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

APPROVED FOR THE CONSTRUCTION OF 500 NEW HOMES IN EMIGRATION CANYON AND WATER SERVICE TO A PROPOSED GUN RANGE AND WEDDING RESORT

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).