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Welcome to elimvalley.net. Before accessing this site, please read and acknowledge the following:

1. NOT LEGAL ADVICE. This website provides general information about homeowners association governance, Utah statutes, public records, and related topics. This information is provided for educational and informational purposes only. Nothing on this website constitutes legal advice, and no attorney-client relationship is created between you and the operators of this site.

2. NOT PREPARED BY AN ATTORNEY. The analysis, summaries, briefing documents, and other content on this site were not prepared by a licensed attorney. The site operators are homeowners sharing research with their community, not legal professionals.

3. NO GUARANTEE OF ACCURACY. While we strive for accuracy and cite primary sources (Utah Code, county records, state filings), we make no warranty or representation that any information on this site is complete, accurate, or current. Laws change. Records may contain errors. Our interpretations may be wrong.

4. VERIFY INDEPENDENTLY. All information on this site should be independently verified through official sources before being relied upon. Statutory citations should be checked against current law. Public records should be confirmed with the issuing agency.

5. CONSULT YOUR OWN ATTORNEY. Before taking any action based on information found on this site — including but not limited to filing complaints, making demands, attending meetings, or communicating with HOA representatives — you should consult with a licensed Utah attorney who can evaluate your specific situation.

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7. COMMUNITY ADVOCACY, NOT PROFESSIONAL SERVICE. This site is operated by concerned homeowners for the benefit of the Elim Valley HOA community. It is not a law firm, legal aid service, or professional advisory service.

Where Did the Water Go?

How 700 acre-feet of water rights were moved away from Elim Valley

Chapter 1

Your Water Supply

Eight underground wells in the Harrisburg Dome area have been pumping water since 1958. Together they hold 1,936 acre-feet of water rights — enough to irrigate over 300 acres. Your neighborhood sits right next to four of these wells.

Learn more

In Utah, water rights are property that can be bought and sold separately from land. An "acre-foot" is about 326,000 gallons. These rights date back to 1958 and are among the most senior (and therefore most valuable) in the area.

Chapter 2

The Transfer (2020–2023)

Between December 2020 and March 2023, approximately 700 acre-feet of water was legally transferred away from these wells to a water park and agricultural land miles from your neighborhood.

Learn more

The entities involved include Scott Nielson / Blow Sand LLC (Jellystone Park) and Molly's Milk Irrevocable Trust (South Hurricane Fields farm). All share the same law firm — Ruesch Reeve — as the HOA and the Declarant.

Chapter 3

Wells That Can No Longer Pump

The four wells closest to your neighborhood — less than three-quarters of a mile away — lost their legal right to pump water. They may still physically exist, but they cannot legally be used.

Learn more

When a change application moves water away from a well, that well loses its authorization. The physical infrastructure might still be there, but turning it on would be illegal under Utah water law. This is likely why parts of the irrigation system don't work.

Chapter 4

Wells Ordered Sealed

Two wells were ordered permanently abandoned and sealed by the State Engineer. Once sealed, a well cannot be reopened — the water access is destroyed forever.

Learn more

Under R655-4-14, abandonment requires filling the bore with cement and bentonite. The State Engineer required this because these wells were left without any water right, and unused wells pose contamination risks to the aquifer.

Chapter 5

Your Water, Someone Else's Farm

A new well was drilled 3 miles southeast of your neighborhood in April 2022. It's 1,120 feet deep and is actively pumping your former water to irrigate agricultural land.

Learn more

The well (HA-1, WIN 446381) was drilled by Anzalone Drilling and confirmed functional in June 2022. The 685 acre-feet is now physically being used to grow crops on someone else's property. It's not coming back without a new legal action.

Chapter 6

The Ticking Clock

Western Mortgage still holds 1,725 acre-feet of water rights on the remaining wells, but they've filed "nonuse" papers. If nobody uses this water by 2030, these rights could be permanently forfeited.

Expires 2030

Filed 2023Deadline: May 31, 2030

Learn more

Utah has a "use it or lose it" water law. Nonuse filings temporarily pause the clock, but they expire May 31, 2030. If the water isn't put to beneficial use before then, the State Engineer can declare the rights forfeited. This is why attorney consultation is urgent.

Chapter 7

The Promise That Came 5 Days Late

On February 3, 2022, the state approved removing all water from the wells near your neighborhood. Five days later, on February 8, the CC&Rs were recorded — promising you an irrigation system that no longer had water.

Feb 3, 2022State Engineer approves removal of 685 AF from wells near subdivision
Feb 8, 2022CC&Rs recorded — §13.7 promises "pumps to supply irrigation water"
Apr 2022HA-1 replacement well drilled 3 miles away
2022–2024Homes sold to buyers who believed CC&R promises
Mar 2026Homeowners discover the water was removed before CC&Rs were recorded

Learn more

The people who filed for the water removal are connected to the same network of developers and law firm (Ruesch Reeve) that represents the Declarant, the HOA, and the builders. No one protested the removal. The HOA board — controlled by the Declarant — did not file a protest on behalf of homeowners.

8 wells, 1,936 AF serving the area

Active well

Nonuse filed

Abandoned

Ordered sealed

Transfer dest.

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Where Did the Water Go?

Your Water Supply

The Transfer (2020–2023)

Wells That Can No Longer Pump

Wells Ordered Sealed

Your Water, Someone Else's Farm

The Ticking Clock

The Promise That Came 5 Days Late

Parcel Map