City Watch

A judge has ruled the Utah Legislature overstepped when it repealed and replaced a 2018 ballot initiative creating an independent redistricting commission. Now, she’s ordering lawmakers to draw new congressional maps in time for the 2026 election.

Third District Court Judge Dianna Gibson handed down the ruling Monday evening — a major development in a complex, yearslong court case that has major implications for the future of Utah’s federal political landscape. 

“Plaintiffs have proven, as a matter of law, that the Legislature unconstitutionally repealed Proposition 4, and enacted SB 200, in violation of the people’s fundamental right to reform redistricting in Utah and to prohibit partisan gerrymandering,” Gibson wrote in the ruling. 

The judge also enjoined the state’s 2021 congressional map and directed the Legislature to “design and enact a remedial congressional redistricting map in conformity” with the 2018 ballot initiative known as Better Boundaries and its mandatory independent requirements. 

The ruling comes during a time when debate over redistricting is at the forefront on the national stage — and it now propels Utah into the fray. While redistricting efforts in Texas, California and other states are playing out mid-decade — fueled by President Donald Trump’s aim to bolster the U.S. House’s slim GOP majority in the 2026 midterm elections — Utah’s effort for an independent and nonpartisan process is court ordered.

The ruling — if allowed to stand — could force the Republican-controlled Utah Legislature to redraw maps for its congressional boundaries that it last set in 2021. Before those maps were adopted, one of Utah’s four U.S. House seats was competitive for Democrats. Today, Republicans consistently dominate all four.

However, that all depends on the final outcome of the case — which isn’t over. Attorneys for the Utah Legislature have indicated that if Gibson didn’t rule in their favor, they’d appeal to the Utah Supreme Court and possibly the U.S. Supreme Court.

Utah’s top Republican legislative leaders left the door open Monday to additional legal or legislative maneuvering.

“While disappointed by the court’s decision, we remain committed to protecting the voices of Utahns and upholding the Legislature’s state and federal constitutional authority to draw congressional districts,” House Speaker Mike Schultz, R-Hooper, and Senate President Stuart Adams, R-Layton, said in a joint statement. “We will carefully review the ruling and consider our next steps.”

Utah Gov. Spencer Cox issued a short statement saying he disagreed with an earlier Utah Supreme Court ruling that sent the redistricting case back to Gibson’s court room last July. In that unanimous opinion, Utah’s highest court ruled Gibson erred when she initially dismissed the claim that the Legislature overstepped when it repealed and replaced Proposition 4.

“Today’s decision is not a surprise after the Supreme Court’s ruling last summer,” Cox said. “While I respect the role of the courts in our system, I continue to disagree with that decision.”

Gibson’s ruling sides with the plaintiffs — which include the groups League of Women Voters of Utah, Mormon Women for Ethical Government and the Campaign Legal Center — in an anti-gerrymanding lawsuit that’s stretched on for more than two years over an issue that dates back even further. 

Now, with Gibson’s ruling, the court has reinstated the language of Proposition 4, the 2018 ballot initiative that requires redistricting maps to comply with a set of specific standards meant to prevent partisan gerrymandering.

To “remedy” the 2021 congressional map that’s now been deemed unconstitutional, Gibson proposed a timeline to govern additional court proceedings between now and Nov. 1, giving the Legislature 30 days to draw a new congressional map “that complies with the mandatory redistricting standards and requirements originally established under Proposition 4.”

“The Legislative Defendants are ordered to make their chosen remedial map available to Plaintiffs and the Court no later than 5:00 p.m. on September 24, 2025 or within 24 hours of enacting the new congressional map, whichever occurs earlier,” the judge wrote.

The judge said plaintiffs and other third parties “may also submit proposed remedial maps” to the court on Sept. 24 if the Legislature doesn’t enact a map that complies with Proposition 4 by its deadline or if the plaintiffs “contend that the remedial map fails to abide by and conform” to Proposition 4.

‘Watershed moment’

The lawsuit’s plaintiffs and leaders of Better Boundaries were elated by Monday’s ruling. They chatted excitedly and hugged each other as they gathered outside the Matheson Courthouse in Salt Lake City for a news conference as evening fell.

Elizabeth Rasmussen, executive director of Better Boundaries, called the ruling a “major win, not just for the plaintiffs, but for the voters of Utah and for the future of citizen-led reform in this state.” 

