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PROVO CITY v. HANSEN

No. 15772.

601 P.2d 141 (1979)

PROVO CITY, a Municipal corporation, and Timpanogos Canal Company, a Utah Corporation, Plaintiffs and Appellants, v. Dee C. HANSEN, as State Engineer of the State of Utah, and United States of America, Bureau of Reclamation, Department of the Interior, Defendants and Respondents, Provo River Water Users Association, a corporation, Metropolitan Water District of Salt Lake City, Utah Lake Distributing Company, a corporation, Kennecott Copper Corporation, a corporation, Salt Lake City, a municipal corporation, Central Utah Water Conservancy District, Scott P. Wallace and Ruth Wallace, his wife, Darrell A. Conrad, Vilate P. Conrad, Charles Elmwood Conrad and Alice P. Conrad, his wife, and Utah Power and Light Company, Intervenors.

Supreme Court of Utah.

May 14, 1979.

Attorney(s) appearing for the Case

Jackson Howard of Howard, Lewis & Petersen, Provo, for plaintiffs and appellants.

Dallin W. Jensen, Asst. Atty. Gen., Salt Lake City, for State Engineer.

Ronald L. Rencher, U.S. Atty., Salt Lake City, for United States.

Dayle Jeffs, Provo, Edward W. Clyde, James B. Lee, Salt Lake City, Joseph Novak, Provo, for intervenors.

HALL, Justice:

Appeal from the dismissal with prejudice of a de novo review1 of a decision of the State Engineer.

On February 14, 1968, Timpanogos Canal Company filed a change application with the State Engineer to change the point of diversion and nature of use of certain water during the nonirrigation season. The water had been contracted to Provo City. Protests were lodged and hearings were conducted. On August 9, 1974, the...

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