{"id":1524,"date":"2018-05-17T15:51:33","date_gmt":"2018-05-17T21:51:33","guid":{"rendered":"http:\/\/echo-association.com\/?page_id=1524"},"modified":"2022-06-28T02:48:53","modified_gmt":"2022-06-28T08:48:53","slug":"introduction-water-rights-litigation","status":"publish","type":"page","link":"https:\/\/echo-association.com\/?page_id=1524","title":{"rendered":""},"content":{"rendered":"

CURRENTLY P<\/span><\/span>ENDING WITH<\/span><\/span><\/h1>\n

– \u00a0United States Congressional Leaders<\/a>\u00a0–<\/span><\/h1>\n

AND<\/span><\/span><\/h1>\n

– United States Federal District Court<\/a> –<\/span><\/h1>\n

AND<\/span><\/span><\/h1>\n

–\u00a0Utah Supreme Court<\/a>\u00a0–<\/span><\/h1>\n

AND<\/span><\/span><\/h1>\n

–\u00a0Utah Supreme Court<\/a>\u00a0–<\/span><\/h1>\n

AND<\/span><\/span><\/h1>\n

–\u00a0Utah Court of Appeals<\/a>\u00a0–<\/span><\/h1>\n

AND<\/span><\/span><\/h1>\n

– Utah Court of Appeals<\/a>\u00a0–<\/span><\/h1>\n

AND<\/span><\/span><\/h1>\n

– Utah Court of Appeals<\/a>\u00a0–<\/span><\/h1>\n

AND<\/span><\/span><\/h1>\n

– Utah State Third District Court Judge Kelly<\/a>\u00a0–<\/span><\/h1>\n

AND<\/span><\/span><\/h1>\n

– Utah State Third District Court Judge Mow<\/a>\u00a0–<\/span><\/h1>\n

AND<\/span><\/span><\/h1>\n

– Utah State Records Committee<\/a>\u00a0–<\/span><\/h1>\n

AND<\/span><\/span><\/h1>\n

– Utah State Records Committee<\/span><\/a>\u00a0–<\/span><\/h1>\n

Hearing Before the Utah State Engineer – The ECHO-Association Presentation<\/a><\/span><\/h2>\n

\"\"<\/a><\/p>\n

For the first time since the the Mormon Pioneers entered the Salt Lake Valley over 170 years ago, it<\/span> was reported<\/span><\/a>\u00a0in September 2018 that the Emigration Canyon Stream suffered total depleation<\/em> near the eastern boundary of the state capital city<\/span>\u00a0less than 2 miles from Utah’s Hogle Zoo<\/span><\/a><\/span>.<\/div><\/span><\/h3>\n

Over the past 30 years, Emigration Canyon residents have documented impairment<\/span><\/a> of private wells directly to the Utah State Division of Water Rights (“Utah State Engineer<\/em><\/a><\/span>“) immediately following construction of\u00a0Boyer Well Nr. 1<\/span><\/a> (1987), Boyer Well Nr. 2<\/span><\/a> (1994), the Brigham Fork<\/span><\/a> (2003), and the Upper Freeze Creek Wells<\/span><\/a> (2013) by The Boyer Company LC<\/a><\/span> and\u00a0<\/span>Emigration Improvement District (“EID<\/span><\/em><\/a>” aka Emigration Canyon Improvement District aka ECID).<\/span><\/div><\/span><\/h3>\n

The destruction of single-family domestic wells by the large-diameter commercial wells currently operated by EID\u00a0was accurately predicted <\/a><\/span>by the Utah State Engineer’s Office in 1966.<\/span><\/div><\/span><\/h3>\n

EID’s\u00a0own hydrologist<\/span> Jack Arnold Barnett further testified<\/span><\/a> in December 1995 that it will “take decades\u00a0<\/span>— twenty, fifty, seventy-five years<\/span>” for water treated in the luxurious Emigration Oaks development to recharge the Canyon Stream needed for the replenishment of private wells located nearby to include the operation of the active federal military cemetery deeded to the Mount Olivet Cemetery Association<\/span><\/a> by the United States Congress in 1909<\/span><\/a>.<\/div><\/span><\/h3>\n

Contrary to EID’s repeated denials<\/span><\/a>, in December 2018, The ECHO-Association acquired sufficient evidence that<\/span>\u00a0EID<\/span><\/a>, the\u00a0<\/span>Mayor of Emigration Canyon Joseph Smolka<\/a>,<\/span>\u00a0Deputy Mayor Jennifer Hawkes<\/span>,\u00a0The Boyer Company L.C.<\/span><\/a> and City Development Inc.<\/span><\/a>\u00a0and the Simplifi Company<\/span><\/a> have willfully<\/span><\/a> impaired more than\u00a0<\/span><\/span>forty (40) private\u00a0wells<\/span> and the <\/span>Emigration Canyon Steam<\/a><\/span> by exceeding the natural recharge rate of the Canyon’s Twin Creek Aquifer<\/a><\/span>\u00a0<\/span>through a water extraction method known as groundwater mining<\/span><\/a>.<\/span><\/div><\/span><\/h3>\n

