Introduction – Federal False Claims Act (“FCA”) Litigation (“Emigration Canyon Lawsuit”)

 

Following the Pivotal 

For the first time since the the Mormon Pioneers entered the Salt Lake Valley over 170 years ago, it was reported in September 2018 that the Emigration Canyon Stream is completely depleted near the eastern boundary of the Utah State capital city less than 2 miles from Utah’s Hogle Zoo.

Over the past 30 years, Emigration Canyon residents have reported impairment of private wells directly to the Utah State Division of Water Rights (“Utah State Engineer“) immediately following the completion of Boyer Well Nr. 1, Boyer Well Nr. 2, the Brigham Fork, and the Upper Freeze Creek Wells by The Boyer Company LC and Emigration Improvement District (“EID” aka ECID) operated for the massive expansion of the Emigration Oaks PUD development.

The destruction of single-family domestic wells by large-diameter commercial wells was accurately predicted by the Utah State Engineer’s office in 1966.

The impairment of the Emigration Canyon Stream was accurately predicted by EID’s own hydrologist in 1995.

In July 2000, EID’s own hydrologist recorded that Boyer Well #2 had extracted more water than had been replenished in a good water year (i.e., groundwater mining) but then failed to disclose this fact when it secured $1.8 million of federally-backed funds to construct the Brigham Fork Well in the same aquifer, which was subsequently terminated as an active water source in September 2015 due to drinking-water contamination.

 

The Purpose of the FCA Litigation Is Twofold: 

 ♦  Relieve Emigration Canyon taxpayers of $6.3 million dollars of federally-backed debt, which the Mayor of Emigration Canyon Joe Smoka and EID allegedly conspired with land developers R. Steve Creamer, The Boyer Company L.C. and City Development Inc. to fraudulently acquire and then divert in order to build a “preposterously oversized” water system for the massive expansion of the Emigration Oaks PUD as well as over 500 new residential units at an estimated private profit of $547 million dollars as reported in the Salt Lake Tribune;

 ♦  Recover monetary fines, penalties and unjust enrichment from EID trustees, managers, consultants, publicly-elected officials and private land-developers et al. for the endangerment of public health and safety as well as the destruction of habitat of a federally-protected species.