Action Needed: Protest City/SRS Wells

Protesting the Kanab City Application to the UT State Engineer, UT Division of Water Rights for a Change in Point of Diversion to Effectuate the City-SRS Water Service Agreement

  • City application and other information: Detailed information (much more so than published in legal notice format in the Southern Utah News) can be found at the State Engineer’s water rights website https://waterrights.utah.gov/ ). Once there, go to the search box in the upper right corner of the home page, click that box. Then in blue shaded column on the left of the new page, click “Water Right Number.” Then when taken to next page, type in a45058. This will reveal the City’s application and related documents.
  • Who can protest the City application? Any individual, group of individuals, or organization can file protests with the UT State Engineer. Protests are more valuable if explicit impacts and reasons for each specific protest are enumerated.
  • When? Protests are due to the Utah State Engineer by October 2nd. Protests can be filed on line at https://waterrights.utah.gov/hpp/protestOfApplication.asp. Protests can also be mailed to Division of Water Rights, P.O. Box 146300, Salt Lake City, UT 84114-6300; or be hand carried to the Division of Water Rights office. There is a protest filing fee of $15 per protest (an amount worth investing to protect Kanab’s water).
  • State your interest. Be sure to specifically express your interest in protesting the City’s application. General examples:
    • I own water rights that will be impacted. (Specify your water rights number.)
    • I am a shareholder in the Kanab Irrigation Company and my related water use will be impacted.
    • I am a taxpaying citizen (and/or property owner) in Kanab City, collateral City water rights providing the municipal water system stand to be impacted, and as a beneficiary of the City’s water rights and water system will be impacted.
    • The economic value of my property stands to be impacted by possible collateral impacts on the City’s water rights and water system.
    • I am an employee, or other beneficiary of an entity holding a water right that may be affected.
    • I am concerned about the natural flow regime of the Kanab aquifer, including its seeps, springs, vernal pools, and watercourses of Kanab Creek and tributaries fed by such aquifer.
    • I am concerned about the flora and fauna reliant on the seeps, springs, vernal pools, and watercourses of Kanab Creek and tributaries fed by such aquifer, including unusual, sensitive, or threatened and endangered species.
    • I am concerned about possible effects of relocated drilling on the previously adjudicated and completely appropriated East Fork Virgin River drainage, including Zion National Park seeps, springs, watercourses and natural resources, due to the uncertainty of distinct separation of East Fork and Kanab Creek groundwater aquifers. Again, be explicit as possible.
  • State reasons. (Also see the posted, detailed document on some of the basis of protests.) Examples:
    • The proposed relocated up-aquifer point of diversion – wells – will likely deplete the aquifer and affect other water rights and uses of the City and others, as well as natural seeps, springs, watercourses, and associated natural resources.
    • Existing scientific assessments of the Kanab aquifer, relied upon by the City, are outdated, general in nature, and unreliable as a basis for approving the change application.
    • The City’s “water service agreement” with Southern Red Sands (SRS) is arguably unconstitutional and/or in violation of UT State water law. ** The opportunity to protest to the UT State Engineer is not an opportunity to generally protest the proposed frac sand mine, the mine’s effects on land and resources, traffic issues, or the oil and gas fracking industry. Protests to the UT State Engineer need to focus on water issues.**