ESTATE OF STEED v. NEW ESCALANTE IRR.

No. 890426.

846 P.2d 1223 (1992)

The ESTATE OF Paul STEED Through its administratrix Mary KAZAN, Plaintiff and Appellant, v. The NEW ESCALANTE IRRIGATION CO., Defendant and Appellee.

Supreme Court of Utah.

Rehearing Denied March 4, 1993.


Attorney(s) appearing for the Case

L.R. Gardiner, Richard Ruckenbrod, Salt Lake City, for Estate of Steed and Mary Kazan.

Edward W. Clyde, Steven E. Clyde, Salt Lake City, for New Escalante.


HOWE, Associate Chief Justice:

Plaintiff Mary Kazan, the administratrix for the Estate of Paul Steed (hereinafter Steed), sought a decree compelling defendant New Escalante Irrigation Company to replace the amount of runoff and seepage water that Steed lost when New Escalante changed its method of water application. The trial court declined to grant the decree, and Steed appeals. We are called upon to determine the law applicable when the use of new technology impacts...

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