BLUE CASTLE PROJECT - WATER RIGHTS
STATE ENGINEER DECISION AND CHALLENGE
◊ BLUE CASTLE PROJECT
◊ BLUE CASTLE PROJECT - WATER RIGHTS
◊ KANE COUNTY WCD WATER RIGHTS APPLICATION
◊ SAN JUAN COUNTY WCD WATER RIGHTS APPLICATION
◊ 2010 WATER RIGHTS HEARING
◊ BLUE CASTLE PROJECT - NRC EARLY SITE PERMIT
ORAL ARGUMENTS SCHEDULED FOR JANUARY 26, 2016
Utah Court of Appeals to hold oral arguments on January 26, 2016, on the appeal of the State Engineer decision to authorize the withdrawal of water from the Green River for the proposed Blue Castle Project Nuclear Reactor.
PLAINTIFFS APPEAL 7th DISTRICT COURT DECISION
TO UTAH COURT OF APPEALS
Plaintiffs have appealed Judge George M. Harmond, Jr.'s decision upholding the Utah State Engineer's appropriation of 53,600 acre feet from the Green River for the proposed Blue Castle Project nuclear reactor: Appellate Case No. 20140429-CA; Heal Utah, et al. v Kane Co. Water, et al.
7th DISTRICT COURT DECISION UPHOLDS
APPROVAL OF WATER FOR GREEN RIVER NUCLEAR REACTOR
Judge George M. Harmond, Jr. of the Utah 7th District Court issued a decision upholding the Utah State Engineer's appropriation of 53,600 acre feet (~ 87,000,000 gallons per day) from the Green River for the proposed Blue Castle Project nuclear reactor. The proponent of the reactor, Blue Castle Holdings Inc., has plans to submit an application to the Nuclear Regulatory Commission for an Early Site Permit.
• District Court - Memorandum and Decision - November 27, 2013 (6.6 MB)
• Salt Lake Tribune article
• Proceeding Transcripts - September 23 to 27, 2013
~ September 23
~ September 24
~ September 25
~ September 27
BLUE CASTLE PROJECT NUCLEAR REACTOR
WATER RIGHTS TRIAL
SEPTEMBER 23 TO 27 — PRICE, UTAH
Starting September 23, 2013, Judge M. George Harmond, Jr. of the Utah 7th District Court will hear the appeal of the State Engineer’s appropriation of water from the Green River for the proposed Blue Castle Project nuclear reactor a few miles west of the City of Green River. Attorneys John Flitton and Lara Swensen of Park City, Utah, will represent plaintiffs Uranium Watch, Living Rivers, Sierra Club, Utah Rivers Council, two Green River river recreation companies, and several individuals.
The San Juan County and Kane County Water Conservancy Districts, Blue Castle Holdings Inc., and State Engineer will present their testimony Monday and Tuesday. Experts and attorneys for plaintiffs will present their testimony starting on Wednesday.
This proceeding is the culmination of a 4-year effort to bring some sense to the allocation of Utah waters for ill advised, risky, and speculative energy projects. Plaintiffs’ four experts will provide testimony that supports what the Water Rights’ Protesters have been saying all along: "The Blue Castle Project is not economically or physically feasible and would have an unacceptable adverse impact on the Green River ecosystem.”
PLAINTIFFS FILE APPEAL OF STATE ENGINEER'S DECISION
On March 27, 2012, attorneys for Uranium Watch, Living Rivers, HEAL Utah, Center for Water Advocacy, Moki Mac River Expeditions, Holiday River Expeditions, Utah Rivers Council, Sierra Club, and others filed an appeal of the State Engineer's decision in the 7th Utah District Court for Emery County . The case in now in the expert testimony, deposition, and interrogatory phase. Later in 2013 there will be a proceeding with oral arguments in Price, Utah.
• Request and Complaint - Kane County Water Conservancy District
• Request and Complaint - San Juan County Water Conservancy District
PROTESTORS FILE REQUEST FOR STATE ENGINEER RECONSIDERATION
On February 9, 2012, Uranium Watch, Living Rivers, Center for Water Advocacy, and three citizens of the Moab area filed a Request for Reconsideration with the State Engineer. The Request asked the State Engineer to reconsider his January 20, 2012, orders approving the Kane and San Juan County Water Conservancy Districts' requests to transfer rights to water to the Green River for use at the Blue Castle Project nuclear reactor. HEAL Utah, Center for Biological Diversity, Sierra Club, Utah Rivers Council, and other protestors also submitted a Request for Reconsideration.
