Update on Recent State of Utah Water Rights Mailing

We recently received information from Blake Bingham, the Division of Water Rights engineer managing this water rights audit. His explanation is that the Division is undergoing a water rights audit for City Creek canyon water. The audit entails court action to establish clear title, or to remove invalid title to those water rights. In that regard, the mailings are mandatory to all property owners within the City Creek subdivision. The Division shows no existing water rights for American Towers. In addition, water rights are entirely dependent upon whether you appropriate them (use them) or not. Since we do not now use any water, either surface water or sub-surface water other than that which we buy from the City, we have no appropriations of water and therefore, if we had any historic water rights, they are probably not valid. In addition, we have no evidence, and the Division shows no record, that we ever had any historic water rights. Given this information, the mailing simply appears to be a mandatory mailing to property Owners in order to identify those who may think they have water rights. If you think you own any water rights in City Creek canyon, please follow the instructions in the mailer. The Association however, upon advice of our attorney, will be taking no action whatsoever as we have been unable to establish any basis for asserting any water right claims.