IN RE GENERAL DETERMINATION OF THE RIGHTS TO USE OF ALL WATER

No. 960299.

982 P.2d 65 (1999)

1999 UT 39

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.

Rehearing Denied August 6, 1999.


Attorney(s) appearing for the Case

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

Jan Graham, Att'y Gen., Michael M. Quealy, John H. Mabey, Jr., Ass't Att'ys Gen., Dallin W. Jensen, Lee E. Kapaloski, Paul D. Veasy, James E. Karkut, Salt Lake City, for defendants.


ZIMMERMAN, Justice:

¶ 1 This matter is before us as two separate appeals from two separate but parallel proceedings that involve the same parties and the same subject matter. Factually, this case involves a dispute between several water users ("petitioners") and the city of Springville.1 The petitioners are all water rights holders. They own land in Springville and hold diligence rights to...

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