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BONHAM v. MORGAN

No. 880143.

788 P.2d 497 (1989)

Stanley B. BONHAM and Anne M. Bonham, Boyd F. Summerhays, and Arleen M. Summerhays, Plaintiffs and Appellants, v. Robert L. MORGAN, Utah State Engineer, Salt Lake County Water Conservancy District, a Political Subdivision of the State of Utah and a Body Corporate, and Draper Irrigation Company, a Utah Corporation, Defendants and Appellee.

Supreme Court of Utah.

Rehearing Denied March 21, 1990.

Attorney(s) appearing for the Case

James A. McIntosh, Salt Lake City, for plaintiffs and appellants.

R. Paul Van Dam, Michael M. Quealy, John H. Mabey, Jr., Salt Lake City, for Utah State Engineer.

LeRoy S. Axland, Carl F. Huefner, Kendrick J. Hafen, Salt Lake City, for Salt Lake Water Conservancy Dist.

Lee Kapaloski, David L. Deisley, Salt Lake City, for Draper Irrigation Co.

William J. Lockhart, Salt Lake City, for Nat. Parks and Conservation Ass'n.

Dallin W. Jensen, Salt Lake City, for Weber and Davis Counties Canal Co.

Edward W. Clyde, Salt Lake City, for Central Utah Water Conservancy Dist.

Joseph Novak, Salt Lake City, for Provo River Water Users Ass'n.

Ray L. Montgomery, Salt Lake City, for Salt Lake City.

Thorpe A. Waddingham, Delta, for Delta Canal.

PER CURIAM:

Plaintiffs appeal from a summary judgment which denied them standing to pursue count one of their complaint against the state engineer. The summary judgment was certified final under rule 54(b) of the Utah Rules of Civil Procedure to vest this Court with jurisdiction to hear the appeal. See Utah Code Ann. § 78-2-2(3)(e)(v) (Supp. 1988).

Plaintiff Stanley B. Bonham, who is not a water user, protested against a permanent change application filed...

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