Council hears state water-rights clarification, Emery Town emergency planning as Colorado River talks stall

A presenter identified in the record as Cash said the obligations of water rights remain in force even during firefighting and that compensation, when used, typically must be arranged with the rights holder unless the governor declares a state emergency.

"Some people have a misunderstanding that, if there's a fire going on, the water right obligations go away, and they do not," Cash said in the council's agency-report segment. He added that compensation for water used in firefighting can come from state or federal sources but that the right itself remains.

The presenter also updated the council on larger Colorado River negotiations, saying states have not reached agreement and that the federal government’s draft environmental impact statement (EIS) and a subsequent record of decision are expected in coming weeks. Cash said federal operational changes are likely to prompt litigation but that the government typically continues operations while suits proceed.

"It is anticipated here within the next couple weeks that the federal government will issue basically their draft EIS... and then it's anticipated that by mid August they will sign and say that this is the record of decision," Cash said.

Council members pressed for local implications. Cash said that tributary operations in Emery County will continue in priority order unless there is a signed interstate agreement or a court order from the U.S. Supreme Court altering obligations. He also described options for developers or companies seeking groundwater: small permanent new appropriations in Emery County are limited (about 4.73 acre-feet permanent) while larger temporary uses can be issued on fixed 10-year terms.

Separately, Cash said Emery Town is exploring short-term emergency water measures with state-engineer involvement and that the town has submitted applications to the state office for emergency adjustments. The presenter said a virtual coordination meeting for Emery Town emergency water planning is scheduled for July 16.

The council did not take any formal action on river negotiations or permit policy at the meeting; members were advised to await federal decisions and any ensuing legal developments. The minutes of the session were approved at the start of the meeting.

The council staff said it will monitor the federal EIS timeline and will convene local partners for the Emery Town emergency meeting on July 16 (virtual).