Connect with us

Utah

Utah lawmakers address federalism while working to balance state, federal jurisdiction

Published

on

Utah lawmakers address federalism while working to balance state, federal jurisdiction


A new bill dealing with federal and state jurisdictional conflict is just one of multiple bills this session meant to deal with federal government overreach and emphasize Utah’s sovereignty.

HB380 establishes a mechanism to deal with jurisdictional conflict between the state and federal governments. It establishes a clear understanding that the federal government has a limited jurisdiction while the state has general jurisdiction.

“It’s the burden of the federal government to prove that it has jurisdiction when it’s acting,” said the bill’s sponsor Rep. Ken Ivory, R-West Jordan. “It’s their obligation to prove where they have authority.”

The goal of the bill is to keep the federal government from overstepping into state matters and it establishes what to if that does happen.

Advertisement

This bill also emphasizes specific areas where states have jurisdiction. These areas are natural resources, water resources and water rights, agriculture, education and energy resources.

“I think it’s just part of the progression of states rediscovering the general jurisdiction of states. For far too long, states have acted subservient, and that’s not the way our system was designed,” Ivory said.

According to Ivory, the general governing jurisdiction lies with the states while the constitution delegates few things to the federal government that are mostly interstate and international.

“Most of the things that concern the life, liberty, property of people are held by governments that more local, more accountable,” Ivory said. “So this just reestablishes that baseline, and then sets up, almost like a mediation process, rather than, a bully process.”

The bill also cites the Ninth and 10th amendments of the U.S. Constitution which both deal with rights not delegated to the federal government.

Advertisement

The 10th Amendment delegates all powers not given to the federal government to the states and to the people. The Ninth Amendment gives people power and sovereignty over things that don’t need government oversight such as how people brush their teeth or what clothes they buy.

There is another piece of legislation this session that also emphasizes the rights delegated by the 10th Amendment. SJR6 reaffirm’s Utah’s sovereignty under this amendment and includes the Legislature pledging to safeguard that sovereignty from unconstitutional federal overreach.

Why are these pieces of legislation necessary?

Ivory said that the Constitution is a genius document which sets up an incredible governing structure, but this structure requires both monitoring and maintenance to make sure the delicate balances and limits are functioning properly.

“If you don’t rotate the tires and change the oil and and check the belts regularly after not even a year that car is going to start operating not properly, and after a decade, you probably can’t even drive it anymore,” Ivory said. “Well, we haven’t been doing the regular maintenance on the vehicle of our government, and that’s what this is about.”

Ivory said these pieces of legislation are meant to help rebalance the relationship and partnership between the state and federal governments. It isn’t just the state government limiting the federal government but also looking for ways to work with the federal government.

Advertisement

“It’s like any organization, when the org chart is out of balance, you rebalance the roles and responsibilities, and that’s what we’re doing,” the representative said.

Ivory said that within a couple years the largest federal expense will be interest on the federal debt and that it is growing more than any other expense. This is unsustainable and needs to be rebalanced.

Over the years the states have allowed those in Washington to take over more and more of the decision-making.

The representative is concerned with the national debt that continues to grow and with that inflation is increasing as well. This is also a concern for the future generations and what life will look like for them.

“I have four grandchildren that I love more than life, and I can’t bear the thought of facing them when they’re trying to make their way in the world, and they say, ‘Grandpa, did you see this coming?’ And I’ll have to say ‘yes.’ And then the next question is going to be, ‘What did you do about it?’” Ivory said.

Advertisement



Source link

Utah

How Colorado River talks will affect Utahns and millions more across the Southwest

Published

on

How Colorado River talks will affect Utahns and millions more across the Southwest


Water from the Colorado River and its tributaries irrigates farms, sprinkles lawns and quenches the thirst of millions across Utah and the greater Southwest.

While only 27% of the state’s water comes from it, some 60% of Utahns rely on the Colorado River for drinking water, agriculture and industries such as energy and mining.

The future of that water supply is increasingly tenuous, though. The river is overallocated, meaning farmers, cities and companies have rights to more water than actually runs through the basin. That gap is only growing as climate change makes the region hotter and drier, slowing the river’s flow.

For years, representatives from the seven U.S. states that share the river have been in tense negotiations over how to manage the waterway during dry years. States were supposed to reach a basic agreement on Nov. 11, but they had nothing to show.

Advertisement

These complex negotiations have been happening behind closed doors with little opportunity for public input. But the result of these talks affects the lives of not only most Utahns, but 40 million people across the U.S. Southwest, northern Mexico and 30 federally recognized tribes.

