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  • Juab County Commissioners intend to follow all legal means possible to make certain CUP water is delivered to the county


By Myrna Trauntvein
Times-News Correspondent

Juab County Commissioners have not given up on the delivery of water to the county from the Central Utah Water Conservancy District.

Not only that, but they intend to follow all legal means possible to make certain water is delivered to the county.

As a result of that determination, commissioners directed Jared Eldridge, Juab County Attorney, to write a letter to the district.

In the letter, commissioners requested an update from the district detailing the efforts taken since April 19, 2002 to deliver water to Juab County and a detailed explanation clearly setting out the course of action the district plans to take to make certain water does come to the county.

The letter should have arrived at the district office in Orem a few days after last Monday's (Nov. 3) commission meeting.

"We do not want to publish the request prior to allowing the letter to be received by the board, just out of courtesy," said Wm. Boyd Howarth, commission chair at the meeting on Nov. 3.

A copy was also sent to Ross Garrett, the county's representative on the board.

"I went to Washington D.C.," said Howarth, "and made a statement at the legislative hearing before the subcommittee on water and power in 2002."

In 2002, the district sought to petition the United States Congress to amend the Central Utah Project Completion Act.

The amendment would allow the district to divert C.U.P. Water originally intended to benefit southern Utah County and Eastern Juab County and to send that water to benefit several communities in northern Utah.

In early 2002, the district solicited comment on the proposed amendment.

"In response to the district's request for comment, Juab County, through its attorney, David O. Leavitt, wrote a letter on behalf of the county commissioners stating Juab County's position with respect to the proposed amendment," said Eldridge.

The letter, written by Leavitt, emphatically declared Juab county's opposition to the proposed amendment and stated the county commission's grave concern that the passage of the amendment would destroy any chance Juab county had to receive C.U.P. Water.

The letter also detailed Juab county's dutiful performance of all obligations required of the county by the district in order to receive the benefit of C.U.P. Water.

"Finally, the letter made clear that C.U.P. water was of such critical importance to Juab county that the county would avail itself of any and all remedies in order to assure the water the citizens of Juab County have long expected and continually paid for through a tax levy since 1965, ultimately arrived in our county as agreed," Eldridge wrote in the letter.

Following this letter of comment to the district, the district sought Juab County's support for the proposed amendment.

The district engaged in discussion with Juab County officials and ultimately arrived at an agreement dated April 19, 2002, that was signed by Howarth, commission chair, and Don Christiansen, General Manager of the Central Utah Water Conservancy District, said Eldridge.

The agreement was ratified by the Board of Trustees of the Central Utah Water Conservancy District on April 24, 2002.

In the agreement, it was stated that Juab county agreed to support H.R. 4129 provided the district agree to use its best efforts to ensure new water be delivered to Juab County.

In keeping with the county's history of honoring commitments, the county sent a delegation to Washington, D.C. to support H.R. 4129 and Howarth, at that time, testified before the congressional subcommittee in support of the bill.

Howarth testified that the county was agreeing "even though it has the potential to devastate Juab county's ability to receive water from the Central Utah Water Project."

H.R. 4129 was approved by the House of Representatives and the Senate and was signed into law on Dec. 19, 2002 by President George W. Bush.

Once again, said Eldridge, the county upheld its end of the bargain with the district.

However, the district also agreed to use its best efforts to ensure new water is delivered to the county.

"The citizens of Juab county are honorable and hard working people who recognize the vital importance of water to the development of our county," said Eldridge.

"In 1965, the citizens of Juab county had the foresight to take steps to assure and adequate water supply."

In taking those steps, he said, the citizens of the county became charter members of the district. In fact, out representative, R. Roscoe Garrett, has been a board member since its inception.

In becoming charter members of the district, the citizens of the county placed their trust in the district to honor its obligation to bring new water t o the county.

The citizens of the county continue to place their confidence and trust in the district to honor past promises and the 2002 agreement made with the county.

"In order to assure adequate water resources are available to support Juab County's inevitable growth, we are exploring all available options to secure that water," said Eldridge.

"In order to effectively evaluate our options we need input from the district."

The county, therefore, requested that the district respond in writing and answer the questions the commission has so that future planning and the recourses open to gain compliance may be considered.

"This information is vital to our planning and will be greatly appreciated," he wrote.