“We are thrilled that the court has reaffirmed what we have known all along — that the people have co-equal lawmaking authority with the Legislature. That the Legislature violated the Utah Constitution when they overturned Proposition 4. And that Utahns deserve fair, independent maps they voted for almost seven years ago,” she said. 

The plaintiffs’ attorney David Reymann said the ruling was a “watershed moment in Utah for the voices of Utah voters.” 

“We have maintained from the start that the Legislature in this state is not king, that their power derives from the people,” Reymann said. “Today, the voice of Utah voters was vindicated by the district court, which held that the Legislature cannot ignore what the Utah voters enact without consequence.” 

Reymann said the judge has also set up a process “that will allow us to give to voters what they voted for so many years ago, which is a map that is not stacked in favor of one party.” 

Emma Petty Addams, co-executive director of Mormon Women for Ethical Government and one of the plaintiffs, called the ruling “a significant and meaningful victory … for every Utahn who believes that government should serve the people.” 

“The court today reaffirmed that citizens have both the right and the responsibility to reform unjust systems. That this right cannot be discarded by elected officials for their own political convenience,” Addams said. 

To Utah’s state leaders, Addams issued a call to work together rather than continue to fight. 

“Let’s work together to create a more representative government. The people have spoken. The courts have spoken. Now is the time to move forward with cooperation and respect for the rule of law,” she said. 

This article was originally published by Utah News Dispatch, read the full story here.

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See more stories like this and all of our City Watch coverage. And while you’re here, why not subscribe and get six annual issues of Salt Lake magazine’s curated guide to the best of life in Utah?

About the Author

Katie McKellar covers Utah government as a senior reporter for Utah News Dispatch. She specializes in political reporting, covering the governor and the Utah Legislature, with expertise in beats including growth, housing and homelessness.

President Donald Trump this week vowed to “lead a movement to get rid of” voting by mail ahead of the 2026 midterm elections. 

“WE WILL BEGIN THIS EFFORT, WHICH WILL BE STRONGLY OPPOSED BY THE DEMOCRATS BECAUSE THEY CHEAT AT LEVELS NEVER SEEN BEFORE, by signing an EXECUTIVE ORDER to help bring HONESTY to the 2026 Midterm Elections,” the president said in a post on Truth Social Monday. 

Trump, who has long opposed voting by mail, continued to claim, without evidence, that it’s fraught with fraud. 

Utah has been the only red state among eight that have conducted universal by-mail elections, including six Democratic strongholds and one swing state — a fact that some conservatives here have balked at, while others have defended the state’s by-mail system as a popular, convenient and safe voting method. 

After Trump’s post, Utah’s top election official, Lt. Gov. Deidre Henderson, a Republican, issued a short statement on social media without addressing the president directly. 

“The constitutional right of individual states to choose the manner in which they conduct secure elections is a fundamental strength of our system,” Henderson said. 

The president, however, asserted that states should do what the federal government wants. 

“Remember, the States are merely an ‘agent’ for the Federal Government in counting and tabulating the votes,” Trump said. “They must do what the Federal Government, as represented by the President of the United States, tells them, FOR THE GOOD OF OUR COUNTRY, to do.”

Another high-ranking Republican and member of GOP legislative leadership — Senate Majority Assistant Whip Mike McKell, R-Spanish Fork — disagrees. 

McKell told Utah News Dispatch in an interview Tuesday that, like Henderson said, states have the right to choose how to administer their elections, and that he’d push back on an effort to completely undo voting by mail. 

“In Utah, we’re in a good place. I think there’s strong support for vote by mail. There’s also strong support for security,” McKell said.

He added that’s “the needle we tried to thread” earlier this year when the 2025 Utah Legislature passed a bill that he sponsored to require voter ID and eventually phase out automatic voting by mail in this state by 2029. The aim of that bill, he said, was to preserve voting by mail as an option for Utah voters while also adding a new layer of security. 

Even though local polls have shown a vast majority of Utahns remain confident in their elections, Gallup polling shows trust nationally has decreased especially among a faction of Republican voters since 2006 as elections have become more polarized. After Trump lost the 2020 election, he ramped up rhetoric to cast doubt on election security and voting by mail. 

Asked about Trump’s comments this week, McKell reiterated it’s a matter of states rights. 

“It is a federalism issue,” he said. “If it’s not enumerated in the (U.S.) Constitution, it’s reserved for the states. That’s article 10. I think states have the right to dictate how they run their elections.” 

