Utah v. United States

780 F.2d 1515
CourtCourt of Appeals for the Tenth Circuit
DecidedDecember 26, 1985
DocketNo. 83-1731
StatusPublished
Cited by1 cases

This text of 780 F.2d 1515 (Utah v. United States) is published on Counsel Stack Legal Research, covering Court of Appeals for the Tenth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Utah v. United States, 780 F.2d 1515 (10th Cir. 1985).

Opinion

HOLLOWAY, Chief Judge.

The State of Utah timely appeals from a summary judgment quieting title in the United States to the bed of Utah Lake, located in Utah County, Utah. Judgment was entered on the theory that the United States withdrew the lakebed as part of an 1889 reservoir site selection, and that title did not pass to the State of Utah under the equal footing doctrine when Utah became a State in 1896, and that title to the lakebed did not pass to the State under the Submerged Lands Act of 1953, 43 U.S.C. §§ 1310-1315. 624 F.Supp. 622 (D.Utah 1983).

We affirm.

I

The factual background

As noted in Utah’s brief, the controversy that gave rise to this litigation occurred in the autumn of 1976 when the Bureau of Land Management of the Department of the Interior began to issue oil and gas leases on the bed of Utah Lake1 — an act that the State viewed as a violation of its ownership and property rights to the bed of Utah Lake. Appellant’s Brief 2; see also I R. 39, 48. Following unsuccessful efforts to resolve the conflicting claims, the State initiated this action to quiet title.

In its complaint the State claimed that on January 4, 1896, by virtue of the State’s admission into the Union on an equal footing with all other states, the State of Utah became the owner, and has ever since been the owner, of the bed of Utah Lake, a navigable body. of water located wholly within the State. I R. 1-2. Utah Lake is the largest freshwater lake in the State, with a surface area of approximately 150 square miles. Marsh, 740 F.2d at 800.

By way of an amended complaint, the State alternatively claimed that if for any reason it did not obtain title to the bed of Utah Lake at the date of statehood, it obtained full title thereto, including all natural resources in the bed and waters of such lake, on or about May 22, 1953, by virtue of the Submerged Lands Act, 43 U.S.C. §§ 1301 et seq., and particularly § 1311(a). I R. 40. The State requested the court to adjudicate and declare the State of Utah to be the owner of the bed of Utah Lake and the natural resources associated therewith and also requested that the court enjoin defendants from interfering with Utah’s ownership and management. I R. 2-3, 40.

By way of answer, defendants denied all of Utah’s ownership claims to the bed of Utah Lake. I R. 10-11, 47-48. Defendants asserted that title to the bed of the lake had remained in federal ownership by virtue of a reservoir site selection on April 6, 1889, by then Director of the United States Geological Survey, J.W. Powell, and that the State received no title to the lands in question by virtue of the Submerged Lands Act. I R. 97-98. Defendants further claimed, as a procedural and jurisdictional matter, that any legal challenge regarding the effect of the 1889 withdrawal on the title to the bed of Utah Lake had to be brought under the Quiet Title Act, 28 U.S.C. § 2409a, by the party disputing the title.of the United States, and that any action brought under the Quiet Title Act by plaintiff was barred by the statute’s 12-year limitation period in § 2409a(f). I R. 97.

Cross-motions for summary judgment were filed. After a hearing, the district court issued its Memorandum Opinion and Order observing as an initial matter that the parties were in dispute regarding the procedure by which the case had come before the court, with plaintiff insisting that the suit was one for a declaratory judg[1517]*1517ment and defendants maintaining that it was a quiet title action; however, the court declined to resolve this jurisdictional dispute, ruling that either theory gave it the opportunity to examine the merits of the ease.2 II R. 332.

Turning to the merits, the district court found that the United States withdrew the bed of Utah Lake as part of the 1889 reservoir site selection, as revealed by language used in the correspondence and documents surrounding the 1889 withdrawal. The court further found that the withdrawal of Utah Lake was made after the United States acquired the territory, and before the State of Utah was created, for the appropriate public purpose of providing irrigation for future settlers of the arid west; thus, the United States’ title in the area was not cut off by the subsequent creation of the State and the application of the equal-footing doctrine. Finally, the court rejected the State’s contention that it obtained title to the bed of Utah Lake under the Submerged Lands Act, ruling that the bed of Utah Lake was excluded from the application of that Act by way of the exception provided in § 1311(a) for land retained by the United States before statehood. The court denied plaintiff’s motion and granted defendants’ motion for summary judgment.

On appeal, the issues presented are (1) whether the pre-statehood reservoir site withdrawal by the United States on Utah Lake prevented the State of Utah from acquiring title to the bed of Utah Lake as a matter of constitutional equal-footing, and (2) whether the Submerged Lands Act confirms any interest in the bed of Utah Lake in the State of Utah. Appellant’s Brief 1-2.3

II

The equal-footing doctrine

In Potter v. Murray City, 760 F.2d 1065 (10th Cir.), cert denied, — U.S.-, 106 S.Ct. 145, 88 L.Ed.2d 120 (1985), we stated:

The equal footing doctrine embraces the precept that each state is equal in power, dignity, and authority, and that a state’s sovereign power may not be constitutionally diminished by any conditions in the acts under which the State was admitted to the Union; any conditions imposed by Congress would not operate to restrict the State’s legislative power in respect of any matter which was not plainly within the regulating power of Congress. Coyle v. Smith, 221 U.S. 559, 567, 573, 574 [31 S.Ct. 688, 690, 692, 693, 55 L.Ed. 853] (1911).

Id. at 1067 (footnote omitted).

[1518]*1518In Montana v. United States, 450 U.S. 544, 551-52, 101 S.Ct. 1245, 1251, 67 L.Ed.2d 493 (1981), the Supreme Court summarized the basic principles of the equal-footing doctrine in issue here as follows:

As a general principle, the Federal Government holds [lands under navigable waters] in trust for future States, to be granted to such States when they enter the Union and assume sovereignty on an “equal footing” with the established States. Pollard’s Lessee v. Ha-gan, 3 How. 212, 222-223, 229 [11 L.Ed. 565]. After a State enters the Union, title to the land is governed by state law. The State’s power over the beds of navigable waters remains subject to only one limitation: the paramount power of the United States to ensure that such waters remain free to interstate and foreign commerce. United States v. Oregon, 295 U.S. 1, 14 [55 S.Ct. 610, 615, 79 L.Ed.

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Related

State of Utah v. United States
780 F.2d 1515 (Tenth Circuit, 1985)

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780 F.2d 1515, Counsel Stack Legal Research, https://law.counselstack.com/opinion/utah-v-united-states-ca10-1985.