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 documented impairment of private wells directly to the Utah State Division of Water Rights (“Utah State Engineer“) immediately following construction of Boyer Well Nr. 1 (1987), Boyer Well Nr. 2 (1994), the Brigham Fork (2003), and the Upper Freeze Creek Wells (2013) by The Boyer Company LC and Emigration Improvement District (“EID” aka ECID).

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


As Previously Reported, the Purpose of the FCA Legal Action Is Twofold: 

 ♦  to relieve Emigration Canyon taxpayers of $6.3 million dollars of federally-backed debt, which the Mayor of Emigration Canyon Joseph Smoka and Emigration Improvement District (“EID” AKA ECID)  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;

 ♦  to recover monetary fines and penalties for the endangerment of public health and safety as wells as the destruction of habitat of a federally-protected species.