Utah Attorney General Sean Reyes issued a press release this week with an update concerning the Ute Indian Tribe’s lawsuit against the Department of Interior and the State of Utah. The press release shares that a federal judge dismissed claims in a lawsuit filed by the Ute Indian Tribe against the U.S. Department of Interior, the State of Utah, and the Central Utah Water Conservancy District. The Tribe alleged mismanagement of water-development projects in northeastern Utah. In 2018, the Ute Indian Tribe of the Uintah and Ouray Reservation filed two lawsuits against the Department of Interior regarding water issues. The State of Utah intervened in one action and was later named as a defendant. The suits claimed that the federal government was perpetuating historical discrimination regarding water rights on Tribal lands, violating the Tribe’s sovereignty, and questioning whether the government had fulfilled necessary trust responsibilities. “All along, the State of Utah has maintained there was no discrimination regarding the Tribe’s water rights, and we’re grateful the judge affirmed that,” said Teresa Wilhelmsen, Director of the Utah Division of Water Rights and State Engineer. “Difficult emotions can arise from cases like this, and the State is ready to move forward. It intends to continue working with the Tribe in the administration of the Tribe’s significant water rights in a cooperative and mutually productive way. The court dismissed 12 of the 16 claims against the United States and the State of Utah and transferred the remaining four claims to the District of Utah Federal Court. According to background information provided in the Attorney General’s press release, D.C. District Court Judge Carl J. Nichols heard arguments in July 2021 on the defendants’ separate motions to dismiss the lawsuit and, by Order dated September 15th, 2021, granted those motions, dismissing the Tribe’s trust, contract, jurisdictional, and civil rights claims. It also stated that the 1992 Central Utah Project Completion Act settled “once and for all” the Tribe’s water claims and that the Tribe has received over $354 million in compensation pursuant to that Act.
