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ESKELSEN v. TOWN OF PERRY

No. 900119.

819 P.2d 770 (1991)

In the matter of the general determination of rights to the use of all water, both surface and underground, within the drainage area of Bear River and all its tributaries in Utah. Richard M. ESKELSEN and Virginia E. Eskelsen, Plaintiffs and Appellants, v. TOWN OF PERRY, a municipal corporation, Defendant and Appellee. LaNez Norman, A Party in Interest and Appellant.

Supreme Court of Utah.

Rehearing Denied November 12, 1991.

Attorney(s) appearing for the Case

E.J. Skeen, Salt Lake City, for plaintiffs and appellants.

Jeff R. Thorne, Brigham City, for defendant and appellee.

DURHAM, Justice:

This is an interlocutory appeal from a decree entered in a proceeding under section 73-4-24 of the Utah Code. Under the terms of that section, the trial court's interlocutory decree will control the rights of the parties in and to the water involved until a final decree is entered in the ongoing general adjudication of water rights on the Bear River in northern Utah.

This case presents us with a dispute...

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