Magna Water Co. v. Strawberry Water Users Ass'n
2012 UT App 184
| Utah Ct. App. | 2012Background
- This matter concerns Strawberry Water Users Association (SWUA) seeking to recapture and reuse SVP return flows after they mix with Utah Lake/Jordan River waters.
- The Strawberry Valley Project is a federal reclamation project importing water from the Uintah Basin into the Utah Lake Basin; SWUA administers and uses SVP water under federal contracts.
- Return flow from SVP water re-enters the hydrologic system and may be subject to priority calls or reallocation.
- Magna Water Company and South Farm, LLC (Objectors) filed objections in a Utah Code section 73-4-24 proceeding and challenged the State Engineer’s proposed determination.
- The district court granted SWUA’s summary-judgment motion, ruling Objectors lacked standing and dismissing claims with prejudice; the objectors appealed.
- The court ultimately held Objectors lack traditional standing but have alternative standing, reversing and remanding for further proceedings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Objectors have traditional standing. | Objectors contend they will be harmed by the proposed determination. | SWUA argues Objectors’ upstream groundwater rights are not affected or connected to Utah Lake/Jordan River surface water. | No traditional standing; injury too attenuated. |
| Whether Objectors have alternative standing. | Objectors are appropriate parties with public-importance issues. | Alternative standing should not apply if not appropriate or issues not public. | Objectors have alternative standing; district court erred in dismissing. |
| Whether Objectors are an appropriate party and issues are of public importance. | Objectors have substantial interest and expertise to assist the court; issues affect many water users. | Even with standing questions, issues may be political or belong to other branches. | Objectors are appropriate parties and raise issues of significant public importance. |
Key Cases Cited
- In re Uintah Basin, 133 P.3d 410 (2006 UT 19) (imported water recapture and return flow principles in Utah)
- Grantsville v. Redevelopment Agency of Tooele City, 233 P.3d 461 (2010 UT 38) (standing requires injury, causation, redressability)
- Utah Chapter of the Sierra Club v. Utah Air Quality Bd., 148 P.3d 960 (2006 UT 74) (traditional vs. alternative standing; public-interest considerations)
- Sierra Club v. Utah Air Quality Bd., 148 P.3d 960 (2006 UT 74) (standing framework; public-interest factors)
- Jenkins v. Swan, 675 P.2d 1145 (Utah 1983) (alternative standing concept acknowledged)
- In re Questar Gas Co., 175 P.3d 545 (2007 UT 79) (standing analysis; need for concrete injury)
- Cedar Mountain Envtl., Inc. v. Tooele Cnty., 214 P.3d 95 (2009 UT 48) (standards for public-importance standing)