter of Protest – Sweeney (Ballanyne)

Protest Letter – Henchel

Protest Letter – Jordan

Email Correspondence – The ECHO-Association

Protest Letter – Craig

Protest Letter – Biggs

Protest Letter – Penske

Protest Letter  – Penske (Update)

Protest Letter – Terry (Update)

Protest Letter – Chris & Kirtly Jones

Protest Letter – Ried

Protest Letter – Palis

Protest Letter – Tierra Investments, LLC

Protest Letter – Kate  & James Bert Bunnell

Letter of Concern – Bowen

Protest Letter – Duheric

Protest Letter – Hallett

Protest Letter – Stephen D & Mitchelle D Andersen

Protest Letter – Sheya (resubmitted)

Letter of Concern – Mark Christopher Tracy

Protest Letter – Simon

Protest Letter – McCallum (Update)

Information Email – Andersen

Protest Letter – Sheya (Update)

Protest Letter – Terry (Update)

Protest Letter – S. Plumb

Protest Letter – Penske

Protest Letter – Sheya

Protest Letter – McCallum

Protest Letter – Terry


Background / Reasons for Concern: 

Civil Decree 25890

EID Newsletter May 30, 1996 – Emigration Oaks Limited to 98 Domestic Units (Total Emigration Canyon Buildout of 700 Units)

EID Contractual Obligations to Provided Water Service to 97 Vacant “Standby” Lots (December 2013)

EID Trustee Meeting March 12, 2015 – Planned Development of 517 “New Connections

EID Trustee Meeting August 20, 2015 – “No Maximum Number of Homes in Emigration Canyon”