McKell also defended Utah’s track record as a state that has used voting by mail for years, starting with optional pilot programs that counties opted into before moving to universal voting by mail. 

“In the state of Utah, Republicans have done really well with vote by mail. We elect Republicans,” he said, also noting that Trump in 2024 won the red state handily. “There’s generally broad support for vote by mail, especially among rural voters and elderly voters in Utah.” 

He added that “it’s OK if there’s some tension between the federal government and state government,” but he argued the Constitution clearly reserves elections for states to control and administer. 

Pressed on how he’d respond to pressure from the Trump administration to get rid of voting by mail, McKell said, “I would resist a movement that didn’t originate in the state,” adding that he responds to his constituents, not the federal government. 

“If there’s a movement to change vote by mail, it needs to come from — it must come from — the state,” he said. “It’s a state issue. The states need to be in control of their own elections. Right now, I don’t feel like there’s a reason to eliminate vote by mail. I think we do a good job.” 

Not all Republicans in Utah embrace voting by mail, however, Earlier this year, McKell’s bill was the result of a compromise between the House and Senate to more drastically restrict the state’s universal vote-by-mail system. 

Asked whether Trump’s comments could further inflame skepticism around the security of voting by mail in Utah, McKell said it’s nothing new. “We saw these comments before, and even going into the last legislative session, there were folks that opposed vote by mail.” 

But McKell said multiple state audits “have shown that our elections are safe and secure,” while legislators have also made efforts to continually improve the system where issues have cropped up, like in voter roll maintenance. 

It remains to be seen whether Trump’s comments could fan some Republican lawmakers’ appetite to go after voting by mail during their next general session in January, but McKell said typically every year there’s a slew of election bills for legislators to sort through. 

Asked whether he plans to make any tweaks to his 2025 bill, McKell said he’s still talking with clerks about any possible changes. 

“I feel like we did strike a really appropriate balance, but that doesn’t mean we shouldn’t look at ways to make it better,” he said, adding that he doesn’t have any specific proposals yet, “but that could change as we get closer to the legislative session.” 

This story was originally published by Utah News Dispatch, read the full article here.

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See more stories like this and all of our City Watch coverage. And while you’re here, why not subscribe and get six annual issues of Salt Lake magazine’s curated guide to the best of life in Utah?

About the Author

Katie McKellar covers Utah government as a senior reporter for Utah News Dispatch. She specializes in political reporting, covering the governor and the Utah Legislature, with expertise in beats including growth, housing and homelessness.

Salt Lake City Mayor Erin Mendenhall has issued yet another call to the Utah Legislature to more seriously consider funding requests to bolster the state’s homeless system. 

The mayor held a news conference on Wednesday hours after the Utah Office of Homeless Services released its annual report — which showed an 18% increase in the number of Utahns experiencing homelessness on a single night in January, according to the 2025 Point-in-Time Count. 

That number “should be heard as a battle cry,” Mendenhall said outside City Hall, “to bring more energy, focus and leadership to this issue by our state Legislature.” 

“I want to be clear that I’m standing here before you today because I’m deeply concerned about the trajectory of homelessness in the state of Utah and in our capital city,” she said. “And once more, I’m extremely concerned by the lack of forward momentum from legislative leaders to address this growing statewide crisis.”

On Wednesday, Mendenhall pointed to the state’s newly released homelessness data as evidence that the state’s homeless system is facing growing needs. That report also showed the number of Utah children experiencing homelessness increased by 22% and the number of unhoused Utahns over the age of 64 rose 42%.

“To our state leaders, your partners are here. We are ready and willing to work with you. And the changes that are needed are clear,” Mendenahall said, noting that city leaders have made a proposal to increase homeless shelter capacity, but it lacks state funding. 

“As your partners, we have a plan for 1,300 more shelter beds. We have made land available, yet as of today, we have only one-third of the capital funding needed to build the first phase, and not a penny of operational capital.”

‘Our citizens expect results, not finger-pointing,’ governor and legislative leaders say

In response to Mendenhall’s call, however, Utah’s top Republican leaders — Gov. Spencer Cox, Senate President Stuart Adams, R-Layton, and House Speaker Mike Schultz, R-Hooper — issued a joint statement saying the state has invested hundreds of millions in homeless services in recent years. And they urged Mendenhall to “turn down the politics.”

