Your Water Rights

By: Dale B. Kimsey

The State Legislature has tasked the State Courts with widespread legal proceedings that could limit or strip you of your water rights if you do not take appropriate steps to protect them. You and your shareholders have probably received notice of these proceeding. You have an existing claim to water rights. Your shareholder/partners may also have an existing claim to water rights. 

We at Vial Fotheringham can help you define what water and water rights you and your shareholders have and help you to protect them. 

We offer a one hour educational meeting for Company Boards wanting to be more formally educated in the rights and usage of water in Utah. We also offer a ten minute review for shareholder meetings so that the Boards we work with can have shareholders educated in the position of the State and the Board as these legal proceedings seek to quantify and limit preexisting water rights in Utah. Failure to respond or to meet the requirements of the State in these matters will result in some people and companies losing some or all of the water they own and are entitled to so that the State Engineer can 1) quantify the useable water in Utah; 2) Quantify the water allocated and used in Utah; 3) Make the “excess” water available to those moving into Utah to build and develop land which will have water needs in the future; 4) It has been proposed to put a meter on every water user in Utah whether culinary or irrigation water. 

Vial Fotheringham has many years of experience in dealing with these issues in Utah and would like to help you and your shareholders meet this challenge.

If you would like our help please contact us at (801) 355-9594.