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  • Commissioner Howarth and County Attorney David Leavitt go to Washington, D.C. to testify for CUP water rights


By Myrna Trauntvein
Times-News Correspondent

Juab County Commissioners did not agree to give up CUP water when they met with members of the House committee to give testimony on the question of whether the project water should still come to East Juab County.

"We said that what we wanted, more than promises, was real wet water," said Wm. Boyd Howarth, county commission chair.

He and David Leavitt, county attorney, traveled to Washington D.C. recently to give testimony before a House subcommittee in hopes of bringing water from the CUP to Juab County.

"They give you five minutes to bear testimony," said Howarth. "After that time you are stopped."

Anticipating the cut-off, the commission drafted written comments to be entered into the committee's records in addition to the testimony Howarth gave.

Leavitt said, rather than giving up plans to have CUP water in Juab County, the commission stated that they expected water from CUP.

"The truth of the matter is that we do want water from the project just as it has been promised for decades," he said.

The Committee on Resources's Subcommittee on Water and Power held the Legislative Hearing on H.R. 4129 on April 24.

A Senate subcommittee hearing was held on June 6.

Leavitt and Howarth attended the hearing to give testimony that east Juab County still wanted water delivered through CUP.

The committee conducted the hearing on H.R. 4129, in which it is proposed "to amend the Central Utah Project Completion Act to clarify the responsibilities of the Secretary of the Interior with respect to the Central Utah Project, to redirect unexpended budget authority for the Central Utah Project for wastewater treatment and reuse and other purposes, to provide for prepayment of repayment contracts for municipal and industrial water delivery facilities, and to eliminate a deadline for such prepayment."

Witnesses invited to give testimony were: Bennett W. Raley, Assistant Secretary, Water and Science, Department of the Interior; Don Christiansen, General Manager, Central Utah Water Conservancy District; Randy A. Brailsford, Mayor of Salem City, State of Utah; Margaret Peterson, Council Member, West Valley City Council; Leslie James, Executive Director, Colorado River Energy Distributors Association; Bob McMullin, President, Strawberry Water Users Association; and William Boyd Howarth, Chairman, Juab County Commission.

McMullin said that SWUA is a nonprofit corporation organized in 1922 primarily for the purpose of contracting with the United States Bureau of Reclamation to repay to the United States the remaining unpaid construction costs of the Strawberry Valley Project (SVP), and to provide a water supply to approximately 2,800 SWUA shareholders, including south Utah County cities.

SWUA repaid to the United States all of the costs of construction of the SVP in 1974. He said the Strawberry Valley Project, with Strawberry Reservoir as its key feature, was a forerunner of the larger Central Utah Project.

"Because south Utah County (and Juab County) has always been a dry spot in a desert state, SWUA and its shareholders have been among the very first, and the very strongest, supporters of the Central Utah Project (CUP)," said McMullin.

In the spring of 1945, studies on obtaining additional water for the Strawberry Valley Project were begun. The plan was expanded to cover the same area that was considered in the Colorado River-Great Basin Project, and the name Central Utah Project was given to the proposal .

The Central Utah Water Conservancy District (CUWCD) was formed in 1964 as the local entity that would repay the local share of the CUP. Since the mid 1960s, south Utah County and Juab County residents have been paying property taxes to CUWCD to support the CUP but had yet to see significant benefits.

"From the beginning of the CUP it was anticipated that south Utah County and east Juab County irrigators would be provided CUP water and water infrastructure," he said.

During the construction of Jordanelle Reservoir as part of the "M&I System," a feature of the Bonneville Unit of the CUP, south Utah and east Juab County residents were asked to agree to wait to receive CUP benefits until last.

"A solemn promise was made by all levels of federal, state and local officials and leaders that the patience, cooperation, support and sacrifice of the south Utah County and east Juab County people would never be betrayed. They would never be left out of the CUP," said McMullin. He said CUWCD has now said that it will take most of the CUP water promised to south Utah and east Juab Counties to Salt Lake County, outside the Utah Lake Drainage Basin.

"Frankly, SWUA could and would swallow a bitter pill and quietly accept the loss of the promised irrigation water if the majority of the authorized $125 million were used to provide water conservation and efficiency infrastructure to help south Utah and east Juab Counties make their very short water supply go farther."

McMullin said that CUWCD is instead before Congress seeking authorization to use all of the $125 million originally intended "for the construction of alternate features to deliver irrigation water to lands in the Utah Lake Drainage basin" to deliver municipal water to Salt Lake County, outside the Utah Lake Drainage Basin.

He said a subsection of H.R. 4129 contains two changes which accomplish this.

First, the words "to lands in the Utah Lake Drainage basin" would be removed to make it clear that the authorized funds could be used to deliver water outside the Utah Lake Drainage basin.

Second, the proposed amendment would add the word "municipal" in front of the word "irrigation" to make it clear that the authorized funds would be spent on "municipal irrigation," not agricultural irrigation.

"These changes would completely exclude irrigators, and would in addition, give CUWCD the discretion to exclude the Utah Lake Drainage basin, that is, south Utah and east Juab Counties, completely," he said.

"There are four principal reasons why you should reject CUWCD's efforts to deny south Utah and east Juab Counties CUP water and CUP water infrastructure," McMullin said.

First, he said, solemn promises should be kept.

Second, section 206 of CUPCA contains a clear principal of equity that was intended to protect against unfair distributions of CUP benefits.

Third, a key part of the CUP is the Strawberry/Jordanelle Exchange. "This makes it possible for CUWCD to lawfully store waters of the Provo River in Jordanelle Reservoir."

Lastly, much of Salt Lake County is dense, urban or suburban sprawl.

"South Utah and east Juab Counties have only begun to plan and grow. With CUP water, both municipal and agricultural, south Utah and east Juab Counties have the opportunity to create small cities near preserved agricultural land" said McMullin.

He said that with improved infrastructure, the CUP could serve the interests of all south Utah and east Juab County residents&emdash;farmer and city dweller alike.