“Over the past five years, the state has made the largest investment in homeless services in our state’s history, spending more than $266 million on addressing homelessness. That includes setting aside $25 million to build a transformative campus,” Cox, Adams and Schultz said.

They added that across the nation, “addressing homelessness is primarily a city and county responsibility, but in Utah, the state has stepped up as a committed partner, working alongside local governments and the private sector to find real solutions.”

“The state remains committed to enhancing public safety and maintaining order, but lasting solutions require collaboration and partnership from the city, county and private sector leaders,” they added. 

While Cox, Adams and Schultz said they’ve been “encouraged” by newly-appointed Salt Lake City Police Chief Brian Redd’s efforts to improve safety in Salt Lake City, “it’s frustrating to continuously take one step forward and two steps back with Salt Lake City.”

“The city needs to stay focused on its core responsibility of protecting its citizens, keeping streets safe and clean and making our capital a place Utahns can be proud of and visitors want to experience,” they said. “We urge Mayor Mendenhall to turn down the politics and keep working with us to find practical and lasting solutions to this complex issue. Our citizens expect results, not finger-pointing.”

‘Salt Lake City is making good on our part’

This marks the second time in less than a month that the mayor of Utah’s capital city has called on the Republican-controlled Legislature to take city requests more seriously for more funding to more holistically address crime, substance abuse, affordable housing and homeless services.

Last month, Mendenhall said she was “disappointed” in the lack of progress from the Legislature to adhere to a list of recommendations she included the public safety plan she presented in response to demands from state leaders, who had grown frustrated with crime, drugs and illegal camping in Salt Lake City ahead of the 2025 Legislature. 

The mayor on Wednesday again pointed to her public safety plan and the actions the Salt Lake City Police Department took to increase enforcement and address homelessness.

“Salt Lake City is making good on our part,” she said. “But the reality is, this is a humanitarian crisis. This is not something we can police our way out of. … Salt Lake City is taking enforcement as far as we can, and to little avail.”

The mayor said Salt Lake City police are on pace to set records for total arrests this year, “thanks in part to increased proactive policing by our officers.” She also noted that overall citywide crime remains at or below a 16-year low.

“We are enforcing our laws,” she said, “but the sad reality is that without more mental health treatment, more shelter beds, more permanent supportive housing and more capacity in our jails, too many people remain on our streets.” 

Mendenhall said it should come as no surprise that the state’s homeless population is increasing “due to financial and economic pressures” along with a longstanding housing shortage and home and rental prices that have skyrocketed over the past five years.

“There are simply not enough options for housing, shelter beds, treatment centers or social services to meet the demand in this state,” she said.

The 2026 Utah Legislature’s general session is scheduled to convene on Jan. 20. Acknowledging that’s months away, Mendenhall said the need is “startling,” so she’s issuing the call now. 

“I’m telling you now, in the middle of our warmest months, that the situation is dire,” she said. 

This story was originally published by Utah News Dispatch, read the full article here.

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See more stories like this and all of our City Watch coverage. And while you’re here, why not subscribe and get six annual issues of Salt Lake magazine’s curated guide to the best of life in Utah?

About the Author

Katie McKellar covers Utah government as a senior reporter for Utah News Dispatch. She specializes in political reporting, covering the governor and the Utah Legislature, with expertise in beats including growth, housing and homelessness.

Amid the state-imposed higher education reallocations process, the University of Utah is planning to cut over 80 inactive courses and programs, with the College of Humanities taking the biggest hit within the list.

As part of a 2025 law, public universities and colleges in the state have to make cuts of 10% of their budget for courses, aiming to weed out “inefficient” programs. Those funds would be set aside in a special account that would later be used to expand high-demand course offerings. Institutions already showed initial plans to the Utah Board of Higher Education in June. 

However, with tight deadlines, and several steps along the way of final approval, some details haven’t been finalized.

The University of Utah Board of Trustees agreed on a list of course cuts that include several Middle East studies post-graduate programs and other world languages courses. Other cuts encompass some mining engineering certificates and science teaching programs. 

“These decisions reflect careful consideration and consultation with college, school and departmental leadership,” University of Utah Provost Mitzi Montoya said in a July 9 memo to academic leaders.

The state’s flagship university reached the decision after conducting a data-informed analysis of academic programs, Montoya said. That study began with courses that have had “little to no recent enrollment or degree conferrals.”

