Golden Gate University Law Review


Ron Love


This article addresses the background of this historically significant creek, its encapsulation early in the twentieth century, and a modern-day attempt to daylight the creek using legislation originally enacted as part of the Clean Water Act. The article also traces the background leading to the national movement towards the current trend of restoring rivers and streams, which began in the 1970s, and has continued to the present time. The article also looks briefly at the Brownfields Showcase Project which spurred the daylighting. It will also explore in detail the US Army Corps of Engineers' ("USACE") efforts under the ecosystem restoration program towards daylighting the creek, as will the Urban Rivers Restoration Initiative ("URRI"), a congressionally-directed joint initiative of the USACE and the Environmental Protection Agency (the "EPA"). Under a pilot grant from the URRI, the Salt Lake City Planning Division has initiated the development of a small area master plan for the neighborhood affected by the creek daylighting project ("Daylighting Project"). The article will explain the Daylighting Project as well. The conclusion aims to provide insight to others who may be anticipating the daylighting of an urban stream.