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State of Utah v. United States

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Before HENRY, Chief Judge, and KELLY and LUCERO, Circuit Judges.

The State of Utah, by and through its Division of Forestry, Fire, and State Lands (Utah), filed this quiet title action against the United States and private landowners pursuant to the Federal Quiet Title Act, 28 U.S.C. § 2409(a), and state law. Utah asserted title to the lakebed of Utah Lake, a navigable body of freshwater west of Provo that covers 150 square miles. See Utah Div. of State Lands v. United States, 482 U.S. 193, 198 (1987). Utah based its claims upon the equal footing doctrine, under which the State automatically acquired ownership of the lakebed on January 4, 1896, when it entered the union. See id. at 195-96. It asserted that it owned the land up to the lake’s ordinary high water mark at statehood–”the level where the body of water would normally stand during high water period, when not affected by floods and draught and free from all other disturbing causes.” Provo City v. Jacobsen, 176 P.2d 130, 136 (Utah 1947) (Larson, C.J., dissenting).

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