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HEAL Utah v. Kane County Water Conservancy District

378 P.3d 1246 (2016)

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HEAL Utah v. Kane County Water Conservancy District

Utah Court of Appeals
378 P.3d 1246 (2016)

  • Written by Rose VanHofwegen, JD

Facts

The Kane County and San Juan County water-conservancy districts leased water rights to Blue Castle Holdings Inc. (Blue Castle) (collectively, defendants) to develop a nuclear power plant near Utah’s Green River. The leases were contingent on approval of change applications to move the diversion points and change the nature of use of the water rights. Although existing approved rights in the river amounted to only 1.29 percent of the river’s total average volume, about 80 protests were filed opposing the change applications. The state engineer (defendant) approved the applications, and the district court affirmed. Healthy Environmental Alliance of Utah (HEAL Utah) and other protestors (plaintiffs) appealed, arguing the change applications did not satisfy Utah law. Specifically, HEAL Utah claimed no unappropriated water was available, the proposed diversion would unreasonably impact the natural stream environment, and the proposed change was speculative, not feasible. Meanwhile, Blue Castle spent about $17.5 million, was on track to raise the remaining $15 to $20 billion required to complete the project, and had an expert testify that its business plan was economically feasible.

Rule of Law

Issue

Holding and Reasoning (Toomey, J.)

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