JANuary, 2015

Utah's Fourth District Court issues a third partial ruling (Memorandum Decision 3) in support of USAC’s positions in its Constitutional Rights (Provo River) lawsuit, ruling, in significant part:

1. Whether the PWAA substantially impairs the public’s interest in the lands and waters remaining is a disputed material fact to be resolved at trial.

2. The public trust resource at issue is the waters of the state of Utah generally, whether on public or private land, not the regulated easement.

3. Public trust must focus on what remains of the trust resource after the challenged disposition.

4. Existing impediments to full use of and access to the public trust resource (i.e., federal and state regulations) are relevant in determining whether a particular regulation impairs the public’s interest in the lands and waters remaining.