Protestors challenged the State Engineer determinations that the there was sufficient water for the proposed project, that the project was physically and economically feasible, and that the project would not adversely affect other users, recreation, and the ecology of the river. Additionally, Uranium Watch asserted that the lease agreement between Blue Castle Holdings Inc. and the Kane County Water Conservancy District had expired.
• Real money? Blue Castle defends Utah reactor financing - SL Tribune - February 27
• Feds: Company backing Utah nuclear plant is a fraud - SL Tribune- January 27, 2012
• Utah gives green light to nuclear power plant - SL Tribune- January 20, 2012
◊ REQUESTS FOR RECONSIDERATION
• HEAL Utah, et al., Request for Reconsideration - February 8, 2012
• Uranium Watch, et al., Request for Reconsideration - February 9, 2012
• List of Exhibits
• Exhibits A - I
• Exhibits J - P
~ A. Utah Business Search, Transition Power Development LLC.
~ B. Delaware Incorporation, Blue Castle Holdings, Inc.
~ C. Utah Business Search, Blue Castle Holdings, Inc.
~ D. Assignment and Assumption of Water Rights Lease Agreement, San Juan County Water Conservancy District, June 17, 2010.
~ E. Assignment and Assumption of Water Rights Lease Agreement, Kane County Water Conservancy District, July 14, 2010.
~ F. Water Rights Lease Agreement, Kane County Water Conservancy District and Transition Power Development LLC. (Part of Exhibit E.)
~ G. Independent Technical Analysis of Orders of State Engineer, Permanent Change Applications 09-462 and 89-74, Lawrence R. Eichner, P.E.
~ H. Electronic Communications between Leon Pexton (UAMPS) and Aaron Tilton (TPD/BCH), May and December 2009.
~ I. Notice of Project Financing for Continuing Development of Blue Castle Power Plant; Change Applications a35402 (89-74) and a35874 (09-462), John H. Mabey, Jr., October 7, 2010.
~ J. Blue Castle Nuclear Power Project Signs $30 Million Private Capital Agreement, Blue Castle Holdings, June 29, 2010.
~ K. 1990 - 2010 Number of Retail Customers by State by Sector (EIA-861).
~ L. "SEC Charges Multiple Hedge Fund Managers with Fraud in Inquiry Targeting Suspicious Investment Returns," U.S. Securities and Exchange Commission, December 1, 2011.
~ M. "Order Instituting Administrative and Cease-and-Desist Proceeding," U.S. Securities and Exchange Commission, November 11, 2011.
~ N. "Feds: Company backing Utah nuclear plant is a fraud," Salt Lake Tribune, Judy Fahys and Steven Oberbeck, January 26, 2012.
~ O. Testimony of Megan A. Estep, Chief, Division of Water Resources, U.S. Fish and Wildlife Service, January 12, 2010.
~ P. Dr. Paul B. Holden, PhD, Senior Fisheries Biologist, Letter to Kent Jones State Engineer, February 19, 2010.
• "Changes in Snowmelt Runoff Timing in Western North America Under a 'Business as Usual' Climate Change Scenario;" Iris T. Stewart, Daniel R. Cayani, and Michael D Dettinger, 2004.
• Climate Models, Understanding global shifts in water availability, USGS.
• "Emerging Issues for Fossil Energy and Water: Investigation of Water
Issues to Coal Mining, Coal to Liquids, Oil Shale, and Carbon Capture and Sequestration, Melissa Chan et al., June 2006, report prepared for U.S. National Energy Technology Laboratory, DOE/NETL-2006/1233.
• "Fossil Foolishness, Utah’s Pursuit of Tar Sands and Oil Shale," Western Resource
• Intergovernmental Panel on Climate Change, Application of Climate Information and
Predictions in Water Sectors; Capabilities, K.D. Sharma & A.K. Gosain, 2009.
• League of Women Voters of Utah Water Study, League of Women Voters, September 2009.
• "Proposed Oil Shale and Tar Sands Resource Management Plan Amendments to Address Land Use Allocations in Colorado, Utah, and Wyoming and Final Programmatic Environmental Impact Statement," Vol. 2, U.S. Bureau of Land Management, September 2008.
• "When will Lake Mead go dry?," Tim P. Barnett and David W. Pierce, Scripps Institution of Oceanography, University of California San Diego, La Jolla, California, January 23, 2008.
◊ STATE ENGINEER APPROVAL OF WATER RIGHTS FOR NUCLEAR REACTOR
On January 20, 2012, Kent Jones, the State Engineer, Utah Division of Water Rights, has approved the water right change applications to provide 53,600 acre-feet of water from the Green River for the proposed Blue Castle Project Nuclear Reactor near the town of Green River.
• Division of Water Rights Press Release
• Kane County WCD Decision
• San Juan County WCD Decision
Last updated October 23, 2015