The stakes are high. The river has sustained tribes for time immemorial and has allowed desert cities, such as Salt Lake City and Phoenix, to boom. It waters fields of fruit, vegetables and alfalfa, from melon farms in Utah’s Green River to agriculture giants in California’s Imperial Valley. It creates habitat for endangered fish and carves sandstone layers in beloved national parks, such as Canyonlands and the Grand Canyon.

(Francisco Kjolseth | The Salt Lake Tribune) The Colorado River loops back on itself before reaching the confluence with the Green and the start of Cataract Canyon in Canyonlands National Park as seen in mid-October 2021.

“[The Colorado River] matters to the economic integrity of the United States,” said Jack Schmidt, director of the Center for Colorado River Studies at Utah State University. “It matters to the well being of a significant amount of people.”

With less water flowing through the river system, though, states will have to cut back their consumption. But negotiators can’t agree on who carries that burden. If that plan includes mandatory cuts to Utah’s water use, that may affect cities, tribes and farmers across the state.

Advertisement

Utah’s major cities are “potentially vulnerable to cuts”

Utah’s bustling cities along the Wasatch Front are outside of the Colorado River Basin and get much of their water from the creeks and rivers that eventually end up in the Great Salt Lake. But residents still rely in part on the Colorado River thanks to a series of reservoirs and pipelines that deliver water from eastern Utah to cities such as Salt Lake.

Snow flakes falling in the Uinta Mountains this winter will eventually melt into rivers and creeks that feed the Green River, the Colorado River’s largest tributary. But some of that water will be diverted to Strawberry Reservoir then travel through pipelines across the Wasatch Mountain to Utah and Salt Lake Counties.

That web of dams and tunnels is called the Central Utah Project, the Bureau of Reclamation’s largest and most complex water project in Utah, according to the agency. That project is “potentially vulnerable to cuts,” though, because its water rights are newer, said Michael Drake, deputy state engineer with the Utah Division of Water Rights.

Utah, like most Western states, follows prior appropriation, or “first in time, first in right.” Those who began using water first, such as multigenerational farming families, hold senior rights and see cuts last.

(Christopher Cherrington | The Salt Lake Tribune)

Advertisement

“There’s no doubt the Central Utah Project is a junior user on the river,” Gene Shawcroft, Utah’s Colorado River commissioner, said during a press conference on Nov. 12. “We have capacity in reservoirs to help us through drought cycles. We will have to be very judicious about how we use the water during these periods of time when we have low water.”

One option, he added, was purchasing a farmers’ “third crop of hay,” to supplant the water available to cities and towns.

Farmers may take a “significant hit”

Some Utah farmers have been paid to temporarily fallow their fields as part of a new pilot program under the Colorado River Authority of Utah to reduce water use.

Kevin Cotner, a third generation farmer in Carbon County and the president of the Carbon Canal Company, let some of his fields rest for the past three years. He hopes his and his fellow farmers’ voluntary actions will prevent forced cuts.

“We’ve been aware of this potential downstream call on us at some point in the future,” he told reporters with the Colorado River Collaborative last month. “Our thoughts were … if there’s ever a negotiation, we’d be able to raise our hand and say, ‘Hey, we’ve been proactive on this from the get go.”

Advertisement

Agriculture accounts for roughly 62% of Utah’s use of Colorado River water, according to the Colorado River Authority of Utah. Utah’s state engineer already cuts farmers’ water use based on daily river flows and priority of water rights, Drake said.

Farmers may see deeper cuts, though, if Utah is required to use less water under a new Colorado River agreement. “Certainly our ag producers will take a pretty significant hit if we, the state engineer’s office, are called upon to curtail water rights,” Drake said.

During dry years, that may mean farmers have very little water. A few years ago, the Carbon Canal was only able to deliver direct flow water to the area’s farmers for three days out of the year, Kotner said. They relied on water from the Scofield Reservoir for the rest of the season.

(Francisco Kjolseth | The Salt Lake Tribune) Kevin Cotner, a farmer who uses Price River water, fallows some of his fields and leases the saved irrigation water to benefit the over-allocated Colorado River system, as seen on Aug. 16, 2023.

But those reservoirs may not be able to get farmers through dry stretches to the same extent if the state has to cut water use at a basin-wide scale. “Many of the storage reservoirs are operating on relatively junior water rights, so you might see those cut first,” Drake said. If those rights are cut back, the water will flow down stream rather than getting stored in reservoirs.

