The Utah Supreme Court unanimously upheld the Utah State Engineer’s rejection of Water Horse Resources’ proposal to divert 55,000 acre-feet of water from the Green River, part of the Colorado River system, and pump it across Wyoming to Fort Collins, Colorado. The court ruled that Utah water export laws are not overridden by Upper Colorado River agreements and found that Water Horse had not sufficiently demonstrated that the water could be put to beneficial use in Colorado, a key requirement under Utah law. Justice Diana Hagen emphasized that the company must prove beneficial use before export approval, rather than seeking approval first and then finding uses.
Water Horse CEO Aaron Million expressed optimism, stating the ruling highlighted the need for more thorough preparation rather than a project shutdown, and indicated plans to refine their application and engineering. Utah officials, including State Engineer Theresa Wilhelmsen and Colorado River Commissioner Gene Shawcroft, praised the ruling as a defense of Utah’s water sovereignty amid ongoing, contentious negotiations among Colorado River basin states over water management and cuts. Million described the project as a multi-use canal for agriculture, hydropower, and municipal needs, and intends to reapply for permits after strengthening their case.
