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PROVO RIVER WATER USERS ASS'N v. LAMBERT

No. 16724.

642 P.2d 1219 (1982)

PROVO RIVER WATER USERS ASSOCIATION, a corporation, et al., Plaintiffs and Respondents, v. Hubert C. LAMBERT, as State Engineer of the State of Utah; Provo City Corporation, et al., Defendants and Appellants, Lawson O. Hamblin and Ida Hamblin, his wife, Intervenors and Appellants.

Supreme Court of Utah.

February 10, 1982.

Attorney(s) appearing for the Case

Joseph Novak, Dallin W. Jensen, Thomas E. Clyde, Erie V. Boorman, Ray L. Montgomery, Thomas W. Forsgren, Salt Lake City, for defendants and appellants.

Jackson Howard, Provo, E.J. Skeen, Salt Lake City, for plaintiffs and respondents.

HENRIOD, Retired Justice:

This is a case involving the ownership of the right to use 2.52 cubic feet per second of the waters of Provo River, a tributary of Utah Lake in central Utah. It has a protracted and somewhat litigious history in more than one sense and some of the facts about which it is concerned predate the statutory interdiction that turned the method of appropriation from a diligence use only to one conditioned on filing an application with the Utah State...

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