Advertisement

“A lot of these places are going to be operating as kind of run of the river, however much water is available in the river at any given time in the year,” Drake said. “So that’s going to be a hard challenge for farmers.”

Tribes have substantial water rights, but not all are settled or developed

The Ute Mountain Ute’s tribal owned farm enterprise couldn’t grow wheat this year for Cortez Milling Co., which makes the popular Blue Bird Flour, said Letisha Yazzie, water resources director for the Ute Mountain Ute Tribe.

The tribe only received 35% of its water allocation in Colorado this year. It bumped up its supply to 50% by purchasing water from the local irrigation company, but the tribe still had to fallow nearly half of its fields, Yazzie said.

Tribes typically have some of the most senior water rights in the Colorado River Basin, often dating back to the year the tribe’s reservation was established or in some cases time immemorial, according to the Congressional Research Service. But some tribes have accepted more junior water rights when resolving claims. As part of its settlement with Colorado, the Ute Mountain Ute Tribe agreed to take more junior water rights in exchange for drinking and agricultural water infrastructure.

The tribe still hasn’t resolved its rights in Utah. The Ute Indian Tribe, San Juan Southern Paiute Tribe and Kaibab Paiute Band also have unresolved water rights in Utah, according to a report by the Water & Tribes Initiative, an organization that builds tribal capacity in water policy and management. The federal government has an obligation to protect tribes’ federally reserved water rights, but tribes have to go through a lengthy and expensive legal process to quantify and secure their water.

Advertisement

Across the Colorado River Basin, eleven tribes still have unresolved claims as of 2023, according to the Congressional Research Service.

(Rick Bowmer | AP) Delanna Mart stands on a dock at a lake on Ute Indian Tribe of the Uintah and Ouray Reservation, Monday, July 25, 2022, in Fort Duchesne. The divvying up between Colorado River Basin states never took into account Indigenous Peoples or many others, and from the start the calculation of who should get what amount of that water may never have been balanced.

Colorado River Basin tribes that have settled their claims currently hold substantial water rights, roughly a quarter of all water in the basin, according to the Water & Tribes Initiative. Not all have the infrastructure to use that water, though.

“Certainly there’s been increased recognition that tribes don’t just have senior water rights, substantial water rights, but also that they haven’t been able to fully develop their rights and access that for the benefit of their communities,” said Heather Tanana, a citizen of the Navajo Nation and law professor at the University of Denver.

As the basin states discuss cuts, she added, “it’s not quite fair or equitable” to ask tribes to cut back their use since they haven’t been able to develop over the past century to the same extent as others.

Advertisement

“What we have at stake is our future,” Yazzie said.

The seven basin states — Arizona, California, Colorado, Nevada, New Mexico, Utah and Wyoming — have until mid-February to develop a more hashed out plan for the river’s future, according to the Interior Department. Whatever they decide will shape the future for tribes, farmers and millions of people across the Colorado River Basin.

This article is published through the Colorado River Collaborative, a solutions journalism initiative supported by the Janet Quinney Lawson Institute for Land, Water, and Air at Utah State University. See all of our stories about how Utahns are impacted by the Colorado River at greatsaltlakenews.org/coloradoriver.



Source link

Advertisement
Continue Reading

Utah

Will Hardy Speaks on Utah Jazz’s Lopsided Loss vs. Houston Rockets

Published

on

Will Hardy Speaks on Utah Jazz’s Lopsided Loss vs. Houston Rockets


The Utah Jazz took a humbling loss on the chin against the Houston Rockets on their home floor to end the weekend, falling short 101-129 in a rough performance on both sides of the ball.

Advertisement

It was another day the Jazz struggled with turnovers, logging 17 giveaways, shot a disappointing 28.1% from three on 32 attempts, and allowed 25 and 27 a piece to the Rockets’ star duo of Kevin Durant and Alperen Sengun.

Advertisement

All in all, a rough result for Utah coming off the heels of their prior victory vs. the Sacramento Kings. And following the game, Jazz head coach Will Hardy kept it real: things weren’t too hot for most of the day. 

“It wasn’t a very good game,” Hardy said postgame. “A lot of categories, live ball turnovers, 14 of them. You know, we’ve talked about this before: It’s impossible to make up for those plays. Not being strong with the ball in different moments.”

“I assume there’s gonna be three or four games where the ball flies out of your hands, things happen. But gotta be a little more solid.”