Students currently enrolled in the programs will have support with “clear, timely pathways to degree completion” or can transition to other academic alternatives, Montoya said in the memo. 

The school’s Academic Senate also agreed on the cuts, citing that the programs had between 0 and 1 total students graduating over the last eight years, commending the university leaders for using data analytics to inform their decisions.

“We recognize that there will be further, more painful rounds of cuts and restructurings, but we hope this can serve as a precedent and a model,” Richard Preiss, president of the Academic Senate, wrote in a report to the board of trustees.

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This article was originally published by Utah News Dispatch

See more stories like this and all of our City Watch coverage. And while you’re here, why not subscribe and get six annual issues of Salt Lake magazine’s curated guide to the best of life in Utah?

About the Author

Alixel Cabrera covers the status of diverse Utah communities, growth, infrastructure and education for Utah News Dispatch.

All of Utah is now in either moderate or severe drought, which is causing the state’s lakes and reservoirs to decline at an abnormally fast rate. 

According to a report this week from the Utah Division of Water Resources, the state’s reservoir levels dropped by about 10% between June 1 to July 1—levels typically drop by about 2% during that timeframe. 

“Unfortunately, our storage is declining at a concerning rate,” said Candice Hasenyager, director at the Utah Division of Water Resources, during a news conference at the Jordanelle Reservoir on Monday. “This dramatic decrease in storage is a clear signal that we need to watch how we use our water more closely than ever before.” 

Abnormally dry weather, coupled with an underwhelming spring runoff season, have resulted in all of the state now experiencing some kind of drought. The desert regions in eastern and western Utah are now in severe drought, which means the air quality is worsened by dust, cattle have inadequate water, and pasture and streams and ponds are drying out, according to the U.S. Drought Monitor. 

Higher elevation areas in central Utah are in moderate drought, which limits feed for cattle, negatively impacts soil moisture and begins to dry out natural springs. 

That’s resulted in a statewide decline in reservoir levels. Earlier this month, almost all of northern Utah’s reservoirs were above 90% capacity — now, Porcupine, Jordanelle, Strawberry and Currant Creek reservoirs are the only bodies of water in Utah above 90% capacity. 

And some reservoirs in the south are now at meager levels. Lake Powell, the second-largest reservoir in the country, is at 32% capacity; Yuba Reservoir is at 20%; Piute Reservoir is at 22%: and Panguitch Lake is at 50%. 

Statewide, the average reservoir level is 75%. 

Meanwhile, the Great Salt Lake is currently at about 4,192 feet in elevation, several feet below 4,198, the minimum for what’s considered a healthy range. Lake levels peaked in April at about 4,193 feet, and according to the Division of Water Resources, will continue to decline until temperatures drop and the irrigation season ends this fall. 

Some water providers have now imposed restrictions on water usage and irrigation — to see if your provider is enforcing restrictions, visit the Utah Department of Natural Resources’ website.

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See more stories like this and all of our City Watch coverage. And while you’re here, why not subscribe and get six annual issues of Salt Lake magazine’s curated guide to the best of life in Utah?

ABOUT THE AUTHOR

Kyle Dunphey covers politics, public safety and the environment for Utah News Dispatch. He was named Best Newspaper Reporter by the Utah Society of Professional Journalists in 2023 for his work on crime and immigration at the Deseret News.

This month most counties in Utah will oversee primary elections for local offices ahead of the Nov. 4 general election. With a portion of a new election law now effective, clerks will have less time to receive mail-in ballots. But, those planning to vote in advance can still cast their votes in various methods.

Every county — except for Daggett, Grand, Morgan, Piute, Rich and Uintah — have at least one primary race for mayors offices and city councils happening on Aug. 12, according to the Utah Lt. Governor’s Office. Utah County residents are also electing candidates for school board.

“A lot of these people that we’re electing at the local level are making decisions on things like roads, parks, schools in some cases, and zoning, and permits, and libraries, and police and fire, and setting your tax rates and fees,” Cambria Cantrell, elections coordinator at the lieutenant governor’s office said. “So local elections matter as much as, if not, sometimes more than any other.”

The deadline to register to receive a by-mail ballot has passed. However, voters can still send in their ballots by mail. Unlike other elections, there isn’t a specific last day to postmark a ballot, but Cantrell warns, voters should send them in as soon as possible.

That’s because a phase of HB300, an election law the Utah Legislature passed this year, now requires clerks to receive any votes sent by mail by 8 p.m. on election night. 

