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MURDOCK v. SPRINGVILLE MUN. CORP.

No. 920499.

878 P.2d 1147 (1994)

In the matter of the general determination of the rights to the use of all the water, both surface and underground, within the drainage area of Utah Lake and Jordan River in Utah, Salt Lake, Davis, Summit, Wasatch, Sanpete, and Juab Counties in Utah. Captola C. MURDOCK, Jane C. Hinckley, Russell N. Stansfield, Lyle D. Hatch, Melvin L. Whiting, David and Ruth M. Fuller, William C. and Paula O. Jones, and A. Bert and Julia A. Cherrington, Plaintiffs and Appellants, v. SPRINGVILLE MUNICIPAL CORPORATION, Defendant and Appellee.

Supreme Court of Utah.

March 24, 1994.

Attorney(s) appearing for the Case

E.J. Skeen, Joel C. Momberger, Salt Lake City, for plaintiffs.

Dallin W. Jensen, Lee Kapaloski, Paul D. Veasy, Salt Lake City, for defendant.

Jan Graham, Atty. Gen., Michael M. Quealy, John H. Mabey, Jr., Asst. Attys. Gen., Salt Lake City, for Utah State Engineer.

HOWE, Justice:

Plaintiffs appeal from the district court's order dismissing their petition seeking a determination of their water rights as against defendant Springville Municipal Corporation.

Plaintiffs and Springville claim water rights in Spring Creek which were established prior to 1903. In or about 1918, Springville cut off most of the Spring Creek water and diverted it into its culinary water system. Springville agreed to furnish plaintiffs' predecessors...

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