Will Hardy Wants Jazz to Increase Physicality

Advertisement

Nov 30, 2025; Salt Lake City, Utah, USA; Utah Jazz head coach Will Hardy watches play during the first half of the game against the Houston Rockets at Delta Center. Mandatory Credit: Rob Gray-Imagn Images | Rob Gray-Imagn Images

Hardy also pointed out the mishaps that happened for the Jazz offensively, particularly shooting the ball. Lauri Markkanen made two of five shots from deep, Brice Sensabaugh shot 16.7% off the bench, and a combined 0-8 for the trio of Walt Clayton, Kyle Filipowski, and Isaiah Collier.

Advertisement

But in light of those miscues from deep, Hardy also highlighted the bright spots the Jazz showed as a force on the glass, despite being outrebounded 50-33.

Advertisement

“We obviously didn’t shoot the ball well from three at all, and I thought for the majority of the game, we actually did a really good job of keeping them off the glass,” Hardy said. “At halftime, they had five offensive rebounds. It was a team that lives on the offensive glass. We have to continue to find ways to fight through the really physical tough games.”

“We have to continue to meet the level of physicality. that, uh… that our opponents bring to the table. But these are good. These are good learning moments for our team. Um, I thought Ace played really well tonight.”

It’s back to the drawing board for Hardy and the Jazz, who will have another meeting against the Rockets coming up quickly in a back-to-back showing on their home floor on Monday night.

Be sure to bookmark Utah Jazz On SI and follow @JazzOnSI on X to stay up-to-date on daily Utah Jazz news, interviews, breakdowns and more!

Advertisement



Source link

Continue Reading

Utah

Holloway’s lone goal lifts Blues past Mammoth | Utah Mammoth

Published

on

Holloway’s lone goal lifts Blues past Mammoth | Utah Mammoth


Karel Vejmelka made 18 saves for the Mammoth (12-11-3), who have lost the first two games of a season-long, six-game road trip; Utah lost 4-3 to the Dallas Stars on Nov. 28.

“We didn’t get the result we wanted,” Utah coach Andre Tourigny said. “I think we had a slow start but we got a little better afterward.

“We had too many mistakes. We shot ourselves in the foot with turnovers.”

The Blues held a moment of silence before the game for Utah captain Clayton Keller’s father Bryan, who passed away unexpectedly in his sleep on Thursday.

Advertisement

Keller, who was born in nearby Chesterfield, Missouri, but was raised in Swansea, Illinois, was overcome with emotion.

“First off, the coaching staff, the management has been unbelievable,” Keller said. “It’s beyond words.

“For me and my family, a big thanks to the Blues for everything they did tonight. They didn’t have to do that.”

On Friday, Dallas named Keller the First Star of the Game.

“It definitely has been a tough couple of days,” Keller said. “I couldn’t have done it without my family and my teammates. They had my back always.

Advertisement

“There’s lots of memories at this rink. I remember growing up and coming to games here, sitting on my dad’s lap and my grandpa’s lap. I admired those players and wanting to be out there.”

Holloway broke the ice to put the Blues ahead 1-0 at 18:10 of the second period, taking Philip Broberg’s drop pass in the left circle and beating Vejmelka high into the right corner.

“He’s such a good skater,” Holloway said of Broberg. “He’s putting the League on notice with how good he can skate. He’s a one-man breakout out there. [Robert Thomas] whipped it far side and I thought I was going to go forecheck again and I saw (No.) 6 buzzing up the ice, so I just tried to go for the drop pass and he made a great play. I just shot it on net and was lucky enough for it to go in.”

Utah forward Logan Cooley was injured at 6:17 of the third period after a collision with Blues forward Alexey Toropchenko. No penalty was initially called on the play, although Toropchenko was assessed a five-minute major for kneeing and a game misconduct after review.

The Blues killed the major penalty, allowing just three shots, blocking four and having one of their own — a Nick Bjugstad breakaway at 7:49.

Advertisement

“I just think everybody’s really committed, they’re running really good lines,” St. Louis coach Jim Montgomery said. “I thought that we won face-offs that really mattered and we cleared pucks 200 feet. Excellent job by our penalty killers and whenever the puck came to ‘Hof,’ he made the saves.”

NOTES: Tourigny had no update on Cooley after the game. … The Mammoth were shut out for the first time this season. … Holloway has five goals in the past 11 games after having just two in the first 15 games of the season. … Thomas has a three-game point streak (one goal, two assists).



Source link

Advertisement
Continue Reading
Advertisement

Trending