Utah Supreme Court hears challenge over Waterhorse bid to export 55,000 acre‑feet from Green River

The Utah Supreme Court heard oral argument on a dispute over an application by Waterhorse Resources to divert 55,000 acre‑feet of water per year from the Green River in Daggett County and transport it for use in Colorado.

Glenn Porzak, counsel for Waterhorse Resources, told the court that the company's petition should be granted under Article 9A of the Upper Colorado River Basin Compact. "This case involves the application of Waterhorse Resources, the appellant, to export 55,000 acre feet of water per year from the Green River in Daggett County for use in Colorado," Porzak said, arguing the compact's language and U.S. Supreme Court precedent support private entities acquiring cross‑border water rights.

Erin Middleton, counsel for the Utah State Engineer, the Utah Division of Water Rights and the Utah Board of Water Resources, urged the court to affirm the district court's denial. Middleton said Waterhorse's theory would permit an end run around the recipient state's water law: "Waterhorse asks this court ... to pipe across the Continental Divide into Colorado, all without a Colorado water right, or without Colorado's involvement, merely because it is a Colorado entity." She told the court Utah's export statute requires evidence that water can be measured, transported and beneficially used in the recipient…