S & G, INC. v. MORGAN

No. 860555.

797 P.2d 1085 (1990)

S & G, INC., a corporation, Plaintiff and Appellant, v. Robert L. MORGAN, State Engineer of the State of Utah, Defendant and Appellee.

Supreme Court of Utah.

May 1, 1990.


Attorney(s) appearing for the Case

Ken Chamberlain, Kay McIff, Richfield, for plaintiff and appellant.

R. Paul Van Dam, Dallin W. Jensen, Michael M. Quealy, Salt Lake City, for defendant and appellee.


HOWE, Associate Chief Justice:

S & G, Inc., owned 228 acres of land in Millard County, Utah, with the right to divert and use for irrigation purposes five cubic feet per second of water from a well from April to October each year. The certificate of appropriation entitled S & G "to use only sufficient water ... to constitute an economic duty without waste." Continuous use of the water right twenty-four hours per...

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