“We are encouraging people, if they plan to mail their ballot, to do it early, just to allow plenty of time for it to get through the Postal Service system,” Cantrell said.

Dropboxes in every city across the state are also a good option to submit the ballots that may not make it on time in the mail. 

This is also the first election under HB69, a 2025 law banning clerks from accessing and disclosing voter records for personal purposes.

Utahns may also notice a change in their ballot envelope design. Utah County and other jurisdictions that hadn’t made the change yet implemented privacy tabs to cover personal information so that only elections officials are able to see it.

In another change, while it isn’t required yet, some counties started adding a spot where voters can provide the last four digits of their social security or driver’s license numbers for verification, a phase of HB300 that will officially become effective statewide in 2029.

Voters who are registered to vote but haven’t received their ballots in their mail have until Tuesday, Aug. 5, to request one, Cantrell said. The deadline for voters using the Uniformed and Overseas Citizens Absentee Voting Act is Aug. 11. 

Same-day registration is also available for those voting in person. Voters may visit the state’s election website to read more about the candidates running for public office in their cities. Early voting times vary depending on the county. 

Municipal primaries like these are generally less popular among voters. Turnout in most counties is often in the 20% to 30% range, Cantrell said. That’s a little lower than turnout in primary elections for statewide offices, which last year was in the 46% to 47% range.

Because some races will be defined in primaries, state election officials encourage Utahns to participate.

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This article was originally published by Utah News Dispatch

See more stories like this and all of our City Watch coverage. And while you’re here, why not subscribe and get six annual issues of Salt Lake magazine’s curated guide to the best of life in Utah?

About the Author

Alixel Cabrera covers the status of diverse Utah communities, growth, infrastructure and education for Utah News Dispatch.

As wildfires across the state intensify, Utah Gov. Spencer Cox declared a 30-day state of emergency starting on Thursday. 

The order allows the government to use all available state resources “to protect lives, homes, livestock and drinking-water supplies threatened by this year’s severe fire season,” according to a news release. It also authorizes the deployment of the Utah National Guard if needed, and streamlines assistance for local governments.

In an executive order, the governor cited severe drought as one cause exacerbating wildfire hazards. As of Thursday, the National Weather Service had identified 22 red flag warning days in Utah, a caution used when extreme fire behavior is likely, including a combination of high winds, low humidity and dry conditions, posing a high risk of wildfires.

“Heroic efforts are underway as firefighters and emergency personnel work around the clock to save homes and neighborhoods,” Cox said in a statement. “We are mobilizing every tool at our disposal to support them and keep Utahns safe.” 

This year Utah has recorded 718 fires, which have burned nearly 140,000 acres, according to the order. Over 100,000 of those burnt acres were due to the four largest active wildfires in the state. The cost of fighting them has exceeded $103 million. 

“Shifting winds, abundant dry fuels, and fast-moving flames continue to threaten the surrounding community. The governor will continue to urge residents to follow evacuation orders and stay clear of the area so first responders can operate safely and effectively,” Cox’s office said in the release.

About 70% of wildfires in the state have been human-caused. Cox advised Utahns to reduce sparks from everyday activities.

This article was originally published by Utah News Dispatch

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A judge has dismissed a lawsuit from environmentalists that argued Utah’s now-failed petition to the U.S. Supreme Court to gain control of millions of acres of federal land was unconstitutional, which would have prevented the state from bringing a similar case forward in the future.  

Last week, 3rd District Court Judge Thaddeus May dismissed the lawsuit from the Southern Utah Wilderness Alliance, siding with the state in a case that stems from Utah’s 2024 petition to wrest control of 18.5 million acres of Bureau of Land Management, or BLM, land. 

But since the U.S. Supreme Court declined to hear Utah’s case, May said the environmental group’s argument is now moot. 

“The non-existence of that suit is fatal,” May wrote, while also finding the group’s “statements about any future action to be too vague to be redressable.”

The Southern Utah Wilderness Alliance, or SUWA, disagreed with the ruling — since Utah leaders, including Gov. Spencer Cox, have suggested they will try to re-file the lawsuit in a lower court, they still have a case, the group said. 

Utah filed its lawsuit with the country’s high court in August of last year, arguing that it’s unconstitutional for the BLM to hold “unappropriated land” — land that lacks a formal designation — in perpetuity. Unappropriated land does not include national parks, monuments, or forests. It’s often used for cattle grazing or wildlife habitat, with much of it found in Utah’s west desert. 

