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Legal briefings: Great Salt Lake litigation in fact discovery; Waterhorse decision pending at Utah Supreme Court

August 22, 2025 | Utah Department of Natural Resources, Utah Government Divisions, Utah Legislative Branch, Utah


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Legal briefings: Great Salt Lake litigation in fact discovery; Waterhorse decision pending at Utah Supreme Court
The board received two legal updates from the division's attorney.
Sarah Schechter said the state defendants, including the board and the Division of Water Resources, filed an answer in the Great Salt Lake litigation in June and are now in fact discovery. "We have received interrogatories and requests for production of documents from the plaintiffs, and we are currently working with outside counsel who is helping us to compile those requests and answer those interrogatories," she said. She estimated that fact discovery would conclude about six months after exchange begins but said extensions are possible because of case complexity. The board discussed holding a more detailed update, potentially in closed session, at its October meeting.
Counsel also said the Utah Supreme Court's decision in the Waterhorse case is still pending; staff will provide a thorough report when the court issues its decision.
Why it matters: Both matters have ongoing implications for state water management and potential litigation exposure. The Great Salt Lake litigation involves statewide water allocation and could require the board and division staff to produce large volumes of documents and testimony.
What happens next: Staff will continue discovery work with outside counsel, will update the board in October and expects to present possible closed‑session briefings when more sensitive or privileged information needs discussion.

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