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Court finds public-trust applies to waters of Great Salt Lake; litigation to define trustee duties continues
Summary
The Attorney General’s office told the board a court has held that Utah’s public trust includes the navigable waters of Great Salt Lake, but the court declined to order upstream curtailment of diversions; further litigation and discovery will define trustee duties and planning obligations.
Sarah Schechter of the Attorney General’s Office briefed the board on recent litigation developments in Utah Physicians for a Healthy Environment v. Department of Natural Resources (opinion issued March 27). Schechter summarized the decision’s two principal holdings relevant to the board:
1) The court held Utah’s public trust includes the navigable waters of the Great Salt Lake — the opinion applies to the waters of the lake itself, not to upstream streams or tributaries. Schechter said the court’s language covered both beds and the waters within the lake.
2) The court dismissed the plaintiffs’ request to order upstream curtailment of diversions under Utah’s prior appropriation doctrine, stating the court cannot order curtailment through this litigation. That portion of the complaint was resolved in the state’s favor.
Schechter said courts will now require further factual development to define the parameters of the state’s trustee duties for the lake, and the agencies (including water resources) will participate in discovery. The board was specifically flagged because the court highlighted planning as a component of the public trust, and the Division of Water Resources is charged with water planning. Schechter said an answer to the complaint is due July 9 and that the AG’s office is coordinating with agency partners (wildlife, state parks, forestry, water rights) on litigation strategy and discovery preparation.
Other litigation notes
Schechter updated the board briefly on other matters: oral argument had been held in the Waterhorse case (Supreme Court oral argument in early April) and the AG’s office was "cautiously optimistic" but offered no prediction of timing for an opinion. Schechter also noted the Colorado River Authority demand-management pilot has a Green River Block project under negotiation and the AG’s office is coordinating contracts for associated fees.
Ending
Schechter said litigation and discovery will likely be extensive and long-running. The AG’s office asked the division and board to expect further contact as the agencies respond to discovery requests and refine planning inputs implicated by the public-trust ruling.