SUWA filed a lawsuit in December arguing the petition violated the Utah Constitution. Utah, the constitution reads, must “forever disclaim all right and title to the unappropriated public lands.” 

But not long after SUWA filed its lawsuit, the U.S. Supreme Court declined to hear Utah’s case, which the state was attempting to bring directly before the high court. State leaders, including Utah Gov. Spencer Cox, said they might try filing a similar lawsuit in a lower court. 

SUWA then filed an amended complaint, based on Cox and other leaders’ comments, in an effort to prevent the state from trying to revive its lawsuit. 

In a hearing earlier this month, May heard arguments for and against keeping the lawsuit going. During the hearing, May seemed to suggest it would be easier for SUWA to sue Utah once they actually re-filed their complaint. 

“If the suit is unknown, why is it not better to wait for that suit to be filed in federal court and then have a reaction? Why does this court have to preempt that decision or that lawsuit?” May asked. 

In a statement, SUWA’s legal director Steve Bloch said he disagreed with the ruling, and was considering “potential next steps.” 

“We’re disappointed with today’s decision but grateful that the true intent of the state’s lawsuit has been made clear: to force the sale of millions of acres of public lands to the highest bidder and not to acquire these lands for the state, as its deliberately misleading media campaign suggests,” Bloch said. “It’s our position that with the repeated statements made by Governor Cox — doubling down on the state’s intent to refile its lawsuit in federal district court — Judge May had what he needed to proceed with our case and conclude that Utah’s constitution prohibits the state from bringing a lawsuit like this in the first place.”

This article was originally published by Utah News Dispatch.

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See more stories like this and all of our City Watch coverage. And while you’re here, why not subscribe and get six annual issues of Salt Lake magazine’s curated guide to the best of life in Utah?

ABOUT THE AUTHOR

Kyle Dunphey covers politics, public safety and the environment for Utah News Dispatch. He was named Best Newspaper Reporter by the Utah Society of Professional Journalists in 2023 for his work on crime and immigration at the Deseret News.

All of Utah is now in either moderate or severe drought, which is causing the state’s lakes and reservoirs to decline at an abnormally fast rate. 

According to a report this week from the Utah Division of Water Resources, the state’s reservoir levels dropped by about 10% between June 1 to July 1—levels typically drop by about 2% during that timeframe. 

“Unfortunately, our storage is declining at a concerning rate,” said Candice Hasenyager, director at the Utah Division of Water Resources, during a news conference at the Jordanelle Reservoir on Monday. “This dramatic decrease in storage is a clear signal that we need to watch how we use our water more closely than ever before.” 

Abnormally dry weather, coupled with an underwhelming spring runoff season, have resulted in all of the state now experiencing some kind of drought. The desert regions in eastern and western Utah are now in severe drought, which means the air quality is worsened by dust, cattle have inadequate water, and pasture and streams and ponds are drying out, according to the U.S. Drought Monitor. 

Higher elevation areas in central Utah are in moderate drought, which limits feed for cattle, negatively impacts soil moisture and begins to dry out natural springs. 

That’s resulted in a statewide decline in reservoir levels. Earlier this month, almost all of northern Utah’s reservoirs were above 90% capacity — now, Porcupine, Jordanelle, Strawberry and Currant Creek reservoirs are the only bodies of water in Utah above 90% capacity. 

And some reservoirs in the south are now at meager levels. Lake Powell, the second-largest reservoir in the country, is at 32% capacity; Yuba Reservoir is at 20%; Piute Reservoir is at 22%: and Panguitch Lake is at 50%. 

Statewide, the average reservoir level is 75%. 

Meanwhile, the Great Salt Lake is currently at about 4,192 feet in elevation, several feet below 4,198, the minimum for what’s considered a healthy range. Lake levels peaked in April at about 4,193 feet, and according to the Division of Water Resources, will continue to decline until temperatures drop and the irrigation season ends this fall. 

Some water providers have now imposed restrictions on water usage and irrigation — to see if your provider is enforcing restrictions, visit the Utah Department of Natural Resources’ website.

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ABOUT THE AUTHOR

Kyle Dunphey covers politics, public safety and the environment for Utah News Dispatch. He was named Best Newspaper Reporter by the Utah Society of Professional Journalists in 2023 for his work on crime and immigration at the Deseret News.