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PROVO BENCH CANAL AND IRRIGATION CO. v. LINKE

Nos. 8390, 8391.

5 Utah 2d 53 (1956)

296 P.2d 723

PROVO BENCH CANAL AND IRRIGATION COMPANY, A CORPORATION, ET AL., PLAINTIFFS AND RESPONDENTS, v. HAROLD A. LINKE, AS STATE ENGINEER OF THE STATE OF UTAH (SUCCESSOR IN OFFICE OF ED. H. WATSON, FORMER STATE ENGINEER OF THE STATE OF UTAH) AND UNITED STATES OF AMERICA, THROUGH ITS BUREAU OF RECLAMATION, DEPARTMENT OF THE INTERIOR, DEFENDANTS AND APPELLANTS.

Supreme Court of Utah.

May 1, 1956.

Attorney(s) appearing for the Case

E.R. Callister, Jr., Atty. Gen., Robert B. Porter, Asst. Atty. Gen., A. Pratt Kesler, U.S. Dist. Atty., Salt Lake City, for appellants.

Dallas H. Young, Christenson & Christenson, Provo, for respondents.

J. Lee Rankin, Sol. Gen., and William H. Veeder, Atty. Dept. of Justice, Washington, D.C., for the United States.

Fisher Harris, Salt Lake City, amicus curiae.

WADE, Justice.

This appeal involves two applications by the United States of America to the State Engineer to change the place of diversion and use of many water rights acquired by it in the construction of the Deer Creek Reservoir in Provo Canyon. Over the protest of the lower water users the State Engineer approved these applications from which the protestants appealed by commencing this action in the District Court. The District Court rejected the applications...

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