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Cornish council to pursue research on local water rights and consult attorney
Summary
Council members discussed missing state records for local water rights, possible probate and ownership complications, and agreed to have legal counsel and state water experts research whether Cornish can reclaim or file for spring/irrigation water rights.
The Cornish Town Council spent a substantial portion of its meeting reviewing historical water rights records and discussing whether the town or a predecessor water-users association holds legal water rights for local springs and diversions.
Speaker 4, a council member, told colleagues that a search of state records showed the Cornish Water Users Association had no water rights listed "according to the state," prompting concern that rights may have lapsed, been misfiled, or remained in the name of a private party. Councilors discussed that the Cornish Water Users Association may have abandoned filings after town water service expanded, and that prior notice or tax mailings may not have reached current officials.
The council discussed legal pathways, including probate or a court process to transfer rights from an entity that is no longer active, and the potential for filing on water if the underlying ground ownership is secured. Speaker 4 warned that legal work could be complex and costly and suggested consulting Olsen & Hogan or other municipal attorneys. Speaker 1 asked John (a named local contact in the discussion) to follow up with Olsen & Hogan and Seth Tate to determine costs and next steps; the council agreed to pay for initial research if required.
Councilors also identified possible historical evidence of pre-1920 diversion claims tied to local industry (Cornish Sugar Factory/amalgamated sugar interests) and discussed whether surface diversions from the Bear River or nearby springs could support municipal or irrigation needs. Several members recommended simultaneous lines of inquiry into state water filings and ground ownership, but prioritized establishing whether usable water rights could be found.
No formal motion to initiate litigation or to acquire rights was recorded; the council’s decision at the meeting was to pursue legal and technical research and return with recommendations.
