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EAST JORDAN IRR. CO. v. MORGAN

No. 920125.

860 P.2d 310 (1993)

EAST JORDAN IRRIGATION COMPANY, Provo River Water Users' Association, and Salt Lake City Corporation, Plaintiffs and Appellants, v. Robert L. MORGAN, State Engineer of Utah, and Payson City Corporation, Defendants and Appellees.

Supreme Court of Utah.

August 5, 1993.

Attorney(s) appearing for the Case

Denise A. Dragoo, Stanford B. Owen, P. Bruce Badger, Salt Lake City, for East Jordan Irrigation Co.

Joseph Novak, Marc T. Wangsgard, Salt Lake City, for Provo River Water Users' Ass'n.

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

R. Paul Van Dam, Atty. Gen., Michael M. Quealy, John H. Mabey, Jr., Asst. Attys. Gen., Salt Lake City, for Robert L. Morgan.

Steven E. Clyde, D. Brent Rose, Salt Lake City, for Payson City Corp.

HALL, Chief Justice:

Plaintiff East Jordan Irrigation Company ("East Jordan") appeals from a grant of summary judgment upholding the state engineer's decision allowing defendant Payson City Corporation ("Payson"), a shareholder in East Jordan, to change the point of diversion of a portion of East Jordan's water without the company's consent. We reverse.

East Jordan is a nonprofit mutual water corporation1 owning legal title to...

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