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BADGER v. BROOKLYN CANAL COMPANY

No. 970269.

966 P.2d 844 (1998)

Wesley BADGER and Utah Land Inc., Plaintiffs and Appellants, v. BROOKLYN CANAL COMPANY and Robert L. Morgan, State Engineer, Defendants and Appellees.

Supreme Court of Utah.

Rehearing Denied September 9, 1998.

Attorney(s) appearing for the Case

Paul M. Durham, Mark J. Gibb, Salt Lake City, for plaintiffs.

Jan Graham, Att'y Gen., Michael M. Quealy, John H. Mabey, Jr., Asst. Atty's Gen., Salt Lake City, and Ken Chamberlain, Richfield, for defendants.

DURHAM, Associate Chief Justice:

Wesley Badger and Utah Land Inc. ("private well plaintiffs") appeal from the district court's grant of summary judgment in favor of the Brooklyn Canal Company and the State Engineer. The district court found that plaintiffs did not make known the nature of their private well rights in a protest hearing before the State Engineer and therefore waived the right to claim any impairment to private well rights. We affirm.

Brooklyn...

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