Standard-Examiner: Wolf Creek Files Eminent Domain Action Against Summit

Looks like "peace-makin"" ain't in the cards

In the interest of kickstarting a possible WCF discussion, we'll take note of an interesting development in what we've labelled the ongoing Ogden Valley "Water War." Specifically, Standard-Examiner reporter Cathy McKitrick reported over the weekend that "[t]he Wolf Creek Water & Sewer Improvement District has launched eminent domain proceedings against Summit [Powder Mountain Group], in an effort to gain control of the land [five or six acres] on which the district’s sewer treatment plant, lagoons and irrigation pond sit, " [Links added].

Check out Ms. McKitrick's full story, folks:

• Wolf Creek files eminent domain action against Summit

Cutting to the chase, here's a nice thumbnail synopsis of the legal requirements of Utah eminent domain law, for the benefit of those Weber County Forum readers (Ogden Valley residents in particular) who may have a keen interest in carefully following and interpreting this fast developing story:

• BRIEF REVIEW OF UTAH EMINENT DOMAIN LAW BASICS (PDF)

Upon our initial review of these above rules, it appears that Wolf Creek Water & Sewer Improvement District has already satisfied the the pre-condemnation requirements for the initiation of an eminent domain proceeding,and that this matter is now "ripe" for adjudication in Ogden's 2d Utah District Court.

A possible "fly in the ointment?" Summit has a concurrent unlawful detainer (eviction) action still pending against Wolf Creek Water & Sewer Improvement District, concerning the same "subject" property. The ultimate irony, of course, would be a scenario wherein Summit might manage to oust  Wolf Creek Water & Sewer Improvement District in this eviction action, prior the the Wolf Creek District's perfection of its separate condemnation action.

Several weeks ago the Standard-Examiner urged these two warring Ogden Valley entities to "bury the hatchet":

• Our View: Make peace in Ogden Valley water war 

Sadly folks, that's just the opposite of what's happening at this juncture.

Standard-Examiner Editorial: Our View: Make Peace in Ogden Valley Water War

In the interest of kicking off a bit of possible WCF discussion this morning, we'll highlight this morning's Standard-Examiner editorial, calling for a "truce" in a percipient "water war" which has been  brewing in Ogden Valley over the course of the past year:

• Our View: Make peace in Ogden Valley water war

For the benefit of those who haven't been following this story, we'll provide these background stories and letters to the editor, just to add some historical perspective into what's fast developing into what we'll label the "Ogden Valley Water War":

• Water experts take jabs at each other over Summit's Hidden Lake Well
• Summit threatens Wolf Creek sewer district with eviction
• Summit showing its true colors
• Summit water exchange should be denied

This morning's editorial advocates the following proposed solution: 

We think for the sake of the entire valley, a compromise should be reached that involves a direct transfer of water from Pineview to Powder Mountain. Yes, we are talking about a pipeline. But that doesn’t mean Summit should bear all the responsibility of paying for such a pipeline.
If Jones decides to grant the well application, it should be done on a temporary basis so that all the stakeholders could be brought together to discuss a central water distribution system that serves everyone. Forming a compact, similar to the states using Colorado River water may be the best solution, with one system in Ogden Valley to distribute the water all entities are entitled to.
The springs and streams would then be free to flow into the reservoir, or the watershed in Cache County.
We understand water distribution systems can be expensive, but we feel it is time for such a solution. Let the peace talks begin.

We'll leave it up our gentle readers (especially those who reside in Ogden Valley) to explain whether this is a good idea (or not).

Don't let the cat get your tongues, O Gentle Ones.

And yes, we'll be keeping an "Eagle Eye" on this story as it develops.