The ECHO-Association estimates that the\u00a0<\/span><\/span>water table in Emigration Canyon<\/a>\u00a0<\/span><\/span><\/span>has dropped 40 – 120 feet in the past 30 years drastically\u00a0<\/span><\/span><\/span>affecting private wells<\/span><\/a>, \u00a0drinking-water quality<\/span><\/a>,\u00a0surface water springs<\/span><\/a>\u00a0and Canyon vegetation<\/span><\/a><\/span><\/span>.<\/span><\/span><\/div><\/span><\/h3>\n

We further believe that the substantial reduction of the water\u00a0table through the\u00a0operation of Boyer Well Nr. 1 and the\u00a0Upper\u00a0Freeze Creek\u00a0Well has led to massive fissures and ground collapse in the Emigration Oaks PUD (Freeze Creek drainage area) thereby\u00a0<\/span>threatening homes built on Pioneer\u00a0Fork\u00a0Road, Pioneer Ridge Circle, Donner Hill\u00a0Circle, Last Camp Circle and Emigration Estates Road<\/span><\/a>.<\/span><\/span><\/div><\/span><\/h3>\n

Fi<\/span>nancial records reveal that EID Trustee Chairman Michael Scott Hughes<\/span><\/a>\u00a0promised future water service to at least 97 vacant parcels<\/span><\/a>\u00a0including private land-developers and “EID Advisory Committee Members” R. Steve Creamer<\/span><\/a> and Walter J. Plumb III<\/span><\/a>,\u00a0<\/span><\/span>Steve Hook<\/a>\u00a0to include EID contractor<\/span>\u00a0Bill Cutting<\/a><\/span><\/span>.<\/span><\/div><\/h3>\n

Moreoever, despite overwhelming evidence of groundwater mining<\/span><\/a> of Emigration Canyon aquifers, and the destructive effects\u00a0documented in<\/span> Alicante, Spain<\/a>,\u00a0central and western United States<\/a> and<\/span> Cedar Valley, Utah<\/a>,<\/span> Utah State Engineer Kent L. Jones recently approved<\/span><\/a>\u00a0EID’s proposal to \u00a0construct over 500 additional homes<\/span><\/a> in Emigration Canyon contrary to EID’s own buildout limit established in 1996<\/span><\/a><\/span><\/span>.<\/span><\/span><\/div><\/span><\/h3>\n

In order to protect The ECHO-Association surface water right 57-8947<\/a>\u00a0and the<\/span><\/span>\u00a0Emigration Canyon Owl Preserve<\/span><\/a>, we have filed legal action with the\u00a0Utah Court of Appeals<\/span><\/a>\u00a0<\/span><\/span>to prevent further destruction of the Emigration Canyon aquifers and stream<\/span><\/a>.<\/span><\/div><\/h3>\n

\"\"<\/p>\n","protected":false},"excerpt":{"rendered":"

CURRENTLY PENDING WITH – \u00a0United States Congressional Leaders\u00a0– AND – United States Federal District Court – AND –\u00a0Utah Supreme Court\u00a0– AND –\u00a0Utah Supreme Court\u00a0– AND –\u00a0Utah Court of Appeals\u00a0– AND – Utah Court of Appeals\u00a0– AND – Utah Court of Appeals\u00a0– AND – Utah State Third District Court Judge Kelly\u00a0– AND – Utah State Third […]<\/p>\n","protected":false},"author":2,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"footnotes":""},"_links":{"self":[{"href":"https:\/\/echo-association.com\/index.php?rest_route=\/wp\/v2\/pages\/1524"}],"collection":[{"href":"https:\/\/echo-association.com\/index.php?rest_route=\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/echo-association.com\/index.php?rest_route=\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/echo-association.com\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/echo-association.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=1524"}],"version-history":[{"count":322,"href":"https:\/\/echo-association.com\/index.php?rest_route=\/wp\/v2\/pages\/1524\/revisions"}],"predecessor-version":[{"id":9432,"href":"https:\/\/echo-association.com\/index.php?rest_route=\/wp\/v2\/pages\/1524\/revisions\/9432"}],"wp:attachment":[{"href":"https:\/\/echo-association.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=1524"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}