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Update: Judge Denise Lindberg this week approved the United Effort Plan setting aside 834 acre feet of irrigation water, valued at $6,000 an acre foot, as a bond in the Elissa Wall lawsuit.

St. George • The motions the Utah and Arizona attorneys general filed nominating Val Oveson to become the new fiduciary of the United Effort Plan had some other requests of the judge.

The two states asked Utah 3rd District Court Judge Denise Lindberg to appoint a board of trustees to start making some decisions, including how to distribute property.

Utah Assistant Attorney General Joni Jones in an interview on Tuesday clarified that neither state is asking such a board be given autonomy — Lindberg would maintain oversight of the board and the UEP. The fiduciary, whether it be Oveson, current fiduciary Bruce Wisan, or whoever, would then act as the executive.

That would satisfy attorney Roger Hoole and his clients, some who are residents of Hildale. In his motion supporting Oveson, Hoole requested that if a board is appointed, Lindberg or any judge who replaces her when she retires this year should maintain oversight.

In an interview Tuesday, Hoole said judicial oversight is important to ensure due process and appeal rights when homes and property are distributed.

A board to make decisions has long been discussed as a way to remove the state of Utah from running the UEP. Recently, it was determined that liability insurance for such a board was unavailable or unaffordable. Without insurance, any board member who was sued for decisions he or she made would have their own assets at risk.

If Lindberg maintains oversight of the board, it would be immune from lawsuits.

It's not clear when Lindberg will make a decision about the UEP fiduciary. As of Wednesday, no hearings were scheduled.

There are other issues pending before Lindberg.

Wisan is waiting for her to approve the distribution of 26 homes in Hildale, and for her to approve a $5 million bond in Elissa Wall's lawsuit against the UEP.

@tribunepolygamy